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HomeMy WebLinkAbout08-7105STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF STEPHEN W. KRIEBEL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTI91y - LAW AMANDA D. KAUFFMAN, : NO. 2008- -7/ CIVIL TERM Defendant : CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Stephen W. Kriebel, Jr., by his attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Stephen W. Kriebel, Jr., an adult individual residing at 21 Robin Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Amanda D. Kauffman, an adult individual residing at 21 Robin Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks custody of the following children: Present Residence lue Will R Kriebel 21 Robin Drive 4 years Shippensburg, PA 17257 D.O.B. 1/15/2004 Lucas N. Kriebel 21 Robin Drive 3 years Shippensburg, PA 17257 D.O.B. 5/18/2005 4. Plaintiff and defendant are the natural parents of the children. 5. The parties were never married. 6. The children are presently in the custody of plaintiff and defendant and the child, Will H. Kriebel, has resided with both parents since shortly after birth and the child, Lucas N. Kriebel, has resided with both parents since birth. 7. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 8. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 9. 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. 10. Father and Mother have shared care giving responsibilities of the children since the children's birth. 11. Mother has not provided structure or discipline to the children and Father has concerns about how the children are being cared for by Mother. Such lack of structure, discipline, and care present a detriment to the children's physical and emotional well-being. 12. The best interests and permanent welfare of the children will be served by granting the relief requested herein. 13. Plaintiff acknowledges the need for the children to have a relationship with defendant and will, if given the opportunity, worm to reinforce that relationship. WHEREFORE, for the reasons set forth herein, Plaintiff, Stephen W. Kriebel, Jr., respectfully requests that the Court enter an order granting primary physical custody of the children to the plaintiff. Respectfully submitted, Dated: December 3, 2008 Stacy B. WO, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unswom falsification to authorities. December -0-32008 tephen W. Ktt?bel, Jr. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF STEPHEN W. KRIEBEL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . : CIVIL ACTION - LAW AMANDA D. KAUFFMAN, : NO. 2008- CIVIL TERM Defendant : CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of Complaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Amanda D. Kauffman 21 Robin Drive Shippensburg, PA 17257 WOLF & WOLF December`392008 By: STACY WOLF, ESQU Attorney Tor Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 # c.. a -TI STEPHEN W. KRIEBEL, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA D. KAUFFMAN DEFENDANT 2008-7105 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, December 08, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, January 05, 2009 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ , facquelrne M. Verney, Es q, . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?trp a; wino 6C :I wd 6 - 33o op#Z Aiv1C? ~r JCki ?i-tl 10 Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Defendant, Amanda D. Kauffman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN W. KREIBEL, JR., Plaintiff V. AMANDA D. KAUFFMAN, Defendant NO. 2008-7105 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire„ on behalf of the Defendant, Amanda D. Kauffman. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 E? G. R/?DCLIFF, ESQUIF rv court ID No. 32112 Date: January 21, 2009 ?? ° n C,_ r,? .?-t € s":: ? ? ? rt-..? ?? ?,?. c ?+, ?:.-. C.xJ .. --i ^"" .a= ..,C JAN 2 7 200Jc^ STEPHEN W. KRIEBEL, JR., Plaintiff VI. AMANDA D. KAUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7105 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ^.°IAX day of 14h 1-3 b.11 2009, upon AND NOW, this consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stephen W. Kriebel Jr. and the Mother, Amanda D. Kauffman, shall have shared legal custody of Will H. Kriebel, born January 15, 2004 and Lucas N. Kriebel, born May 18, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. The parents shall have shared physical custody of the children on a week on/week off schedule. The exchange day and time shall be Sunday at 8:00 p.m. Father shall have the current week and Mother's week will begin February 1, 2009. 5 3. During Father's week of physical custody, Mother shall have physical custody of the children while Father is at work. 4. During Mother's week of physical custody, Father shall have physical custody of the children while Mother works. When Mother works until 9:00 -9:30 p.m., Father shall keep the children overnight and drop them with Mother the next morning on his way to work. 5. Transportation shall be shared such that the relinquishing party shell transport unless otherwise agreed. 6. Neither party may partake in alcohol to the point of intoxication or use any illegal drugs immediately before or during their periods of physical custody. 7. The parties are willing to try this schedule but it should not be considered the status quo if this matter is ultimately scheduled for a hearing. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for February 26, 2009 at 9:30 a.m. BY THE COURT, J. cc: tacY B. Wolf, Esquire, Counsel for Father Aiane Radcliff, Esquire, Counsel for Mother tLL I I ;°? sl l 6Z NAT Ha Kdv STEPHEN W. KRIEBEL, JR., Plaintiff V. AMANDA D. KAUFFMAN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7105 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Will H. Kriebel January 15, 2004 Father Lucas N. Kriebel May 18, 2005 Father 2. A Conciliation Conference was held in this matter on January 27, 2009, with the following in attendance: The Father, Stephen W. Kriebel, Jr., with his counsel, Stacy B. Wolf, Esquire, and the Mother, Amanda D. Kauffinan, with her counsel, Diane Radcliff, Esquire. 3. The parties agreed to an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator -` ,.. FEB 2 r ZOL94 STEPHEN W. KRIEBEL, JR., Plaintiff VI. AMANDA D. KAUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7105 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this .3f & day of K mr L `N , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 29, 2009 shall remain in full force and effect with the following modifications 2. Paragraph 3 of the prior Order is deleted and replaced with the following: During Father's week of physical custody and during the school year, Mother shall have physical custody of the children on Tuesdays and Thursdays when one of the children attends the IU. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A telephone Custody Conciliation Conference is scheduled for March 23, 2009 at 8:30 a.m. BY THE COURT, 1*1? -?? ?A\ cc: ,.Stacy B. Wolf, Esquire, Counsel for Father iane Radcliff, Esquire, Counsel for Mother 12T t £S' Utz 16c.L ©? =C WJ C-VWw IIW4%M 40 STEPHEN W. KRIEBEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7105 CIVIL ACTION - LAW AMANDA D. KAUFFMAN, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Will H. Kriebel January 15, 2004 shared Lucas N. Kriebel May 18, 2005 shared 2. A Conciliation Conference was held in this matter on February 23, 2009, with the following in attendance: The Father, Stephen W. Kriebel, Jr., with his counsel, Stacy B. Wolf, Esquire, and the Mother, Amanda D. Kauffman, with her counsel, Diane Radcliff, Esquire. 3. The Honorable M.L. Ebert, Jr. entered an Order of Court dated January 29, 2009 providing for shared legal custody and shared physical custody. 4. The parties agreed to an Order in the form as attached. '; g - ?. A, Date acq ine M. Verney, Esquire Custody Conciliator MAR ? A 20W(? STEPHEN W. KRIEBEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7105 CIVIL ACTION - LAW AMANDA D. KAUFFMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 4 O'day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courtoom No. of the Cumberland County Court House, on the '9z"4- day of (.c..l , 2009, at ; S O o'clock, ?p -. M., at which time testimony will be tak-dn. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated January 29, 2009 and March 3, 2009 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -? ?a `vt M.L. Ebert, Jr., J. cav=an y B. Wolf, Esquire, counsel for Father e Radcliff, Esquire, counsel for Mother r .? 1?) M. 10 9C --6 WV 93WHOZ STEPHEN W. KRIEBEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7105 CIVIL ACTION - LAW AMANDA D. KAUFFMAN, Defendant : IN CUSTODY PRIOR JUDGE: M.L. EBERT, JR, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Will H. Kriebel Lucas N. Kriebel DATE OF BIRTH CURRENTLY IN CUSTODY OF January 15, 2004 May 18, 2005 shared shared 2. A Conciliation Conference was held March 20, 2009 with the following individuals in attendance: Father's counsel, Stacy B. Wolf, Esquire, and Mother's counsel, Diane Radcliff, Esquire. 3. The Honorable M.L. Ebert, Jr. previously entered Orders of Court dated January 29, 2009 and March 3, 2009 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father asserts that the children lack structure while in Mother's care; that Mother fails to properly supervise and discipline them. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She maintains that the children are properly supervised while in her care. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. 3_a3'cj Date A. ac eline M. Verney, Esquire Custody Conciliator STEPHEN W. KRIEBEL, JR. Plaintiff V. AMANDA D. KAUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 7105 CIVIL TERM IN CUSTODY ORDER OF COURT 1h AND NOW, this day of s C??• , 2009, after hearing, it is hereby ordered and directed as follows: 1. The Father, Stephen W. Kriebel, Jr., and the Mother, Amanda D. Kauffman, shall have shared legal custody of Will H. Kriebel, born January 15, 2004, and Lucas N. Kriebel, born May 18, 2005. 2. The parties shall have shared physical custody of the children on a week on/week off basis. The exchange day and time shall be Sunday at 8:00 p.m. 3. Transportation shall be shared such that the relinquishing party shall transport unless otherwise agreed. 4. The holiday schedule shall be as follows: A. Mother shall have the children on Mother's Day. B. Father shall have the children on Father's Day. C. In even numbered years, Mother shall have the children from 6:00 p.m. on Christmas Eve until noon on Christmas Day and Father shall have the children from noon on Christmas Day until noon on December 26. In odd numbered years, Father shall have the children from 6:00 p.m. on Christmas Eve until noon on Christmas Day and Mother shall have the children from noon on Christmas Day until noon on December 26. D. In even numbered years, Mother shall have the children beginning on Wednesday prior to Thanksgiving Day at 6:00 p.m. until Thanksgiving Day at 3:00 p.m. and Father shall have the children beginning on Thanksgiving Day at 3:00 p.m. until Friday at 9:00 a.m. In odd numbered years, Father shall have the children beginning on Wednesday prior to Thanksgiving Day at 6:00 p.m. until Thanksgiving Day at 3:00 p.m. and Mother shall have the children beginning on Thanksgiving Day at 3:00 p.m. until Friday at 9:00 a.m. E. Custody of the children during all other holidays including New Year's Day, Easter, Memorial Day, Independence Day, and Labor Day will be alternated between the parties on a yearly basis. Should either Mother or Father desire to take the children out of state, prior notice shall be given to the other party. 6. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 7. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. 8. The parties shall do nothing that may estrange the children from the other parry or hinder the natural development of the children's love or affection for the other parry. BY THE COURT, - S\ -Ar-, S,,- M.L. Ebert, Jr., J. D' t ibution: Stacy B. Wolf, Esquire For Plaintiff ?ne G. Radcliff, Esquire For Defendant C'o??'?.s mac I OF THEE TARY 2009 SEP 16 PM 12: 4 5 {{ gy?pp,, r?" _ - «' 7fi CJIiF•r? ._.. iw } 1VE i40TAPCI Zulu Fkrr% IV PTV I Petition for Modification of Custody Order Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff ®comcast.net Attorney for Petitioner. Amanda D. Kauffman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN W. KREIBEL, JR., Plaintiff V. AMANDA D. KAUFFMAN, Defendant : NO. 2008-7105 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER DATED SEPTEMBER 16, 2009 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, comes the Petitioner, Amanda D. Kauffman, who hereby petitions this Honorable Court for the modification of the Custody Order dated September 16, 2009, and respectfully represents that: 1. Your Petitioner is Amanda D. Kauffman, residing at 50 Short Lane, Shippensburg, Cumberland County, Pennsylvania. Petitioner is hereinafter referred to as "Mother". 2. Your Respondent is Stephen W. Kreibel, Jr., residing at 21 Robin Drive, Shippensburg, Cumberland County, PA. Respondent is hereinafter referred to as "Father". 3. Mother and Father are the parents of two (2) minor children, to wit: Will Kriebel, age 6, born on 1/15/2004; and Lucas Kriebel, age 5, born on 5/18/2005, x'70 Do P 0 A-My &tls9yj 12 Iqo UA -2- (hereinafter referred to as the "Children") 4. On September 16, 2009 an Order of Court was entered pertaining to custody of the Children, (hereinafter referred to as the "9/16/09 Order". A true and correct copy of the 9/16/09 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. In accordance with the terms of the 9/16/09 Order the parties share legal custody of the children and share physical custody of the Children on an alternating weekly basis and on alternating holidays. 6. Mother is seeking the modification of the 9/16/09 Order. In support thereof, she alleges that the 9/16/09 Order should be modified because: a. Contrary to the representations Father made when the 9/16/09 Order was entered, Father has been unable to secure a babysitter or care provider for the children in his home during his weeks. As a result, during his weeks he drops off the children at Mother's house between 4:00 am and 4:30 am. b. Father's early morning work schedule and lack of a care provider is detrimental to the children. C. Father has not properly assisted the children in their school work during his weeks. d. Mother is better suited and able to provide for the best interest of the Children. 7. Mother requests that the 9/16/09 Order be modified to provide as follows: A. The parties will continue to have joint legal custody of the Children; 6. Mother should be granted primary physical custody of the Children; C. Father should be granted partial physical custody of the Children on alternating weeks: A. Monday through Thursday, each day to be from after school (or 4:30 p.m. when school is not in session), until 8:00 p.m.; and - 3 - B. Friday after school (or 4:30 p.m. when school is not in session) until Sunday at 8:00 p.m. C. Alternating holidays as set forth in the 9/16/09 Order WHEREFORE, the Mother/ Petitioner respectfully requests this Honorable Court to modify the 9/16/09 Order in accordance with the requests of the Mother/ Petitioner. Camp Hill, PA 1 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner /Mother Dated: April 16, 2010 -4- Respectfully submitted, 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. manda D. Kauffman Date: April 12, 2010 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (Counsel for Respondent/ Plaintiff) DCLIFF, ESQUIR E gistration No 32112) 3 Road Camp Hill, PA 17011 Email: dianeradcliff@comcast net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Petitioner/ Defendant Dated: April 16. 2010 -6- EXHIBIT "A" SEPTEMBER 16, 2009 CUSTODY ORDER STEPHEN W. KRIEBEL, JR. Plaintiff V. AMANDA D. KAUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008 - 7105 CIVIL TERM : IN CUSTODY ORDER OF COURT t? AND NOW, this _IL? day of Sot. - 2009, after hearing, it is hereby ordered and directed as follows: 1. The Father, Stephen W. Kriebel, Jr., and the Mother, Amanda D. Kauffinan, shall have shared legal custody of Will H. Kriebel, born January 15, 2004, and Lucas N. Kriebel, born May 18, 2005. 2. The parties shall have shared physical custody of the children on a week on/week off basis. The exchange day and time shall be Sunday at 8:00 p.m. 3. Transportation shall be shared such that the relinquishing party shall transport unless otherwise agreed. 4. The holiday schedule shall be as follows: A. Mother shall have the children on Mother's Day. B. Father shall have the children on Father's Day. C. In even numbered years, Mother shall have the children from 6:00 p.m. on Christmas Eve until noon on Christmas Day and Father shall have the children from noon on Christmas Day until noon on December 26. In odd numbered years, Father shall have the children from 6:00 p.m. on Christmas Eve until noon on Christmas Day and Mother shall have the children from noon on Christmas Day until noon on December 26. D. In even numbered years, Mother shall have the children beginning on Wednesday prior to Thanksgiving Day at 6:00 p.m. until Thanksgiving Day at 3:00 p.m. and Father shall have the children beginning on Thanksgiving Day at 3:00 p.m. until Friday at 9:00 a.m. In odd numbered years, Father shall have the children beginning on Wednesday prior to Thanksgiving Day at 6:00 p.m. until Thanksgiving Day at 3:00 p.m. and Mother shall have the children beginning on Thanksgiving Day at 3:00 p.m. until Friday at 9:00 a.m. E. Custody of the children during all other holidays including New Year's Day, Easter, Memorial Day, Independence Day, and Labor Day will be alternated between the parties on a yearly basis. Should either Mother or Father desire to take the children out of state, prior notice shall be given to the other party. 6. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 7. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. 8. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other pay. BY THE COURT, D' tribution: Stacy B. Wolf, Esquire For Plaintiff "--- ne G. Radcliff, Esquire For Defendant eofi ES ryt?t l?cL, N i-, M.L. Ebert, Jr., J. RLED--3FRCE OF THE FFOTFrINJOIARY 2009 SEP 16 PM 12.4 5 FEDJt V'SY._'VA CIA STEPHEN W. KREIBEL JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7105 CIVIL ACTION LAW AMANDA D. KAUFFMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, April 19, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, May 17, 2010 at 10:30 AM for a Pre-Hearin, 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/ ac ueline M. Verne Es . 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 OFFI?4 SIB FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C s (,?,2d.? ,.lr• C? M+xjc Cumberland County Bar Association , M 32 South Bedford Street Carlisle, Pennsylvania 17013 ,020 .) ? )ucrb CA- ma•41e? 4:; C) Telephone (717) 249-3166 0 rn l:Ja? hT I C ti.gj• [O C? ?k0.C.12a •k'n W? yex eP. 's i1 . i JUN 242010 Ci? STEPHEN W. KRIEBEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-7105 CIVIL ACTION - LAW AMANDA D. KAUFFMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Q S P -day of , 2010, upon consideration of the attached Custody Concili ion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cou5,Room No. of the Cumberland County Court House, on theay of C; , 2010, at C7 o'clock, . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 16, 2009 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, c ° ?, + ! f co C r w M.L. Ebert, Jr., J. ' cXt ane Radcliff Esquire counsel for Mother acyB. Wolf, Esquire counsel for Father a ? E g rn-at6CL ? f 8?ra ?J Y? tl ?? i' STEPHEN W. KRIEBEL, JR., Plaintiff V. AMANDA D. KAUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7105 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M.L. EBERT, JR, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Will H. Kriebel January 15, 2004 Lucas N. Kriebel May 18, 2005 shared shared 2. A Conciliation Conference was held June 24, 2010 with the following individuals in attendance: Mother, Amanda D. Kauffman, with her counsel, Diane Radcliff, Esquire and Father, Stephen W. Kriebel, Jr. with his counsel, Stacy B. Wolf, Esquire. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated September 16, 1009 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having alternating weekends and 4 evenings per week on the alternating week. Mother asserts that after the entry of the current Court Order, Father failed to obtain a babysitter for the children and dropped the children at her house during his week of physical custody at 4:00-4:30 a.m. to accommodate his work schedule. Once this Petition to Modify was filed Father switched his shift so that he no longer dropped the children off to Mother at 4:00 a.m. Mother further asserts that Father was not assisting the children with their homework. Mother also indicates that the younger child has been diagnosed autistic which Father does not agree with. 5. Father's position on custody is as follows: Father seeks to maintain the status quo. He maintains that Mother voluntarily kept the children during his week. He also indicates that once he was aware that he needed to assist with homework he did so. r i 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. xt- Date acq ine M. Verney, Esquire y Custody Conciliator STEPHEN W. KRIEBEL, JR., Plaintiff V. AMANDA D. KAUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7105 : CIVIL ACTION - LAW : IN DIVORCE WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Plaintiff, STEPHEN W. KRIEBEL, at the above-captioned docket. Respectfully submitted by: --? "Xi T C= IiY?? z' ( f;. N ,'Stacy B. If, Esqui Attorney V#88732 10 West High Street ) Carlisle, PA 17013 Z Dated: PLEASE enter my appearance as attorney of record for the Plaintiff, STEPHEN W. KRIEBEL, at the above-captioned docket. Resp s bmitted by: Dated: 1S Thomas M. Clark, Esquire Attorney ID #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 432-9666 Fax: (717) 432-0426 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN W. KREIBEL, JR., Plaintiff V. AMANDA D. KAUFFMAN, Defendant : NO. 2008-7105 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW this 10?day of December, 2010, upon agreement of the parties, IT IS HEREBY ORDERED that the Order of Court dated September 16, 2009 is hereby amended and modified by the addition of the following terms: 1. Except as modified herein, the terms of the Order of Court dated September 16, 2009, shall remain in full force and effect. 2. The parents shall share and have joint legal custody of the children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their children, including educational, medical, and religious decisions. Notwithstanding that both parents share legal custody, non-major decisions involving the children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 3. Both parents shall be entitled to equal access to the children's school, medical, dental and other important records. Despite this Order, if any service provider or professional still requires a release of a parent to access the children's educational, religious or medical information, both parents shall execute a release within ten (10) days of any written request by a parent or his or her counsel. 4. As soon as practical after the receipt by a parent, copies of the children's school schedules, special event notifications, report cards, and similar items shall be provided to the other parent. 5. Each parent shall notify the other parent of any medical, dental, optical and other appointments of the children with health care providers, sufficiently in 0 advance thereof so that the other parent can attend. b. Each parent shall cooperate with and follow the instructions and recommendations for any medical, mental or behavioral health, and/or educational treatment plan or services for their children. The parents will communicate with each other about any such proposed or actual treatment plan so that both parties may educate themselves about the plan and participate in that plan in accordance with the best interest of their children. 7. Each parent shall provide complete contact information for both parents whenever an emergency or contact information is requested by form, or otherwise, by any school, daycare provider or treating professional. 8. Neither parent shall change the school or schools for the children without the consent of the other parent or further Order of Court. 9. The parents shall keep each other apprise of any changes in babysitters or day care providers for the children utilized during his or her work hours. Further, each parent shall notify the other of and matter which may affect his or her current day care arrangements, such as a change to a parent's work schedule which requires a change in the day care arrangements. BY THE COURT: J. Distribution to: Attorney for Plaintiff: / Thomas J. Clark, Esquire, 130 W. Church Street, Suite 100, Dillsburg, PA 17019 Attorney for Defendant: C-5 J C= , cz;, r?> -;, 3448 Trindle Road, Camp Hill, PA 17011 Esquire ? Diane G. Radcliff -a- 4 -# , , m rn ,ern Fes" ? ? ? 2a. °?'*t .. F5 C5 t T7