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Home My WebLink About09-0054JOHN G. SPEESE, Plaintiff, v. LESLIE A. CAS5IAN0, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2009 - ~y CIVIL TERM IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, John G. Speese, by and through his attorneys, Irwin & McKnight, P.C., and files this Complaint in Custody against the Defendant, Leslie A. Cassiano, representing as follows: 1. The Plaintiff is John G. Speese, an adult individual of 24 Brough Road, York Springs, Adams County, Pennsylvania 17372 (hereinafter "Father") 2. The Defendant is Leslie A. Cassiano, an adult individual residing at 5645 Creekview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "Mother"). 3. The parties are the natural pazents of one (1) daughter named Paige E. Speese, born May 13, 2008, and currently age 8 months. 4. At the time of the birth of the minor child, the parties resided together in an apartment located at 8292 Cazlisle Pike, York Springs, Adams County, Pennsylvania. 5. The parties subsequently sepazated and on or about July 1, 2008, Mother moved from the parties joint residence along with the minor child. 6. Upon information and belief, Mother and the minor child relocated to Mechanicsburg, Cumberland County where they have been residing for at least six (6) months prior to the filing of this Complaint. 7. Mother has withheld custody from Father since the separation of the parties. 8. By and through the actions of Mother, Father has not been permitted to even see his daughter since prior to Thanksgiving in November of 2008. 9. Father desires shared physical custody and joint legal custody of the parties' minor child. 10. The best interests and permanent welfare of the minor child requires that the Court grant the Father's request as set forth above. 11. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. Father 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. WHEREFORE, for the reasons set forth above, the Plaintiff, John G. Speese, respectfully requests that he be awazded shared physical custody and joint legal custody of Paige E. Speese. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: ~ Dough . M' er, Esquire Supreme Court I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: January 6, 2009 Attorney for Plaintiff 2 .. ~ VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. J G.SPEESE Date: (~; G'~ i..~~ ~ ._ ~ ~ _ "' ~'~' .~ ~ ~ ?~` .L. "S'l Til _. ,~ F yy 7 a ~ ~ .,....- ~ a n ;er ~ ~ ~ ~ w ~ ~ ~ J .~. ~ ` z -, JUN 0 t3 2009 JOHN G. SPEESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• :CIVIL ACTION LESLIE A. CASSIANO, : NO. 09-0054 Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ day of -Ta+~- , 2009, upon consideration of the within Motion to Continue Custody Hearing, the Motion is hereby H , 2009 at o'clock m ins^,,,.~,.nnm # :,r tl~ -;;:,.:~...' ~,,,,,,r~, (''n, ~~ in irthn eP rlicl~Pe~~a. d~~ By the Court: ~J Distribution: Vincent M. Monfredo, Esquire / Carol J. Lindsay, Esquire ~P« ,.~~ ~L~C, ~/r%~ ~~ / ~ J. ~~ ~%'rv ~ ~ ay ~~ ~iL~~-~rrfG~ OF ~ PF~;~~~~`~ tii?T,~RY ZQ09.~t1~d 10 ~ ~~ CJ+~ ~t~-~l`viv~aYLUr~~~~~~ `~ JOHN G. SPEECE IN THE COURT OF COMMON--II--PLEAS OF CUMBERLAND COUNTY, PEtNNSYLVANIA V. LESLIE A. CASSIANO 09-0054 CIVIL TERM ORDER OF COURT ', AND NOW, this day of June, 2009, following a h I aring, the relief sought by John G. Speece of periods of unsupervised partial physic I custody with Paige E. Speece, born May 13, 2008, IS DENIED AT THIS TIME. II „ By the B. Bayley, J. / Vincent Monfredo, Esquire For John G. Speece ~ ~ his ~ ~° o s ~rol Lindsay Esquire , ~~- ~ ^ ' ~_ ~;r ~~' , For Leslie A. Cassiano , ~'ry ~ N -~y` = ~ ~~~ :sal c Co~~ES rnat~ w ~ ~, ~~~ ~~ ' We will enter an order of supervised visitation to start one day a week fo r four consecutive hours for four weeks, than eight consecutive hours for four eks, then two consecutive days every other week over an eight week period. t the time of the scheduling of this sixteen week period of supervised visitation a date for an additional hearing will be ordered. The father's counsel shall noti this court in writing, with a copy to opposing counsel, of a proposed provider f the periods of supervised visitation, ideally to be a family member in addition o or separate from the father's parents. The letter shall also contain a sugge ion as to what days would be most suitable for these periods of supervised visit tion. The mother's counsel shall respond in writing to the request within five d ys of receipt of the letter. Fi~-C, Y~tCF AL]V 4F tN~ Cann ~•yrn~l.'~1Y°1f1I .~ .1 2flfl9 JJ~ { 2 PPS '~ ~ 9 ~..:_ t. ;~~~: VVt~Y ... i ~ t'E~F ~ ltiri ~~ ~.`~ JOHN G. SPEECE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LESLIE A. CASSIANO 09-0054 CIVIL TERM ORDER OF COURT AND NOW, this I ~ day of October, 2009, a hearing will be conducted on the petition of John G. Speece to hold Leslie A. Cassiano in contempt of custody orders on Monday, October 26, 2009, at 3:00 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Douglas Miller, Esquire For John G. Speece P. Richard Wagner, Esquire For Leslie A. Cassiano :sal ~~ ~~ ,~~ ~ LPL l to~~ ~~oy' ~r'1 JOHN G. SPEESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. LESLIE A. CASSIANO Defendant Prior Judge: Edgar B. Bayley 2009-54 CIVIL ACTION LAW 1N 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Paige E. Speese May 13, 2008 Mother 2. A custody conciliation conference was held on October 5, 2009, with the following individuals in attendance: the Father, John G. Speese, with his counsel, Douglas G. Miller, Esquire, and the Mother, Leslie A. Cassiano, with her counsel, P. Richard Wagner. 3. There have been five custody conciliation conferences and a hearing in this matter since its inception in early 2009. The Child is not yet one and a half years of age. Most recently, the Court entered an Order dated June 29, 2009, which was later expanded on August 24, 2009, under which the Father has a gradually increasing partial custody schedule progressing from supervised periods of visitation to unsupervised custody. The parties completed the initial stages of the supervised visitation schedule until conflicts arose and the schedule was interrupted. The Father filed this Petition for Contempt alleging that the Mother has violated and continues to violate the June 29 and August 24 Orders of this Court. The parties were unable to reach an agreement at the conference and it will be necessary to schedule a hearing. 4. This has been an extremely acrimonious and litigious matter even within the short period of time in which it has been pending. As it does not appear to be sufficient to control the parties' conflicts by establishing scheduled period of custody, the conciliator discussed with the parties the option of selecting a Parent Coordinator to assist the parties in addressing issues as they arise and simultaneously participating in co-parenting counseling in an attempt to establish even minimal communication. Without the ongoing involvement of trained neutral third parties, the conciliator believes it is unlikely that the parties will be able to sustain any type of ongoing custodial arrangements. The parties were unwilling to commit to these options and instead requested that an additional hearing be scheduled. 5. The Father's position on custody is as follows: The Father believes that the Mother and her family aze intentionally interfering with his relationship and custodial periods with the Child. The Father does not believe that the Mother's family residence is an appropriate place for periods of custody to take place as he feels attacked and outnumbered. The Father believes that the restrictions being placed on his periods of custody by the Mother and her family are unreasonable and unnecessary. The Father stated that he has been regulazly paying support for the Child and feels he is entitled to unsupervised periods of custody to which any father would be entitled. The Father seeks a finding of contempt by the Mother, make-up custodial time, eased restrictions on his custodial time and attorneys fees. 6. The Mother's position on custody is as follows: The Mother believes that her actions limiting the Father's custodial access are justified. According to the Mother, the Father does not appeaz for periods of custody that are scheduled, the Father's conduct is inappropriate and the Father is not truthful with her. 7. Neither parry mentioned the needs or interests of the Child at the conference. 8. The conciliator recommends an Order in the form as attached scheduling a hearing on the Father's Petition for Contempt. It is anticipated that the hearing will require up to one-half day. ~ n /~ / ~~ ~ ~-~=~1~clN C . ~ c1 nl Tj Date Dawn S. Sunday, Esquire ter`" Custody Conciliator 10fl9 OCT 13 ~~1 ?~ ~ 9 C1~1~E:,: __ :y.~,ti~~ JOHN G. SPEESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW LESLIE A. CASSIANO, Defendant N0.09-0054 CIVIL TERM IN RE: PLAINTIFF' S PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 8~' day of February, 2010, upon consideration of the attached letter from Douglas G. Miller, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for February 10, 2010, is rescheduled to Thursday, April 29, 2010, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff ~P. Richard Wagner, Esq. 2233 N. Front Street Harrisburg, PA 17110-1027 Attorney for Defendant :rc t ~ {{J,J~~ A ~2~4/~d ~~ J ('~ N C.~ l j = C, ~, --:~,.~: -r, --~ ~ry ~ ~~ ~~ ..o ' _ ~=~ , ` ~- - c- z~- - -,- -~, ~ ~ `Y t. -~; ~-. ~ _ f'T"1 1 W -` BY THE COURT, LAW OFFICES IRWIN ~ McKNIGHT, P. C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 1 70 1 3-3222 MARCUS A. McKNIGHT, III DOUGLAS G. MILLER (7 1 71 249-2353 STEPHEN L. BLOOM FAX (7 1 71 249-6354 MATTHEW A. McKNIGHT WWW.IRW/NMCKN/GHT.COM February S, 2010 VIA FACSIMILE (717 240-6460 THE HONORABLE J. WESLEY OLER, JR. CUMBERLAND COUNTY COURTHOUSE ONE COURT'IOUSE SQUARE CARLISLE, PA 17013 RE: SPEESE v. CASSIANO Docket No.: 2009 - 0054, In Custody Dear Judge Oler: HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIM JR. (1954-1986) IRWIN, IRWIN &IRWIN (1956-1986) IRWIN, IRWIN & McKN/GHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNlGHT (2003-2008) You recently entered an Order of Court in the above-referenced matter scheduling a hearing for February 10, 2010, with regard to the contempt petition filed by Plaintiff. Unfortunately, Mr. Speese already has a hearing on a separate matter scheduled for that same date and time in Adams County. The Judge in the Adams County case has denied Mr. Speese's Motion for Continuance, therefore, we are currently requesting that this matter be rescheduled. As you may be aware, Mr. Speese has not had any visitation with his daughter since September, 19, 2009 and we are respectfully requesting that a new hearing date be scheduled at your earliest possible convenience. After speaking yesterday with Attorney Richard Wagner, legal counsel for the Defendant Leslie Cassiano, he does not have any objection to the continuance of this hearing. Very truly yours, IRWIN & McKNIGHT, P.C. ,~~ ~~~ Dougl G. Miller DGMads cc: P. Richard Wagner, Esquire John G. Speese FED"$~~ o . JOHN G. SPEECE PLAINTIFF V. LESLIE A. CASSIANO ST. JOHN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-54 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 02, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 31, 2010 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Dawn S. Sundays 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. ~~ ~,,. , o. ~_ Cumberland County Bar Association <, o ;:- $• ~ ' ~~ CQC-'~' C-o~ ehce,~ 32 South Bedford Street ~ a cam, .}-p ~ (,~~~,r. Carlisle, Pennsylvania 17013 Q + Telephone (717) 249-3166 ~ W ~,~ ,o_.. ,.._ ~ 3. ~D C6 ~ ~ ~ Swnd - - ~ .~. Q ~ ~ '~~ ~ JOHN G. SPEESE IN THE COURT OF COMMON PLEAS o ~ , PLAINTIFF CUMBERLAND COUNTY, PENNSYLV IA~ -~a rn ~ ~ V' 2009-54 CIVIL ACTION LAW ~~ -n "~- LESLIE A. CASSIANO ~ ~? .~ IN CUSTODY DEFF.,NDANT ORDER OF COURT AND NOW, Wednesday, September Ol, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and. their respective counsel appear before ..Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 07, 2010 at 2:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . 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. 1F 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 1701.3 Telephone (717) 249-3166 ~~jj ~~ w I Q~~/~~ o~ A-I~ P. I~,rl,,~~C.GJ~'~ ~~-I~ 1~. ~?~ L(~r~ ~~ua S'~"~~`)` JOHN G. SPEESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW LESLIE A. CASSIANO, Defendant N0.09-0054 CIVIL TERM ORDER OF COURT AND NOW, this 1St day of September, 2010, upon consideration of Plaintiff's Emergency Petition for Contempt, the Petition is referred to the custody conciliation process pursuant to Cumberland County Rule of Procedure 1915.12-1, and the Court Administrator is requested to facilitate this referral. PENDING the conciliation conference and further order, Defendant shall resume the weekend custody exchanges by delivering the minor child to Plaintiff on the next Friday following this Order at 6:00 p.m., and on alternating Fridays at 6:00 p.m. thereafter. BY THE COUR' Dou las G. Miller Es . g q 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Leslie A. Cassiano 5645 Creekview Drive Mechanicsburg, PA 17055 Defendant ,/IS~Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Court Administrator .- hC~,rt~ o~.~~~ 9 1. /,d icc~• ids ~t~ Q~jld esley 01~,1Jr., J. ~ '..~ ~ -a ,,.~ ;~ ~; , °~... . .cam a ~~ .b x ;~-~ ~~. G N SEP 10 Zolo JOHN G. SPEECE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-54 CIVIL ACTION LAW LESLIE A. CASSIANO ST. JOHN Defendant IN CUSTODY ORDER OF COURT AND NOW, this 16 tL day of Sc Of , 2010, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: A hearing is scheduled in Courtroom Number of the Cumberland County Courthouse on the day of ?? 2010 at at which time testimony will be taken. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. J. cc: ?D glas G. Miller, Esquire - Counsel for Father -17. Richard Wagner, Esquire - Counsel for Mother LL Col DES `' t- aI, Y o I C t -711D i'X7 rTj d7 :? -" "d :z m {- Y r? -? vC-) X ? o Dc _ -- - o c=x M C D BY THE COURT, r SER 0 JOHN G. SPEECE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LESLIE A. CASSIANO ST. JOHN Defendant Prior Judge: J. Wesley Oler, Jr. 2009-54 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Paige E. Speece May 13, 2008 Mother 2. A custody conciliation conference was held on September 7, 2010, with the following individuals in attendance: the Father, John G. Speece, with his counsel, Douglas G. Miller, Esquire, and the Mother, Leslie A. Cassiano St. John, with her counsel, P. Richard Wagner, Esquire. 3. There have been six custody conciliation conferences and two hearings in this matter since its inception in early 2009. The Child is only two years of age. This conciliation conference was initially scheduled on the Mother's Petition for Modification in which she seeks sole legal custody and a reduction in the Father's periods of custody to exclude overnights. The Father filed an Emergency petition subsequently which was referred to conciliation by the Court by Order dated September 1, 2010. Both matters were addressed at the present conciliation conference. 4. This Court has previously entered Orders in this matter on June 29, 2009, August 24, 2009, October 27, 2009 and April 29, 2010. The status of the existing custody schedule is that the Mother has primary physical custody and the Father has had a gradually increasing schedule of partial custody which was to proceed to alternating weekends from Friday through Sunday beginning on June 19, 2010. Only one overnight period of weekend custody was completed under the most recent Order and the Father has not had custody of the Child since mid-June. As indicated in the prior conciliation report dated October 8, 2009, without the ongoing involvement of trained neutral third parties, the conciliator believes it is unlikely that the parties will be able to sustain any type of ongoing custodial arrangements. While the Mother has requested the appointment of a Parent Coordinator, there was no agreement at the conference to arrange for either parent coordination, counseling or other type of ongoing third party involvement and it will be necessary to schedule a hearing on both parties' petitions. 5. The Mother's position on custody is as follows: The Mother stated that there is "zero reason" for overnight periods of partial custody under the circumstances. The Mother believes that the Child is in danger when in the Father's custody due to drug issues and bad judgment. The Mother expressed concern about bruises that the Child had upon return from her period of custody with the Father and the Mother had the Child tested by her pediatrician (blood test) for drugs which was positive for Benadryl. For these reasons, among others, the Mother requests that the Father be required to go to parenting counseling before having periods of custody in excess of eight hours to ensure that the Father understands and is able to fulfill his parenting role. The Mother also seeks full legal custody of the Child. The Mother requested that a Parent Coordinator be appointed to address problems as they arise between the parties but not on the Father's condition that she pay the full costs. 6. The Father's position on custody is as follows: The Father believes that the progression of the custody schedule was working well and the Mother was complying until it proceeded to alternating weekends. The Father indicated that when he was late in getting to the paternal grandparents' home for a modified exchange time, the Mother refused to leave the Child and left and then appeared for the next weekend period of custody but also left without making the Child available. The Father stated that the Mother has told him she will never allow him to have custody of the Child and the Father believes that the Mother is using the legal system to thwart his parental rights. The Father stated that he has not had custody of the Child since mid-June. The Father denies the Mother's allegations concerning dangerous conditions for the Child and objected to the Mother having a private investigator follow him during his one weekend period of custody. The Father noted (as did the Mother) that some of the conflict between the parties arises in connection with family members on both sides. The Father requests that the Mother be held in contempt for blatant refusal to comply with the existing Order and that the Mother pay his legal fees which are in excess of $4000.00 for enforcement of the Order. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the Mother's Petition for Modification and the Father's Petition for Contempt. It should be noted that the Court's most recent Order dated September 1, 2010 requires the Mother to resume the weekend custody exchanges on alternating Fridays through Sundays pending further Order. It is anticipated the hearing will require at least one-half day. 9 Date Dawn S. Sunday, Esquire Custody Conciliator Co "n JOHN G. SPEESE, : IN THE COURT OF COMMON P1S Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNV IAA r ' O V. - Q :CIVIL ACTION -LAW p :2009 -0054 CIVIL TERM.-. C- LESLIE A. CASSIANO, 1?- co C Defendant/Respondent. : IN CUSTODY "y PETITION FOR CONTEMPT AND NOW, this 10th day of December, 2010, comes the Plaintiff/Petitioner, JOHN G. SPEESE, by and through his attorneys, Irwin & McKnight, P.C., and presents the following additional Petition for Contempt, averring as follows: 1. The Petitioner is John G. Speese, an adult individual of 24 Brough Road, York Springs, Adams County, Pennsylvania 17372 (hereinafter "Father") 2. The Defendant is Leslie A. Cassiano, an adult individual whose previous address was noted as 5645 Creekview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, but who upon information and belief is currently residing in York County, Pennsylvania (hereinafter "Mother"). 3. The parties are the natural parents of one (1) daughter named Paige E. Speese, born May 13, 2008, and currently 2 years of age. 4. Following multiple Contempt Petitions, hearings, and request for modification, yet another Custody Conciliation Conference was held before Dawn S. Sunday, Esquire, on September 7, 2010. 5. A few days prior to that Conference, this Honorable Court issued an Order dated September 1, 2010, stating in pertinent part the following: PENDING the conciliation conference and further order, Defendant shall resume the weekend custody exchanges by delivering the minor child to Plaintiff on the next Friday following this Order at 6:00 p.m., and on alternating Fridays at 6:00 p.m. thereafter.y ckA 4AW 12-0- mss -qP A true and correct copy of the Order of Court dated September 1, 2010, is attached hereto and incorporated herein as Exhibit "A." 6. The parties were unable to resolve their differences at the Custody Conciliation Conference, and the parties were advised by the Conciliator that pursuant to the Order attached as Exhibit "A," Father's weekend periods of custody were to resume on Friday, September 10, 2010. A true and correct copy of the Custody Conciliation Summary Report filed by Dawn S. Sunday, Esquire, is attached hereto and incorporated herein as Exhibit "B." 7. Mother appeared approximately one (1) hour late for the scheduled exchange on September 10th, without leaving any message or notice to Father that she was going to be late. 8. Mother refused and failed to remove the minor child from the vehicle, and instead left the exchange without opening the car door to effectuate the custody exchange. 9. Mother has continuously ignored any and all Orders of Court in this matter, has invented numerous excuses and fabrications as to why she is not required to abide by the multiple Orders of Court, and has indicated that she will not allow Father to have any custody of the parties' daughter. 10. Father's legal counsel has made numerous telephone calls to and faxed multiple documents to Mother's legal counsel requesting that the visits resume as ordered by this Court. 11. Despite those efforts, however, Mother has failed to deliver the child to Father for any of the custody visits since the Order of September 1, 2010, attached as Exhibit "A." 12. In fact, Mother has not permitted Father to see his daughter for a regular weekend visit since the end of June 2010. 13. The truth is, for almost six (6) months, the only times that Father has seen his child is on the couple of occasions that Mother has arrived for a custody exchange, and then left without delivering the child to Father. 14. Father has been forced to incur thousands of dollars in legal fees seeking to be able assert partial physical custody rights. 2 15. In light of the above, Father again requests a finding of contempt against Mother for her actions in preventing the Father contact with his daughter and for her statements that she will continue to thwart his efforts at contact with his daughter. 16. The parties are currently scheduled for a hearing in this matter before the Honorable Judge J. Wesley Oler, Jr., on December 22, 2010. 17. Father further requests that he have physical custody of the minor child until the time of the scheduled hearing on December 22, 2010, and that he be granted significant custodial time with the minor child for the upcoming Christmas holiday. 18. It is believed that therefore averred that without such immediate intervention by this Court, Mother will continue and persist in preventing Father from seeing his daughter and establishing a relationship with her, and in ignoring the directives of this Court. 19. Mother's legal counsel was previously informed of the intent to file the instant Petition and he expressed his opposition thereto. WHEREFORE, Petitioner, John G. Speese, respectfully requests that this Honorable Court: a.) Find that the Respondent is in contempt of the various Orders of Court entered in this matter; b.) Direct that Respondent deliver the minor child to Petitioner in advance of the hearing scheduled for December 22, 2010, and grant Petitioner physical custody of the child until the time of the scheduled hearing; C.) Direct that Respondent deliver the minor child to Petitioner for a significant period of time for the Christmas holiday and such other and 3 further relief as directed by this Court prior to any further Order following the hearing scheduled for December 22, 2010; d.) Retain jurisdiction to ensure compliance by Respondent with the multiple Orders of this Court; and e.) Order the Respondent to pay the reasonable, yet extensive, attorneys' fees incurred by the Petitioner in the filing of his various contempt actions. Respectfully submitted, IRWIN & McKNIGHT, P.C. Dated: December 10, 2010 By: V, A&. Douglas G. iller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff/Petitioner, John G. Speese 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. i G.SPEESE , Date: 12/3/10 EXHIBIT "A" JOHN G. SPEESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESLIE A. CASSIANO, Defendant NO. 09-0054 CIVIL TERM ORDER OF COURT AND NOW, this I" day of September, 2010, upon consideration of Plaintiffs Emergency Petition for Contempt, the Petition is referred to the custody conciliation process pursuant to Cumberland County Rule of Procedure 1915.12-1, and the Court Administrator is requested to facilitate this referral. PENDING the conciliation conference and further order, Defendant shall resume the weekend custody exchanges by delivering the minor child to Plaintiff on the next Friday following this Order at 6:00 p.m., and on alternating Fridays at 6:00 p.m. thereafter. Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Leslie A. Cassiano 5645 Creekview Drive Mechanicsburg, PA 17055 Defendant /f'Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Court Administrator 911 A0 iQS ?i rr&C 4??lD BY THE COUR .-i 0 -o N L? EXHIBIT "B" SEP,10 JOHN G. SPEECE VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-54 CIVIL ACTION LAW LESLIE A. CASSIANO ST. JOHN Defendant Prior Judge: J. Wesley Oler, Jr. 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: follows: The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Paige E. Speece May 13, 2008 Mother 2. A custody conciliation conference was held on September 7, 2010, with the following individuals in attendance: the Father, John G. Speece, with his counsel, Douglas G. Miller, Esquire, and the Mother, Leslie A. Cassiano St. John, with her counsel, P. Richard Wagner, Esquire. 3. There have been six custody conciliation conferences and two hearings in this matter since its inception in early 2009. The Child is only two years of age. This conciliation conference was initially scheduled on the Mother's Petition for Modification in which she seeks sole legal custody and a reduction in the Father's periods of custody to exclude overnights. The Father filed an Emergency petition subsequently which was referred to conciliation by the Court by Order dated September 1, 2010. Both matters were addressed at the present conciliation conference. 4. This Court has previously entered Orders in this matter on June 29, 2009, August 24, 2009, October 27, 2009 and April 29, 2010. The status of the existing custody schedule is that the Mother has primary physical custody and the Father has had a gradually increasing schedule of partial custody which was to proceed to alternating weekends from Friday through Sunday beginning on June 19, 2010. Only one overnight period of weekend custody was completed under the most recent Order and the Father has not had custody of the Child since mid-June. As indicated in the prior conciliation report dated October 8, 2009, without the ongoing involvement of trained neutral third parties, the conciliator believes it is unlikely that the parties will be able to sustain any type of ongoing custodial arrangements. While the Mother has requested the appointment of a Parent Coordinator, there was no agreement at the conference to arrange for either parent coordination, counseling or other type of ongoing third party involvement and it will be necessary to schedule a hearing on both parties' petitions. 5. The Mother's position on custody is as follows: The Mother stated that there is "zero reason" for overnight periods of partial custody under the circumstances. The Mother believes that the Child is in danger when in the Father's custody due to drug issues and bad judgment. The Mother expressed concern about bruises that the Child had upon return from her period of custody with the Father and the Mother had the Child tested by her pediatrician (blood test) for drugs which was positive for Benadryl. For these reasons, among others, the Mother requests that the Father be required to go to parenting counseling before having periods of custody in excess of eight hours to ensure that the Father understands and is able to fulfill his parenting role. The Mother also seeks full legal custody of the Child. The Mother requested that a Parent Coordinator be appointed to address problems as they arise between the parties but not on the Father's condition that she pay the full costs. 6. The Father's position on custody is as follows: The Father believes that the progression of the custody schedule was working well and the Mother was complying until it proceeded to alternating weekends. The Father indicated that when he was late in getting to the paternal grandparents' home for a modified exchange time, the Mother refused to leave the Child and left and then appeared for the next weekend period of custody but also left without making the Child available. The Father stated that the Mother has told him she will never allow him to have custody of the Child and the Father believes that the Mother is using the legal system to thwart his parental rights. The Father stated that he has not had custody of the Child since mid-June. The Father denies the Mother's allegations concerning dangerous conditions for the Child and objected to the Mother having a private investigator follow him during his one weekend period of custody. The Father noted (as did the Mother) that some of the conflict between the parties arises in connection with family members on both sides. The Father requests that the Mother be held in contempt for blatant refusal to comply with the existing Order and that the Mother pay his legal fees which are in excess of $4000.00 for enforcement of the Order. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the Mother's Petition for Modification and the Father's Petition for Contempt. It should be noted that the Court's most recent Order dated September 1, 2010 requires the Mother to resume the weekend custody exchanges on alternating Fridays through Sundays pending further Order. It is anticipated the hearing will require at least one-half day. awl (7 Date Dawn S. Sunday, Esquire Custody Conciliator CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both by facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: P. RICHARD WAGNER, ESQUIRE 2233 NORTH FRONT STREET HARRISBURG, PA 17110 Date: December 10, 2009 IRWIN & McKNIGHT, P.C. 1 L Douglas G. filler, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner JOHN G. SPEESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESLIE A. CASSIANO, Defendant NO. 09-0054 CIVIL TERM ORDER OF COURT AND NOW, this 16`h day of December, 2010, upon consideration of Plaintiff s Petition for Contempt, a hearing is scheduled for Wednesday, December 22, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff ?P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant :rc l q/ 7/0 "-7? A p/ J. esley Oler, r., c? w r", c-? Xft r-- cz rn JOHN G. SPEECE, Plaintiff v LESLIE A. CASSIANO ST. JOHN, DEFENDANT IN THE COURT OF COMMON PLEAS OF .D CUMBERLAND COUNTY, PENNSYLVANIA 6 CIVIL ACTION - LAW 2009-0054 CIVIL D O TERM ?i IN CUSTODY p o ?a IN RE: RECORD TO REMAIN OPEN ORDER OF COURT AND NOW, this 22nd day of December, 2010, upon consideration of Plaintiff's four Petitions for Contempt and Defendant's Petition for Modification, and following a hearing held on this date, which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling an additional full day of hearing. At the time of adjournment on today's date the Court was receiving evidence on the issue of contempt; evidence on the issue of modification had not yet been received. Plaintiff had completed his case-in-chief on the issue of contempt, and had secured the admission of: Plaintiff's Exhibits 1, 2, 3, 4, 9, 10, 11, 12, and 13. Defendant was in the process of presenting her first witness on the issue of contempt -- herself -- and was being subjected to direct examination; she had secured the admission of Defendant's Exhibit 1. No other exhibits had been identified or admitted. Both counsel have requested that the stenographer transcribe and file the notes of testimony from today's proceeding. Pending further order of Court, the parties shall strictly abide by the existing custody order in this case dated April 29, 2010, as modified by an additional order entered on If If today's date. Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For Defendant :mae By the Court, -?d jPi? O Ito C1.6ki- P 10 a 4 JOHN G. SPEECE, Plaintiff v . LESLIE A. CASSIANO ST. JOHN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2009-0054 CIVIL TERM IN CUSTODY TI - w ? - ""I t n- ;!:73 71 Co L --A f..._P IN RE: COURT ORDER AMENDMENT ORDER OF COURT AND NOW, this 22nd day of December, 2010, pursuant to an agreement of counsel and the parties reached in open court, the Order of Court respecting custody in the above-captioned matter dated April 29, 2010, is amended by the addition of the following language: Transportation to facilitate the every-other-weekend periods of partial custody of father shall be provided by the maternal grandmother and paternal grandfather. The maternal grandmother shall deliver the child to the residence of the paternal grandfather on Friday evening at 6:00 p.m. of the every-other-weekend schedule, and the paternal grandfather shall return the child Sunday at 6:00 p.m. every other weekend to the home of the maternal grandmother. Delivery at the site shall be made only by the maternal grandmother or paternal grandfather, and no other family or extended family members shall be present at the pickup and/or delivery sites. By the Court, 'Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff /P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For Defendant NW JeJ Oop;?I :mae JOHN G. SPEESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESLIE A. CASSIANO, Defendant NO. 09-0054 CIVIL TERM IN RE: PLAINTIFF'S PETITIONS FOR CONTEMPT and DEFENDANT'S PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 11th day of January, 2011, a further period of hearing in the above matters is scheduled for Thursday, May 12, 2011, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 'Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant ies t"' i r < Ca { rn -?I Co :. 7 - 77- :rc JOHN G. SPEECE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 2009-0054 CIVIL TERM LESLIE A. CASSIANO =, ST. JOHN, -A CC =K --? Defendant IN CUSTODY m m rrti rat IN RE: RECORD TO REMAIN OPEN ORDER OF COURT = - 77 AND NOW, this 12th day of May, 2011, upon-' consideration of Plaintiff's four Petitions for Contempt and Defendant's Petition for Modification, and following a second day of hearing, which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling an additional full day of hearing. At the time of adjournment on today's date the Court was continuing to receive evidence on the issue of contempt; evidence on the issue of modification had not yet been received. Plaintiff had completed his case-in-chief on the issue of contempt, but Defendant had not yet completed her case-in-chief on that issue. On today's date Plaintiff introduced and secured the admission of Plaintiff's Exhibits 7, 14, 5, 6, and 15, and Defendant introduced and secured the admission of Defendant's Exhibits 2 and 3. Other exhibits had been introduced and admitted at the hearing on December 22, 2010, as indicated by an order entered on that date. No other exhibits have been identified or admitted. Both counsel have requested that the stenographer transcribe and file the notes of testimony from today's proceeding. Pending further order of Court, the parties shall strictly abide by the existing custody order in this case dated April 29, 2010, as modified by an additional order entered on December 22, 2010. /Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For Defendant M Copt 5I,3,,1 pleb mae By the Court, JOHN G. SPEECE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 2009-0054 CIVIL TERM -a =ri LESLIE A. CASSIANO - ?.. W ST. JOHN, Defendant IN CUSTODY rt ?r . --? i-' --J M ?n - 7? w -?® IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT = N) AND NOW, this 12th day of May, 2011, after adjournment of the hearing on today's date an issue concerning transportation arose for which the parties have entered the following agreement: A. The custody schedule as set forth by the Judge Oler on December 22nd, 2010, shall remain in full force and effect; and B. Transportation is agreed to be changed to provide that the paternal grandfather and paternal aunt shall travel to the maternal grandmother's home to pick up the child at 5:00 p.m. on Fridays, and the maternal grandfather and the stepfather of the child shall pick up the child from the father's home on Sunday at 6:00 p.m. All other provisions shall remain in force and effect. Further, the parties shall not be part of the pickup or delivery process. By the Court, Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For Defendant :mae 51 f oa JOHN G. SPEECE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA S v CIVIL ACTION - LAW 2009-0054 CIVIL TERM =? r? r LESLIE A. CASSIANO r- o ST. JOHN, DEFENDANT IN CUSTODY -v IN RE: PETITIONS FOR CONTEMPT/MODIFICATION OF CUSTCOY <,3 ORDER OF COURT AND NOW, this 15th day of September, 2011, upon consideration of Plaintiff's four Petitions for Contempt and of Defendant's Petition for Modification with respect to the parties' child, Paige E. Speece (date of birth, May 13, 2008), and following a hearing held on December 22, 2010, May 12, 2011, and September 13, 2011, the record is declared closed, and the matter is taken under advisement. ? Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiff P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For Defendant 01j/W :mae By the Court, 1 JOHN G. SPEESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW rn LESLIE A. CASSIANO -- ST. JOHN, : rn A Defendant : NO. 09-0054 CIVIL TERM Irv, b TIFF'S PETITIONS FOR CONTEMPT ante? IN RE: PLAIN DEFENDANT'S PETITION FOR MODIFICATION' = =`Y. ORDER OF COURT AND NOW, this 19'h day of September, 2011, upon consideration of Plaintiff's four Petitions for Contempt, and of Defendant's Petition for Modification, with respect to the parties' child, Paige E. Speece (d.o.b. May 13, 2008), and following a hearing held on December 22, 2010, May 12, 2011, and September 13, 2011, it is ordered and directed as follows: 1. Defendant is adjudicated in contempt and she is sanctioned to pay the sum of $2000 in attorney's fees to Plaintiff and to pay a fine in the amount of $500 to the use of the county; and 2. Plaintiff s request for modification is denied. ? Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff I/ P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant BY THE COURT, J, ,Wesley 0((;r,' Jr., J. Ff Cow' M?,? rc JOHN G. SPEESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW - :2009 -0054 CIVIL TERM c ri LESLIE A. CASSIANO, r`nw c Defendant/Respondent. : IN CUSTODY Z? cn r` -Orr, r o PRAECIPE TO ENTER JUDGMENT Da -a zCP c:= CA) 40 To David Buell, Prothonotary:' Kindly enter judgment in favor of the Plaintiff, John G. Speese, and against the Defendant, Leslie A. Cassiano, on the attached Order of Court dated September 19, 2011, rendered following hearings on Plaintiffs Petitions for Contempt, and no timely posttrial motions having been filed. Please assess judgment in favor of Plaintiff as follows: Amount of Judgment for attorney fees $2,000.00 Interest from 9/19/11 to 1/13/12 at statutory rate 38.14 TOTAL $2,038.14 IRWIN & McKNIGHT, P.C. Date: January 13, 2012 //JA Douglas G. iller; Esquire Supreme ourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED ON THE JU ME AS CATED. Date: JAt ?z, i y l 3 ?a /,2 w PRO ONOTARY ?d a5?j -5-0 ? 7 ?y 4,tr 4 y7ySe, CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the Praecipe to Enter Judgment and Assess Damages upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: P. RICHARD WAGNER, ESQUIRE 2233 NORTH FRONT STREET HARRISBURG, PA 17110 Date: January 13, 2012 IRWIN & McKNIGHT, P.C. Douglas G. M' er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff 2 JOHN G. SPEESE, , : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW r a `= :2009 -0054 CIVIL TERM -uz ?., --j -I =C LESLIE A. CASSIANO, rM+i Defendant/Respondent. : IN CUSTODY C'rr -?="' N CSC';' PETITION FOR CONTEMPT AND MODIFICATION :z r > w Wit= ..., AND NOW, this 28`h day of February, 2012, comes the Plaintiff/Petitioner, JOHN G SPEESE, by and through his attorneys, Irwin & McKnight, P.C., and presents the following Petition for Contempt and Modification, averring as follows: 1. The Petitioner is John G. Speese, an adult individual of 24 Brough Road, York Springs, Adams County, Pennsylvania 17372 (hereinafter "Father"). 2. The Defendant is Leslie A. Cassiano, now by marriage Leslie St. John, an adult individual whose address is 110 Hutton Road, New Cumberland, Pennsylvania 17070 (hereinafter "Mother"). 3. The parties are the natural parents of one (1) daughter named Paige E. Speese, born May 13., 2008, and currently 3 years of age. 4. This matter was last heard before the Honorable J. Wesley Oler, Jr., who issued an Order of Court dated September 19, 2011, adjudicating Mother in contempt and sanctioning her to pay $2,000.00 in attorney fees to Father and a fine of $500.00 to Cumberland County. 5. The September 2011 contempt Order was issued following multiple Contempt Petitions, hearings, a request for modification, and interim custody Orders. 6. To date, Mother has not paid either the attorney fees or the fine pursuant to the prior Order dated September 19, 2011. 7. Furthermore, Mother has unilaterally refused to exchange custody of the minor child on at least three (3) of Father's alternating weekends since the adjudication of contempt. *8aco PA ATr/ 0* r)4(o0 Q#01'71W 8. According to the Order of Court dated May 12, 2011, paternal grandfather and maternal grandfather are to provide the transportation for the custody exchanges, and neither party is to directly "be part of the pickup or delivery process." 9. In further violations of the existing Orders, Mother has been personally present for both exchange pickups and drop offs, and has personally prevented paternal grandfather from obtaining custody of the minor child. 10. On Father's alternating weekend that was to occur on Christmas weekend from December 23-25, 2011, Father offered to alter the schedule to permit Mother to have Christmas time with the minor child on the conditions that Father be given an extended weekend in January and that written proof of Mother's acceptance of the change be provided through her legal counsel. 11. Despite letters and phone calls to Mother's legal counsel, no such written proof was provided.. 12. Paternal grandfather drove to both maternal grandmother's home and Mother home on December 23, 2011, but no one answered the door at either residence and he was left with no alternative but to return without the child. 13. Father's subsequent requests for make-up time were ignored. 14. For Father's alternating weekend that was to occur on from February 3-5, 2012, Mother called in advance to say that the minor child had "pink eye." 15. Paternal grandfather thanked mother for providing the information but informed her that he would be present for the scheduled custody exchange on February 3rd at 5:00 p.m. 16. On February 3rd, paternal grandfather drove to maternal grandmother's residence, and upon arriving was told by maternal grandfather that the minor child had a "sore throat" and "ear infection" and was not available for the custody exchange. 17. Father is unable to verify whether the minor child was even sick. 2 18. After Father had previously had obtained medical records for his daughter, Mother unilaterally transferred daughter to another medical practice. 19. Mother has since failed and refused under oath and after written request to provide any treating physician information to Father or his legal counsel. 20. On Father's alternating weekend that was to occur on February 17-19, 2012, paternal grandfather drove to maternal grandmother's home to pick up the child. 21. No one greeted paternal grandfather or delivered the minor child to him, so he went to the front door of the residence. 22. Mother answered the door at her mother's home, and proceeded to tell paternal grandfather that the minor child was not cooperating and that the exchange would not occur. 23. Paternal grandfather waited some additional amount of time, but once again was left with no alternative but to return without the child. 24. Mother's legal counsel was contacted by telephone following the second consecutive weekend where the child was not delivered. 25. Attorney Wagner said he would contact his client, but no additional contact or information has been provided. 26. Mother has refused all requests for any make-up time for Father. 27. Despite already being adjudicated in contempt, Mother has refused to provide custody of the minor child to Father, unilaterally changed pediatricians and refused to provide Father with the new doctor's name or address, and refused to pay the sums ordered by this Court. 28. Father has already been forced to incur thousands of dollars in legal fees seeking to be able assert partial physical custody rights. 29. In light of the above, Father requests the following additional relief in this matter, without which he believes that Mother will continue to thwart his legal rights and efforts to maintain a relationship with his daughter: 3 a) An interim Order of Court in the form attached to this Petition, including provisions for mandatory make up periods of custody when the child is sick and enforcement of the terms custody exchanges by the appropriate law enforcement agency; b) A further finding of contempt against Mother, with further punishments including payment of additional attorney fees, costs, and expenses and incarceration; c) A modified, final Order providing Father with additional physical custody of the parties' minor daughter including extended alternating weekends, a specific holiday schedule, and two (2) non-consecutive weeks during the summer. 30. It is believed and therefore averred that without additional intervention by this Court, Mother will continue and persist in preventing Father from seeing his daughter and establishing a relationship with her, and in ignoring the directives of this Court. WHEREFORE, for the reasons set forth above, and as Defendant has already been adjudicated to be in contempt, Plaintiff respectfully requests that this Court impose sanctions as requested by Petitioner herein, together with such other and further relief as directed by this Court. Respectfully submitted, Dated: February 28, 2012 IRWIN & McKNIGHT, P.C. By: Douglas Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff/Petitioner, John G. Speese 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. /;/;Vz, '?)? fHN-G. SPEESE Date: 2/29/12 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both by facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: P. RICHARD WAGNER, ESQUIRE 2233 NORTH FRONT STREET HARRISBURG, PA 17110 Date: March 2, 2012 IRWIN & McKNIGHT, P.C. V Douglas G. iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner JOHN G. SPEESE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN J-15 2009-54 CIVIL ACTION LAW Co LESLIE A. CASSIANO F- IN CUSTODY a C DEFENDANT ORDER OF COURT AND NOW, Thursday, March 08, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 10, 2012 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/ Dawn S. Sunda 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 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 • ?(?• eqo? raid ?' A „ar ' C?/1? ma°,1 ? sue - Co„ai'?!v'?' JOHN G. SPEESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-54 CIVIL ACTION LAW LESLIE A. CASSIANO Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2. -day of 'V `fit 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall participate in four mandatory sessions of co-parenting counseling with Kasey Shienvold, or other professional selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties may attend additional sessions as recommended by the counselor. All costs of the counseling shall be shared equally between the parties. The parties shall contact the office of the co-parenting counselor within 10 days of the date of this Order to schedule the initial sessions. 2. The parties agree that Arnold Shienvold PhD. shall be appointed to serve as Parent Coordinator for the parties in accordance with the separate appointment Order entered on this date. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 8:00 p.m. C. Easter: In every year, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 8:00 p.m. D. Memorial Day/Labor Day: In the event Memorial Day or Labor Day falls immediately following the Father's alternating weekend period of custody, the Father shall retain custody of the Child through the Monday holiday at 6:00 p.m. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 10:00 a.m. until 6:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. G. In the event the Father's period of partial custody falls immediately preceding or following a period of holiday custody, the period of custody shall run continuously without interruption. 4. Each parent shall be entitled to have custody of the Child for vacation for two nonconsecutive weeks each summer upon providing at least 30 days advance written notice to the other parent. The parties shall schedule their vacation weeks under this provision to run for up to seven consecutive days including that parent's regular alternating weekend period. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. In the event either party intends to remove the Child from his or her residence for an overnight period or longer for vacation, that parent shall notify the other parent in advance in writing of the address and telephone number where the Child can be contacted. 5. The regular alternating weekend custody schedule shall be adjusted so that the Mother shall have custody from June 22 through June 24, 2012, which would have been the Father's weekend period of custody, and the Father shall have custody from June 15 through June 17, 2012 which would otherwise have been the Mother's weekend period of custody. 6. In the event the Child is not made available for a period of weekend partial physical custody, the Father shall have a makeup period of custody on the immediately following weekend unless agreed otherwise or determined otherwise by the Parent Coordinator. 7. 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 agreement in writing. In the absence of written agreement otherwise, the terms of this Order shall control. B Thomas A. Placey Common Pleas Judge cc: ? Douglas G. Miller Esquire -Counsel for Father P. Richard Wagner Esquire - Counsel for Mother It' 3a ? ? --; '71 47 -- . JOHN G. SPEESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-54 CIVIL ACTION LAW LESLIE A. CASSIANO Defendant IN CUSTODY Prior Judge: J. Wesley Oler Jr. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Paige E. Speese May 13, 2008 Mother 2. A custody conciliation conference was held on April 24, 2012, with the following individuals in attendance: the Father, John G. Speese, with his counsel, Douglas G. Miller Esquire, and the Mother, Leslie A. St. John, formerly Cassiano, with her counsel, P. Richard Wagner Esquire. 3. The Father filed a Petition for Contempt and Modification indicating that the Mother had not paid the fine of $500.00 to Cumberland County, nor the $2000.00 in attorney fees to the Father's counsel as ordered by Judge Oler on September 19, 2011 following a hearing in which the Mother was found to be in contempt of the current Custody Order. The Mother paid the $2000.00 charge for fees to the office of the Father's counsel at the time of the conciliation conference and immediately following the conference provided the conciliator with a check to the Cumberland County Prothonotary in the amount of $500.00 in payment of the fine assessed by Judge Oler, which check is being forwarded to the Court with this report and proposed Order. 3. The parties agreed to entry of an Order in the form as attached. d 5. ao ?a- - Date Dawn S. Sunday, Esquire Custody Conciliator N JOHN G. SPEESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-54 CIVIL ACTION LAW LESLIE A. CASSIANO Defendant IN CUSTODY Prior Judge: J. Wesley Oler Jr. ORDER OF COURT AND NOW this 2, - day of , 2012, upon _PA41 consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Arnold T. Shienvold PhD. is hereby appointed as Parent Coordinator for the parties for a term of six months from the date of this Order, or until the resignation of the Parent Coordinator or termination of the appointment by the Court, whichever first occurs. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination shall be equally divided between the parties, subject to reallocation by the Court in the event the Court determines such a reallocation is appropriate under the circumstances. 2. The Parent Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education. If it is apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the parenting, the Parent Coordinator shall have the authority to resolve the dispute by providing a decision for the parties on the following issues: 3. The Parent Coordinator's role and authority shall not include the following: A. A change in legal custody decision making authority; B. A change in primary physical custody; C. A change in the partial custody schedule that substantially reduces or expands the Child's time one or both parties; D. Relocation of the Child's residence which would render implementation of the current Custody Order impossible or impracticable; E. Determination of financial issues. 4. Prior to the Parent Coordinator making a decision or recommendation, the Parent Coordinator shall provide a notice and opportunity for each of the parties to be heard either in person or by other means as determined by the Parent Coordinator, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and or the Child. In the event a parent is given advance written notice of a session with the Parent Coordinator but does not attend or otherwise make arrangements to participate, the Parent Coordinator may make a decision despite that parent's absence. 5. The Parent Coordinator's decisions may be communicated to the parties orally, but shall be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above- captioned Custody Docket. Any communication from the Parent Coordinator to the Court shall be copied to the parties, or if represented, counsel. 6. The Parent Coordinator's decisions shall be binding upon the parties unless and until revised by Court Order. 7. Each party retains the right to petition the Court with regard to the conduct of the other party and any recommendations/decisions made by the Parent Coordinator. The parties shall have the right to rely upon recommendations/decisions made by the Parent Coordinator until such time as the Court enters any subsequent Order, with or without a hearing, regarding any issue raised by the parties. 8. Prior to filing any new motion, petition or complaint with the Court involving non- emergency custody or parenting of the Child within the scope of the Parent Coordinator's authority, the parties shall participate in at least two sessions with the Parent Coordinator to attempt resolution of the specified disputed issues. 9. Each party shall provide the Parent Coordinator with all information that the Parent Coordinator requests, including signed HIPAA releases and other forms requested. The Parent Coordinator is authorized to contact any professional or other individual (e.g. the Child, therapists, physicians, child care providers, teachers, family members, etc.) as the Parent Coordinator deems necessary. 10. The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Child), and whether the sessions will be conducted in person or by other means. 11. The Parent Coordinator may communicate with any party or their attorney in writing or verbally, if necessary, and shall advise all parties/attorneys of any such communications. Any party or attorney may communicate in writing with the Parent Coordinator for the Child, provided that copies are provided to the other party or counsel simultaneously. Any communications between the parents, the parents' attorneys, and the Parent Coordinator shall not be deemed confidential, but shall be admissible in evidence at any proceeding held before the Court, subject to the Pennsylvania Rules of Evidence. 12. In accordance with Pa. R.Civ.P. §1915.17, the Court appointed Parent Coordinator is an officer of the Court, and has quasi-judicial immunity. 13. The Parent Coordinator cannot be compelled to testify in any proceeding absent a Court Order. 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. By the Court: Thomas A. Placey cc: Douglas G. Miller Esquire - Counsel for Father Common Pleas Judge P. Richard Wagner Esquire - Counsel for Mother `' Arnold T. Shienvold PhD. - Parent Coordinator &p; Es ,wz. led s/af/a- - k : ? -G N S' <= .1> C7 :z C ; ---t L.J JOHN G. SPEESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : 2009 - 54 CIVIL TERM z LESLIE A. CASSIANO, Defendant. : IN CUSTODY d. C7 <' CD -? _ PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the following Verification to the Plaintiffs Petition for Emergency Special Relief which was filed in the above-captioned matter December 14, 2012. Respectfully submitted, By: I.D. No: 83776 Supreme gourt 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Attorney for Petitioner IRWIN & McKNIGHT, P.C. Douglas Miller,l±squire Date: December 20, 2012 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. G. SPEESE Date: 12/14/12 JOHN G. SPEESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : 2009 - 54 CIVIL TERM LESLIE A. CASSIANO, Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Praecipe was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: P. RICHARD WAGNER, ESQUIRE 2233 NORTH FRONT STREET HARRISBURG, PA 17110 IRWIN & McKNIGHT, P.C. k,t?h Zak Douglas G. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: December 20, 2012 : IN THE COURT OF COMMON PLEAS OF JOHN G. SPEESE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner, : : CIVIL ACTION - LAW V. :2009 -0054 CIVIL TERM LESLIE A. CASSIANO, C-- Y, Defendant/Respondent. : IN CUSTODY 1 rn r ` " ,10 --- A_1 PRAECIPE T O SATISFY JUDGMENT T -7 71 r TO THE PROTHONOTARY: Please mark the judgment entered on January 13, 2012 and related to the order of Court dated September 19, 2011, as paid in full and satisfied by Defendant. Date: February 13, 2013 Respectfully submitted, IRWIN & McKNIGHT, P.C. By: /UWA Doug Is G. filler, Esquire Supreme Court FID 483776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff JOHN G. SPEESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA acbq-5? vs. -2600=5- CIVIL ACTION LAW LESLIE A. CASSIANO -- Defendant IN CUSTODY -' -- _: L,J ORDER AND NOW, this 131h day of February, 2013 , the conciliator, having held a custody conciliation conference in this matter on February 11, 2013 and having had communications with Judge Placey related to the conciliation conference due to the fact that this matter had been scheduled for hearing on other issues for February 13, and having been advised by the Court to relinquish jurisdiction without further need for a report and recommended order, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator JOHN SPEESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2009-0054 LESLIE CASSIANO, Defendant IN CUSTODY IN RE: PETITION FOR EMERGENCY SPECIAL RELIEF ORDER OF COURT AND NOW, this 13th day of February, 2013, upon consideration of the Petition for Emergency Special Relief, specifically on the request for contempt of court for Mother's alleged failure to keep to the holiday schedule of the May 2nd, 2012, custody order, mother is adjudicated in contempt and is fined $500. Following discussion with parties counsel, the following amendments to the May 2nd, 2012, custody order are entered: 1. Paige shall continue attend counselling. She may remain with the current counsellor for therapy. 2. If the parties are unable to agree upon a new counsellor for Paige, the Court will designate a counsellor. 3. If there is no agreement for the new counsellor, the attorneys shall file a motion for appointment of child counsellor within 15 days of today's data along with a submission containing his or her choice of counsellor and each proposed counsellor's resume, hourly rate, insurance coverage, program methodology, and scheduling availability. The Court will select one of those choices for Paige to attend. 4, The new counsellor is to meet with Paige only and is to determine if there is any reason why not to resume the custody schedule as set in the May 2nd, 2012, order. The new counsellor may consult with the old counsellor. 5. Nightly, the custodial parent shall place a call to a designated telephone number of the other parent one half hour prior to Paige's scheduled bedtime but no later than 7:30 p.m. 6. The sole purpose of this call is to allow Paige to say goodnight to the noncustodial parent and it is not a time for discussion between the parties concerning custody or any other matter. It is simply to be used as a goodnight phone call between child and noncustodial parent. 7. If the nightly phone call results in an answering machine pickup, the custodial parent shall encourage Paige to leave a goodnight message. 8. Custodial exchanges shall be at the police entrance to the Upper Allen Township Municipal Building, unless otherwise agreed to by the parties in writing. 9. The order for a parent coordinator is to be reinstated. However, the decision on who this shall be is reserved for 15 days for the parties to determine if they can stay with Dr. Shienvold or in the alternative Melissa Peel Greevy. 10. If there is no agreement, the Court shall select one of these choices for the parents to attend upon motion to the Court that an appointment of specific parent coordinator needs to be made. 11. If neither is available, then use the format in paragraph 3 to let the Court select. 12. The Court is reserving judgment in awarding attorney's fees in this matter in part to see the speed at which the custody schedule is resumed. The Court is adamant that both parents be actively involved in Paige's life to the best of their ability and further stresses that time with the child is equally important to both parents and should not be taken away by anyone but the Court. 13. Each parent shall be entitled to equal access to Paige's school, medical, dental, and other important records. 14. As soon as practical after the receipt by a party, copies of Paige's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each parent shall notify the other party of any medical, dental, optical, and other appointments of Paige with health care providers, within 12 hours of scheduling the appointment, so that the other party can attend. 15. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Paige's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning Paige's progress and welfare. Such a release or authorization shall be executed within ten (10) days of any written request by any other party or their counsel. 16. Notwithstanding that both parents share legal custody, non-major decisions involving Paige's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 17. Both parents shall maintain an active electronic mail "email" account for the use of the other parent and school to share and convey information regarding Paige's schedule, school notifications, and the like. Both parents shall review messages in the email account on a daily basis and respond to any requests within twenty-four (24) hours, if a response is requested or required. Each parent will maintain a file of true and correct copies of all electronic communication, either electronically or in paper form. By the Court Thomas A. P acey, C.P.J. Douglas G. Miller, Esquire For the Plaintiff V John J. Connelly, Jr., Esquire For the Defendant :mlc ° i ;. cm - a _.i John J. Connelly,Jr.,Esquire t+t --o Attorney I.D.No. 15615 ';;0 Courtney Kishel Powell,Esquire ;_. L Attorney I.D.No. 81509 r James Smith Dietterick&Connelly,LLP P.O.Box 650 Hershey,PA 17033 'a= Attorneys for Defendant F JOHN G. SPEESE, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-0054 LESLIE A. CASSIANO, n/k/a LESLIE A. ST. JOHN, : CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY DEFENDANT'S PETITION FOR CONTEMPT PURSUANT TO Pa.R.C.P.No. 1915.12 AND NOW, comes the Defendant/Petitioner, Leslie A. Cassiano, n/k/a Leslie St. John, by and through her attorneys, John J. Connelly, Jr., Esquire, Courtney Kishel Powell, Esquire, and the law firm of James, Smith, Dietterick& Connelly, LLP and files the following Petition for Contempt, and in support thereof avers the following: 1. Petitioner is Leslie A. Cassiano, n/k/a Leslie St. John, Defendant in the above- referenced action. 2. Respondent is John G. Speese, Plaintiff in the above-referenced action. 3. The parties are the parents of one(1)minor child,namely, Paige E. Speese,born May 13, 2008. 4. The parties have been operating under a custody order dated May 2, 2012, which was recently amended by an Order dated February 13,2013 in that, a. Paige was appointed a new child counselor for the purposes of determining whether the custody schedule outlined in the May 2, 2012 Order should resume; b. A parent coordinator was reinstated to work with the parties,but the identity of the parent coordinator was not determined; C. The custodial parent(Petitioner)was ordered to place a nightly telephone call to the noncustodial parent(Respondent) so that Paige could say goodnight; d. The location for the custodial exchanges were changed to the Upper Allen Township Municipal Building; e. Each parent had to maintain an active e-mail account so that they can communicate with each other regarding Paige's schedule, school notifications and the like. A true and correct copy of the Order dated May 2, 2012,is attached hereto and marked as Exhibit"A", and a copy of the February 13,2013 Order is attached as Exhibit «B„ 5. On May 8, 2013,Your Honor issued an Order reinstating the appointment of Dr. Shienvold as the parent coordinator. A true and correct copy of that order is attached hereto and marked as Exhibit"C". 6. A subsequent Order dated March 13, 2013 was entered directing the parties to comply with the Orders of February 13, 2013 and March 8,2013. 2 7. Respondent has willfully failed to comply with this Court's Order of May 2, 2012, February 13, 2013, March 8,2013 and March 13, 2013 in that he has failed to contact the office of Arnold T. Shienvold,Ph.D. to schedule an appointment for the parent coordinator sessions. a. Paragraph 1,of the May 2, 2012 Order states, "Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency." b. Dr. Shienvold was reintstated as the parent coordinator on March 8, 2013. c. Petitioner contacted Dr. Shienvold's office on March 12,2013 to advise of her availability. A true and correct copy of Petitioner's e-mail is attached hereto and marked as Exhibit"D". d. On On March 13,2013,Petitioner's counsel sent Dr. Shienvold a letter notifying him of his reappointment, and enclosing a copy of this Court's Order dated March 8, 2013. e. In the letter, a copy of which was sent to Respondent's counsel, Dr. Shienvold was asked to contact counsel if he did not hear from the parties to schedule an appointment within a reasonable period of time. A true and correct copy of the letter dated March 13, 2013 is attached hereto and marked as Exhibit"E". f. To date,Respondent has not contacted Dr. Shienvold's office to schedule an appointment. A copy of the letter from Dr. Shienvold's office is attached hereto as Exhibit"F". 3 8. Respondent has willfully failed to comply with this Court's Order of February 13, 2013,in that he has failed to secure and maintain email account so that the parties can communicate. a. Paragraph 17 of the Order dated Februrary 13, 2013 states in part, Both parents shall maintain an active electronic mail"email" account for the use of the other parent and school to share and convey information regarding Paige's schedule, school notifications, and the like. b. In a letter dated February 26, 2013, Petitioner, through her counsel,provided her e-mail address. In that correspondence, Respondent's counsel was asked to provide Respondent's e- mail address. A copy of Petitioner's counsel's letter dated February 26, 2013 is attached hereto as Exhibit"G". c. To date,neither Respondent nor his counsel has provide Petitioner with an e-mail address by which they can communicate about Paige. d. Respondent's counsel advised Petitioner's counsel that Respondent did not have an e-mail address, nor did he have a computer. A copy of Respondent's counsel's letter dated March 20, 2013 is attached hereto as Exhibit"H". e. Respondent can use a computer at the public library free of charge. 4 9. Respondent has willfully failed to comply with this Court's Order of February 13, 2013,in that he has failed to talk to Paige during any of the nightly telephone calls. a. Paragraph 5 through 7 of the February 13, 2013 Order provides that the custodial parent (Petitioner) shall place a call to the noncustodial party's designated telephone number so that Paige could say goodnight everynight no later than 7:30 p.m. b. The designated number given to Petitioner in Court on February 13, 2013 was 717-528-4057. c. Since February 13, 2013, Petitioner has called the designated telephone every night; however, Respondent has failed to participate in any telephone calls. d. Moreover, on March 19, 2013, Respondent's mother called Petitioner and told Petitioner not to call her home any more, or she would call the police and charge her with Harassment. e. Since March 19, 2013, Petitioner's telephone number has been blocked and she cannot get through to the designated number. f. On March 20, 2013, Petitioner's counsel wrote to Respondent's counsel and informed him about the telephone call from Respondent's mother, advised that Petitioner was unable to get through, and requested an alternate number so that the telephone calls could be placed to Respondent. (See Exhibit"I") g. Respondent's counsel advised via e-mail that Respondent does not have another number. (See Exhibit"H"). 5 h. To date,Petitioner continues to place the nightly telephone calls at the designated telephone number and cannot get through because her calls have been blocked. 10. Petitioner has incurred counsel fees in excess of$1,500.00,as a result of Respondent's failure to comply with the May 2,2012, February 13,2013,March 8,2013 and March 13,2013 Orders. 11. It is believed and therefore averred that if this matter is scheduled before a custody conciliator and further court proceedings,Petitioner will incur additional counsel fees, costs and expenses. 12. Respondent's conduct is obdurate,vexatious, and done in bad faith. 13. Respondent's willful disregard of these Court Orders is sanctionable conduct, pursuant to 23 Pa.C.S. §5339. 14. Petitioner respectfully requests Your Honor order Respondent to pay Petitioner's counsel fees, costs and expenses as she has incurred as a direct result of Respondent's failure to comply with the May 2 2012 February 13 2013 March 8 2013 and March 13 2013 Orders. PY Y � ary � � a , WHEREFORE,for the foregoing reasons,Petitioner respectfully requests this Honorable Court to hold Respondent in contempt of the May 2,2012, February 13, 2013,March 8,2013 and March 13,2013 Orders. In addition,Petitioner respectfully requests this Honorable Court to Order 6 Respondent to pay Petitioner's counsel fees that she has incurred as a direct result of Respondent's failure to comply with these Orders. Respectfully submitted, JAMES, SMITH,DIETTERICK & CONNELLY,LLP Dated: , 2013 By: .- John J. C n 1Attorney Courtney Kishel Powell Attorney I.D. #81509 P.O. Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Leslie A. Cassiano n/k/a Leslie A. St. John 7 EXHIBIT "A" JOHN G. SPEESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-54 CIVIL ACTION LAW LESLIE A. CASSIANO Defendant IN CUSTODY Prior Judge:J. Wesley Oler Jr. ORDER OF COURT AND NOW, this •-� y da of J/1 2412 upon � , consideration of the attached Custody Conciliation Report,it is ordered and directed as follows: 1. Arnold T. Shienvold PhD. is hereby appointed as Parent Coordinator for the parties for a term of six months from the date of this Order, or until the resignation of the Parent Coordinator or termination of the appointment by the Court, whichever first occurs. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination shall be equally divided between the parties, subject to reallocation by the Court in the event the Court determines such a reallocation is appropriate under the circumstances. 2. The Parent Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education. If it is apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the parenting, the Parent Coordinator shall have the authority to resolve the dispute by providing a decision for the parties on the following issues: 3. The Parent Coordinator's role and authority shall not include the following: A. A change in legal custody decision making authority; B. A change in primary physical custody; C. A change in the partial custody schedule that substantially reduces or expands the Child's time one or both parties; D. Relocation of the Child's residence which would render implementation of the current Custody Order impossible or impracticable; E. Determination of financial issues. 4. Prior to the Parent Coordinator making a decision or recommendation, the Parent Coordinator shall provide a notice and opportunity for each of the parties to be heard either in person or by other means as determined by the Parent Coordinator, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and or the Child. In the event a parent is given advance written notice of a session with the Parent Coordinator but does not attend or otherwise make arrangements to participate, the Parent Coordinator may make a decision despite that parent's absence. 5. The Parent Coordinator's decisions may be communicated to the parties orally, but shall be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above- captioned Custody Docket. Any communication from the Parent Coordinator to the Court shall be copied to the parties,or if represented,counsel. 6. The Parent Coordinator's decisions shall be binding upon the parties unless and until revised by Court Order. 7. Each party retains the right to petition the Court with regard to the conduct of the other party and any recommendations/decisions made by the Parent Coordinator. The parties shall have the right to rely upon recommendations/decisions made by the Parent Coordinator until such time as the Court enters any subsequent Order,with or without a hearing,regarding any issue raised by the parties. 8. Prior to filing any new motion, petition or complaint with the Court involving non- emergency custody or parenting of the Child within the scope of the Parent Coordinator's authority, the parties shall participate in at least two sessions with the Parent Coordinator to attempt resolution of the specified disputed issues. 9. Each party shall provide the Parent Coordinator with all information that the Parent Coordinator requests, including signed HIPAA releases and other forms requested. The Parent Coordinator is authorized to contact any professional or other individual (e.g. the Child, therapists, physicians, child care providers, teachers, family members, etc.) as the Parent Coordinator deems necessary. 10. The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Child), and whether the sessions will be conducted in person or by other means. 11. The Parent Coordinator may communicate with any party or their attorney in writing or verbally, if necessary, and shall advise all parties/attorneys of any such communications. Any party or attorney may communicate in writing with the Parent Coordinator for the Child, provided that copies are provided to the other party or counsel simultaneously. Any communications between the parents, the parents' attorneys, and the Parent Coordinator shall not be deemed confidential, but shall be admissible in evidence at any proceeding held before the Court, subject to the Pennsylvania Rules of Evidence. 12. In accordance with Pa. R.Civ.P. §1915.17, the Court appointed Parent Coordinator is an officer of the Court, and has quasi-judicial immunity. 13. The Parent Coordinator cannot be compelled to testify in any proceeding absent a Court Order, 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. By the Court: Thomas A. Placey cc: ✓Douglas G. Miller Esquire—Counsel for Father Common Pleas Judge P. Richard Wagner Esquire—Counsel for Mother Arnold T. Shienvold PhD. —Parent Coordinator &p;es ma. Ird S/,Pha � d r� a--- �� rn-- r- -'c -Orr, D � f�- N --4 cD D Q c's ]s JOHN G. SPEESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-54 CIVIL ACTION LAW LESLIE A. CASSIANO Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of "O[ 2012, upon consideration of the attached Custody Conciliation Report,it is ordered and directed as follows: 1. The parties shall participate in four mandatory sessions of co-parenting counseling with K.asey Shienvold, or other professional selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties may attend additional sessions as recommended by the counselor. All costs of the counseling shall be shared equally between the parties. The parties shall contact the office of the co-parenting counselor within 10 days of the date of this Order to schedule the initial sessions. 2. The parties agree that Arnold Shienvold PhD. shall be appointed to serve as Parent Coordinator for the parties in accordance with the separate appointment Order entered on this date. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A,which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years,the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 8:00 p.m. C. Easter: In every year,the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m.until 3:00 p.m. and the Father shall have custody from 3:00 p.m.until 8:00 p.m. D. Memorial Dav/Labor Day: In the event Memorial Day or Labor Day falls immediately following the Father's alternating weekend period of custody, the Father shall retain custody of the Child through the Monday holiday at 6:00 p.m. E. Mother's DU/Father's DaY: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 10:00 a.m. until 6:00 p.m. . .. . . ...... ...... i F. The holiday custody schedule shalt supersede and take precedence over the regular custody schedule. G. In the event the Father's period of partial custody falls immediately preceding or following a period of holiday custody, the period of custody shall run continuously without interruption. 4. Each parent shall be entitled to have custody of the Child for vacation for two nonconsecutive weeks each summer upon providing at least 30 days advance written notice to the other parent. The parties shall schedule their vacation weeks under this provision to run for up to seven consecutive days including that parent's regular alternating weekend period. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. In the event either party intends to remove the Child from his or her residence for an overnight period or longer for vacation, that parent shall notify the other parent in advance in writing of the address and telephone number where the Child can be contacted. 5. The regular alternating weekend custody schedule shall be adjusted so that the Mother shall have custody from June 22 through June 24, 2012, which would have been the Father's weekend period of custody, and the Father shall have custody from June 15 through June 17, 2012 which would otherwise have been the Mother's weekend period of custody. 6. In the event the Child is not made available for a period of weekend partial physical custody, the Father shall have a makeup period of custody on the immediately following weekend unless agreed otherwise or determined otherwise by the Parent Coordinator. 7. 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 agreement in writing. In the absence of written agreement otherwise,the terms of this Order shall control. BY THE COT TR T Thofiia6 A. Placey cc: ✓Douglas G. Miller Esquire—Counsel for Father Common Pleas Judge P. Richard Wagner Esquire—Counsel for Mother r rn F s� iC:1 -.. 5;C: Q a JOHN G. SPEESE IN THE COURT OF COMMON PLEAS 0F Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-54 CIVIL ACTION LAW LESLIE A. CASSIANO Defendant IN CUSTODY Prior Judge: J. Wesley Oler Jr. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Paige E. Speese May 13,2008 Mother 2. A custody conciliation conference was held on April 24, 2012, with the following individuals in attendance: the Father, John G. Speese, with his counsel, Douglas G. Miller Esquire, and the Mother, Leslie A. St. John,formerly Cassiano, with her counsel,P.Richard Wagner Esquire. 3. The Father filed a Petition for Contempt and Modification indicating that the Mother had not paid the fine of$500.00 to Cumberland County, nor the $2000.00 in attorney fees to the Father's counsel as ordered by Judge Oler on September 19, 2011 following a hearing in which the Mother was found to be in contempt of the current Custody Order. The Mother paid the $2000.00 charge for fees to the office of the Father's counsel at the time of the conciliation conference and immediately following the conference provided the conciliator with a check to the Cumberland County Prothonotary in the amount of$500.00 in payment of the fine assessed by Judge Oler, which check is being forwarded to the Court with this report and proposed Order. 3. The parties agreed to entry of an Order in the form as attached. "7- ZQ, Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT "B" d JOHN SPEESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2009-0054 LESLIE CASSIANO, Defendant IN CUSTODY IN RE: PETITION FOR EMERGENCY SPECIAL RELIEF ORDER OF COURT AND NOW, this 13th day of February, 2013, upon consideration of the Petition for Emergency Special Relief, specifically on the request for contempt of court for Mother's alleged failure to keep to the holiday schedule of the May 2nd, 2012, custody order, mother is adjudicated in contempt and is fined $500. Following discussion with parties counsel, the following amendments to the May 2nd, 2012, custody order are entered: 1. Paige shall continue attend counselling. She may remain with the current counsellor for therapy. 2 . If the parties are unable to agree upon a new counsellor for Paige, the Court will designate a counsellor. 3. If there is no agreement for the new counsellor, the attorneys shall file a motion for appointment of child counsellor within 15 days of today's data along with a submission containing his or her choice of counsellor and each proposed counsellor's resume, hourly rate, insurance coverage, program methodology, and scheduling availability. The Court will select one of those choices for Paige to attend. 4, The new counsellor is to meet with Paige only and is to determine if there is any reason why not to resume the custody schedule as set in the May 2nd, 2012, order. The new counsellor may consult with the old counsellor. S. Nightly, the custodial parent shall place a call to a designated telephone number of the other parent one half hour prior to Paige's scheduled bedtime but no later than 7:30 p.m. 6. The sole purpose of this call is to allow Paige to say goodnight to the noncustodial parent and it is not a time- for discussion between the parties concerning custody or any other matter. It is simply to be used as a goodnight phone call between child and noncustodial parent. 7. If the nightly phone call results in an answering machine pickup, the custodial parent shall encourage Paige to leave a goodnight message. 8 . Custodial exchanges shall be at the police entrance to the Upper Allen Township Municipal Building, unless otherwise agreed to by the parties in writing. 9. The order for a parent coordinator is to be reinstated. However, the decision on who this shall be is reserved for 15 days for the parties to determine if they can stay with Dr. Shienvold or in the alternative Melissa Peel Greevy. 10. If there is no agreement, the Court shall select one of these choices for the parents to attend upon motion to the Court that an appointment of specific parent coordinator needs to be made. 11. If neither is available, then use the format in paragraph 3 to let the Court select. 12. The Court is reserving judgment in awarding attorney' s -fees in this matter in part to see the speed at which the custody schedule is resumed. The Court is adamant that both parents be actively involved in Paige's life to the best of their ability and further stresses that time with the child is equally important to both parents and should not be taken away by anyone but the Court. 13. Each parent shall be entitled to equal access to Paige's school, medical, dental, and other important records. 14 . As soon as practical after the receipt by a party, copies of Paige' s school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each parent shall notify the other party of any medical, dental, o-otical, and other appointments of Paige with health care providers, within 12 hours of scheduling the appointment, so that the other party can attend. 15. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Paige's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning Paige ' s progress and welfare. Such a release or authorization shall be executed within ten (10) days of any written request by any other party or their counsel. 18. Notwithstanding that both parents share legal custody, non-major decisions involving Paige's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 17. Both parents shall maintain an active electronic mail "email" account for the use of the other parent and school to share and convey information regarding Paige's schedule, school notifications, and the like. Both parents shall review messages in the email account on a daily basis and respond to any requests within twenty-four (24) hours, if a response is requested or required. Each parent will maintain a file of true and correct copies of all electronic communication, either electronically or in paper form. By the Court_,__ Thomas A. Placey, C.P.J. Douglas G. Miller, Esquire For the Plaintiff John J. Connelly, Jr. , Esquire For the Defendant f�6 :mlc fn co co d --� 4 TRUE COPY FROIM RECORD in Testimony where,,, I here unto set my hand and the seat of said(;p Carlisle, Pa. This_Q:2-day of 20 _ Prothonotary EXHIBIT "C" JOHN G. SPEESE, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2009-0054 rn _I LESLIE A. CASSIANO,nWa zp �;o ; LESLIE A. ST.JOHN, : CIVIL ACTION-LAW -<> m CD Defendant/Petitioner : IN CUSTODY �rr� T c zo >C ORDER cn , �^ AND NOW,this day of L ,2013, after considerin g this Petition fora new Child Counselor and Parenting Coordinator,it is hereby ORDERED and DECREED that Melinda Eash,M.S.,of Riegler, Shienvold&Associates, shall serve as the child's new counselor in addition to Steffi Devine. Ms.Eash is ordered to meet with the child to determine whether the custody schedule as set forth in the May 2,2012 Order can resume. Ms.Eash may consult with Steffi Devine,or any other counselor,if she deems it appropriate in order to make her determination. It is further ORDERED that Arnold T.Shienvold,Ph.D.,of Riegler, Shienvold& Associates, shall be reinstated as the Parenting Coordinator in this matter and shall serve until further Order of Court. All out of pocket expenses for Melinda Eash,M.S.and Dr. Shienvold shall be equally shared by the parties. By the CoiJ Thom A. Lacey,C.P.J. Distribution: /Douglas G. Miller, Esquire, 60 West Pomfret Street, Carlisle, PA 17013 John J. Connelly, Jr., Esquire,P.O.Box 650, Hershey, PA 17033 EXHIBIT "D" Courtney K. Powell From: Leslie St.John [istjohn @cbsp.com] Sent: Tuesday, March 12, 2013 5:22 PM To: Susan Smith Cc: Courtney K. Powell Subject: availability Susan, Hello! I hope all is well with you. I just heard word about our court order from Judgs Placey. My attorney Courtney Powell or John Connelly will be sending you a copy of it. Judge Placey reinstated Dr. Shienvold as our parent coordinator on the Speese/St.John file. He also appointed Melinda Eash as councilor to my daughter Paige. I am contacting you today to give you my availability. Monday: Anytime Tuesday,Wednesday,Thursday:Preferred late afternoon,early evening,but I will try to make any time work Friday:Anytime Thank you and I am sure we will be talking You can use either email address: lstjohn(&cbsp.com or leslieast]ohn(a=ail.com Leslie St. Jahn Coldwell Banker Select Professionals "The Experience to Move you!" 4075 Market Street Camp Hill, PA 17011 Office: 717.763.7500_ Cell: 717.599.9441 THIS EMAIL AND ITS ATTACHMENTS ARE INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY WHO IS THE INTENDED RECIPIENT AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE OR ANY TYPE OF USE UNDER APPLICABLE LAW. IF THE READER OF THIS EMAIL IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE, AGENT OR REPRESENTATIVE RESPONSIBLE FOR DELIVERING THE EMAIL TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, COPYING OR OTHER USE OF THIS EMAIL IS STRICTLY PROHIBITED. THIS EMAIL IS NOT INTENDED TO SOLICIT ALREADY LISTED REAL ESTATE PROPERTIES WITH ANOTHER BROKER. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASE RESPOND IMMEDIATELY TO THE SENDER AND DELETE ALL COPIES. EXHIBIT "E" JAMES SMITH DIETTEucK&CONNELLY LLP Courtney Kishel Powell ckp(a'jsdc.com FAX 717.298.2025 P.O.BOX 650 HERSHEY,PA 17033 March 13 2013 Courier Address: 134 SIPE AVENUE HUMMELSTOWN,PA 17036 TEL.717.533.3280 VIA FACSIMILE (717) 540-1416 WWW.JSDC.COM AND U.S. MAIL Arnold T. Shienvold, Ph.D. Riegler, Shienvold &Associates 2151 Linglestown Road, Suite 200 Harrisburg, PA 17110 Re: John G. Speese v. Leslie A. Cassiano n/k/a Leslie St. John Docket No. 2009-0054 Dear Dr. Shienvold: GARY L JAMES MAx J.SMITH,JR. JOHN J.CONELLY,JR. SCOTT A.DIETTERICK I am enclosing a copy of an Order issued by Judge Placey concerning the above- JAMEs F.SPADE MATTHEW CHABAL,III referenced matter. Please be advised that the Court has reinstated your appointment as NEIL W.YAHN Parent Coordinator in this matter. EDWARD P SEEKER RONALD T.ToMAsKo SusAN M.KADEL CouRTNEY K.POWELL I have instructed my client to contact your office to relay her availability to KIMBERLY A.BONNER schedule an appointment in the near future. I trust Attorney Miller will be advising his KAREN CHRISTINE BRA NY JEsscA E.client to do so the same. Please contact our offices in the event you do not hear from our GREGORY A.Ko uT,JR. clients. THOMAS J.CAR RALPH M.SALVIA TERESA M.REIFSN'DER JAMES D.YOUNG Your attention to this matter is appreciated. CAYLA B.HENN ALEXIS M.MILOSZEWSId Very truly yours, OF COUNSEL: GREGORY K.RICHARDS �. ANDREW H. BRIGGS I 1 � 1 ourtney Ki el well CKP/mbl Enclosure cc: Douglas G. Miller, Esquire (VIA FACSIMILE (717) 249-6354 AND U.S. MAIL) Leslie St.John JOHN G. SPEESE, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA C-� V. NO.2009-0054 C= LESLIE A. CASSIANO,n/k/a XM LESLIE A. ST.JOHN, : CIVIL ACTION-LAW CIO Defendant/Petitioner : IN CUSTODY <C:) I-- =C) ORDER < AND NOW,this day of 2013, after considering this Petition for a new Child Counselor and Parenting Coordinator,it is heret*j ORDERED and DECREED that Melinda Eash,M.S.,of Riegler, Shienvold&Associates, shall serve as the child's new counselor in addition to Steffi Devine. Ms.Eash is ordered to meet with the child to determine whether the custody schedule as set forth in the May 2,2012 Order can resume. Ms.Eash may consult with Steffi Devine,or any other counselor,if she deems it appropriate in order to make her determination. It is finther ORDERED that Arnold T.Shienvold,Ph.D.,of Riegler, Shienvold& Associates, shall be reinstated as the Parenting Coordinator in this matter and shall serve until further Order of Court. All out of pocket expenses for Melinda Eash,M.S.and Dr.Shienvold shall be equally shared by the parties. By Tthe o T om V t, 0 Thorn A. laccy,C.P.J. Distribution: /Douglas G. Miller, Esquire, 60 West Pomfret Street, Carlisle,PA 17013 John J.Connelly, Jr., Esquire,P.O.Box 650, Hershey,PA 17033 3 k-// EXHIBIT "F" Elliot Riegler,Ph.D.(1948-1999) Riegler - Shienvold Arnold T.Shienvold,Ph.D. Melinda Eash,MS &Associates James Eash,LSW Bonnic Howard,Ph.D, Amy K.Keisling,ACSW,LCSW Jeffrey Pincus,Ph.D. Ann Vergale.s,ACSW,LCSW March 26,2013 Kasey Shienvold,Psy.D.,MBA John Sivley,LCS)A',CAC Kimberly Bridgman,LSW LETTER SENT VU EMAIL OR FAX AND USPS Bnxke Yellets,LPC James Smith Dietterick&Connelly,LLP Courtney Kishel Powell,Esquire P.O.Box 650 Hershey,PA 17033 Irwin&McKnight,P.C. Douglas G. Miller,Esquire 60 West Pomfret Street Carlisle,PA 17013-3222 Re:John G. Speese v.Leslie A. Cassiano n/k/a Leslie St John Docket No. 2009-0054 Dear Attorneys, I am writing as a follow-up to Ms.Kishel Powell's letter dated March 13,2013. As of this date,Ms. St.John has contacted our office to provide her availability for the parenting coordination sessions to resume with Dr.Arnold Shienovid. As well.,Ms.St.John has spoken with Joni of our office with regard to scheduling Paige with Melinda Eash. No appointment has been scheduled with Ms.Eash because she is unable to accept any new clients into her schedule. It is anticipated that Ms. Eash could have availability in May but this cannot be determined until the end of April or beginning of May.Mr. Speece has not contacted our office to provide his availability for scheduling parenting coordination sessions or an appointment with Melinda Eash regarding Paige. If you have any questions, please contact me at 540-1313 or via direct email at rsaparentingggol.com Sincerely, Susan E. Smith Administrative Assistant Dr.Arnold T. Shienvold 2151 Linglestown Road, Suite 200 - Harrisburg,.Pennsylvania 17110 • (717) 540-1313 • Fax: (717) '540-1416 www.rieglershienvold.com EXHIBIT "G" JAMES SMITH DIE mcK&CONNnLY LLP John J.Connelly,Jr. iic d—Jsdc.co1n FAX 717.298.2053 P.O.BOX 650 February 26, 2013 HERSHEY.PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN,PA 17036 VIA FACSIMILE (717) 249-6354 TEL. 717.533.3280 AND U.S. MAIL WWW.JSDC.COM Douglas G. Miller, Esquire Irwin&McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Re: John G. Speese v Leslie A. Cassiano nwa Leslie St. John Docket No. 2009-0054 Dear Doug: GARY L.JAMES Max J.SMrrH,JR. JOHN J.CONNELLY,JR. Since we have not received any response from you regarding our letter dated JAMES F.�O1T F. ERICK SPPADAD E February 21, 2013, 1 am writing to address the provisions of Judge Placey's Order dated MATTHEW�` `'I�� February 13, 2013. EDWARD P.SEEKER RONALD T.-TOMASKo SUSAN M.KADEL COURTNEY . In accordance with paragraph 2 of that Order, our client proposes that Melinda KKwBmLAK ER Eash, M.S. with Reigler Shienvold&Associates serve as the new counselor for Paige. c ws�,NET.BRANN Additionally, in accordance with paragraph 9 of the Order, our client would like to JESSICA E.LowE continue using Dr. Shienvold as the parent coordinator. Please advise whether your GREGORY A.KOGLlT,JR. THOMAS J.CAR client would concur with these two individuals. M.SAL"" - TERESKES A M.REIFSNYDER JAMES D.YOUNG CAYLA B.HENN Pursuant to paragraph 17,please be advised that our client's email address is ALOas M.MILOSZEWSKI leslieastjohn(a-)gmail com. Please provide us with your client's email address. of COUNSEL: GREGORY K.RICHARDS We await your reply. ANDREW H.BRIGGS Very truly yours, n� ^ Courtney K. Po el CKP/mbl cc: Leslie St. John EXHIBIT "H" . ' .Courtney K. Powell From: Douglas Miller[DMiller@irwinmcknight.com] Sent Wednesday, . 2U134:42PM To: Courtney K. Powell Subject: Speese v. Camnhano Attorney Powell, | received your fax today. |just spoke with my client's mother and she denies making any such phone call to your client yesterday. And frankly, based upon significant past experience with your client lying inthis case, | believe K8rs.Speese. Your client ia ordered to have Paige call every evening before bed. kAy client does not have another phone number,nor does he have a computer or email address. When the visit is scheduled with the new counselor you can notify me of the date and time. She should have received a return call and appointment by this time. Douglas G. Miller, Esquire Irwin 8 K8cKnight, P.C. Law Offices 60 West Pomfret Street Cadia|e, FY\ 17013 (717)34G-2353 (717)249-0354/Fax\ z EXHIBIT "I " JAMES Smrm DIETI' cK&CONNFLLY LLP Courtney Kishel Powell ckp(a-jsdc.com FAX 717.298.2025 P.O.BOX 650 HERSHEY,PA 17033 Couner Address: 134 SIPE AVENUE March 20, 2013 HUMMELSTOWN,PA 17036 TEL. 717.533.3280 WWW.JSDC.COM VIA FACSIMILE (717) 249-6354 AND U.S. MAIL Douglas G. Miller, Esquire Irwin& McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Re: John G. Speese v. Leslie A. Cassiano n/k/a Leslie St.John Docket No. 2009-0054 GARY L.JAMES MAx J.SMrrH,JR. JOHN J.CONNELLY,JR. SCOTrA.DIEnERICK Dear Doug: JAMES F.SPADE MATTHEW CHABAL,III NEIL W.YAHN EDWARD P.SEEDER Pursuant to Paragraph 5 of the February 13, 2013 Order,our client has been RONALD T.ToMAsKo calling Mr. Speese every night so that Paige could say goodnight to him. She has been SUSAN M.KADEL using the number you provided to John Connelly in court. However,in the last few days, c0KIMB11RERTMLY y K.A.BONNNNELL ER Leslie has not been able to et through. Moreover, y KAREN N.T.BRANN g gh. , yesterday afternoon, Leslie received a CHRISTINE T.BRANN telephone call from Mr. Speese's mother demanding that she"stop calling her Ming GREGORY A KKooarr,JR. house," and threatened to call the police and charge her with Harassment. THOMAS J.CAR RALPH M.SALVd1 TERESA M.REIFsNYDER JAMES D.YOUNG Kindly provide me with an alternative telephone number that Leslie can use so CAYLA B.HENN that she can comply with Judge Placey's order. Please provide this to me no later than ALEws M.MlLoszEwm end of business on Friday, March 22, 2013. of COUNSEL: GREGORY K.RICHARDS ANDREW H.BRIGGS Your attention to this matter is appreciated. Very truly yours, I I i ourtney K. owe CKP/mbl cc: Leslie St. John VERIFICATION I, Leslie A. St.John, 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. Date: �t l slie A. t. Jo JOHN G. SPEESE, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-0054 LESLIE A. CASSIANO, n/k/a : LESLIE A. ST. JOHN, : CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE 1, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick&Connelly, LLP attorney for the Defendant, Leslie A. St. John,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 FACSIMILE (717) 249-6354 AND VIA U.S.MAIL,FIRST CLASS,PRE-PAID Douglas G. Miller, Esquire Irwin &McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 JAMES,SMITH,DIETTERICK & CONNELLY,LLP Dated: -4 '2 ,2013 By: t Q 1"ji, Qk j—®r Courtney Kishel owell Attorney I.D. #81 09 P.O.Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys for Defendant JOHN G.SPEESE IN THE COURT OF COMMON PLEAS OFci zz PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA,* MM l V' cil 2009-54 CIVIL ACTION LAW r–: ' LESLIE A.CASSIANO N/K/A LESLIE A.ST. JOHN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday,April 05,2013 —, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S.Sunday,Esq. the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Thursday,May 02,2013 11:30 AM for a Pre-Hearing Custody Conference. At such conference,an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court,and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday,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 0 /_ y-E • JOHN G. SPEESE • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA vs. • 2009-54 CIVIL ACTION LAW • LESLIE A. CASSIANO a/k/a • LESLIE A. ST JOHN • Defendant • IN CUSTODY ORDER OF COU T S 444. AND NOW, this day of , 2014, upon consideration of the attached Custody Conciliation Repo , it is ordered and rected as follows: 1. The Mother's Petition for Contempt is dismissed. 2. No further Order will be entered at this time. BY THE COU +T Thomas A. Play-y J. cc: �6urtney Kishel Powell Esquire—Counsel for Mother , ✓Douglas G. Miller Esquire—Counsel for Father COr I'ES ire_it Lcrt _ _ JOHN G. SPEESE • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2009-54 CIVIL ACTION LAW • LESLIE A. CASSIANO a/k/a LESLIE A. ST JOHN • Defendant IN CUSTODY Prior Judge: Thomas A. Placey 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 Child who is the subject of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Paige E. Speese 2008 2. A custody conciliation conference was held on May 15, 2013, on the Mother's Petition for Contempt. At the time of the conference, the conciliator agreed to hold this mater open to enable further discussions between the parties and counsel. Several telephone calls and emails between the conciliator and counsel followed the conciliation conference but the matter remained on hold for further response from counsel. The conciliator's office attempted to reach counsel subsequently and no further communication has been received. As indicated in an email message to counsel on December 17, 2013, if no further response had been received by Friday December 20,the conciliator would assume that the parties have resolved this matter between themselves and relinquish jurisdiction without entry of an additional Order. 3. No response was received. Accordingly the conciliator recommends an Order in the form as attached. J ca 01 / Date Dawn S. Sunday, Esquire Custody Conciliator