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HomeMy WebLinkAbout04-1434 RICHARD MACINTYRE, II Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. (/'1 . 113tf CIVIL TERM JESSICA WOOD Defendant CNIL ACTION.LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Richard MacIntyre, II, residing at 120 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. He resides with his parents. 2. The Defendant is Jessica Wood, residing at 502 North College Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name Present Residence Age Richard K. MacIntyre, III 502 N. College Street, Carlisle PA 1 1/2 years Riley David MacIntyre 502 N. College Street, Carlisle PA 1 1/2 years The children were born on June 17, 2002. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date a. Jessica Wood 502 N. College, Carlisle, PA Richard MacIntyre Tyran Wood 6/17/02.12/26/03 b. Jessica Wood Tyran Wood 502 N. College, Carlisle, PA 12/26/03.present 4. The relationship of Plaintiff to the children is that of Father. The Father of the children is Richard MacIntyre, II, currently residing at 120 Petersburg Road, Carlisle, PA. He is not married. 5. The relationship of Defendant to the child is that of Mother. The Mother of the children is Jessica Wood, currently residing at 502 North College Street, Carlisle, PA. She is not married. 6. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 7. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting the relief requested. a. The Father has been the primary caregiver of the minor children since their birth. He has: 1. Planned and prepared meals; u. Bathed, groomed and dressed the children; ill. Purchased, cleaned and cared for the children's clothing; IV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare, to include persons to care for the children if Father needs to work overnight; VI. Put the children to bed nighrly, attended the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Father. c. Father is able to provide a stable environment for the children. d. Father is the parent that is most likely to foster a relationship between the children and the other parent, in this case their Mother. e. Mother has refused to allow Father any visitation with the children for the two weeks prior to this Complaint being flled. f. It is believed, and therefore averred, that Mother leaves the children in the care of her eight year old son. . . 9. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court grant custody of the minor children to the Plaintiff/Father. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: Otfl n 5/ oLf ~llP-.t.{). ~.+noa0( +A _ Kara W Haggerty, ~e .-r 1.0. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249.0900 Attorney for Plaintiff RICHARD MACINTYRE, II Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. CIVIL TERM JESSICA WOOD Defendant CIVIL ACTION.LAW CERTIFICATE OF SERVICE AND NOW, this r).j. L'd~y of April, 2004, I, Kara W Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint by placing or causing to be placed said copy in the United States Mail, to Defendant's attorney, addressed as follows: John Porter, Esquire 61 W Louther Street Carlisle, PA 17013 Date: DLtIDSlo~ kCLUl L J ~aqqu -h r. _ Kara W Haggerty, ~e 0 Attorney 1.0. No. 86914 36South Hanover Street Carlisle,PA 17013 (717) 249.0900 Attornry flr Plaintiff VERIFICATION I, Richard MacIntyre, II, hereby verify that the facts set forth in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: ~ - J -0 Y 9..J~ Mu Richard MacIntyre, II ~ ~~ --...., ~ ---\\ EiJ 0J ....>-j ~ ~ f-' J ---I ~ '" I 0 c ~:"-..) r--" () i::_l -';\ ....!~- ~, >.. -r-: G. !"."? , ..... l./" '-' "" ,-,,, \'0 ~. , (:i: '--.. ~1 . ,~ 1-,.) RICHARD MACINTYRE, II PLAINTIFF IN THE COURr OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-1434 CIVIL ACTION LAW JESSICA WOOD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 07, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja"queline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesdoy, May 04, 2004 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existin:g Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!,. FOR THE COURC By: Isl Jacqueline M. Vemey, Esq. Custody Conciliator mhc 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 FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Stred Carlisle, Pennsylvania 17013 Telephone (717) 249,3166 ~ ~___ ~ ~~LL -"~ % <7 -<t/V /Jt7 5A ~C;/~:2 ~ ~~~r,;?-,S,~ ~~~ ~~~ ~//r7.$-h (" \..('.1 \J'\,~~~':/l\\}\,:;\\'\ \,_:,~~~. .,r", , . '\' "." I ""~' t'\ _ __,'" ,",~. ..." !,,~,-,-, ,'v ) I"'" , . " ." \.LI\\ ~\J-,.' '.. ,. . ,< . \ Z : \ \ Htj g- tl(.\~ ~unl ,-. "\,-\'d ::1"i' dO .\'.,,"u' ''1- ,.v' ..1'1 i\' .n:I,)\~ ' . '~""'\\J ,,'- 1_ .,,\,.,j " \(\-(1-..\ !.' :>...;l:i;:'\.,.: - ,. .- HAY 2 8 2UIU v {' RICHARD MACINTYRE, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAJ'IlD COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JESSICA WOOD, Defendant NO. 2004 -1434 IN CUSTODY COURT ORDER AND NOW, this ~day of ~l')\Q ,2:004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that the following Temporary Custody Order is entered: 1. The mother, Jessica Wood, and the father, Richard Macintyre, II, shall enjoy shared legal cnstody of Richard K. Macintyre, III, and Riley David Macintyre, both born on June 17, 2002. 2. Mother shall enjoy primary physical custody of the minor children. 3. Father shall enjoy periods of temporary physical custody as follows: a. Starting on Monday, May 24, 2004, father shall have custody of the minor children when he shall pick them up on Monday afternoon at the day-care center and return the children to the day-care center on Wednesday morning. During this time, father shall make sure that the children attend the day-care services on Monday, Tuesday and Wednesday. b. Starting June 14, 2004, father shall han custody of the minor children each week from Monday at 6:30 a.m. when he shall pick them up at the Carlisle Police Station parking lot and father shall maintain custody through Wednesday afternoon of each week until 3:45 when he shall return the children to the mother at the Carlisle Police Station parking lot. During these times, father shall have no obligation to take the children to day-care and father may keep the childrl~n the entire time. c. Father shall also enjoy temporary custodly with the minor children at such other times as the parties may agree. 4. Neither party shall consume alcohol or be unlller the influence of alcohol when they have custody of the minor children. 5. If either party is unavailable to care for the l:hiIdren when they have custody and is not available for a time frame of 2 V:. hours or more, they must first contact the other parent to give that parent an opportunity to provide care for the children during the custodial parents unavailability. The non-custodial parent in these circumstances has no obligaltion to take the children but is merely being afforded the first opportunity to provide care for the children when the custodial parent is unavailable. 6. The attorneys for the parties shall conduct a tf,lephone conference calI with the Custody Conciliator on Thursday, July 15, 21[)04 at 8:00 a.m. At that time, the parties will review whether this Temporar:r Custody Order is satisfactory. If not, either party can request that the matter be scheduled for a hearing before the Court. ,1' ''--- I / BY THE COURT, ,7 /1 Judge cc: Kara W. Haggerty, Esquire John Porter, Esquire . ~ {.)Ol/O'/ ~ n C)._. Fl' E" ~''''~'' ~ I.... U-Vi"t"lvt: 0.. '11IC onO"u""'n/\'iv i Ifl... 11'....lr,"-i;"d!, f11 20D4 JUN -/ AN 1/: 35 C'I'i':' ",,_, '\rev UI'."!.';';:'"1 ;';j ',."UU1.'11 o;::"'II\r:~vl' '\f"I",IiA I ;..j ~i ':""1 I~\i RICHARD MACINTYRE, II Plaintiff MAY 28 2004 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JESSICA WOOD, Defendant NO. 2004 -1434 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator met with the parties at a conference, and th,en had two subsequent telephone conference calls with the attorneys for the parties. Based upon those interactions, the Conciliator recommends an order in the form as attached. a,(fJ ~ DATE C)f!/ - tJ Hubert X. Gilroy,. Es Custody Conciliator RICHARD MACINTYRE, " Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 1434 JESSICA WOOD, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY 1 . The Petitioner is the Defendant, Jessica Wood, (hereinafter referred to as "Mother"), who resides at 14 Chestnut Street, P.O. Box 42, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Respondent is the Plaintiff, Richard Macintyre, II, (hereinafter referred to as "Father"), who resides at 120 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of Richard K. Macintyre, born June 17, 2002, age 2, and Riley David Macintyre, born June 17,2002, age 2, (hereinafter referred to as "children"). 4. Mother has had primary physical custody of the children at all times since the parties'separation. 5. A Custody Order was entered in this matter on June 1, 2004 which provided Mother with primary physical custody and Father with periods of temporary custody of the minor children. A copy of the June 1,2004 Custody Order is attached hereto as "Exhibit A." 6. The parties do not presently follow the June 1, 2004 Custody Order and Mother wants a new Order to address changes in circumstances of the parties and to address certain problems with the current arrangement. II "I . WHEREFORE, Mother respectfully requests that the Order entered in this matter on June 1, 2004 be modified to in accordance with this Petition. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~i/~ Michael A. Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Wood\modify.pet II RICHARD MACINTYRE, II Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 1434 JESSICA WOOD, Defendant CIVIL ACTION - LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~,>4.u~oI ~ JESSfCA WOOD "'--- DATED: January /7 ,2005 HAY 28 2D04 <; RICHARD MACINTYRE, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JESSICA WOOD, Defendant NO. 2004 - 1434 IN CUSTODY COURT ORDER AND NOW, this I ~ day of qulA.L- , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that the following Temporary Custody Order is entered: 1. The mother, Jessica Wood, and the father, Richard Macintyre, ll, shall enjoy shared legal custody of Richard K. Macintyre, li, and Riley David Macintyre, both born on June 17,2002. 2. Mother shall enjoy primary physical custody of the minor children. 3. Father shall enjoy periods of temporary physical custody as follows: a. Starting on Monday, May 24, 2004, father shall have custody of the minor children when he shall pick them up on Monday afternoon at the day-care center and return the children to the day-care center on Wednesday morning. During this time, father shall make sure that the children attend the day-care services on Monday, Tuesday and Wednesday. b. Starting June 14, 2004, father shall have custody of the minor children each week from Monday at 6:30 a.m. when he shall pick them up at the Carlisle Police Station parking lot and father shall maintain custody through Wednesday afternoon of each week until 3:45 when he shall return the children to the mother at the Carlisle Police Station parking lot. During these times, father shall have no obligation to take the children to day-care and father may keep the children the entire time. c. Father shall also enjoy temporary custody with the minor children at such other times as the parties may agree. EXHIBIT "A" , / / / 4. Neither party shall consume alcohol or be under the influence of alcohol when they have custody of the minor children. 5. If either party is unavailable to care for the children when they have custody and is not available for a time frame of 2 Vz hours or more, they must first contact the other parent to give that parent an opportunity to provide care for the children during the custodial parents unavailability. The non-custodial parent in these circumstances has no obligation to take the children but is merely being afforded the first opportunity to provide care for the children when the custodial parent is unavailable. 6. The attorneys for the parties shall conduct a telephone conference call with the Custody Conciliator on Thursday, July 15, 2004 at ~:OO a.m. At that time, the parties will review whether this Temporary Custody Order is satisfactory. If not, either party can request that the matter be scheduled for a hearing before the Court. BY THE COURT, /s/ !1r fJ /3"f1 judge cc: Kara W. Haggerty, Esquire John Porter, Esquire n~UE COpy FROM RrCORO to rCl\1mony wher6Of, I nore unto s&t my nano ar.d lha seal III said J!:it Call1sle. Pa. Thll Iv-f ~~ .~ #": . . (ht-yt ~ . /l ~;'<F Protttonotarv 1\ RICHARD MACINTYRE, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 1434 CIVIL ACTION - LAW IN CUSTODY V. JESSICA WOOD, Defendant CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for Defendant in the above-captioned action, do hereby certify that I served a copy of the Petition to Modify Custody via regular U.S. Postal Service Mail, to: Richard MacIntyre, II 120 Petersburg Road Carlisle, Pennsylvania 17013 O'BRIEN, BARIC & SCHERER BY ffM~ Michael A. Scherer, Esquire DATE: January 18, 2005 ~ ~ 0 r--_' ~ c.~ 0 c-' c::..~ c..T' ., , ~, , ~- --1 \) -r- . f:~-l ~.~ .....,;. -,""-- ~. ~. f) ~ \ CO ~ -','., ~ ~ ~ - r:-S ~ 0 ~ .[;:' RICHARD MACINTYRE, II PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-1434 CIVIL ACTION LAW JESSICA WOOD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 21.2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Veruey, Esq. ,thc conciliator, at 4tb Floor, Cumberlaud Couuty Courtbouse, Carlisle on _:r!,!~sda~', February 17.2005 at 9:30 AM for a Pre, Hearing Custody Conference. At such conferencc, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. Verney, 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 bnsiness before the COU/1, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the COllrt. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 BedfiJrd Street Carlisle, Pennsylvania 17013 Telephone (717) 249,3166 ~~~'i3} . tAAJ +' ,/77"~' \ Vtf"'?'!"P'J'P "....' #~l 5().he.( jj7~ fz!:? /j. iFF. r~Jt. 5'/.J1 e / . ~ .t7 /'~. . ,4] yJ .het . J7T' ~7 -I' ' 11/ <t r,p:' . . '.' , -iCJ . II RICHARD MACINTYRE, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 -1434 JESSICA WOOD, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION AND AGREEMENT AND THIS AGREEMENT AND STIPULATION entered into this 9th day of February, 2005, by and between Richard Macintyre, II (hereinafter referred to "Father") and Jessica Wood (hereinafter referred to as "Mother"); WHEREAS, Jessica Wood is the natural mother of the children Richard Macintyre, III and Riley David Macintyre (hereinafter referred to as "children"); and, WHEREAS, Richard Macintyre, II is the natural father of the children; and, WHEREAS, the natural parents are separated and living in separate residence; and, WHEREAS, the parties believe it to be in the best interest of the children that the children reside primarily with Mother; and, WHEREAS, the parties wish enter into an Agreement relative to the custody of the children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall share legal custody of children, Richard K. Macintyre, Ill, and Riley David Macintyre, born on June 17, 2002. !I 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children: a. While he is residing with his parents, Monday, Tuesday and Wednesday of each week from 3:30 p.m. until 8:00 p.m. b. When father obtains his own residence, each Monday and Tuesday overnight. c. Father shall pick the children up at daycare to initiate his partial custody under this paragraph and shall deliver the children to mother at the conclusion of his partial custody under subparagraph a. and shall deliver the children to daycare on Wednesday under subparagraph b. 4. The party receiving custody in the exchange of the child shall be responsible to pick the child up at the other party's residence or at such location as the child is present, as the case may be. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. . . II . " 7. The parties are encouraged to deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. WI~~SS: . . f~lI~ Date: cJ/9/{X5 I ~.?l ..." ~. ',1tJ;UCtAv J. ~ J . " fl I' ' \ \. jJ ..:)..,J LN~ ~,fA 71ft ..--.... Jessica Wood --.... '--'--'1 Date: ..jfhld!10j q, (;){,fY:;;- ,.......... p,;',':.';') . ~'C'!'L .8, .."".', 1\j~cu.~,~_:.":, mas.dir/domestic/wood/stipulation .ag r ~ -1-/. . -'"1 fTl l:,:U CO) -n .., -.,,, c:::: -j (..0 c f I i _~ ! 0., ;} RICHARD MACINTYRE, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 -1434 JESSICA WOOD, Defendant CIVIL ACTION - LI:...W IN CUSTODY ORDER OF COURT AND NOW, this ~v{t;;'y of February, 2005, upon consideration of the within Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: 1. The parties shall share legal custody of children, Richard K. Macintyre, III, and Riley David Macintyre, born on June 17,2002. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children: a. While he is residing with his parents, Monday, Tuesday and II II II II Wednesday of each week from 3:30 p.m. until 8:00 p.m. b. When father obtains his own residence, each Monday and Tuesday overnight. c. Father shall pick the children up at daycare to initiate his partial custody under this paragraph and shall deliver the children to mother at the conclusion of his partial custody under subparagraph a. and shall deliver the children to daycare on Wednesday under subparagraph b. Father shall keep the children in daycare during his periods of partial physical custody. 4. The party receiving custody in the exchange of the child shall be responsible to pick the child up at the other party's residence or at such location as the child is present, as the case may be. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 7. The parties are encouraged to deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. / BY THE C9oRT, Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Richard Macintyre, II 120 Petersburg Road Carlisle, Pennsylvania 17013 )~ < ~.d .2- /5'>05 ()-. ^,' F:~~) 1<' , 12 Lv FEB 1 7 20iJ: ~ ~ RICHARD MACINTYRE, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JESSICA WOOD, Defendant NO. 04-1434 IN CUSTODY COURT ORDER y~ AND NOW, this I v-; day of February, 2005, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction of this case. 90/ XI Hubert X. GilroJ', Esquir Custody Conciliator -." ,....", ..-",.- J , ,I V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 1434 RICHARD MACINTYRE, II Plaintiff JESSICA WOOD, Defendant CIVIL ACTION. Lf\.W IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes Jessica Wood, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Jessica Wood, (hereinafter "Mother"), is the natural mother of Richard K. Macintyre, III, and Riley David Macintyre, (hereinafter "Children"), both of whom were born on June 17, 2002. 2. Richard Macintyre, II, (hereinafter "Father"), is the natural father of the children. 3. The parties are governed by an Order of Court dated February 14, 2005, relative to the custody of the children. A copy of the Order is attached hereto as Exhibit "A". 4. Paragraph 3(c) requires Father to keep the children in daycare during his periods of partial physical custody. The purpose of this provision is to maintain consistency in the children's schedules and to ensure the children receive educational and social instruction. 5. Father has failed or refused to make certain the children remain in daycare during his periods of partial physical custody in that Father has removed the children from daycare on random days at various times or has refused and failed to deliver them to daycare at all, which has confused the children and interrupted their schedules. 6. Father sometimes has the paternal grandmother care for the children in his home or, on occasion, delivers the children to paternal grandmother during Father's partial physical custody rather than delivering the children to daycare as required by the Order. II I' 7. Father has failed to deliver the children to daycare Wednesday mornings at the I termination of his periods of partial physical custody. Keeping the children past his partial physical custody period. WHEREFORE, Mother respectfully requests that Father be held in contempt for failing to abide by paragraph 3(c) and impose reasonable sanctions. against Father. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: December 27,2005 ~ Michael A. Scherer, Esquire 1.0.# 61974 19 West South Street Carlisle, PA. 17013 (717) 249.6873 Attorney for Defendant, Jessica Wood FEB 1 '; 2~05:1 RICHARD MACINTYRE, II Plaintiff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 1434 CIVIL ACTION - LAW IN CUSTODY Ii Ii , I " i JESSICA WOOD, , , Defendant I; !i il II V. ORDER OF COURT .- "" AND NOW, this ;'1- I day of February, 2005, upon consideration of the within I Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: I 1. The parties shall share legal custody of children, Richard K. Macintyre, III, ! I and Riley David Macintyre, born on June 17, 2002. :1 :i II 'I i[ " 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical clJstody of the children: !I " 'I i I a. While he is residing with his parents, Monday, Tuesday and Wednesday of each week from 3:30 p.m. until 8:00 p.m. i , " II b. When father obtains his own residence, each Monday and Tuesday :i overnight. . 'I Ii II " i! , I I c. Father shall pick the children up at daycare to initiate his partial custody under this paragraph and shall deliver the children to mother at the conclusion of his partial custody under subparagraph a. and shall deliver the children to daycare on 'I " ;1 II , , Wednesday under subparagraph b. Father shall keep the children in daycare during his periods of partial physical custody. 4. The party receiving custody in the exchange of the child shall be responsible to pick the child up at the other party's residen(;e or at such location as the child is present, as the case may be. EXHIBIT "A" I .J I ..'. I 5. The parties will keep each other advised immediately relative to any emergencies conceming the child and shall further take any necessary steps to insure 'I I, I that the health and well being of the child is protected. 6. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 7. The parties are encouraged to deviate from this schedule when the best 1:1 I interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. BY THE COURT, /s/ fJif~' f3. ~~ I f dgar B. Bayl . . i I I il II II 1\ I ! Michael A. Scherer, Esquire O'Brien, Baric & Sch~rer 19 West South Street Carlisle. Pennsylvania 17013 Richard MacIntyre, II 120 Petersburg Road Carlisle, Pennsylvania 17013 I \ I I \ I \ TRUE COPY FROM AECOAU In TO'itimony whereOf,ll'.llre unto set my haOO ~\'Id the 116ll ~ said Court at Carlisle, Pa. > ~hi~ fi,,~~:1f~~ ..1;; . Ptottlonotar'l II \' RICHARD MACINTYRE, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 1434 V. JESSICA WOOD, Defendant CIVIL ACTION. Lo...W IN CUSTODY VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. II understand that false statements herein are made subject to the penalties of 18 Pa.C.SA!l4904, relating to unsworn falsification to authorities. 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'MON ONV H1i10:) dO N30HO Aoo~sn:) NI INVaN~3]CI aOOA'. V:)ISS3f M V1 NOIlW llAD Pftol'I'O '/I. YINY A 1ASNN3d 'A~NnO:) ONYl~38/Aln:) dO SV31d NO/Al/AlO:) dO DInO:) 3HJ. NI ,HIlNIV1d " '3~Al.NDVlAl a~VH:)nI . /. IOCX-~ /. I[}~ / -/e '0(; 2C::ttl In 'v l . C,'~ I'db ":"'\/ /J Jl .' /tJ d ~.. c5:~U1 f.PA' tt?/jt '/~ i? ttA') 'J!/k /tW.d/ d ~ . - . t#t1 #.- t' ',&h ,pi. - .-- RICHARD MACINTYRE,II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RECEIVED JAN 311D~5 pr v CIVIL ACTION - LAW JESSICA WOOD, Defendant NO. 04-1434 IN CUSTODY COURT ORDER /1 AND NOW, this ;(J day of January, 2006, The Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. at) \ G .,,\ . 1.,'-' 8 . ,xv ..,~..,n'" I.:. ,~'Z\\ \J r - \il.:l (\\\\\1. C) (- r,:::9 :::3 t.:;-- ~~f~ ~ .or: p"i 0;:.; , W 1,...":) II ,I \1 Richard Macintyre II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004.1434 v. Jessica Wood, Defendant : CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO TRANSMIT CUSTODY STIPULATION/ORDER 1. On February 14, 2005 a Custody Agreement and Stipulation was entered. 2. On December 29, 2005 a Petition for Contempt for violation of the February 14,2005 Custody Order of Court was filed by Defendant, Jessica Wood. 3. The parties, through their attorneys voluntarily participated in an informal Custody Conference on January 16, 2006; as a result of that Custody Conference, the Custody Stipulation/Order that is the subject of this Praecipe resulted and the Defendant, Jessica Wood, through her attorney Michael Scherer, Esquire, agreed to withdraw the Contempt Petition. THEREFORE, the parties respectfully request that the February 14, 2005 Custody Order be vacated and the attached Custody Agreement/Order be issued. Po!;/) /j~ . Date ~. :....e alen R. Waltz, Turo Law Offices 28 S. Pitt Street Carlisle, PA 17013 (717)245.9688 ri.' 0-\ C) 'n -~ rr'j C~;' ~. ~ :""::. II , .. J. Richard Macintyre II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1434 v. Jessica Wood, Defendant : CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION/ORDER ~_u____ AND NOW, this -t52- day of Ja, ,~~I y, 2006, upon consideration of the undersigned stipulation, the following custody agreement is hereby adopted as an Order of Court: 1. The father, Richard Macintyre II, and the mother, Jessica Wood, shall enjoy shared legal custody of Richard K. Macintyre III, and Riley David Macintyre, twin boys, born on June 17, 2002. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other parity's right to shared legal custody of the children. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their children that cc,,!~ ,easonab!y be expected to be of concern to the parent then having physical custody. With regard to an emergency decision which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical custody shall be a follows: a. Mother shall have primary physical custody of the children; II ., . Father shall have periods of partial physical custody of the children as follows: (i) Father shall pick the children up at daycare on Monday on or about noon time and he shall have the children through Wednesday at or about 5:00 PM. The exchange of the children on Wednesday's shall be at the paternal grandmothers residence unless the parties agree otherwise. 3. The parties shall have two weeks of uninterrupted vacation; a minimum of 30 days advanced notice shall be provided to the parent regarding the date of the vacation, the destination of that vacation and appropriate telephone numbers where the non-custodial non-vacationing parent can reach the children in the event of an emergency. 4. b. (ii) The following holidays and times shall be observed: a. The following holiday schedule shall alternate and rotate. For Easter 2006, Father shall have the children from 6:00 PM the Saturday before Easter until 6:00 PM Easter Day; Mother shall have the children from 6:00 PM until the children's bedtime. For Thanksgiving 2006, Mother shall have the children from the day before Thanksgiving at 6:00 PM through Thanksgiving Day until 6:00 PM and Father shall have the children on Thanksgiving Day 2006 from 6.00 PM until the children's bedtime For Christmas Eve and Christmas, Father shall have the children from Christmas Eve at 6:00 PM through Christmas Day at 6:00 PM and Mother shall have the children from Christmas Day at 6:00 PM through their bedtime. For New Year's Eve through New Year's Day Mother shall have the children New Year's Eve 2006 at 6:00 PM through New Year's Day 2007 at 6:00 PM; Father shall have the children New Year's Day 2007 from 6:00 PM until the children's bedtime. In 2007, Mother shall have the first half of Easter and Christmas and Father shall the first half of Thanksgiving and New Year's EvelDay. 5. The parties shall not do or say anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or . _. - ~ . " .., '" which may hamper the free and natural development of the children's love or affection for the other parent. 6. Neither party shall smoke in the presence of the children when the children are in their custody nor shall they allow third parties to smoke in the presence of the children. 7. Neither party shall use alcoholic beverages in the presence of the children or when the children are within their custody nor will the custodial parent permit third parties (0 consume alcohol in the presence of the children. 8. The parties may alter this schedule as they may agree. However, if the parties cannot agree, the schedule outlined in this Order shall control. IJ IY) 60 Oat I I / ~- Richard Macintyre 11 / a, U . DU Date Jili(1{1 oJ )jjf?C{ Jessica Wood ~ -z.-\ \to l ot Date // ,/ , cc: Mike Scherer, Esq. Galen Waltz, Esq. ~4 ./}'vu.dd J//tfo(, q- i::l: ~: ;::: H_ e, >- c:~ ';:") C".J C;._ o C';:'l L,-l l~ _f:> ~;:.:, ...:_~-) C-. I . V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 1434 RICHARD MACINTYRE, II Plaintiff JESSICA WOOD, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT TO THE PROTHONOTARY: Kindly withdraw the Petition for Contempt which was filed in the above-captioned matter on Thursday, December 29, 2005. Respectfully submitted, O'BRIEN, BARIC & SCHERER /l4iL4-~ I Date: February 15, 2006 II I I I Michael A. Scherer, Esquire 1.0.61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff j' - RICHARD MACINTYRE, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 1434 JESSICA WOOD, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on Wednesday, February 15, 2006, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the foregoing Praecipe to Withdraw Petition for Contempt, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Galen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, Pennsylvania 17013 ;Ik~ Ii-- Michael A. Scherer, Esquire II () C" :'=1 :~:} r., ,.. ~" ::',," RICHARD MacINTYRE, II, Plaintiff/Petitioner, V. JESSICA WOOD, Respondent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P -NNSY`Q/ANIA NO. 04 - 1434 CIVIL qd Or5 -Lhg IN CUSTODY PETITION TO MODIFY CUSTODY ORDER rv 1. Petitioner is Richard Maclntyre, an adult individual who resides at 22 Kerrs Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Jessica Wood, an adult individual who resides at 203 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. Petitioner is the natural father and Respondent is the natural mother of two children: Richard K. Maclntyre, III, and Riley David Maclntyre (hereinafter, the "Children"), twin boys born June 17, 2002. 4. On February 10, 2006, an Order of Court was entered pursuant to a Custody Stipulation granting Respondent primary physical custody of the Children and Petitioner partial physical custody every Monday at Noon through Wednesday at 5:00 p.m. (attached is Exhibit "A," The February 10, 2006 Order of Court, incorporated herein by reference as if fully set forth). 5. In practice, Petitioner has partial physical custody of the Children every Tuesday night from the end of school until 8:00 p.m., every Friday from 3:15 p.m. to Saturday at about Noon, and every other weekend from Friday to Sunday. 6. David Frank was Respondent's boyfriend for roughly the past five years and resided with Respondent until on or about March 1, 2011. 4q0-00 PA Arr/ tAgq ?'? agc??97 7. Mr. Frank and Respondent have a three-year-old daughter named Alycia Frank (hereinafter, "Alycia") who resided in their household until March 1, 2011. 8. Respondent also has a 15-year-old son named Tyran Wood (hereinafter, "Tyran"), born to a third man, who resided in their household until March 1, 2011. 9. Respondent has severe issues with anger management and domestic violence and has exhibited these issues for many years. 10. Respondent displays an ongoing and escalating problem with abuse of prescription drugs that has existed for two years. 11. Respondent often operates a motor vehicle while under the influence of drugs and will drive in this condition with the Children in the vehicle. 12. Respondent has a history of physical and mental abuse directed towards all of the minor children in her household, including Petitioner's Children. 13. Respondent often strikes the Children violently in the back of the head. 14. Respondent will pick up Alycia by the arms and throw her into the couch so violently that Mr. Frank fears the child's neck will be injured. 15. Respondent frequently curses and screams hysterically directly into the faces of the Children, often for hours without ceasing. 16. Respondent screaming and violence strikes such fear into the minor children that Alycia will often urinate in her pants and walk into walls. 17. Respondent has punched Tyran. 18. At such times that Mr. Frank intervenes to prevent harm to the minor children, Respondent directs these fierce and hysterical onslaughts at him instead. 19. Respondent exhibits erratic, angry and violent behavior at her tanning salon and in public while visibly under the influence of drugs, often in front of the Children. 20. Respondent's physical and emotional violence, even when not directed at the Children is conducted in the presence of the Children. 21. On February 28, 2011, Respondent wrecked her vehicle while driving under the influence of excessive prescription medication. 22. On February 28, 2011, Respondent created a public scene in front of her home, screaming at Tyran while she attempted to throw him out of the house. 23. On February 28, 2011, neighbors of Respondent called the Mount Holly Springs Police Department in response to Respondent's outrageous behavior. 24. Chief Darrell Goodheart responded to the scene. 25. On the recommendation of Chief Goodheart, and as a result of the incident and Respondent's increasingly volatile, violent behavior, and because of her drug abuse, Petitioner removed the Children from Respondent's home to his own while Mr. Frank removed Alycia with him to stay with Respondent's mother. 26. On March 1, 2011, Respondent appeared at her mother's home under the obvious influence of drugs and attempted to take Alycia from Mr. Frank. 27. When Mr. Frank refused to relinquish the child, Respondent grabbed Alycia from Mr. Frank's arms and attempted to yank her from his grasp. 28. When Mr. Frank refused to surrender his daughter, Respondent struck Mr. Frank in the face with a closed fist in front of the child. 29. As a result of the incident, on March 1, 2011, Respondent was arrested and charged with Simple Assault under 18 Pa.C.S. 2701 and Harassment under 18 Pa.C.S. 2709. 30. Respondent posted bail and was released from Cumberland County Prison on March 2, 2011, on the condition that she not contact Mr. Frank. 31. Beginning almost immediately upon her release on March 2nd, Respondent contacted Mr. Frank by telephone and text at least 26 times and went directly to confront Mr. Frank at her mother's residence. 32. As a result of the incident, on March 2, 2011, Respondent was arrested and charged with Stalking under 18 Pa.C.S. 2709.1. 33. The Children were rendered in a hysterical state as a result of the March 2, 2011 incident. 34. The Children were so traumatized emotionally from the event that they could not attend school the following day. 35. Since the incident, Riley in particular exhibits signs of intense stress and emotional suffering, including a daily stomach ache. 36. Petitioner posted bail and was released from Cumberland County Prison on March 3, 2011. 37. On March 3, 2011, Respondent drove the Children to a skating party and was observed to be under the influence of drugs. 38. At the skating event, Respondent loudly discussed in front of everyone present, including the children, the sexual acts in which she was planning to engage with her new paramour. 39. Respondent continues to violate her bail by contacting Mr. Frank. 40. Respondent currently does not return home at night and the Children sleep on the couch in the care of Respondent's friend, Barbara Finnicle, with the Children sometimes waiting up until 1:00 a.m. on a school night to attempt to see Respondent. 41. The Children never sleep in their beds at Respondent's home, sleeping instead on the downstairs floor or in Respondent's bed, both of which Petitioner believes to be inappropriate. 42. Respondent's drug abuse issues are becoming increasingly more severe and this condition endangers the Children. 43. Respondent is becoming increasingly more violent physically and emotionally and endangers the Children with violence directed towards them and towards others in their presence. 44. Respondent exhibits serious mental health issues that endanger the Children. 45. Respondent's violence is directed toward all parties in her household, adult and children alike. 46. The Children now exhibit signs and symptoms of serious emotional and physical distress which Petitioner believes are a result of Respondent's longstanding course of conduct as stated in this Petition. 47. Petitioner fears for the physical, mental and emotional well-being of the Children if left unsupervised in Respondent's custody. 48.The best interest and permanent welfare of Richard K. Macintyre, III and Riley David Maclntyre will be served by modifying the Order to provide Petitioner with primary physical custody to afford the Children the necessary stability and to better provide for the Children's mental, physical and emotional well-being. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing Court Order of February 10, 2006, to award Petitioner primary physical custody of the Children and Respondent supervised partial physical custody, and order Respondent to successfully complete rehabilitation, a mental health examination and professional counseling for her drug abuse and anger management issues, all of which will be in the best interest of the Children. Respectfully submitted, a 3//C// Date TURO ROBINSON Lorin Arf8rew"Onyder, Esq. PA-M #203196 129 S. Pitt reet ca?i A 17013 717-245-9688 Attorney for Petitioner I "k. I Richard Macintyre II, Plaintiff V. Jessica Wood, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1434 CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION/ORDER AND NOW, this day of J 2006, upon consideration of the undersigned stipulation, the following custody agreement is hereby adopted as an Order of Court: 1. The father, Richard Maclntyre II, and the mother, Jessica Wood, shall enjoy shared legal custody of Richard K. Macintyre 111, and Riley David Macintyre, twin boys, born on June 17, 2002. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other parity's right to shared legal custody of the children. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their children that ccal,, reasonably be expected to be of concern to the parent then having physical custody. With regard to an emergency decision which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical custody shall be a follows: a. Mother shall have primary physical custody of the children; b. Father shall have periods of partial physical custody of the children as follows: (i) Father shall pick the children up at daycare on Monday on or about noon time and he shall have the children through Wednesday at or about 5:00 PM. (ii) The exchange of the children on Wednesday's shall be at the paternal grandmothers residence unless the parties agree otherwise. 3. The parties shall have two weeks of uninterrupted vacation; a minimum of 30 days advanced notice shall be provided to the parent regarding the date of the vacation, the destination of that vacation and appropriate telephone numbers where the non-custodial non-vacationing parent can reach the children in the event of an emergency. 4. The following holidays and times shall be observed: a. The following holiday schedule shall alternate and rotate. For Easter 2006, Father shall have the children from 6:00 PM the Saturday before Easter until 6:00 PM Easter Day; Mother shall have the children from 6:00 PM until the children's bedtime. For Thanksgiving 2006, Mother shall have the children from the day before Thanksgiving at 6:00 PM through Thanksgiving Day until 6:00 PM and Father shall have the children on Thanksgiving Day 2006 from 6.00 PM until the children's bedtime. For Christmas Eve and Christmas, Father shall have the children from Christmas Eve at 6:00 PM through Christmas Day at 6:00 PM and Mother shall have the children from Christmas Day at 6:00 PM through their bedtime. For New Year's Eve through New Year's Day Mother shall have the children New Year's Eve 2006 at 6:00 PM through New Year's Day 2007 at 6:00 PM; Father shall have the children New Year's Day 2007 from 6:00 PM until the children's bedtime. In 2007, Mother shall have the first half of Easter and Christmas and Father shall the first half of Thanksgiving and New Year's Eve/Day. 5. The parties shall not do or say anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent orl i i which may hamper the free and natural development of the children's love or affection for the other parent. 6. Neither party shall smoke in the presence of the children when the children are in their custody nor shall they allow third parties to smoke in the presence of the children. 7. Neither party shall use alcoholic beverages in the presence of the children or when the children are within their custody nor will the custodial parent permit third parties to consume alcohol in the presence of the children. 8. The parties may after this schedule as they may agree. However, if the parties cannot agree, the schedule outlined in this Order shall control. 64C Dat rg-1 a1? Date zip t aL Date cc: Mike Scherer, Esq. Galen Waltz, Esq. ,-, 1, z ilkA Richard Macintyre II i Jessica W C? VERIFICATION I verify that the statements contained in the foregoing Petition are true and correct to the best of my knowledge and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. t Date Richard Maclntyre j Petitioner ?' DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1919 CIVIL TERM HEATHER WICKARD, : CIVIL ACTION - LAW Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order on counsel for Defendant by depositing the same in the United States Mail, first class, postage pre-paid on the Sixteenth day of March, 2011, from Carlisle, Pennsylvania, addressed as follows: Michael A. Scherer, Esq. Baric Scherer 19 W. South Street Carlisle, PA 17013 TURO ROBINSON Lorin Andre Snyder, E 129 S. Po Street Carlis , PA 17013 717-945-9688 Attorne r etitioner S RICHARD MACINTYRE, 11, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C-) CIVIL ACTION - LAW vs -,-? . rnm zm ? . NO. 2004-1434 car" JESSICA WOOD, C)C) Z- Defendant IN CUSTODY 0 ?YJ Prior Judge: The Honorable Albert H. Masland ? ° co {? COURT ORDER AND NOW, this day of April, 2011, upon consideration of the attached / Custody erd and directed that this court's prior order of February 10, 2006, shall Conciliation Report, it is or remain in place subject to the following modifications: For the remainder of the school year, physical custody shall continue to be handled with mother having primary custody of the two minor children and the father having custody on alternating weekends from Friday through Monday, on the other two weekends from Friday through Saturday, and at least one evening per week being Tuesday or Thursday subject to agreement of the parties. 2. Starting the Friday after the children are released from school for summer vacation, the parties shall start a 50/50 custodial arrangement during the summer. Unless agreed otherwise by the parties, the parties shall alternate custody on a week on/week off basis with exchange of custody to be each Friday at about 6:00 p.m. 3. Legal counsel for the parties shall conduct a telephone conference with the custody conciliator on Friday, July 22, 2011, at 8:00 a.m. At that time and in the event the parties are in agreement on a permanent order, the conciliator may recommend the appropriate order to this court. In the event the parties are unable to reach an agreement on a permanent order, the matter will be referred to the court for a hearing for entry of an order to address how custody will be starting in the fall of 2011. BY THE COURT, Albert H. Masland, Judge cc? Lorin Andrew Snyder, Esquire ? Michael A. Scherer, Esquire 411 0a ". . it RICHARD MACINTYRE, Il, Plaintiff vs. JESSICA WOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1434 IN CUSTODY Prior Judge: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Richard K. MacIntyre, III, and Riley David MacIntyre, twin boys born June 17, 2002 2. A Conciliation Conference was held on April 14, 2011, with the following individuals in attendance: The father, Richard MacIntyre, II, with his counsel, Lorin Andrew Snyder, Esquire, and the mother, Jessica Wood, with her counsel, Michael A. Scherer, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: April 2011 4?y Hubert XV Custody o? , Esquire II, RICHARD MACINTYRE IN THE COURT OF COMMON PLEAS OF , Plaintiff CUMBERLAND COUNTY, PENNS0,Vm4zN I) vs. CIVIL ACTION -LAW r`- x ' L/? N ei JESSICA WOOD, NO. 2004-1434 r- CO °c, Defendant IN CUSTODY `0 3 =C:J7 C- ORDER AND NOW, this day of July, 2011, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Custody Concilia