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HomeMy WebLinkAbout09-4757McNEES WALLACE & NURICK LLC By: DEBRA D. CANTOR Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile dcantor _mwn.com Attorneys for Plaintiff MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. n9_ y? S? ??.? ttr,? : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEES WALLACE & NURICK LLC By '--a ra?Be bn Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: July 14, 2009 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor jmwn.com Attorneys for Plaintiff MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant 1. Plaintiff is Melissa A. Rivers, who currently resides at 1319 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Christopher M. Rivers, who currently resides at 1319 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody and shared legal custody of the IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. p / ` L/ 7 S' 7 c ,fi r IN CUSTODY CUSTODY COMPLAINT following child: NAME PRESENT RESIDENCE DATE OF BIRTH Bradyn P. Rivers 1319 Old Willow Mill Road Mechanicsburg, PA 17050 4. The child was not born out of wedlock. 12/24/05 5. The child is presently in the custody of Plaintiff and Defendant, who reside at 1319 Old Willow Mill Road, Mechanicsburg, PA. 6. Since birth, the child has resided with the following persons at the following addresses: LIST ALL PERSONS LIST ALL ADDRESSES DATES Melissa A. Rivers and 1319 Old Willow Mill Road October 2007-July 2009 Christopher M. Rivers Mechanicsburg, PA Melissa A. Rivers and 501 Overlook Court December 2005-October Christopher M. Rivers Etters, PA 17319 2007 7. The Mother of the child is Plaintiff currently residing at 1319 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. She is married to Defendant. 8. The Father of the child is Defendant currently residing at 1319 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. He is married to Plaintiff. 9. The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Braydn P. Rivers Son Christopher M. Rivers Husband 10. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following persons: NAME Bradyn P. Rivers RELATIONSHIP Son Melissa A. Rivers Wife 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this child in this or another court. 12. Plaintiff does not know of a person nor 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. 13. The best interest and permanent welfare of the child will be served by the following custody arrangement: (a) The parties shall share legal custody of the child; (b) Mother shall have primary physical custody of the child; (c) Father shall have frequent periods of supervised visitation. 14. Father suffers from medical conditions and addictions which currently prohibit his ability to care for his son without supervision. The child will be put in harm's way if unsupervised custody is granted at this point. 15. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff requests the Court to grant her shared legal custody and primary physical custody with periods of supervised visitation to Defendant. McNEES WALLACE & NURICK LLC By Dnra H- -a itor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (fax) Attorneys for Plaintiff, Melissa A. Rivers Dated: July 14, 2009 VERIFICATION i verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. _L1??-1? Dated: -71) ated: ?l a /0 ?( Melissa A. Rivers CF TI -. a A 4t/&6. So PA A7T`/ C6W I SI N 8 RT# OU304/ MELISSA A. RIVERS N.AINTIFF V. CHRISTOPHER M. RIVERS I)I,FI:NDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-4757 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT A L' I) Nt )', Friday, July 17, 2009 upon consideration of the attached Complaint, it is hcreh% directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle on Thursday, August 20, 2009 at 9:30 AM ............. ..-- - ---- for a Pr-e-l learinL> Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or il'this crinnot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. I ailurV to arwcar 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 hearinL1. FOR THE COURT. By: /sl Hubert X. Gilro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans ith Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements mint he 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 I iAVI: AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET I=ORT11 III-.I.OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 "Telephone (717) 249-3166 OF THE Y 1119 JUL 20 Ap tt?= ? ; MELISSA A. RIVERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 09-4757 CHRISTOPHER M. RIVERS, : IN CUSTODY Defendant CUSTODY STIPULATION This Custody Stipulation and Agreement ("Custody Stipulation") is made this day of . , 2009, by and between MELISSA A. RIVERS ("Mother"), of Mechanicsburg, Cumberland County, Pennsylvania, and CHRISTOPHER M. RIVERS ("Father"), of Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties are the natural parents of one minor child namely, Bradyn P. Rivers, bom December 24, 2005; and WHEREAS, Mother filed an action for custody in Cumberland County at 09-4757 and such complaint was served on Father; WHEREAS, a custody conference has been set for August 20, 2009 at 9:30 a.m.; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which both parties desire to set forth in the present Custody Stipulation, and; WHEREAS, Mother and Father desire the provisions of the present Custody Stipulation be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. The parties will share joint legal custody of Bradyn P. Rivers, born December 24, 2005. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Mother, Melissa A. Rivers, shall have primary physical custody of the child. 3. Father, Christopher M. Rivers, shall have supervised visitation with the child with Mother, Melissa A. Rivers, or his parents supervising the visits. 4. The schedule for Father's supervised visitation shall be by agreement of the parties. 5. The locations of the visits may vary and can include homes, late-night bedtime visits, parks, churches, restaurants and/or other localities as the parties agree . 5. This stipulation may only be altered by the mutual consent of Mother and Father. 6. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. J. ?4- A ---Z- Mclrssa A. Rivers Dated: -7 /??$ /o 9 hristopher M. Rive Dated:7---O - C? 2 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor .mwn.com Attorneys for Plaintiff MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4757 IN CUSTODY AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Custody Complaint and Conciliation Order in the above matter. Dated: I '' r s opher M ti lli 69 tt IG "4 f i 1 .3 ri MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant AUG 05 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4757 IN CUSTODY ORDER I 40%.j AND NOW, this -? day of , 2009, pursuant to the attached Stipulation for Custody signed by the parties hereto, it is hereby ORDERED that said Stipulation become an Order of the Court. ribution: DD bra Cantor, Esq., McNees Wallace & Nurick L.L.C., P.O. Box 1166, Harrisburg, PA 17108 /Christopher M. Rivers, 1 319 Old Willow Mill Road, Mechanicsburg, PA 17050 Go 'es vn,--3l ' SIL 1 3 a ? 2 x09 ku?ill" -6 F. i I - 3 AUG 0 0 2009 MELISSA A. RIVERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHRISTOPHER M. RIVERS, NO. 2009-4757 Defendant IN CUSTODY ORDER AND NOW, this J day of August, 2009, the Conciliator being advised the parties have reached an agreement and a Stipulation has been filed with the Court, the Conciliator relinquishes jurisdiction. Hu ert X. Gilroy, E uire Custody Concilia r TI t F C 20,04 AUG -? A", ?: Gtr •, T 1"i! P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Defendant MELISSA A. RIVERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff (Respondent, V. CHRISTOPHER M. RIVERS, Defendant/Petitioner. : NO: 09-4757 : CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF THE STIPULATED CUSTODY ORDER AND NOW, comes your Petitioner, Christopher M. Rivers, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition For Modification of the Stipulated Custody Order: 1. Your Petitioner, Christopher M. Rivers, is the Defendant in the above-captioned matter, having as an address 1319 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent, Melissa A. Rivers, is the Plaintiff in the above-captioned matter, having as an address1319 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, which said address is contained in the original Custody Complaint. 3. The parties are the natural parents of Bradyn P. Rivers, born December 24, 2005. 4. The parties executed a Stipulation for Custody which was entered as a Custody Order as evidenced by the Order dated August 6, 2009, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 5. Petitioner herein believes and therefore avers that it is in the best interests of their child to have periods of partial custody in the Petitioner herein two (2) evenings per week and three (3) out of every four (4) weekends per month. 6. Petitioner is able to care for the child and resides in the home in which the child was born and raised for the first almost four (4) years of the child's life. 7. The Honorable Edgar B. Bayley has heard this matter in the past. WHEREFORE, Petitioner herein prays this Court to grant relief in the form of modifying the current Custody Order to provide partial custody in the Petitioner herein two (2) evenings per week and three (3) out of every four (4) weekends per month. Respectfully Submitted, Mancke, Wagner & Spreha P. Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorneys For Petitioner -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: /,^- y of FIDE( = r? 07 77-1- F.- j -A 1, 200QI GC t 15 Vi`i `; ° 3. 0 _ Y *?o. oo P A ATW C& 56-sa 03* e1 i18 MELISSA A. RIVERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. RIVERS DEFENDANT • 20094757 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 12, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, 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 2009 OCT 2 1 Fri ,? 56 ,?. 1001- MELISSA A. RIVERS, PLAINTIFF V. CHRISTOPHER M. RIVERS, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-4757 CIVIL TERM ORDER OF COURT ~~ day of August, 2010, the custody hearing currently scheduled for August 16, 2010, is cancelled and rescheduled to commence at 1:30 p.m., Thursday, October 28, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. A custody conference with counsel shall commence in chambers at 11:00 a.m., Monday, August 16, 2010. By the Court, '~ Debra Cantor Es uire q For Plaintiff Richard Wagner, Esquire For Defendant sal ~o~,~ es £~~~ ~to -' ~ 1 ~~~ Albert H. Masland, J. M1i ~~~ c? ~ CJ ~ ~... -" h - -4 Y~~°~ ~ ~- ' ~' . W ' ~~ ~ C~ - !! •~ .. _ MELISSA A. RIVERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. RIVERS, DEFENDANT :09-4757 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2010, following a conference with counsel, which was requested at the time of the hearing on this matter was rescheduled to October 28, 2010, the court refrains from ordering a change in the terms of custody pending further appointments with the custody evaluator retained by mother and pending the hearing itself. However, the court strongly urges the parties to reach an interim agreement that would provide father with a modest amount of additional supervised partial custody prior to either reaching a final stipulated settlement or the hearing scheduled for October 28, 2010. By the Court, Albert H. Masland, J. 'Debra Cantor, Esquire For Plaintiff P. Richard Wagner, Esquire For Defendant =r :saa ?q? ~, FlLFD-~t~F1Cc McNEES WALLACE 8 NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor a~mwn.com Attorneys for Plaintiff ~~~; ~ ~rT 22 ~~~1 ~~~ ~ 7 ~~t~c~?i.I~~F, air ._r ~~~ C~'~.~~~ ~'L1~~`fL'~r ~~3~~1, . MELISSA A. RIVERS, Plaintiff v. CHRISTOPHER M. RIVERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4757 IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Plaintiff, Melissa A. Rivers, by and through her counsel, McNees Wallace & Nurick LLC, and files this Motion for Continuance as follows: 1. On July 16, 2009, Plaintiff filed a Custody Complaint and a Custody Stipulation Order was entered by agreement on August 6, 2009. Said Custody Stipulation and Order are attached hereto as Exhibit "A." 2. On October 12, 2009, Defendant filed a Petition for Modification of the stipulated Custody Order, a custody conference was held on December 8, 2009, and a subsequent conference was held on March 25, 2010. 3. As a result of the second conciliation conference, this matter was set for a hearing on August 16, 2010, at 1:30 p.m. Also pursuant to this Order, Mother could retain any type of custody or alcohol evaluator on her own and Father would cooperate with such evaluation. The Court's prior Order of August 6, 2009 was affirmed. 4. On March 31, 2010, Attorney Wagner was advised by letter that Dr. Kasey Shienvold had been selected as Plaintiffs evaluator in this matter. At that time, Plaintiff immediately scheduled her appointment, but Defendant did not. Defendant's delay is more completely outlined in Plaintiffs prior Motion for Continuance which was filed on August 6, 2010 and is incorporated herein by reference. 5. As a result of Defendant's delay, Plaintiffs Motion for Continuance was granted and this matter was rescheduled for October 28, 2010 at 1:30 p.m. 6. Subsequent to that Order, Plaintiff and her counsel were advised by Dr. Shienvold's office that he was scheduled to be out of town at a conference on that date. 7. Plaintiff and counsel were also advised that Defendant had failed to schedule his home visit thus preventing Dr. Shienvold from being able to complete his report. 8. On October 12, 2010, Attorney Wagner was advised by letter that Dr. Shienvold was unable to complete his report due to Defendant's failure to compete the home visit. Attorney Wagner was also advised that Dr. Shienvold was unavailable due to a scheduling conflict. 9. Attorney Wagner has been repeatedly contacted by telephone regarding this issue and has failed to return any one of those calls regarding the continuance or his client`s compliance with this Court's order. 10. It is assumed that Attorney Wagner objects to a continuance in this matter, but any basis for such is unknown. 2 11. Pursuant to this Court's Order of April 14, 2010, Mother had a right to retain a custody evaluator and alcohol evaluator and Father was required to cooperate with such. 12. Defendant's cooperation continues to be lacking and, as such, the evaluation cannot be completed. 13. Until such time as the evaluation is completed, the parties are not in a position to proceed with a custody trial in this matter. 14. Plaintiff requests this Court to order Defendant's cooperation with the Custody Evaluation so that it may be completed, under penalty of sanctions. 15. Plaintiff also requests the award of attorneys' fees and costs for the preparation of two Motions for Continuance for Defendant's failure to comply with this Court's Order dated April 14, 2010. These Motions would not have been necessary but for Defendant's and his counsel's lack of action and response to these issues. 16. After demanding a conference with this Court regarding additional custodial time, Defendant failed to request any additional time except an unsupervised weekend visit with friends with whom he is known to consume alcohol and with whom he was involved in a jet skiing accident. 17. It is becoming clear that Defendant wishes to run up Plaintiffs attorneys' fees and costs while dragging out this process as long as he can. 18. The Honorable Albert H. Masland has been assigned to this case. 3 WHEREFORE, Plaintiff, Melissa A. Rivers, requests this Honorable Court to grant her Motion for Continuance until the completion of the custody eva{uation, Order Defendant's compliance under threat of sanctions, and Order attorneys' fees and costs for his continued delay in this matter. Respectfully Submitted, McNEES WALLACE & NURICK LLC By ~ 1 ra or Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor _mwn.com Attorneys for Plaintiff Melissa A. Rivers Dated: October 21, 2010 4 ~~ AUG p 5 2009 ~ MELISSA A. RIVERS, Ptaintiff v. CHRISTOPHER M. RIVERS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4757 IN CUSTODY ORDER AND NOW, this ~,_ day of , 2009, pursuant to the attached Stipulation for Custody signed by the parties hereto, it is hereby ORDERED that said Stipulation become an Order of the Court. BY THE COURT: .~ "3.,., ~., , -~+ 1 est-m~Y vrr~e~ad, I ire uala set my ~~ ~ t~ ttt sad ~ : aisle, Pa #~ Distribution: Debra Cantor, Esq., McNees Wallace & Nurick L.L.C., P.O. Box 1166, Harrisburg, PA 17108 Christopher M. Rivers, 1319 Old Willow Mill Road, Mechanicsburg, PA 17050 3 MELISSA A. RIVERS, IN THE COURT OF COMMON P~ASr ~ __~ Plaintiff CUMBERLAND COUNTY, PENf~N~YL~NIA' v. NO. 09-4757 ,'_ .- CHRISTOPHER M. RIVERS, IN CUSTODY - -. " Defendant ~ :-- _ ~.,, ~~ CUSTODY STIPULATION This Custody Stipulation and Agreement ("Custody Stipulation") is made this day of , 2009, by and between MELISSA A. RIVERS ("Mother"), of Mechanicsburg, Cumberland County, Pennsylvania, and CHRISTOPHER M. RIVERS ("Father"), of Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties are the natural parents of one minor child namely, Bradyn P. Rivers, born December 24, 2005; and WHEREAS, Mother filed an action for custody in Cumberland County at 09-4757 and such complaint was served on Father; WHEREAS, a custody conference has been set for August 20, 2009 at 9:30 a.m.; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which both parties desire to set forth in the present Custody Stipulation, and; WHEREAS, Mother and Father desire the provisions of the present Custody Stipulation be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree .• as follows: 1. The parties will share joint legal custody of Bradyn P. Rivers, born December 24, 2005. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Mother, Melissa A. Rivers, shall have primary physical custody of the child. 3. Father, Christopher M. Rivers, shall have supervised visitation with the chikf with Mother, Melissa A. Rivers, or his parents supervising the visits. 4. The schedule for Father's supervised visitation shall be by agreement of the parties. 5. The locations of the visits may vary and can include homes, late-night bedtime visits, parks, churches, restaurants and/or other localities as the parties agree . 5. This stipulation may only be altered by the mutual consent of Mother and Father. 6. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. J ~ Melissa A. Rivers Dated: ~ ~ a ~ / ~ i ~~ ~~ ~~ .. ~- / hristopher M. Rive Dated: ~~ Jd T 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 C,.~t.~~JQ~J J nne Barnhart, Legal Secretary Dated: October 21, 2010 FILE1~=(tf~'fIC~ McNEES WALLACE & NURICK LLC ~~~~~5~'..u,~~,~~l~, BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor _mwn.com Attorneys for Plainfiff MELISSA A. RIVERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-4757 CHRISTOPHER M. RIVERS, IN CUSTODY Defendant REVISED MOTION FOR CONTINUANCE AND NOW, comes Plaintiff, Melissa A. Rivers, by and through her counsel, McNees Wallace & Nurick LLC, and files this Motion for Continuance as follows: 1. On July 16, 2009, Plaintiff filed a Custody Complaint and a Custody Stipulation Order was entered by agreement on August 6, 2009. Said Custody Stipulation and Order are attached hereto as Exhibit "A." 2. On October 12, 2009, Defendant filed a Petition for Modification of the stipulated Custody Order, a custody conference was held on December 8, 2009, and a subsequent conference was held on March 25, 2010. 3. As a result of the second conciliation conference, this matter was set for a hearing on August 16, 2010, at 1:30 p.m. Also pursuant to this Order, Mother could retain any type of custody or alcohol evaluator on her own and Father would cooperate with such evaluation. The Court's prior Order of August 6, 2009 was affirmed. 4. On March 31, 2010, Attorney Wagner was advised by letter that Dr. Kasey Shienvold had been selected as Plaintiffs evaluator in this matter. At that time, Plaintiff immediately scheduled her appointment, but Defendant did not. Defendant's delay is more completely outlined in Plaintiffs prior Motion for Continuance which was filed on August 6, 2010 and is incorporated herein by reference. 5. As a result of Defendant's delay, Plaintiffs Motion for Continuance was granted and this matter was rescheduled for October 28, 2010 at 1:30 p.m. 6. Subsequent to that Order, Plaintiff and her counsel were advised by Dr. Shienvold's office that he was scheduled to be out of town at a conference on that date. 7. Plaintiff and counsel were also advised that Defendant had failed to schedule his home visit thus preventing Dr. Shienvold from being able to complete his report. In addition, he may have failed to take his MMPI 8. On October 12, 2010, Attorney Wagner was advised by letter that Dr. Shienvold was unable to complete his report due to Defendant's failure to compete the home visit. Attorney Wagner was also advised that Dr. Shienvold was unavailable due to a scheduling conflict. 9. Attorney Wagner has been repeatedly contacted by telephone regarding this issue and has failed to return any one of those calls regarding the continuance or his client's compliance with this Court's order. 2 10. It is assumed that Attorney Wagner objects to a continuance in this matter, but any basis for such is unknown. 11. On October 18, 2010, Plaintiffs last appointment with Dr. Shienvold was cancelled due to Dr. Shienvold's appearance in court on another matter. Therefore, Plaintiff has one more appointment scheduled to finalize her portion of the evaluation. 12. Until such time as the evaluation is completed, the parties are not in a position to proceed with a custody trial in this matter. 13. The Honorable Albert H. Masland has been assigned to this case. WHEREFORE, Plaintiff, Melissa A. Rivers, requests this Honorable Court to grant her Motion for Continuance. Respectfully Submitted, McNEES WALLACE & NURICK LLC By . Ca or Attorney I D No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor _mwn.com Attorneys for Plaintiff Melissa A. Rivers Dated: October 25, 2010 3 Auc o 5 Zoos ~ MELISSA A. RIVERS, Plaintiff v. CHRISTOPHER M. RIVERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4757 IN CUSTODY ORDER AND NOW, this ~ day of , 2009, pursuant to the attached Stipulation for Custody signed by the parties hereto, it is hereby ORDERED that said Stipulation become an Order of the Court. BY THE COURT: ~'~~ ~~ r~ .~~ co~~ ~~~ ~~~~~~~ ,~, ~eS.p wrie~~Ot, I t>~re aatu set my ~~ ~d tlAe ~ sad efi ;1~1ts18, Pe- Distribution: Debra Cantor, Esq., McNees Wallace & Nurick L.L.C., P.O. Box 1166, Harrisburg, PA 17108 Christopher M. Rivers, 1319 Old Willow Mill Road, Mechanicsburg, PA 17050 3 MELISSA A. RIVERS, IN THE COURT OF COMMON P~fA~' _ Plaintiff CUMBERLAND COUNTY, PEPI~N~YL~NIA:; v. NO. 09-4757 ~ - -' CHRISTOPHER M. RIVERS, IN CUSTODY -. " Defendant c., . -. CUSTODY STIPULATION This Custody Stipulation and Agreement ("Custody Stipulation") is made this day of , 2009, by and between MELISSA A. RIVERS ("Mother"), of Mechanicsburg, Cumberland County, Pennsylvania, and CHRISTOPHER M. RIVERS ("Father"), of Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties are the natural parents of one minor child namely, Bradyn P. Rivers, born December 24, 2005; and WHEREAS, Mother filed an action for custody in Cumberland County at 09-4757 and such complaint was served on Father; WHEREAS, a custody conference has been set for August 20, 2009 at 9:30 a.m.; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which both parties desire to set forth in the present Custody Stipulation, and; WHEREAS, Mother and Father desire the provisions of the present Custody Stipulation be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. The parties will share joint legal custody of Bradyn P. Rivers, born December 24, 2005. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Mother, Melissa A. Rivers, shall have primary physical custody of the child. 3. Father, Christopher M. Rivers, shall have supervised visitation with the child with Mother, Melissa A. Rivers, or his parents supervising the visits. 4. The schedule for Father's supervised visitation shall be by agreement of the parties. 5. The locations of the visits may vary and can include homes, late-night bedtime visits, parks, churches, restaurants and/or other localities as the parties agree . 5. This stipulation may only be altered by the mutual consent of Mother and Father. 6. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. J ~~ Melissa A. Rivers Dated: ~ ~ o~ ~ ~C ~ _ ~~ ~~ ,~~- .~ / hristopher M. Rive Dated: ~~ ~0 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 J nne Barnhart, Legal Secretary Dated: October 25, 2010 MELISSA A. RIVERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. RIVERS, DEFENDANT 09-4757 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~~ day of October, 2010, upon review of plaintiffs motion for continuance, the court being informed that defendant objects thereto, this matter is continued to Monday, December 27, 2010, at 1:30 p.m., to enable Riegler, Shienvold & Associates to complete the custody evaluation in this matter. The parties are directed to immediately schedule all remaining appointments to ensure that the evaluation can be timely completed. By the Court, Albert H. Masland, J. /Debra D. Cantor, Esquire For Plaintiff . Richard Wagner, Esquire For Defendant +:~ ~ 0 -,~ :saa -~=~= '~ x r. °~ - ~ ---a -~ ~ r- ARV ~~II~~// 1~ ~ ~~ v. ...L+. ~ W B Q ~q,.y V..~'~ r W . '~' I •' ~ ~ s' ~ ~ ~ Q t I?.C`;-?,i" .1 C E r 7!J ^ ?S I B J1 t',' 10 AM ( ! : r "_ r !!",I L:? L. A14? t"'V 1 ; 'J MELISSA A. RIVERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. RIVERS, Defendant NO. 09-4757 IN CUSTODY ORDER AND NOW, this/ (? day of 2011, following a hearing on its merits, IT IS ORDERED: 1. All prior custody orders are vacated and replaced with this Order. 2. Melissa A. Rivers ("Mother") and Christopher M. Rivers ("Father") shall share legal custody of their son, Bradyn Paul Rivers ("Child"). Mother and Father shall each have the right to participate in all major considerations concerning the Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing. Neither parent shall impair the other parent's rights to shared legal custody of the Child. Neither parent shall attempt to alienate the affections of the Child, nor either of them, from the other parent. Day-to-day decisions shall be the responsibility of the parent then having physical custody of each of the Child. In the event any emergency should arise, the parent then having physical custody of the Child at the time of the emergency shall be permitted to make immediate decisions necessitated by the emergency circumstance or situation; provided, however, I I- that such parent shall inform the other of the emergency and shall consult with him or her as soon as possible. As provided in 23 Pa. C.S.A. §5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any and all reports or information given to either party as a parent as authorized by statute. 3. Mother is granted primary physical custody of the Child. 4. Father is granted supervised visitation on Mondays from 4:30 p.m. until 8:00 p.m. and every other Friday from 4:30 p.m. to 8:00 p.m. 5. Father's visitation shall remain supervised, and all supervisors shall be approved by Mother and shall be required to execute the attached Supervisor's Affidavit. 6. The parties shall select and retain Deb Salem as a parenting coordinator, and shall submit a parent coordinator order to the Court for approval within 10 days of this Order. 7. Father shall not exercise periods of unsupervised physical custody until Father has caused the following conditions to be met: a. Father shall cease consumption of alcohol; and b. Father shall enroll in a professional alcohol evaluation and treatment program with Mazzitti & Sullivan Counseling Services, and complete all necessary treatment as recommended by the alcohol treatment professional. The program shall be provided with a fully copy of Dr. Sheinvold's custody evaluation and shall have access to the videotapes referenced therein. 8. Father shall provide the parenting coordinator with periodic updates, at a frequency determined appropriate by the parenting coordinator, as to his alcohol evaluation and treatment; 9. Father shall undergo an evaluation for a potential sleep disorder and shall complete all recommended treatment as a result of such evaluation. 10. When Father has completed the requirements as set forth in paragraph 7 of this Order to the satisfaction of the parenting coordinator and his therapist; Father's current supervised schedule shall become unsupervised. Once the parenting coordinator has determined that Father's exercise of unsupervised physical custody is successful, he/she shall continue to expand Father's custodial time until he is able to exercise partial custody every other weekend. The parenting coordinator may again limit physical custody to supervised visitation if Father does not comply with all aspects of the alcohol treatment program or the parenting coordinator feels that Father's behavior is not conducive to unsupervised visits. 11. Mother shall continue to participate in individual counseling until such time as she is released by the therapist. 12. The parties shall enroll Brady with a child counselor within 30 days of this Order, and the parties shall participate in such counseling as requested by the child counselor. Both parties shall authorize such treatment immediately. 13. Father shall be entitled to speak with the Child on the telephone daily from 11:30 a.m. - 12:30 p.m. 14. Transportation of the Child shall be shared by the parties with the party assuming custody picking up the child or the parties meeting at a location half way between their residences. 15. Neither party is prejudiced from presenting any and all evidence that they otherwise would have presented on December 27, 2010. BY THE COURT: Albert H. K/lasland, udge Distribution: ? P. Richard Wagner, Esquire, Mancke, Wagner & Spreha, 2233 North Front Street, Harrisburg, PA 17110, 234-7051, 234-7080 (fax) Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108, 237-5297; 260-1667 (fax) D MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4757 IN CUSTODY ORDER AND NOW, this / day of January, 2011, ` .-Z rat 'I T upon consideration of Pxai nfifffs Petition for Allocation of Custody Evaluation Costs, it is hereby ORDERED that, pursuant to Pa. R.C.P. §1915.8, Father is to pay 50% of the custody evaluation costs and Mother is to pay 50% of the custody evaluation costs. Father shall reimburse Mother 50% the costs which total $2,995 within thirty (30) days of this Order. BY THE COURT: Distribution: Albert H. Masland, Judge `Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, 717.237.5297 (phone), 717.260.1667 (fax), dcantor _mwn.com ?P. Richard Wagner, Esquire, Mancke, Wagner & Spreha, 2233 North Front Street, Harrisburg, Pa., 17110, 717.234.7051 (phone), 717.234.7080 (fax) Co?eg O Wid ?o ? Ir _ rI FILED-() r r !C e,r ?+ ??? i ?aR ? ti are ?a? o. t;Ui?18ERL5 N® COU14" QENN McNEES W LLA & NURICK LLC BY: Debra Denison Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor M-vv-n.com Attorneys for Plaintiff IVERS, IN THE COURT OF COMMON PLEAS MELISSA A. R Plaintiff CUMBERLAND NO. 09-4757 V. IN CUSTODY Defendant M. RIVERS, PETITION FOR CONTEMPT AND NOW, comes Plaintiff, Melissa A. Rivers, by and through her counsel, McNees Wallace & Nurick LLC, and files this Petition for Contempt, and in support thereof avers as follows: 1. Movant, Melissa A. Rivers ("Movant"), is an adult individual who currently at 1319 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, resides 17050. 2. Respondent, Christopher M. Rivers, ("Respondent"), is an adult individual current) resides at 40 Fishing Creek Road, Etters,York County, Pennsylvania, 17319. who y (O p- 1a a a??`qq u$ i ??Sby3? 3. The parties are the natural parents of Bradyn P. Rivers, date of birth: December 24, 2005. ondent filed a Petition for Modification of a Stipulated Custody Order on 4. Resp October 12, 2009. Conciliation Conference was held on March 25, 2010. As a result of that 5. A ce the Court entered an Order on April 13, 2010, which is attached hereto as conferen , Exhibit "A." Para raph 2 of the Court's Order dated April 13, 2010, states that "should 6. g custod evaluator she may at a later time petition the Court to request that mother retain a y the father share in the cost of any evaluations with the understanding that father has suggested that there is no requirement for an evaluation and is not inclined to contribute to any costs. dification, Respondent was requesting substantial . In the Petition for Mo 7 unsupervised time. Dr.. ey Shienvold was obtain by Movant to perform a custody evaluation in 8. Kas this matter, which was set for trial on December 27, 2010. 9. At the time of hearing, Respondent agreed to the terms and conditions outlined in the Final Order of Court issued on January 10, 2011. The terms of this Order mimic those recommendations given by Dr. Shienvold. 10. On December 27, 2010, Movant filed a Petition for Allocation of Custody Evaluation Costs, which is attached hereto as Exhibit "B." 2 11. On December 27, 2010, counsel for Movant, Debra D. Cantor, and counsel for Respondent, P. Richard Wagner, argued the merits of this Motion before Judge Masland in his Chambers. result of this argument, Judge Masland indicated that he would equally 12. As a evaluation costs between Movant and Respondent, Judge Masland divide the custody that an Order, dated January 10, 2011, outlining this allocation and requiring executed payment of $2,995 be made to Movant within 30 days of this Order. funds ment of the fun 13. On or about February 9, 2011, Movant requested pay Janua 10, 2011 Order and received a text from Respondent, attached outlined in the rY hereto as Exhibit "C." 14. Movant's responsive text is attached hereto as Exhibit "D." Res ondent then answered that he would rather pay a lawyer than comply 15. P with the Court Order. Respondent's text is attached hereto as Exhibit "E." 16. It is clear from Respondent's text messages to Movant that he has no intention of complying with the terms of the Court Order dated January 10, 2011. 17. An email to Respondent's counsel dated February 11, 2011, regarding payment went unanswered. On March 9, 2011, Movant sent Respondent an email of this Motion seeking 18. concurrence. No reply was given and therefore it is assumed Respondent does not concur. 3 WHEREFORE, Movant requests this Honorable Court to: a. Find Respondent in contempt; the date of this order with interest b. Order payment within fourteen (14) days of th assessed at 6% per annum from the date the obligation was due; and of 1days c. Order Respondent to pay fees and costs of $750 within fourteen (4) the date of this Order. Respectfully submitted, McNEES WALLACE & NURICK LLC By J a D an r Attorney o.66378 100 Pine Street P.0, Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantorCp mwn.com Attorneys for Plaintiff Melissa A. Rivers Dated: JI IO1f l 4 ? Xk??'? APR U 1 2010 IN THE COURT OF COMMON PLEAS OF MELISSA A. RIVERS ; CUMBERLAND CONY' pENNSYLVANIA. plaintiff CIVIL ACTION - LAW v RIVERS, NO. 2009-4757 CHRISTOPHER M. RIV IN CUSTODY Defendant PRIOR JUDGE: THE HONORABLE ALBERT H. MASLAND C URT ORDER A rttL n consideration of the attached Custody day of"irtK 2010, upon NOW, this Conciliation Report, it is ordered and directed as follows: Berland County Courthouse 1 A hearing is scheduled in Court Room No. 5 of the Cum the father shall day of QuaUj"' 2010 at 1O-P--m. on the J441 Counsel for the parties be the moving party and shall proceed initially with testimony. forth the history Court and opposing counsel a memorandum setting shall file with the a summary of each parties to testify on behalf of of custody in this case, the issues currently before the Court, ition on these issues, a list of witnesses who will be called of w fitness. This P°S ated testimony of each each party and a summary of the anticip date. orandum shall be filed at least five days prior to the mentioned hearing mem mother retains any type of custody evaluator or alcohol evaluator, father 2. In the event on the all operate with respect to any such evaluations conditioned upon sh unselor or evaluator involved. understanding that mother shall pay the costs of any counselor the results of any such evaluation shall be shared with legal counsel f However, tion granted under' this paragraph, both parties. In the event mother exercises the op at a later time petition the Court to request that the father share in the mother may that father has suggested that there costs of any evaluations with the understanding cost. is no requirement for an evaluation and is not inclined to contribute any pending further Order of this Court, this Courts prior Order of August 6, 2009. BY THE COURT, Judge Albert H. Masland cc: Debra D. Cantor, Esquire P. Richard Wagner, Esquire TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hsrtd vW the of said rt "Isle, Pa This ay of 20 iL l rothonotary MELISSA A. RIVERS, Plaintiff v CHRISTOPHER M. RIVERS, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2009-4757 IN CUSTODY PRIOR JUDGE: THE HONORABLE ALBERT H. MASLAND CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Bradyn P. Rivers, born December 24, 2005. 2. A Conciliation Conference was held on March 25, 2010, with the following individuals in attendance: The mother, Melissa A. Rivers, with her counsel, Debra D. Cantor, Esquire, and the father, Christopher M. Rivers, with his counsel, P. Richard Wagner, Esquire. The history on this case is that in last October the father filed a Petition to modify the existing custody order in which the father was seeking additional time with the minor child. The parties conducted a conciliation conference in December at which time there was an agreement that father would obtain some type of alcohol evaluation and provide the results of that evaluation to counsel for the mother. An evaluation was completed. However, the mother suggests it was an incomplete evaluation and feels that more investigation needs to be conducted with respect to various issues the mother believes the father has. Father's position is that he has waited long enough and he wants to proceed with a hearing with respect to his request for additional time with the minor child. Mother is suggesting that she wants some type of evaluation completed prior to the hearing date. 4. This case was originally handled by Judge Bayley and should be assigned to Judge Masland. Accordingly, the attached Order suggests Judge Masland handling the case. 5. The Conciliator recommends an Order in the form as attached. Date: March 5 V , 2010 Hubert X. G' y, Esquire Custody nciliator ????i? MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant AND NOW, this day of , 20_, a Rule is issued upon the Defendant, Christopher M. Rivers, to show cause why Plaintiffs Petition for Allocation of Custody Evaluation Costs should not be granted. Rule returnable IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4757 IN CUSTODY RULE BY THE COURT: J. Distribution: Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, 717.237.5297 (phone), 717.260.1667 (fax), dcantor(cDmwn.com days after service. P. Richard Wagner, Esquire, Mancke, Wagner & Spreha, 2233 North Front Street, Harrisburg, Pa., 17110, 717.234.7051 (phone), 717.234.7080 (fax) F ILED-0F FIICE rE PQ0TH ON0T.4i' ~ 1'Qi 0 DEC 2l PH I: 02 0EgNSVLV,'`.i;iA McNEES WALLACE & NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor .mwn.com Attorneys for Plaintiff MELISSA A. RIVERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. RIVERS, Defendant NO. 09-4757 IN CUSTODY PETITION FOR ALLOCATION OF CUSTODY EVALUATION COSTS AND NOW, comes Petitioner, Melissa A. Rivers, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Petition for Allocation of Custody Evaluation Costs. 1. Petitioner, Melissa A. Rivers, the Plaintiff in the above-captioned matter, is an adult individual residing at 1319 Old Willow Mill Road, Mechanicsburg, Pennsylvania, 17050. 2. Respondent, Christopher M. Rivers, Defendant in the above-captioned matter, is an adult individual residing at 40 Fishing Creek Road, Etters, PA 17319-9765. 3. The parties are the natural parents of Bradyn P. Rivers, date of birth December 24, 2005. 4. The original Custody Complaint was filed July 16, 2009. 5. A Stipulation for Custody was entered as a Custody Order on August 6, 2009. 6. Respondent filed a Petition for Modification of the Stipulated Custody Order on October 12, 2009. 7. A conciliation conference was held on March 25, 2010. As a result of that conference, the Court entered an Order on April 13, 2010, which is attached hereto as Exhibit "A." 8. Paragraph 2 of the Court's Order, dated April 13, 2010, states that "should Mother retain a custody evaluator, she may at a later time petition the Court to request that the Father share in the costs of any evaluations with the understanding that Father has suggested that there is no requirement for an evaluation and is not inclined to contribute any costs." 9. On March 31, 2010, Father's counsel was advised that Mother had selected Dr. Kasey Shienvold as the evaluator in this matter. Despite the Court's Order that Father shall cooperate with respect to any such evaluations, Father's actions caused significant delay in the completion of the custody evaluation. See Motion for Continuance, dated October 25, 2010, attached hereto as Exhibit "B." 10. On October 26, 2010, an Order of Court continued the hearing in the above matter to December 27, 2010. 11. Father was requesting substantial unsupervised time. The evaluation of Dr. Kasey Shienvold is attached hereto as Exhibit "C". 12. Dr. Shienvold found that Father should not be granted any unsupervised time until such time as he completes an alcohol treatment program and abstains from drinking 2 alcohol. Dr. Shienvold recommends the appointment of a parenting coordinator to monitor Father's treatment and sobriety. It is only after the completion of this treatment and the recommendations of his therapist and the parenting coordinator, that Father is to be given a few hours of unsupervised time. The child was also ordered into therapy as Father had refused to allow him to participate in counseling. 13. Clearly, an evaluation was necessary to even get Father to consider he has a problem and to protect the child from Father's dangerous behavior. The only requirement of Mother was to continue in therapy for anxiety. WHEREFORE, Petitioner, Melissa A. Rivers, respectfully requests this Honorable Court to allocate the costs of the custody evaluation, pursuant to Pa. R.C.P. §1915.8, in the following manner: Father to pay 70% of custody evaluation costs, Mother to pay 30% of custody evaluation costs. Respectfully submitted, McNEES WALLACE & NURICK LLC By Debr or Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor _mwn.com Attorneys for Plaintiff Melissa A. Rivers Dated: December 27, 2010 APR U '12010 MELISSA A. RIVERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHRISTOPHER M. RIVERS, NO. 2009-4757 Defendant : IN CUSTODY PRIOR JUDGE: THE HONORABLE ALBERT H. MASLAND COURT ORDER NOW, this day of-tv? 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the -??day of Duquil, 2010 at Liap-m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. In the event mother retains any type of custody evaluator or alcohol evaluator, father shall cooperate with respect to any such evaluations conditioned upon the understanding that mother shall pay the costs of any counselor or evaluator involved. However, the results of any such evaluation shall be shared with legal counsel for both parties. In the event mother exercises the option granted under this paragraph, mother may at a later time Petition the Court to request that the father share in the costs of any evaluations with the understanding that father has suggested that there is no requirement for an evaluation and is not inclined to contribute any cost. Pending further Order of this Court, this Court's Prior Order of August 6, 2009. BY THE COURT, Judge Albert H. Masland cc: Debra D. Cantor, Esquire P. Richard Wagner, Esquire TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand lisle, Pa and the of said court at+'L-Prothonotary This ay of 201L MELISSA A. RIVERS, Plaintiff v CHRISTOPHER M. RIVERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-4757 IN CUSTODY PRIOR JUDGE: THE HONORABLE ALBERT H. MASLAND CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Bradyn P. Rivers, born December 24, 2005. 2. A Conciliation Conference was held on March 25, 2010, with the following individuals in attendance: The mother, Melissa A. Rivers, with her counsel, Debra D. Cantor, Esquire, and the father, Christopher M. Rivers, with his counsel, P. Richard Wagner, Esquire. The history on this case is that in last October the father filed a Petition to modify the existing custody order in which the father was seeking additional time with the minor child. The parties conducted a conciliation conference in December at which time there was an agreement that father would obtain some type of alcohol evaluation and provide the results of that evaluation to counsel for the mother. An evaluation was completed. However, the mother suggests it was an incomplete evaluation and feels that more investigation needs to be conducted with respect to various issues the mother believes the father has. Father's position is that be has waited long enough and he wants to proceed with a hearing with respect to his request for additional time with the minor child. Mother is suggesting that she wants some type of evaluation completed prior to the hearing date. 4. This case was originally handled by Judge Bayley and should be assigned to Judge Masland. Accordingly, the attached Order suggests Judge Masland handling the case. The Conciliator recommends an Order in the form as attached. Date: March 5 t), 2010 Hubert X. G' y, Esquire Custody nciliator MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant AND NOW, this day of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4757 IN CUSTODY ORDER 2010, it is hereby ORDERED that the above-captioned matter is continued until the completion of the custody evaluation. At such time, the parties shall contact this Court to schedule another conciliation or a custody hearing. Defendant shall immediately schedule all remaining appointments with Dr. Kasey Shienvold and Riegler, Shienvold & Associates. Plaintiffs claim for fees and costs shall be deferred to the final custody trial. BY THE COURT J. Distribution: Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, 717.237.5297 (phone), 717.260.1667 (fax), dcantor(a)mwn.com P. Richard Wagner, Esquire, Mancke, Wagner & Spreha, 2233 North Front Street, Harrisburg, Pa., 17110, 717.234.7051 (phone), 717.234.7080 (fax) 22 L:. McNEES WALLACE & NURICK L,LC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor(aDmwn.com Attorneys for Plaintiff MELISSA A. RIVERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. RIVERS, Defendant NO. 09-4757 IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Plaintiff, Melissa A. Rivers, by and through her counsel, McNees Wallace & Nurick LLC, and files this Motion for Continuance as follows: 1. On July 16, 2009, Plaintiff filed a Custody Complaint and a Custody Stipulation Order was entered by agreement on August 6, 2009. Said Custody Stipulation and Order are attached hereto as Exhibit "A." 2. On October 12, 2009, Defendant filed a Petition for Modification of the stipulated Custody Order, a custody conference was held on December 8, 2009, and a subsequent conference was held on March 25, 2010. 3. As a result of the second conciliation conference, this matter was set for a hearing on August 16, 2010, at 1:30 p.m. Also pursuant to this Order, Mother could retain any type of custody or alcohol evaluator on her own and Father would cooperate with such evaluation. The Court's prior Order of August 6, 2009 was affirmed. 4. On March 31, 2010, Attorney Wagner was advised by letter that Dr. Kasey Shienvold had been selected as Plaintiffs evaluator in this matter. At that time, Plaintiff immediately scheduled her appointment, but Defendant did not. Defendant's delay is more completely outlined in Plaintiffs prior Motion for Continuance which was filed on August 6, 2010 and is incorporated herein by reference. 5. As a result of Defendant's delay, Plaintiffs Motion for Continuance was granted and this matter was rescheduled for October 28, 2010 at 1:30 p.m. 6. Subsequent to that Order, Plaintiff and her counsel were advised by Dr. Shienvold's office that he was scheduled to be out of town at a conference on that date. 7. Plaintiff and counsel were also advised that Defendant had failed to schedule his home visit thus preventing Dr. Shienvold from being able to complete his report. S. On October 12, 2010, Attorney Wagner was advised by letter that Dr. Shienvold was unable to complete his report due to Defendant's failure to compete the home visit. Attorney Wagner was also advised that Dr. Shienvold was unavailable due to a scheduling conflict. 9. Attorney Wagner has been repeatedly contacted by telephone regarding this issue and has failed to return any one of those calls regarding the continuance or his client's compliance with this Court's order. 10. It is assumed that Attorney Wagner objects to a continuance in this matter, but any basis for such is unknown. 2 11. Pursuant to this Court's Order of April 14, 2010, Mother had a right to retain a custody evaluator and alcohol evaluator and Father was required to cooperate with such. 12. Defendant's cooperation continues to be lacking and, as such, the evaluation cannot be completed. 13. Until such time as the evaluation is completed, the parties are not in a position to proceed with a custody trial in this matter. 14. Plaintiff requests this Court to order Defendant's cooperation with the Custody Evaluation so that it may be completed, under penalty of sanctions. 15. Plaintiff also requests the award of attorneys' fees and costs for the preparation of two Motions for Continuance for Defendant's failure to comply with this Court's Order dated April 14, 2010. These Motions would not have been necessary but for Defendant's and his counsel's lack of action and response to these issues. 16. After demanding a conference with this Court regarding additional custodial time, Defendant failed to request any additional time except an unsupervised weekend visit with friends with whom he is known to consume alcohol and with whom he was involved in a jet skiing accident. 17. It is becoming clear that Defendant wishes to run up Plaintiffs attorneys' fees and costs while dragging out this process as long as he can. 18. The Honorable Albert H. Masland has been assigned to this case. 3 WHEREFORE, Plaintiff, Melissa A. Rivers, requests this Honorable Court to grant her Motion for Continuance until the completion of the custody evaluation, Order Defendant's compliance under threat of sanctions, and Order attorneys' fees and costs for his continued delay in this matter. Respectfully Submitted, McNEES WALLACE & NURICK LLC By . - -- - -1?11\1? ra P--- or Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantora-mwn.com Attorneys for Plaintiff Melissa A. Rivers Dated: October 21, 2010 I r AUG 0 5 2009 i? MELISSA A. RIVERS, Plaintiff IN THE COURT O COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. RIVERS, Defendant NO. 09-4757 IN CUSTODY ORDER AND NOW, this _ day of 2009, pursuant to the attached Stipulation for Custody signed by the parties hereto, it is hereby ORDERED that said Stipulation become an Order of the Court_ BY THE COURT: t `lUE COPY FROM > EGORU ,n 1'est?nttNtY wtretad, I tW6 unto set my han, Std hire OR *-14 at Carlisle, Pa Distribution: Debra Cantor, Esq., McNees Wallace & Nurick L.L.C., P.O. Box 1166, Harrisburg, PA 17108 Christopher M. Rivers, 1319 Old Willow Mill Road, Mechanicsburg, PA 17050 MELISSA A. RIVERS, IN THE COURT OF COMMON P&ASr' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA.; v. NO. 09-4757 CHRISTOPHER M. RIVERS, IN CUSTODY Defendant CUSTODY STIPULATION This Custody Stipulation and Agreement ("Custody Stipulation") is made this day of , 2009, by and between MELISSA A. RIVERS ('Mother'), of Mechanicsburg, Cumberland County, Pennsylvania, and CHRISTOPHER M. RIVERS ("Father"), of Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties are the natural parents of one minor child namely, Bradyn P. Rivers, born December 24, 2005; and WHEREAS, Mother filed an action for custody in Cumberland County at 09-4757 and such complaint was served on Father; WHEREAS, a custody conference has been set for August 20, 2009 at 9:30 a.m.; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which both parties desire to set forth in the present Custody Stipulation, and; WHEREAS, Mother and Father desire the provisions of the present Custody Stipulation be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. The parties will share joint legal custody of Bradyn P. Rivers, born December 24, 2005. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Mother, Melissa A. Rivers, shall have primary physical custody of the child. 3. Father, Christopher M. Rivers, shall have supervised visitation with the child with Mother, Melissa A. Rivers, or his parents supervising the visits. 4. The schedule for Father's supervised visitation shall be by agreement of the parties. 5. The locations of the visits may vary and can include homes, late-night bedtime visits, parks, churches, restaurants and/or other localities as the parties agree. 5. This stipulation may only be altered by the mutual consent of Mother and Father. 6. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. A Melissa A. Rivers hristopher M. River Dated: -7 / ) 9 /C) 9 Dated: 'D / 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 V4a,;-.4a12,? J nne Barnhart, Legal Secretary Dated: October 21, 2010 Riegler - Shienvold & Associates CUSTODY EVALUATION MELISSA A. RIVERS v. CHRISTOPHER M. RIVERS No. 09-4757 Referred By: Mutual Consent of the Parties Elliot Riegler, Ph.D, (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Jeffrey Pincus, Ph.D. Ann Vcrgales,ACSW, LCSW Kasey Shienvold, Psy.D., MBA Shanen Turk-Geller, LCSW John Sivley, LCSW, CAC Janet Frankel Staub, LCSW, QCSW Referral Reason: To conduct a comprehensive custody evaluation to make custodial recommendations regarding the parties' son, Bradyn Paul Rivers (DOB 12/24/2005). Individual Interviews: Christopher Rivers 08/03/10, 08/31/10, 09/21/10, 10/13/10 Melissa Rivers Brady Rivers Mike Henning Ileather Brandt Andrew & Julie Witmer 05/17/10,08/30/10,09/08/10, 09/20/10, 10/04/10, 10/26/10 09/13/10, 09/29/10, 11/03/10 11/03/10 10/18/10 10/1 1/10 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) Christopher Rivers Melissa Rivers State-Trait Anger Expression Inventory-2 (STAXI-2) Christopher Rivers Melissa Rivers 2151 Linglestown Road, Suite 200 - Harrisburg, Pennsylvania 17110 - (717) 540-1313 - Fax: (717) 540-1416 www.rieglershienvold.com Rivers v. Rivers Page 2 of 17 Parenting Stress Index (PSI) Christopher Rivers Melissa Rivers Child Behavioral Checklist (CBCL) Christopher Rivers Melissa Rivers Home Visits: Each parent's residence was evaluated for safety concerns and each parent was observed interacting with Brady in the home setting Additional Information: Copies of a journal kept by Melissa Rivers from July 16, 2009 until September 19, 2010. The journal involved Brady's experiences and Melissa's perceptions of Chris' behavior at supervised visits. Highlighted sections involved times when Chris was consuming alcohol or not spending time with Brady. She claimed that she found bottles of vodka open and consumed on numerous occasions. In addition, she recorded times when Chris was passed out (unconscious) when they arrived at the house. Melissa alleged that Christopher was willing to make inappropriate statements about custody and about her to Brady during visits. Other entries in the journal include Chris' phone calls between him and Brady or between him and Melissa. Melissa alleges that Chris becomes angry or threatening with great frequency. Copies of select text messages between the parties in the month of October 2010. Chris is very angry and threatening in his messages. For example, Chris stated "I will do everything I can to take you down....," "there is a place for you and you are going to end up there," "You're a horrible person," "You know after this is over you will not exitt to me or my family," "and I hate talking to you tell my son the truth because I will," and "your lawyer is a lying bitch." In one text conversation, Melissa asks Chris if he told Brady that his mother keeps him away from him. Chris responded "You do so what the truth hurts." Rivers v. Rivers Page 3 of 17 Copies of emails provided by Melissa Rivers. The emails contain conversations that Melissa has had with different members of Chris' family. In an email between Melissa and Dar Heil from 2007 they both discuss Chris' drinking. Ms. Heil acknowledged Chris' alcohol problem and then compared Chris' behavior to that of Chris' father who allegedly drank heavily and acted out. Another email from August 2009 contained a conversation with Dar Heil in which she indicated a belief that Chris needed significant help for "anxiety and booze issues." 4. DVDs of photographs and videos taken by Melissa. The pictures include frequent episodes of Chris drinking enough alcohol to pass out and soil himself in the marital home. There are dozens of pictures of Chris covered in his own bodily quids with Brady in the house. Furthermore, there are photographs of open vodka bottles and hidden vodka bottles in the home, garage, and vehicle. Videos include incidences when Chris was either too intoxicated to be awoken from his sleep or incidences of a significant problem being awoken from a sober sleep. In the videos, either Melissa or Brady are. unsuccessfully attempting to arouse him. Additionally, there are videos in which Christopher is acting in a way to make one think he is intoxicated. In one clip, he decided to run and jump into Brady's crib. In other clips he appeared confused or disoriented. 5. Medical Records from JDC Pediatrics were requested but not received. 6. Counseling records from Diakon Family Life Services regarding Melissa Rivers. While the notes are mostly illegible, it appears that Melissa was diagnosed with an unspecified anxiety disorder and marital problems. It appears that Chris attended multiple sessions with her. Rivers v. Rivers Page 4of17 7. A Parent Reference Form completed by Heather Brandt. Ms. Brandt is Chris Rivers' sister. Ms. Brandt indicated that Chris and Brady have a normal father/son relationship. She claimed that Melissa never allowed Chris to be a parent to Brady and that she constantly criticized him regardless of the appropriateness of his behavior. She claimed that Melissa had Brady on an inappropriate schedule as a small child and that he would nap when Chris was home. However, Ms. Brandt described both parents as capable and competent in different ways. She stated that Melissa was focused on education and protecting her son while Chris was more hands on, adventurous, and "outdoorsy." She indicated that Chris and Brady have a strong bond. Ms. Brandt reported that she feels each parent is capable of meeting Brady's needs. She denied any evidence of abuse of alcohol, domestic violence, drugs, or criminal behavior by either party. A Parent Reference Form completed by Chris' mother, Darlene Heil. Ms. Heil described Chris' home as nice and clean. She stated that Brady has an appropriate bedroom in his home with toys and other interests of his. She reported that Brady loves being with both of his parents and he is a well-behaved little boy. She denied any behavioral or emotional problems for Brady but she noted that he often cries because he wants to spend more time with his father. Ms. Heil denied any evidence of alcohol or drug abuse, domestic violence, or criminal behavior. She expressed a belief that Brady needs equal time with each of his parents and claimed that Melissa's controlling tendencies have created the current level of conflict. A Parent Reference?Form completed by Chris' father, Nelson Rivers, Jr. Mr. Rivers spoke positively about Chris' relationship with Brady. He claimed that they always have fun together and that Chris is always focused on making sure that Brady is happy and that his needs are met. He added that Chris is focused on maintaining appropriate schedules for Brady and making sure he is well-mannered. Mr. Rivers reported that Brady needs equal time with both parents and he did not believe that Chris had a problem with alcohol. He spoke positively about Melissa's parenting as well. Rivers v. Rivers Page 5 of 17 10. A Parent Reference Form completed by Chris' friend, Colin Forer. Mr. Forer stated that Chris' home is very well equipped for Brady and that Brady loves playing with his father in the backyard and in his fort. He added that Chris is very caring and affectionate and that he takes excellent care of Brady during his custody time. Mr. Forer indicated that he believes it is important for both parents to be an active participant but that Melissa is too protective of Brady. Mr. Forer denied any evidence of alcohol or drug abuse by either parent. 11. A Parent Reference Form completed by Melissa's mother, Linda Dahr. Ms. Dahr spoke very positively about Melissa's relationship and interactions with Brady. She stated that Melissa is a hands-on mother who interacts with Brady constantly. She claimed that Melissa uses every opportunity to play with him, teach him, and let him know how much he is loved. Ms. Dahr stated that Melissa works hard to ensure that he has good manners and is well-behaved. She indicated that Melissa structures her day around Brady's schedule so that they can maximize their time together. She claimed that Chris was always focused on "toughening him up" and "having him act like a boy." Ms. Dahr alleged that Chris always played too rough with Brady and expected him to be able to handle things older children do. She added that Chris is belligerent in his phone calls with Melissa and Brady. She claimed that Brady is upset after his father's angry calls and he asks a lot of questions about why he does that. Ms. Dahr expressed significant concern about Chris' alcohol use and his sleeping problems. Rivers v. Rivers Page 6 of 17 12. A Parent Reference Form completed by Melissa's friend, Paula Brooks. Ms. Brooks indicated that she sees Melissa and Brady on a weekly basis but denied any real relationship with Chris. She spoke very positively about Melissa's home and Brady's relationship with his mother. She claimed that Melissa sets firm and appropriate rules and expectations for Brady. She stated that "they pretty much do everything together." Ms. Brooks described Brady as a "great kid." She noted that he is polite and considerate. She stated that Melissa can be a little over-protective at times but did not find it to be problematic. She added that Chris "seems like a nice guy" but is often too rough with Brady when she sees them together. She added that Chris appeared intoxicated at Brady's birthday party but that she did not witness him drinking. 13. A telephone conversation with Andrew and Julie Witmer. The Witmers are neighbors of Melissa and they were friendly with both Melissa and Chris when the parties still lived together. Both Andrew and Julie expressed a belief that Chris has a drinking problem. They stated that he would drink regularly with them and Julie added that she was on the back of Chris' four wheeler when he crashed it. Julie noted that she was unaware that Chris was severely intoxicated at the time of the accident. Both Andrew and Julie acknowledged that Chris was a nice person and a good neighbor but indicated that he focused more on taking care of the yard than he did on spending time with Brady. The recommendations at the conclusion of this report are based on an integration of all of the data collected, the review and application of relevant professional literature, and the clinical experience of the evaluator. The recommendations are offered within a reasonable degree of psychological certainty. Rivers v. Rivers Page 7of17 Background: Chris and Melissa Rivers currently share legal custody of their son, Brady. Melissa currently maintains primary physical custody of Brady while Chris has periods of supervised visitation on Mondays from 4:30 PM until 8:00 PM and alternating Friday overnights until Saturday morning. This schedule has reportedly been in effect since the parties separated in July 2009. Chris claimed that he only agreed to that schedule because Melissa misled him to believe that their separation was temporary. Melissa acknowledged that she told Chris they might reconcile if he received the help he needed for his alcohol use. She also added that Chris only agreed to sign the papers if Melissa agreed to pay him $300 a month. Chris denied extorting money from Melissa at the time of their separation. Chris is petitioning the Court for an increase in his time with Brady and asking for the supervision to be lifted. He stated that believes he is a good father and that he does not need to be supervised interacting with his son. Chris raised several concerns about Melissa that she felt negatively impacted his relationship with his son. Chris described Melissa as very controlling and difficult to please during their relationship. He complained that she was always critical of his interactions with Brady and prevented him from doing a great many things with him. He claimed that she has made frequent and regular contact with Brady difficult not only during the marriage but since their separation as well. Chris indicated that he has been denied phone calls and visits by Melissa. He added that her refusals have served to escalate the conflict between each household. Melissa admitted that she was overprotective of Brady when he was younger. She acknowledged that she was an anxious parent who tried too hard to shield him from potential injury or harm. However, she claimed that she has worked hard with her counselor, Wendy Wood, to address her anxiety and deal with how it has affected her parenting. Melissa expressed an understanding of how Chris may have perceived that as over-controlling. However, she countered that Chris never appeared to prioritize his time with Brady and engaged in very dangerous behaviors with him. For example, she claimed that he lit bonfires with Brady nearby and then threw gasoline on a lit fire. Melissa further noted that Brady asked Chris to stop some of his "rough housing" behaviors with him but that Chris did not listen. She claimed that this happened as recently as his birthday party. Melissa denied attempts to prevent contact or communication between Chris and Brady. She presented emails between her and members of Chris' family, as well as Chris himself, that demonstrate her attempt to work flexibly with them to arrange visits. She claimed that she has ended phone calls prematurely in the past because Chris has become belligerent on the phone with her or has loudly criticized her to Brady. Melissa corroborated these claims by showing text messages in which Chris is threatening and belligerent, as well as a text message in which he admits to telling Brady that his mother Rivers v. Rivers Page 8 of 17 is keeping him away from his father. She stated that she terminates loud or provocative communications as a way of preventing conflict between the households. Melissa raised several concerns about Chris which she feels inhibits his ability to be a safe caretaker for their son. She stated that until Chris gets help for his emotional, sleep, and alcohol issues that she does not believe that he can have unsupervised visits with his father. Melissa alleged that Chris was an alcoholic during the marriage. She claimed that he was drinking nearly a liter of vodka daily by the end of the marriage. She noted that he often drank to the point of unconsciousness. She added that Christ vomited or soiled himself on many occasions when he was drunk. Furthermore, she stated that his behavior occurred on multiple occasions when Brady was in the home. Melissa claimed that he has been found passed out in the living room, at the kitchen table, in the basement, or outside from drinking too much alcohol. She reported that Chris was involved in a four wheeler accident in March 2009 in which he was operating the vehicle with a blood alcohol level more than three times the legal limit. Melissa added that Christopher has been prescribed prescription pain medication and he frequently drank while taking the medication. She acknowledged that she is unaware what his current level of alcohol use is because she is no longer around him, but she pointed out that he has not received any treatment or therapy for his alcohol use. Melissa presented digital photographs of Chris during times when he was intoxicated. In many of the pictures Chris is unconscious and has soiled himself or gotten sick. She also presented pictures of places where he hid his bottles of vodka. There were pictures of vodka hidden in the garage, his car, and his golf bag. Furthermore, there was a video taken of Chris acting inappropriate when he was drunk. In one part of the video his speech was incoherent and then he ran and jumped into Brady's crib. In another video, Chris is passed out in the basement of the marital home with pornography on his laptop computer. Brady was home during each of these video tapes. Furthermore, Melissa presented emails between her and Chris' mother from 2007 and 2009 in which his mother acknowledged that Chris' alcohol use was a problem. Melissa also raised concerns about Chris' emotional stability. She claimed that he experienced significant anxiety and depression during their marriage. She indicated that he was prescribed Lexapro and Clonazepam and was involved in psychotherapy briefly. Melissa alleged that Chris had significant anger problems and threatened harm to her on numerous occasions. She reported that those threats have occurred in front of Brady or while Brady could hear the discussion. Melissa alleged that Chris owned numerous guns and he did not lock the gun cabinet. She provided a picture of Chris' gun cabinet and there was an assault rifle outside of the cabinet with ammunition nearby. Melissa indicated that she was concerned about Chris' sleep behaviors. She claimed that he was a very deep sleeper and very difficult to arouse when sleeping. Melissa acknowledged that his sleep issues could have been the result of his alcohol use Rivers v. Rivers Page 9 of 17 but was unsure. Melissa provided video tapes of occurrences when she and Brady. were each trying to wake up Chris. In one clip, Brady was yelling, pushing, and then jumping on top of Chris to wake him up and he managed to sleep through it. Melissa stated that Brady is forced to share a room with Chris at his house. She claimed that Chris snores very loudly and that Brady does not get a good night's sleep. Furthermore, she alleged that Brady has been unsuccessful waking him since the separation as well. Chris initially denied any problems with alcohol or any history of heavy alcohol use. He claimed that he only drank socially and "on weekends when watching a football game or something." However, after he was informed of the photographic evidence, Chris admitted that he drank heavily during the marriage but denied any current alcohol abuse. Chris blamed Melissa for his drinking and stated that he drank as a way to cope with being married to her. Chris admitted to being intoxicated at the time of his four wheeler accident but he denied any other history of operating a vehicle while impaired. Chris denied ever attending any alcohol education classes or getting any treatment for his heavy alcohol use. When asked if he was willing to quit drinking all together to get additional custody time with his son, he did not necessarily agree to it. Instead, he stated that his drinking was not a problem and therefore abstinence would not be necessary. Chris denied having significant problems with anger or significant emotional problems that impact his parenting. He admitted to taking Lexapro and Clonazepam for anxiety issues. lie further acknowledged that he has been in brief therapy in the past. However, he denied being emotionally or physically abusive towards either Melissa or Brady. Chris agreed that they fought verbally on occasion, but he denied ever threatening or hurting Melissa. Chris admitted to owning guns, but he stated that they were locked and out of the reach of children. Chris acknowledged that he is a deep sleeper but he denied that it is a concern of his. He stated that he no longer shares a room with Brady and that there is a monitor in Brady's room to ensure that Chris can hear if there is a problem. History of Relationship: "I'he parties reportedly met in 1999 while they were both working at the airport. They started dating shortly after marriage. Melissa claimed that Chris progressed the sexual nature of their relationship more quickly than she was comfortable with but that she agreed to continue seeing him. She reported that she and Chris dated for three years before getting married in Jamaica. She indicated that she was aware that he had an anger problem and that he drank occasionally, but she did not think it impacted their relationship at that time. Melissa indicated that the parties argued frequently and were more like the "Bickersons." Chris disagreed with Melissa's assessment and he believed he and Melissa were getting along well through the first several years. Rivers v. Rivers Page 10 of 17 Melissa and Chris reportedly moved in together following their marriage in 2001. Chris described the relationship as fun and noted that they travelled frequently. Conversely, Melissa stated that she never felt like they had a deep emotional connection and she was never truly happy. She claimed that her work and school schedules, coupled with his numerous hobbies, made it difficult for them to spend any time together. Melissa and Chris both indicated that they decided to start a family as a mutual decision. Melissa noted that they had some fertility problems but that they got news that they were pregnant in 2004. Melissa's pregnancy was reportedly difficult and she required periods of bed rest throughout. Melissa acknowledged that Chris was helpful during her pregnancy. Brady was born healthy after 38 weeks. Chris indicated that he was present at the hospital. Melissa acknowledged that Chris was involved with Brady during the early months. However, she claimed that he never got up with him in the middle of the night and he was not involved in giving Brady baths. Melissa reportedly took time off from her job as a school teacher, then she retired in the summer of 2005 to work from home in a business she was starting. She claimed that Chris stopped making any effort with her or Brady once Brady was about three months old. She alleged that he would come home from work and then spend time in the garage or go down to the basement. Melissa claimed that he would say no when asked to do things with her and Brady. Chris denied being unwilling. He argued that Melissa was very possessive and controlling with Brady. He alleged that Melissa never trusted him with Brady and that made it difficult for him to engage Brady in father/son activities. Chris indicated that Melissa began running multiple businesses out of their house. Ile stated that her businesses required numerous supplies. He stated that he was helpful with Melissa's businesses when he was not at his own job. Chris alleged that Melissa's unwillingness to organize and clean up her supplies caused frequent arguments between the parties. He stated that he became frustrated with thut and the fact that she was so possessive and protective of Brady. Melissa acknowledged that she had a great number of supplies that were difficult to keep organized but denied that as the main reason for their arguments. Chris acknowledged that he began to emotionally withdraw from the relationship in 2007 as a way of lowering the conflict. He claimed that he attempted individual counseling but that it was ineffective. 1{e stated that he told Melissa to leave the marriage around that time because he felt she was always nagging and criticizing him. Melissa admitted that their relationship began to deteriorate at that time. However, she blamed it on him becoming more angry and threatening: She claimed that she had to call the police following an argument because she feared for her and Brady's safety. Melissa reported that the parties had a brief separation in 2008 because of Chris' behavior. However, she indicated that she moved back into the home within one week because Chris promised to get help with his anger. Melissa claimed that the relationship Rivers v. Rivers Page 11 of 17 remained chaotic, but livable, until May 2009 when Chris had his four wheeler accident. She explained that that was the first time she learned of how much alcohol he was consuming. She reported that she confronted Chris about his drinking but he denied that it was a problem. Melissa indicated that she decided to leave at that point and she moved out while Chris was at work in July 2009. Chris concurred that Melissa moved while he was at work. He reported that he had no knowledge of her intent and he was very hurt by the decision. Chris indicated that he agreed to the supervised visitation at that time because he was given the impression that the marriage was still able to be saved and that their separation was temporary. Melissa agreed that the parties talked of reconciliation. However, she claimed to have told him that he needed to get help for his anger and his drinking before she would consider moving back into the marriage. Bradyn "Brady" Paul Rivers Both parents described Brady as smart, happy, and well-mannered. Chris added that Brady is outgoing and loves to be outside. Melissa noted that Brady is talkative, intuitive, and empathic. Both acknowledged that he was shy around people he does not know but denied the presence of social problems. Each parent stated that he is generally in a good mood and they denied the presence of a temper or behavioral concerns. Melissa acknowledged that he can get in trouble for becoming "mouthy" or hitting during a temper tantrum but she denied it being a significant or frequent issue. She claimed that she uses a behavioral chart of rewards and consequences to control his behavior. Chris and Melissa acknowledged that he is advanced in his preschool and he does very well academically. Melissa indicated that he can become fidgety and have a hard time sitting still in preschool or in church. However, both parents acknowledged that he is mature for his age and that they get positive feedback from teachers and other parents about his behavior. Brady is reportedly a healthy child. He is currently not taking medications other than vitamins at each parent's home. Neither parent reported issues with Brady's sleep or appetite. They each reported appropriate bedtime and mealtime routines for the Brady. Brady was interviewed on three occasions. He was appropriately dressed and groomed for each of his visits. He presented as effervescent and energetic but he was not comfortable speaking with the evaluator. Brady was unwilling to separate easily from either of his parents for the interviews and he remained fairly unwilling to answer questions. Brady was able to acknowledge that he enjoys spending time with each of his parents and that he finds them both to be nice. Rivers v. Rivers Page 12 of 17 Christopher Rivers Chris presented on-time and appropriately groomed for his scheduled appointments. He was much slower to schedule his appointments than Melissa, but he did not appear resistant or defiant. He was well-mannered and cooperative. He initially was attempting to be deceptive or evasive about his use of alcohol, but when evidence was presented contradicting his claims, he quickly projected the blame to Melissa. More specifically, even when presented with the evidence, Chris was unwilling to fully accept responsibility for his drinking and stated that he "had to" in order to deal with how miserable he was in his marriage. His interview data also raised concerns about his awareness of the seriousness of his drinking issues. For example, Chris is seeking to be awarded custody of Brady on alternating weekends but he acknowledged that he currently drinks on the weekends. When asked if he would give up drinking for increased time with Brady, Chris stated that he did not think it was necessary because his drinking was no longer a problem. The results of Chris' MMPI-2 are significantly defensive. The MMPI-2 is a broad based personality inventory and does not measure parenting capacity. However, it provides a variety of hypotheses about personality functioning. Chris' responses indicate that he is likely rigid and uncompromising. There is evidence to suggest that he tends to blame others for problems and he has a difficult time understanding the impact of his actions on others. Men with similar profiles have a tendency to act out aggressively and may be described by others as grouchy, demanding, and disobedient of rules. Individuals with this profile tend to have a difficult time in relationships. These findings.are consistent with Melissa's claims about his anger and irritability as well as his demonstrated level of unawareness about his own behaviors. Chris' STAXI-2 is also significantly defensive and, therefore, difficult to interpret. The STAXI-2 looks at an individual's experiences and expressions of anger as well as whether an individual's anger is transient or chronic in nature. Chris completed the Parenting Stress Index as it pertains to Brady. The PSI allows the responder to answer questions regarding potentially stressful characteristics of the child as well as potential stressful characteristics of parenting. Chris's responses on this measure were also defensive, suggesting that he was, evasive in answering questions related to his role as a parent. With regards to the children, Chris denied experiencing Brady as distractible, demanding, or moody. He noted that he finds Brady's behaviors to be within acceptable limits. Chris was observed interacting with Brady in both the home and office settings. During each observation, Chris was active and involved. He showed a strong ability to communicate with Brady in an appropriate manner and he played at his developmental levels. Chris showed acumen at setting boundaries and limits on behavior. It was clear from both observations that Chris was very familiar with Brady's hobbies and interests. He remained positive and encouraging throughout. Rivers v. Rivers Page 13 of 17 Melissa Rivers Melissa presented on time and appropriately groomed for her scheduled appointments. She was well mannered with the evaluator and cooperative throughout. Melissa seemed genuinely concerned about the safety and welfare of Brady but appeared, at times, to be oversensitive to Chris' behaviors. For example, Melissa shared conversations between her and Chris which she perceived as abusive or threatening but they did not appear so to the evaluator. Throughout the evaluation, Melissa's anxiety was evident. She often sought assurances that she was handling situations correctly and she called the office to find out when Chris would be seeing the photographic evidence because she wanted to make sure that the security system in her home was turned on in case of retaliation. This level of anxiety, and the belief that Chris is going to hurt her, makes it hard to believe that she does not pass those feelings, intentionally or unintentionally, onto her son. Melissa appeared to attempt to control her anxiety by keeping meticulous records and notes about Chris and Brady. Melissa completed the MMPI-2 for the evaluation. Iier responses indicate that she was defensive when answering questions and reluctant to admit perceived shortcomings. She denied common human frailties and she tried hard to present herself as virtuous and moral. She, too, is likely rigid and uncompromising in her relationships. These findings are consistent with Chris' allegations of an inability to work cooperatively and her belief that her way of doing things with Brady was better than Chris'. Melissa's STAXI-2 is also significantly defensive and, therefore, difficult to interpret. The STAXI-2 looks at an individual's experiences and expressions of anger as well as whether an individual's anger is transient or chronic in nature. Melissa completed the Parenting Stress Index for the evaluation. With regards to Brady, Melissa denied experiencing Brady as distractible, demanding, or moody. She indicated that she finds Brady's behaviors to be within acceptable limits. On the parent domain, Melissa denied finding her role as a parent as restrictive or isolating and she expressed a belief that she feels a strong attachment to each child. She also indicated that she feels competent in her role as a parent. Melissa was observed interacting with Brady in both the home and the office setting. During each interaction, Brady appeared comfortable with his mother and showed an appropriate amount of affection and communication. Melissa was very willing to actively engage Brady in the activities he enjoys. During the home observation, she received a call from Brady's father. The home evaluator noted that he was able to hear Chris yelling at Melissa on the phone while Brady was in the room. Melissa appeared to be a loving and nurturing parent who has developed a strong, mutual attachment with Brady. Rivers v. Rivers Page 14 of 17 Recommendations: Christopher and Melissa Rivers currently share legal custody of their son, Brady. The parties have utilized a primary/partial custodial relationship since their separation in July 2009. Melissa is the primary physical custodian and Chris has periods of partial, supervised custody on Monday evenings and alternating Friday overnights. Chris is petitioning the Court for a change in custody, as he is seeking to have his periods of time increased to alternating weekends from Friday until Sunday and one evening per week. Furthermore, he is requesting that his visits no longer require supervision. Each party raised multiple concerns about the other parent. Allegations have been raised by both parties about angry and violent behavior, negative talk about the other parent in front of the children, an inability to co-parent effectively. Melissa expressed a belief that the conflict was having a negative effect on Brady and she attempted to get him enrolled in counseling. Chris was not willing to consent at that time because he did not feel Brady was showing any behavioral or emotional distress. Both Chris and Melissa appear to genuinely love Brady and they want to provide for him. They each described appropriate routines and physical care for the children. Brady reported that he enjoys spending time with his parents and values those relationships. Parent Reference Forms suggested that Brady behaves appropriately and seems happy in each parent's presence. There was no evidence of physical abuse. In observations, both parents demonstrated a strong relationship with Brady. He was affectionate with each of them and he appeared to enjoy his time spent with them. Melissa and Chris were both appropriate throughout the observations and they were able to set limits and offer appropriate communication and direction to Brady. Each parent described appropriate routines and schedules for Brady. Brady denied ever being scared or hurt by either of his parents. Chris alleged that Melissa is often controlling and possessive of Brady. He claimed that she has prevented him from having adequate time with his son. He further noted that she inhibits or prevents phone calls. Melissa denied preventing visitations or appropriate contacts between Brady and Chris. She presented email exchanges that show flexibility and accommodation in her scheduling for Brady and Chris. Her journal indicated that Christopher was more inconsistent in his availability for visits with Brady early on. Melissa explained that she ends phone conversations with Chris when she feels he is being inappropriate. She provided text messages in which he is angry and threatening. She claimed he is the same way on the phone when he is upset. The home evaluator overheard a phone call between Melissa and Chris in which he described Chris as yelling loudly at Melissa on the phone. Melissa's most significant concerns about Chris were his drinking behaviors and his alleged inability to control his anger. She presented significant evidence of alcohol abuse through photographs and emails. She claimed that he was abusing alcohol regularly Rivers v. Rivers Page 15 of 17 to the point of complete impairment. Much of this behavior was done when Brady was in the home. Chris was involved in a motor vehicle accident while intoxicated. His neighbors commented that Chris had a tendency to drink too much. Chris was initially deceitful and evasive about his use of alcohol. He denied any history of heavy use until he was confronted with the fact that the evaluator was given photographic evidence. He then acknowledged that he drank a lot historically, but he denied the current abuse of alcohol. Furthermore, he chose to blame his alcohol use on Melissa and her "constant nagging" of him. His lack of accountability is very distressing and a serious cause for concern. His family's unwillingness to acknowledge his problem is also a concern. Both of his parents and his sister denied that Chris has a drinking problem (or ever did) in their Parent Reference Forms. However, there are emails between Melissa and his mother Dar Heil in both 2007 and 2009 in which they discuss Chris' drinking. Ms. Heil is clear in her belief that he needs help in both emails. However, in the Parent Reference Form she completed for this evaluation, she denied him having a problem. This level of enabling by those that are supposed to supervise Chris' parenting of Brady is quite troubling. Chris' abuse of alcohol and unwillingness to acknowledge the problem raise significant "red flags" regarding his ability to control his behavior. Chris was unwilling to accept the idea of abstinence from alcohol as a means of getting custody back. He indicated that he is only a social drinker on weekends. Unfortunately, weekends are when he is seeking to be custodian of Brady. While Chris may not be a full blown alcoholic, his histories of binge drinking and alcohol abuse are very evident and never have been treated fully. Melissa presented as significantly anxious and over-sensitive, at times, in her relationship with Chris. She dealt with her anxiety by taking meticulous notes about alleged inappropriate acts by Chris and by becoming very protective of Brady. However, it seems that her level of fear and anxiety is at a level that will, if it has not already, have a negative impact on Brady and his relationship with his father. Melissa appears to believe that Chris is violently dangerous. She asked for advice about turning on a home security system on the days of Chris' appointments because she feared retaliation for the information she shared. Chris does not have a history of violence. While he may get angry and lash out verbally, there is little to no evidence to suggest that he would become physically destructive or violent. It is highly unlikely that Melissa is successfully able to hide these feelings from Brady all the time. More than likely, Brady is aware of her feelings about Chris and this contributes to his difficult time separating from her. Based on all of the information provided during the interviews, the results of the home evaluations, psychological testing, and the current peer-reviewed research, the following recommendations are given within reasonable degree of psychological certainty. Rivers v. Rivers Page 16 of 17 1. It is recommended that Melissa maintain primary physical custody of Brady. Based on the information presented, Melissa has always been the primary physical custodian for Brady and she does a very good job meeting his needs on a day-to-day basis. 2. It is recommended that Chris enroll in an alcohol treatment/education program to help him better understand the nature of alcohol abuse and its negative effects on relationships and family. It may be essential to involve Chris' family in the treatment so that they can better understand his behaviors and the need for them to be more critical of his behavior. Furthermore, it is recommended that Chris cease drinking alcohol immediately. If Chris is unwilling to abstain from alcohol use, it is recommended that his visits remain supervised until his treating therapist and the parenting coordinator determine that he is able to function effectively while drinking alcohol only at times when he does not have custody of Brady. 3. Once Chris has successfully completed an alcohol education class and proved that he is serious about maintaining his sobriety, it is recommended that he begin periods of unsupervised custody. a. It is recommended that his periods of unsupervised custody begin on a weekend day during the morning and afternoon hours. "These are times where he is less likely to be tempted to use alcohol. The goal is to develop a plan for gradually increasing his periods of unsupervised custody. For example, after three or four successful unsupervised visits, Chris could be awarded a mid-week evening visit which is also unsupervised. The next step after that would be both days of a weekend for eight hours unsupervised. After that has been completed successfully, one overnight on alternating weekends may be added and so on, until Chris has periods of unsupervised custody on alternating weekends from Friday evening until Sunday evening and one evening visit each week. 4. It is recommended that Brady be enrolled with a child therapist who is experienced in working with children from high conflict families. The therapist can work with each of the parents to help them speak to Brady appropriately and to answer his questions that he may have about his family and about his family's behavior. Furthermore, the therapist can offer Brady a safe environment to ask questions and process his emotions. 5. It is recommended that Melissa continue with her psychotherapy to address her significant levels of anxiety and to learn coping skills to help ensure that Brady is not exposed to Melissa's more irrational or overblown fears about Chris. 6. It is recommended that the parties work with a. Parenting Coordinator who can ensure that both parents follow through with requirements and that they act appropriately. If the Parenting Coordinator does not feel that Chris, or ;Melissa for Rivers v. Rivers Page 17 of 17 that matter, are continuing to act in the best interest of Brady, he or she may recommend a consideration for a change in legal and/or physical custody. The Parenting Coordinator should monitor Chris' progress in his alcohol education program and counseling to ensure compliance. 1Z d Date i i Kasey Shienvold, Psy. . Licensed Psychologist CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 O (Din ?lle Accorsi, al Secretary Dated: December 27, 2010 ?????? Barnhart, Jeanne From: riverself@verizon.net Sent: Monday, February 14, 20112:37 PM To: Cantor, Debra Subject: Fw: Get money yet dont think so found... Follow Up Flag: Follow up Flag Status: Flagged Text 1 from chris ------ SMS Text ------ From: 7173196905 Received: Feb 9, 2011 6:54 PM Subject: Get money yet dont think so found... Get money yet dont think so found another lawer Sent from my Verizon Wireless BlackBerry I ?x???? Barnhart, Jeanne From: riverself@verizon.net Sent: Monday, February 14, 2011 2:38 PM To: Cantor, Debra Subject: Fw: Funny how u magically have $ now. My response ------ SMS Text ------ To: 7173196905 Sent: Feb 9, 2011 6:57 PM Subject: Funny how u magically have $ now. Funny how u magically have $ now. And u wrote it down! Sent from my Verizon Wireless B1ackBerry 1 0 ?,,r za I'lloo ez Barnhart, Jeanne From: riverself@verizon.net Sent: Monday, February 14, 2011 2:39 PM To: Cantor, Debra Subject: Fw: Yep I rather pay a lawyer than u... Follow Up Flag: Follow up Flag Status: Flagged Final text from Chris ------ SMS Text ------ From: 7173196905 Received: Feb 9, 2011 6:58 PM Subject: Yep I rather pay a lawyer than u... Yep I rather pay a lawyer than u it was supposed to be paid for or I would never gone Sent from my Verizon Wireless B1ackBerry 1 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Y JA-bu . 7 Melissa A. Rivers Dated: 31q It I CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 ) _." Aq anne Barnhart, Legal Secretary aDated: -? J b? e?2? 5 MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant IN CUSTODY RULE TO SHOW CAUSE And now this - day of ?i•? y , 2011, a Rule to Show Cause is issued for Defendant to show cause as to why the relief requested should not be granted Rule returnable in "? U days. BY THE COURT: n -am ?r x" n ZO yr Distribution: 'Honorable Albert H. Masland N cn /Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pa., 17108-1166, (717) 237-5297 (phone), (717) 260-1667 (fax), /dcantor(cD-mwn.com •/ P. Richard Wagner, Esquire, Mancke, Wagner & Spreha, 2233 North Front Street, Harrisburg, Pa., 17110, (717) 234-7051, (717) 234-7080 (fax), prichardwagner ,-aol.com ies M(led IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4757 M M ©° -c -? aT FILED-OFFICE (f The PROTHONOTARY 2011 AP¢ -5 AM 10. 12 CUMBERLAND COUNT`( PENNSYLVANIA P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Defendant MELISSA A. RIVERS, Plaintiff, V. CHRISTOPHER M. RIVERS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-4757 IN CUSTODY ANSWER TO PETITION FOR CONTEMPT AND NOW, comes the Defendant/Respondent, Christopher M. Rivers, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Answer To Petition For Contempt as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. It is admitted that the Court had outlined a percentage payment of costs, however, no bill has been presented to date or substantiation of the basis for the $2,995.00. 13. Admitted in part and denied in part. It is admitted that there was request for payment outlined in the January 10, 2011 Order but it is expressly denied that the Exhibit "C" contains any reference to a specific amount of money. 14. Admitted that this text was received by the Respondent. 15. Admitted in part and denied in part. It is admitted that the Respondent sent an answer, however, it is denied that the intention was as suggested by the Petitioner herein. 16. Denied. It is denied that the text messages are clear and it is further denied that there is an intent of not complying with the terms of the January 100' Order. 17. Admitted. 18. Admitted. WHEREFORE, Respondent requests the Court to dismiss the Petition For Contempt. -2- 4. Respectfully submitted, P. Pjcb@OW Esquire A y I.D.#23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Defendant Dated: April 4, 2011 -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Date: // CERTIFICATE OF SERVICE I, Danette L. Oakes, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that 1 am this day serving a copy of the Answer To Petition For Contempt to the following persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rules of Appellate Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Debra Cantor, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1106 By u Dane a L. es, Secretary Mancke, Wag her & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: April 5, 2011 PROTHCP49TAR McNEES WALLACE & NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantora-mwn.com Attorneys for Plaintiff MELISSA A. RIVERS, Plaintiff/Movant V. CHRISTOPHER M. RIVERS, Defendant/Respondent AM 10: j 9 C'Ll1 STRLAND COUfdTY ?'E-NNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4757 : IN CUSTODY MOTION FOR ENTRY OF CONTEMPT ORDER AND NOW, comes Plaintiff, Melissa A. Rivers, by and through her counsel, McNees Wallace & Nurick LLC, and moves for the entry of an Order for Contempt as follows: Movant filed a Petition for Contempt, on March 11, 2011, for violation of the Court's Order, dated January 10, 2011. 2. On March 11, 2011, a Rule to Show Cause was served upon counsel for Respondent, giving Respondent and Respondent's counsel 20 days in which to file a responsive pleading. 3. Said responsive pleading was filed on April 5, 2011. All relevant averments contained within the Answer were admitted, except for the following: A. In paragraph 12, Respondent admitted that the percentage of payment was outlined and required by the Order, but claimed that no bill had been presented to date or substantiation of the basis for the $2,995.00. -1UJMJ>d °ou ft ?- ? L4 qUq 17 a4asnlY 4. By correspondence dated January 6, 2011, counsel for Respondent was provided with a copy of the invoice from Riegler and Shienvold which contained the bill and the exact calculation of the division. Said letter and invoice are attached hereto as Exhibit "A." Also on January 6, 2011, this Honorable Court was presented with a letter outlining the same allocation. Said letter was copied to Respondent's counsel. Said letter is attached hereto as Exhibit "B." 5. The remainder of the denials and partial denials are irrelevant because the violation of this Court's Order is admitted in the pleadings. 6. Of note, there is no averment that there is any intention to pay this obligation or that any attempts at payments were made. 7. Defendant's "Answer" provides no proof that he is not in contempt and such Ruling is appropriate for the Court to enter. WHEREFORE, Plaintiff, Melissa A. Rivers, requests this Honorable Court to enter a finding of Contempt as follows: Find Respondent in contempt. 2. Order full and final payment within fourteen (14) days of the date of this Order, and attach statutory interest at a rate of 6% per annum from the date the obligation was due until paid. 3. Order Respondent to pay fees and costs of $750. 4. Should Respondent fail to pay his obligations within the next two (2) weeks, Order that a judgment be entered for the lump sum of $3,745, plus statutory interest. 2 5. Further, Respondent should be liable for any all fees and costs over and above this amount which are necessary for Movant to collect on this judgment amount. Respectfully submitted, McNEES WALLACE & NURICK LLC By ebr . Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor .mwn.com Attorneys for Plaintiff Melissa A. Rivers Dated: 'tl7 / 3 ????? McNees Wallace & Nurick LLc 100 Pine, Street • PLO B"M 1166 » Ha,ri-hulfg, PA 17108-1166 Tefi: 717.232.81. £ Fax: 71 77,2"T-5313") January 6, 2011 P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 RE: Melissa A. Rivers v. Christopher M. Rivers C.C.P. Cumberland Co. No. 09-4757 In Custody Dear Rich: Debra D. Cantor Direct Dial: 717.237.5297 Direct Fax: 717.260.1667 dcantor@mwn.com Enclosed please find the receipt provided by Reigler Shienvold in regard to the above-captioned matter. Pursuant to the Order, the Court has indicated that the parties are to divide the balance equally between them. My calculations indicate that the full and final cost of this matter was $5,990.00, divided in half would be $2,995.00 owed to your client pursuant to the terms of the Order. Please have him pay Melissa directly. Your attention is appreciated. Very truly yours, McNEES WALLACE & NURICK LLC By ebr antor DDC/Ibl Enclosure EELS CUP Y www.mwn.com RIVERSQV RIVERS RIVERS, MELISSA -D custody Evaluation O Custody Mediation STATEMENT O Divorce Nlediation RIEGLER, SHIENVOLD & ASSOCIATES 0 Co-parenting 2151 LINGLESTO\VN ROAD. SUITE 200 ID Reunification HARRISBURG, PA 17110 717-540-1313 Other Rcsponsiblc for ? 0 ? . DDn Arnold T. Shicnvold X)Ur. Rasev E. Shicm old Hourly rate ----$-J--7-5 DATE TOTAL CREDITS BAIAWCE ? FEE PAYMENTS AW. II ? ? ? di, n? c plu T ??? L .. V L l/ V 1. ?J`? - _j_. A- C?1 I !tip r - ( J - ?.. c 1 1. , CE - CUSTODY EVALUATION MMPI/MCMVSTAXI/PSI - PSYCOLOGICAL TESTING HV - HOME VISIT szs„c-0_ns yf? Mi Custody Evaluation ti• t? Custody Mediation I 111 ' STATEMENT •D Divorce Mediation RIECLER, SHIENVOLD S ASSOCIATES .) Co-porcnting 3151 LINGLESTOWN ROAD, SUITE 300 ) Reunification HARRISBURG, PA 17110 ,) Other _ 717-530-1313 Rc%ponsible for % ODr. Arnold T. Shienvold ODr. Kascy E. Shienvold Hourly rate DATE TOTAL CREDITS BALANCE FEE PAYMENTS ADJ. ' h 1 ? 7 r n U 1-b c U- T, i t 1 1 - 7 T r) I, '6xa 111fluitc - j t"- J Oki CE - CUSTODY EVALUATION MMP11MCMI/STAXVPSI - PSYCQLOGICAL TESTING HV - HOME VISIT srz=sucocoa 0000 McNees Wallace & Nurick LLc 100 Pine Strut » PQ Box 1166 • Harrisburg, PA 17108-1166 lei: 717.2? 2.8000 - Fax: 717.237.5300 January 6, 2011 The Honorable Albert H. Masland Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013-3387 RE: Melissa A. Rivers v. Christopher M. Rivers C.C.P. Cumberland Co. No. 2009-4757 In Custody Dear Judge Masland: Debra D. Cantor Direct Dial: 717.237.5297 Direct Fax: 717.260.1667 dcantor@mwn.com As we discussed in chambers on December 27, 2011, the parties in the above-captioned matter have come to a resolution. Attached for your signature are two orders. The first outlines the custody agreement of the parties. As you will note Deborah Salem is being appointed as a parent coordinator in this matter. We are currently finalizing a parent coordinator order for signature after review by the coordinator. I expect to have that to you by next week. I am also attaching a copy of the Motion which was filed on the date of our hearing in the event that you have not received such as of yet. As you may recall, Mr. Wagner and I argued the Motion on the Allocation of Costs in your chambers. You indicated an equal allocation of costs was appropriate. We have been able to get the invoice from Dr. Kasey Shienvold and have calculated the 50% division. I ask that you enter these orders as soon as possible so that the parties may proceed. i r-. www.mwn.com The Honorable Albert H. Masland January 6, 2011 Page 2 The Parent Coordinator Order will arrive shortly. Your attention is appreciated. Respectfully, McNEES WALLACE & NURICK LLC r By Debra D. Cantor DDC/Ibl Attachments CC' P. Richard Wagner Melissa Rivers CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 rnneiamhart, Legal Secretary Dated: q?--7 / I S MELISSA A. RIVERS IN THE COURT OF COMMON PLEAS , Plaintiff/Movant CUMBERLAND COUNTY, PENN%c2L\IIAn V. NO. 09-4757 cn? po ? ?o® CHRISTOPHER M. RIVERS, IN CUSTODY r -x °o Defendant/Respondent ?° 'v = zQ K ORDER AND NOW, this day of , 2011, upon consideration of Plaintiffs Motion for Continuance, said Motion for Continuance is hereby GRANTED. The hearing previously scheduled for June 30, 2011, at 2:30 p.m., is continued to q&L 13 , 2011, at -2- 30 D.m., in courtroom no. 5 , of the Cumberland County Courthouse. BY THE COURT: J. Distribution: Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166; 717-237-5297 (phone); 717-260-1667 (fax); dcantorAmwn.com P. Richard Wagner, Esquire, Mancke, Wagner & Spreha, 2233 North Front Street, Harrisburg, Pa., 17110, (717) 234-7051, (717) 234-7080 (fax), prichardwagner@aol.com .1161 ON, C'Oe-s ? it MELISSA A. RIVERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTOPHER M. RIVERS, Defendant 09-4757 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of July, 2011, upon consideration of Plaintiff's petition for contempt, Defendant's answer, Defendant's motion for modification and the hearing resulting therefrom, we find that the Defendant was given notice of a valid order of Court, to wit, the Court's order of January 10, 2011, has the present ability to pay the order, and has willfully disobeyed the order, and, therefore, we find Defendant in contempt. The Defendant is ordered to make the payment of $4,245, which includes $2,995 for the custody evaluation, and $1,250 for costs. The Defendant is directed to make said payment within 30 days of the date of this order, barring any installment agreement that is agreed to by Plaintiff. Should Defendant fail to pay this order or enter into a mutually agreed-upon installment plan, a judgment shall be entered for the lump sum of $4,245 plus statutory interest from this date forward. Finally, the Defendant will be liable for any fees and costs over and above this amount which are necessary for the Plaintiff to collect on this judgment amount. By the Court, lp'nob NV1 , gAlbert H. Mas and, ' e ql kv 81 lnr lloZ Debra Denison Cantor, Esquire 100 Pine Street Harrisburg, PA 17108-1166 For the Plaintiff j/ P. Richard Wagner, Esquire 2233 N Front St Harrisburg PA 17110 For the Defendant pcb ,?pies 0i ct , I ed 7 ! ?>I p ?! l MELISSA A. RIVERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA h 2009-4757 CIVIL ACTION LAW cr, w -: C::) CHRISTOPHER M. RIVERS IN CUSTODY ? DEFENDANT - ? ORDER OF COURT AND NOW, _ Friday, March 30, 2012 , upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4tb Floor, Cumberland County Courthouse, Carlisle on Friday, April 13, 2012 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an of-fort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. - .- FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. j 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 ?o V /Mda eel it r ro?°y In /?/rz MELISSA A. RIVERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 1 CHRISTOPHER M. RIVERS, NO. 2009-4757` Defendant IN CUSTODY > > c ; -? ORDER AND NOW, this day of April, 2012, the Conciliator being advised the parties have signed a stipulation and a custody conciliation conference is no longer needed, the Conciliator relinquishes jurisdiction. 64V Hubert X. Gilroy, E; Custody Conciliator C--,) MELISSA A. RIVERS, Plaintiff V. CHRISTOPHER M. RIVERS, Defendant All IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4757 IN CUSTODY ORDER AND NOW, this A/ day of ,i , 2012, the Stipulation for Custody dated April 5, 2012 shall be entered as an Order of Court. J. C-) MW Ae. =-n Z:rj it7 -'a w ,Ar- -<A m o, < C ? -Q =-n C C t-*•s Distribution: Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166; 717-237-5297 (phone); 717-260-1667 (fax); dcantor(a-mwn.com P. Richard Wagner, Esquire, Mancke, Wagner & Spreha, 2233 North Front Street, Harrisburg, Pa., 171!10,(r(717) 234-7051, (717) 234-7080 (fax), prichardwagnera-aol.com ?O r s=S rn?? l? r , STIPULATION FOR CUSTODY This Custody Stipulation is made this day ofr , 2012, by and between MELISSA A. RIVERS n/k/a MELISSA A. HENNING (hereinafter "Mother"), and CHRISTOPHER M. RIVERS (hereinafter "Father"); WHEREAS, the parties are the natural parents of one minor child, namely Bradyn Paul Rivers, date of birth: December 24, 2005 (hereinafter "Child"); WHEREAS, the parties are subject to a Custody Order dated January 10, 2011 which calls for supervised custody for Father; WHEREAS, Father filed a Petition for Modification on or about March 20, 2012; WHEREAS, the parties wish to resolve their custody matters without going to Court and in the best interest of their child; NQW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Shared Legal Custody. Mother and Father shall share legal custody of the Child. Joint legal custody means both parents have the right to control and share in making decisions of importance in the life of the Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental, and other important records. W, As soon as practicable after the receipt by a party, copies of the Child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the Child with healthcare providers, as soon as practicable after scheduling, but in no event less than 24 hours in advance thereof so that the other party can attend, or 30 minutes in advance if it is a last minute appointment. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Child's day-to-day living shall be made by the party then having physical custody, consistent with the other provisions of this Custody Stipulation. 2. Physical Custody. Mother shall have primary physical custody and Father shall have rights of partial custody as follows: A. During the School Year. Every Tuesday, from 4:00 p.m. until 7:30 p.m., unsupervised. Father shall exercise this unsupervised custody at least four weeks before additional custodial time can be added. ii. Upon the agreement of Mother and Father and the Child's therapist, Father shall add every other Friday night, from 4:00 p.m. until 8:00 p.m. Father shall exercise this additional unsupervised custody for a period of at least four weeks before additional custodial time will be added. Upon the agreement of the Mother, Father, and the Child's therapist, Father shall then add every other Sunday (which falls on the same weekend as Friday evening visits), from 12:30 p.m. to 6:30 p.m., unsupervised. 2 r , iv. Upon the agreement of Mother, Father, and child's therapist, Father will follow this complete schedule for a period of at least four weeks. Thereafter, Father may begin exercising one of his custodial Fridays per month as an overnight as long as the custodial time occurs at his home and in this presence of another adult approved by Mother. This overnight shall be from 4 p.m, on a Friday to an agreed upon time on Saturday. B. Summer. Once Father has increased his custodial schedule to include all of the above time frames, during the summer, the Tuesday custodial time will extend until 8:00 p.m. and the Friday custodial time will extend until 9:00 p.m. 3. The parties recognize that up until this point Father has exercised only supervised custody and this gradual increase in unsupervised time is specifically conditioned on Father's compliance with the following conditions: A. Father may not consume alcohol during his custody times; B. The Child shall be permitted to have a cellular phone on his person and be permitted to call his Mother as he wishes. Mother agrees to provide the phone to Child; C. Father shall refrain from taking naps during his custodial time; D. Father will not allow Child to ride on a motorcycle, ATV, 4 -wheeler or any other vehicle other than an automobile; E. Father shall attend the Child's therapy sessions at least one time every two months. Mother will schedule these appointments between 3:00 p.m. and 4:00 p.m. so as not to unnecessarily disrupt Father's work schedule; 3 F. Father agrees to follow the recommendations of the therapist in order to assure the continuation of his unsupervised visits. In the event that Father fails to comply with these contingencies, he shall no longer be entitled to unsupervised visits and the schedule shall revert to that contained in the Order dated January 10, 2011. 4. Transportation. The party assuming custody shalt be responsible for transportation. In the event that Father does not present for his custodial visit within 30 minutes of the scheduled time, that absence shall constitute a waiver of the custodial time. 5. Holidays. A. The parties shall alternate Memorial Day, July 4th and Labor Day, with Mother exercising custody on Memorial Day and Labor Day in even numbered years, and with Father exercising July 4th in even-numbered years. The parties shall alternate thereafter. B. Easter. Mother shall have custody on Easter from 9:00 a.m. on until 3:00 p.m., and Father shall have custody from 3:00 p.m. until 9:00 p.m. on Easter. C. Thanksgiving. Mother shall exercise custody from 9:00 a.m. to 3:00 p.m., and Father shall exercise custody from 3:00 p.m. to 9:00 p.m. on Thanksgiving Day. D. Christmas. In even-numbered years, Mother shall have custody on Christmas Eve from 9:00 a.m. to 2:00 p.m., Father shall have custody on Christmas Eve from 2:00 p.m. to 7:00 p.m. Mother shall have custody from 7:00 p.m. on Christmas Eve until Christmas Day at 4:00 p.m. Father shall custody on Christmas Day from 4:00 4 t p.m. to 9:00 p.m. In odd-numbered years, Mother shall have custody of the Child from 9:00 a.m. to 2:00 p.m. on Christmas Eve, Father shall have custody of the Child from 2:00 p.m. to 9:00 p.m. on Christmas Eve. Mother shall have custody of the Child on Christmas Day. E. Mother's Day and Fathers Day. Mother shaft have custody of the Child on Mothers Day and Father shall have custody of the Child on Father`s Day. 6. Vacation. In 2012, Father shall be entitled to four overnights for vacation purposes. Father may exercise this custodial time over two weekends or in one extended four night trip. In 2013, Father's vacation schedule will extend to five overnights. In 2014, Father's custodial vacation time shall extend to six overnights, and in 2015, Father's custodial schedule shall extend to seven overnights. Notwithstanding the unsupervised time outlined above, all vacations must include another adult pre- approved by Mother. 7. Disparaging Remarks. Neither party shall disparage the other party in front of the child, attempt to alienate the affections of the child from the other party, or allow third parties to attempt to alienate the affections of the child from the other party. 8. Parent Coordinator. The parties agree that Deb Salem will remain the Parent Coordinator in this case. To the extent that Deb Salem requires the execution of an additional Parenting Coordinator Agreement and/or Order, the parties will comply with this request. The parties specifically understand that if any of the contingencies and requirements contained in this Order are not followed, Deb Salem will be made aware of this violation and will be empowered to make adjustments to this Order 5 including the loss of certain custodial time and/or a return to supervised custody. IN WITNESS WHEREOF, pursuant to Pa. R.C.P. 1915.7, the parties having reached an agreement and intending to be legally bound thereby, and with the desire that this Stipulation be entered as an Order of Court, hereby set their hand and seals on the date first written above. Witness Dated: 1 Witn4 s Melissa A. Rivers nikla Melissa A. Henning Dated: /? Christopher M. Rivers Dated: z 6 a, ' f. COMMONWEALTH OF PENNSYLVANAA : COUNTY OF C_' Anbc A-.z SS: On this, the ? day of _, 2012, before me, the undersigned officer, personally appeared MELISSA A. RIVERS NXIA MELISSA A. HENNING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. In WITNESS WHEREOF, i hav"ereunto set my hand and seal. COOMIONWEALTH OF KITTY M, SO M $I= SPRMOTOWNS10,.CU40ALW COUNTY W COS IGN EXPM JMtY39IM COMMONWEALTH OF PENNSYLVANIA : % SS: COUNTY OF Cam, .1. On this, theme day of Aj , 2012, before me, the undersigned officer, personally appeared CHRISTOPHER M. RIVERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. In WITNESS WHEREOF, i have hereunto set my hand and seal. COM11ONWEALTH OF ubFic 7 KITTY IL SMITH SILVER SPRNIGTOWNSI#P, CUMM"M COUNTY MY COIOIMSSION EXPIRES JULY 29,2013