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HomeMy WebLinkAbout04-2339Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA KRIS W. KELLEY NO. 0 y rZ 319 L ( *? /w Plaintiff, v. Civil Action - Custody RACHEL J. RHINE Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Kris W. Kelley, an adult individual, sui juris, who resides at 240 Old Laudermilch Road, City of Hershey, County of Dauphin, Commonwealth of Pennsylvania, 17033. 2. The Defendant is Rachel J. Rhine, an adult individual, sui juris, whose ]mown mailing address is 205 Plaza Drive, City of Boiling Springs, County of Cumberland, Commonwealth of Pennsylvania, 17007. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Alexis Evelyn Rhine 205 Plaza Drive, Boiling Springs, PA 17007 10 mos 4. The child were bom out of wedlock. 5. The child is presently in the custody of Plaintiff. 6. During the past five years, the child has resided with the following persons and at the following addresses: Person Address Dates Rachel J. Rhine 205 Plaza Drive, Boiling Springs, Pa 17007 Birth to present 7. The mother of the child is Rachel J. Rhine. 8. She is single. 9. The father of the child is Kris W. Kelley. 10. He is single. 11. The relationship of plaintiff to the child is that of biological father. 12, The plaintiff currently resides with the following persons: Name Relationship Gerald Giansanti Friend 13. The relationship of defendant to the child is that of biological mother. 14. The defendant currently resides with the following persons: Name Relationship Alexis E. Rhine Daughter 15. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has maintained a relationship with the child that has provided for the physical, intellectual, emotional and spiritual well being of the child. C, Plaintiff has a safe and suitable home environment for the child. d. Plaintiff is more likely to protect and promote defendant's custodial time with the child than defendant is to ensure plaintiff's ongoing contacts 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name NONE Address Basis of Claim WHEREFORE, plaintiff, Kris W. Kelley, requests the court to grant him custody of the child. Respectfully Submitted, LEE E. b Fete E. Attorney I.D.# 71320 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 Attorney for Plaintiff, John R. Calhoun VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Kris Kelley Date: S/L/p? C> ? G n L; ? i19 n) ? "l L7 a O N KRIS W. KELLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2004-23:39 CIVIL TERM RACHEL J. RHINE, Defendant IN CUSTODY CROSS-COMPLAINT FOR CUSTODY AND NOW comes the Defendant, Rachel J. Rhine, by her attorneys, Irwin & McKnight, and presents the following Cross-Complaint for Custody. 1. The Defendant, Rachel J. Rhine, is an adult individual with an address of 205 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Plaintiff, Kris W. Kelley, is an adult individual with an address of 240 Old Laudermilch Road, Hershey, Dauphin County, Pennsylvania 17033. 3. The parties are the natural parents of one (1) child, namely, Alexis E. Rhine, born July 2, 2003, who is eleven (11) months old. 4. The Defendant desires that the parties have shared legal custody of the minor child, Alexis E. Rhine. 5. The Defendant desires primary physical custody of the minor child, Alexis E. Rhine, with periods of temporary physical custody to Plaintiff as the parties agree is in the best interest of said minor child. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Defendant's request as set forth above. WHEREFORE, the Defendant, Rachel J. Rhine, respectfully requests that she be awarded primary physical custody and shared legal custody of Alexis E. Rhine, as provided herein, with periods of temporary physical custody to Plaintiff as provided herein. Respectfully submitted, IRWIN & By: "C074 Marcus L Mc ig , III, Esq. Attornevfor Defe ant 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 1. 2004 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. NA ? a i'!11 RACHEL I R E Date: JUNE 1, 2004 ? Q ?L /V ?./ 1 cn ? o -„ ? T_ ? f?l? ? Z1 -- _'C ??'j c'1 ?('fi < W 1 (.J '? KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2339 CIVIL ACTION LAW RACHEL J. RHINE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday June 03, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before -Dawn S. Sunday Esqo the conciliator, Wednesday, June 30, 2004 at 10:00 AM at 39 West Main Street Mechanicsburg PA 17055 on for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all 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/ Dazr?n S Sunk y Fait ----- --mhc 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 A?Ih i; t7 KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2339 CIVIL ACTION LAW RACHEL J. RHINE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday June 09, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Wednesday, June 30, 2004 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ DaMU S. Sunday_ FLo. mho 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 AP hay X19 a?s'14 E, - r" (li"' llE Z KRIS W. KELLEY, Plaintiff VS. RACHEL J. RHINE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-2339 CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please withdraw the appearance of Lee E. Oesterling, Esquire, on behalf of the Plaintiff, Kris W. Kelley, and enter the appearance of Diane M. Dils, Esquire, on behalf of the Plaintiff, Kris W. Kelley. Respectfully submitted, BY: Lee E. Wig', Esquire' 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 I.D. No. 71320 Date: ?i4?11eox Respectfully submitted, 7 Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 c J ? CJ o r '11 __ C` nl T ..?.. N -i m n c: _ ? ?O ?; ??-:. fV .. Ta .4 O 7 --.1 KRIS W. KELLEY vs. JUL 2 2 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 04-2339 RACHEL J. RHINE Defendant IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this - day of consideration of the attached Custody Conciliation Repo , it is tiered and directed as follo 004, upon ws: 1. The Mother, Rachel J. Rhine, shall have primary physical custody of Alexis Evelyn Rhine, born July 2, 2003. 2. The Father, Kris W. Kelley, shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have periods of custody with the Child at LeTort Park in Carlisle which shall be supervised by the Mother's sister (or other third party agreed upon between the parties) on Saturday, July 17, 2004 from 10:00 a.m. until 11:30 a.m. and on Sunday, July 18, 2004 from 10:00 a.m. until 11:30 a.m. B. Pending the additional conciliation conference, the Father shall have partial physical custody of the Child (unsupervised) on the following dates from 10:00 a.m. until 4:00 p.m.: Tuesday July 20, Sunday July 25, Saturday July 31, Sunday August 1, Tuesday August 3, Sunday August 8, Saturday August 14, Sunday August 15, Tuesday August 17, Sunday August 22, Saturday August 28, Sunday August 29, Tuesday August 31, and Sunday September 5. 3. Unless otherwise agreed between the parties, the Father shall pick up the Child at the beginning of his periods of custody and the parties shall exchange custody of the Child at the end of the Father's custodial periods at the Capital City Mall food court maim entrance. For the initial supervised periods of custody, the Father shall meet the Mother's sister and the Child at the park. 4. All telephone contact between the parties shall be strictly limited to the discussion of issues concerning the Child. The Father's telephone contact with the Mother shall be limited to no more than two times per week when the Father does not have custody of the Child. 5. The parties shall make arrangements to participate in a course of therapeutic counseling for the purpose of improving communication and establishing an effective co-parenting relationship. The Mother shall select the counselor and notify the Father of her selection. The Father shall begin initially with an individual session with the counselor. Thereafter, the Mother shall initiate individual counseling with the counselor. Thereafter, the parties shall follow the recommendations of the counselor with respect to the parties' readiness to engage in joint sessions. 6. The parties and their counsel shall attend a follow-up conciliation conference in the office of the conciliator, Dawn S. Sunday, on September 8, 2004 at 10:30 a.m. for the purpose of reviewing the custodial arrangements. If necessary, counsel for either party may contact the conciliator to arrange a conference call to address interim issues prior to the follow-up conciliation conference. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc:L/Diane M. Dils, Esquire - Counsel for Father ,/Marcus A. McKnight, III, Esquire - Counsel for Mother V (S?, - 6? yinlyAl:.Si????d Gz :s RV 9z Inc aooz htVi 3o? 31U 1 ?0 KRIS W. KELLEY vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2339 CIVIL ACTION LAW RACHEL J. RHINE Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexis Evelyn Rhine July 2, 2003 Mother 2. A conciliation conference was held on July 15, 2004, with the following attendance: The Father, Kris W. Kelley, with individuals in his counsel, Diane M. Dils, Esquire, and the Mother, Rachel J. Rhine, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. (9 2 .,) ?/ Date Dawn S. Sunday, EsquireU ---- Custody Conciliator KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2339 CIVIL ACTION LAW RACHEL J. RHINE Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 27, 2004 is vacated and replaced with this Order. 2. The Father, Kris W. Kelley, and the Mother, Rachel J. Rhine, shall have shared legal custody of Alexis Evelyn Rhine, bom July 2, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terns of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. The Father shall have partial physical custody of the Child on the following bi-weekly schedule: A. Week I - During Week 1, the Father shall have custody of the Child on Thursday from 6:00 p.m. (after work) until between 9:30 and 10:00 p.m., for which the Father shall provide all transportation. In addition, the Father shall have custody from Friday at 5:30 p.m. when the Father shall pick up the Child at the Mother's residence, through Sunday at 8:00 p.m., when the parties shall exchange custody at the Capital City Mall. B. Week II - During Week 2, the Father shall have custody of the Child from Tuesday at 10:00 a.m. when the Father shall pick up the Child at the Mother's residence, through Wednesday at 9:50 a.m., when the Mother shall pick up the Child at the Father's place of employment. In addition, the Father shall have custody of the Child from Sunday at 10:00 a.m. when the Father shall pick up the Child at the Mother's residence through Monday at 11:50 a.m., when the Mother shall pick up the Child at the Father's place of employment. C. The Father may have additional periods of custody with the Child as arranged by agreement between the parties. The parties agree that it is their intention to be flexible in agreeing to make any necessary adjustments to the schedule in order to benefit the Child. 4. The parties agree that the Father will pay $6.00 per exchange of custody to the Mother in the event the Mother travels further than the Capital City Mall from her residence for the exchange. 5. The parties shall share or alternate having custody of the Child on holidays as follows A. Christmas: In 2004, the Mother shall have custody of the Child from Christmas Eve through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 28 at 9:50 a.m., when the Mother shall pick up the Child at the Father's place of employment. The parties agree to share having custody of the Child over the Christmas holiday in subsequent years as arranged by agreement. B. New Year's: The parties shall share having custody of the Child over the New Year's holiday with the Mother having custody in odd numbered years and the Father having custody in even numbered years. In 2005, the Mother shall have custody of the Child for New Year's Day and the Father shall have custody from January 2 at 10:00 a.m. through January 3 at 11:50 a.m., unless otherwise agreed between the parties. C. Thanksgivine: In even numbered years, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 8:30 p.m. through the Friday after Thanksgiving at 8:00 p.m. and the Mother shall have custody of the Child over Thanksgiving for the same period in odd numbered years. D. Easter: The parties shall alternate having custody of the Child on Easter Sunday from 10:00 a.m. until 8:30 p.m., with the Father having custody in odd numbered years and the Mother having custody in even numbered years. E. Memorial Da Labor Day: In even numbered years, the Father shall have custody of the Child on Memorial Day and the Mother shall have custody on Labor Day and in odd numbered years, the Mother shall have custody of the Child on Memorial Day and the Father shall have custody on Labor Day. F. Independence Dav: In 2005, the Father shall have custody of the Child from after work on July 1 through July 2 at 8:00 p.m., the Mother shall have custody from July 2 at 8:00 p.m. through July 4 at 10:00 a.m. and the Father shall have custody from July 4 at 10:00 a.m. through July 5 at 8:00 p.m. In subsequent years, the parties shall make arrangements to share having custody over the July 4th holiday in conjunction with the Child's birthday by agreement. G. Halloween Trick or Treat Night: Each party shall be entitled to have custody of the Child for Trick or Treat Night in that party's community each year. H. Valentine's Da v: The parties shall share or alternate having custody of the Child on Valentine's Day each year as arranged by agreement. In 2005, the Mother shall pick up the Child at the Father's employment on Valentine's Day at 11:50 a.m. I. Mother's Day/Father's Day: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day with the specific times to be arranged by agreement. J. Parties' Birthdays: Each parent shall be entitled to have custody of the Child on his or her birthday each year with the specific times to be arranged by agreement. K. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. L. Unless otherwise agreed between the parties, the Father shall pick up the Child at the Mother's residence at the beginning of his periods of custody and the parties shall exchange custody at the end of the Father's periods of custody either at the Capital City Mall or at the Father's place of employment when the Father is working. 6. Each party shall be entitled to have custody of the Child for vacation each year for no more than 3 consecutive overnights three times per year upon providing at least 30 days advance notice to the other party. The parent providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 7. In the event either party intends to take the Child out of the Commonwealth of Pennsylvania for an overnight period or longer, that parent shall notify the other parent in advance of the date of departure and return, an emergency telephone number and the address of the place where the Child will be staying. The party removing the Child from Pennsylvania under this provision shall contact the other parent by telephone upon arrival at the destination. 8. All telephone contact between the parties shall be strictly limited to the discussion of issues concerning the Child. The Father's telephone contact with the Mother shall be limited to no more than two times per week when the Father does not have custody of the Child. 9. The parties shall make arrangements to participate in a course of therapeutic counseling for the purpose of improving communication and maintaining an effective co-parenting relationship. The parties shall follow the recommendations of the counselor with respect to the parties' readiness to engage in joint sessions. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc:/Di e M. Dils, Esquire - Counsel for Father achel J. Rhine, Mother J Gq ??-OY Edward E. Guido I. UTI _j SEP 1 6 20K KRIS W. KELLEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RACHEL J. RHINE Defendant Prior Judge: Edward E. Guido 04-2339 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexis Evelyn Rhine July 2, 2003 Mother 2. A conciliation conference was held on September 8, 2004, with the following individuals in attendance: The Father, Kris W. Kelley, and the Mother, Rachel J. Rhine. 3. The parties agreed to entry of an Order in the form as attached. ?e?n?lu 131 d-oo'{ 4?- Date Dawn S. Sunday, Esquire Custody Conciliator KRIS W. KELLEY, Plaintiff VS. RACHEL J. RHINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 2339 CIVIL ACTION - LAW CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER AND NOW, this day of May 2006, comes the Plaintiff, Kris W. Kelley, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff, Kris W. Kelley, is an adult individual currently residing at 139 Maytown Road, Elizabethtown, Pennsylvania 17022. 2. The Defendant, Rachel J. Rhine, is an adult individual currently residing at 205 Plaza Drive, Boiling Springs, Pennsylvania 17007. 3. The Plaintiff and Defendant are the natural parents of one child; namely: Alexis Evelyn Rhine, born July 2, 2003. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated September 20, 2004, setting forth the custodial arrangements of the parties. 5. The Plaintiff, Kris W. Kelley, has obtained different employment and as a result of the same, his work schedule has changed and he is now employed Monday through Friday from 8:00 a.m. until 5:00 p.m. 6. The Order of Court attached hereto does not provide the Plaintiff, Kris W. Kelley, with periods of partial custody which coordinate with his work schedule. 7. The Defendant, Rachel J. Rhine, is not employed and is home with the child every day. 8. It is necessary to modify the Order of Court for Custody to provide for periods of partial custody between Father and the minor child. 9. In addition, Father is requesting specific requests concerning telephone contact, transportation modification, and additional periods of partial custody with his daughter. 10. The Plaintiff, Kris W. Kelley, believes that it is in the best interest of his daughter that he be granted additional partial custody. WHEREFORE, the Plaintiff, Kris W. Kelley, respectfully prays your Honorable Court to schedule this matter for a Conciliation Conference to modify the current Order of Court. Respec y su itted, Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 • • Exhi bi+ A RE c, j , By KRIS W. KELLEY Plaintiff vs. RACHEL J. RHINE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2339 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ? day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 27, 2004 is vacated and replaced with this Order. 2. The Father, Kris W. Kelley, and the Mother, Rachel J. Rhine, shall have shared legal custody of Alexis Evelyn Rhine, born July 2, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. The Father shall have partial physical custody of the Child on the following bi-weekly schedule: A. Week I During Week 1, the Father shall have custody of the Child on Thursday from 6:00 p.m. (after work) until between 9:30 and 10:00 p.m., for which the Father shall provide all transportation. In addition, the Father shall have custody from Friday at 5:30 p.m. when the Father shall pick up the Child at the Mother's residence, through Sunday at 8:00 p.m., when the parties shall exchange custody at the Capital City Mall. B. Week II - During Week 2, the Father shall have custody of the Child from Tuesday at 10:00 a.m. when the Father shall pick up the Child at the Mother's residence, through Wednesday at 9:50 a.m., when the Mother shall pick up the Child at the Father's place of employment. In addition, the Father shall have custody of the Child from Sunday at 10:00 a.m. when the Father shall pick up the Child at the Mother's residence through Monday at 11:50 a.m., when the Mother shall pick up the Child at the Father's place of employment. C. The Father may have additional periods of custody with the Child as arranged by agreement between the parties. The parties agree that it is their intention to be flexible in agreeing to make any necessary adjustments to the schedule in order to benefit the Child. 4. The parties agree that the Father will pay $6.00 per exchange of custody to the Mother in the event the Mother travels further than the Capital City Mall from her residence for the exchange. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In 2004, the Mother shall have custody of the Child from Christmas Eve through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 28 at 9:50 a.m., when the Mother shall pick up the Child at the Father's place of employment. The parties agree to share having custody of the Child over the Christmas holiday in subsequent years as arranged by agreement. B. New Year's: The parties shall share having custody of the Child over the New Year's holiday with the Mother having custody in odd numbered years and the Father having custody in even numbered years. In 2005, the Mother shall have custody of the Child for New Year's Day and the Father shall have custody from January 2 at 10:00 a.m. through January 3 at 11:50 a.m., unless otherwise agreed between the parties. C. Thanksgiving: In even numbered years, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 8:30 p.m. through the Friday after Thanksgiving at 8:00 p.m. and the Mother shall have custody of the Child over Thanksgiving for the same period in odd numbered years. D. Easter: The parties shall alternate having custody of the Child on Easter Sunday from 10:00 a.m. until 8:30 p.m., with the Father having custody in odd numbered years and the Mother having custody in even numbered years. E. Memorial Day/Labor Day: In even numbered years, the Father shall have custody of the Child on Memorial Day and the Mother shall have custody on Labor Day and in odd numbered years, the Mother shall have custody of the Child on Memorial Day and the Father shall have custody on Labor Day. F. Independence Day: In 2005, the Father shall have custody of the Child from after work on July 1 through July 2 at 8:00 p.m., the Mother shall have custody from July 2 at 8:00 p.m. through July 4 at 10:00 a.m. and the Father shall have custody from July 4 at 10:00 a.m. through July 5 at 8:00 p.m. In subsequent years, the parties shall. make arrangements to share having custody over the July 4`h holiday in conjunction with the Child's birthday by agreement. G. Halloween Trick or Treat Night: Each party shall be entitled to have custody of the Child for Trick or Treat Night in that party's community each year.' H. Valentine's Day: The parties shall share or alternate having custody of the Child on Valentine's Day each year as arranged by agreement. In 2005, the Mother shall pick up the Child at the Father's employment on Valentine's Day at 11:50 a.m. I. Mother's Day/Father's Day: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day with the specific times to be arranged by agreement. J. Parties' Birthdays: Each parent shall be entitled to have custody of the Child on his or her birthday each year with the specific times to be arranged by agreement. K. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. L. Unless otherwise agreed between the parties, the Father shall pick up the Child at the Mother's residence at the beginning of his periods of custody and the parties shall exchange custody at the end of the Father's periods of custody either at the Capital City Mall or at the Father's place of employment when the Father is working. 6. Each party shall be entitled to have custody of the Child for vacation each year for no more than 3 consecutive overnights three times per year upon providing at least 30 days advance notice to the other party. The parent providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 7. In the event either party intends to take the Child out of the Commonwealth of Pennsylvania for an overnight period or longer, that parent shall notify the other parent in advance of the date of departure and return, an emergency telephone number and the address of the place where the Child will be staying. The party removing the Child from Pennsylvania under this provision shall contact the other parent by telephone upon arrival at the destination. 8. All telephone contact between the parties shall be strictly limited to the discussion of issues concerning the Child. The Father's telephone contact with the Mother shall be limited to no more than two times per week when the Father does not have custody of the Child. 9. The parties shall make arrangements to participate in a course of therapeutic counseling for the purpose of improving communication and maintaining an effective co-parenting relationship. The parties shall follow the recommendations of the counselor with respect to the parties' readiness to engage in joint sessions. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Diane M. Dils, Esquire - Counsel for Father Rachel J. Rhine, Mother TRUE CnlFY FROM Ric-CORD In Testimony v n ?, o 1 here nto set my hand an he'Utl of said our t arlisl 'Pa. T .....F,X.?...... o r.: .Prot Edward E. Guido J. SEP 1 6 2001 KRIS W. KELLEY Plaintiff vs. RACHEL J. RHINE Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2339 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Alexis Evelyn Rhine DATE OF BIRTH July 2, 2003 CURRENTLY IN CUSTODY OF Mother 2. A conciliation conference was held on September 8, 2004, with the following individuals in attendance: The Father, Kris W. Kelley, and the Mother, Rachel J. Rhine. 3. The parties agreed to entry of an Order in the form as attached. ??.?,? a 3, a- oo `? Date Dawn S. Sunday, Esquire Custody Conciliator C VERIFICATION I verify that the statements made in this Complaint to Modify Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KRIS W. KELLEY Date: May 10 , 2006 O a r?.a ? KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RACHEL J. RHINE DEFENDANT 04-2339 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 18, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 07, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. I Custody Conciliator IV 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 VIIN A7,16NN]d OZ.g ltd 8! AN 9001 Ile•si s AdfViOND"HiOW Eli Li. ?O 301-No 0-31H O v' I KRIS W. KELLEY, Plaintiff V. RACHEL J. RHINE, Defendant To Curtis R. Long, Prothonotary: : IN THE COURT OF COMP : CUMBERLAND COUNTY, NO. 04-2339 CIVIL TERM IN CUSTODY Please enter my appearance on behalf of the Defendant, Rachel captioned case. Respectfully Jesy!iA Holst, Esc Mi'dPenn Legal S 401 E. Louther St Carlisle, PA 1701 (717) 243-9400 Date: 6, $ 00(9 PLEAS OF NSYLVANIA in the above KRIS W. KELLEY, Plaintiff V. RACHEL J. RHINE, Defendant : IN THE COURT OF COMP : CUMBERLAND COUNTY, NO. 04-2339 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney Rhine, hereby certify that I have served a copy of the foregoing APPEARANCE on the following date and in the manner indicated U.S. First Class Mail, Postage Pre-Paid Diane Dils, Esquire 1400 North Second Street (First Floor Froi Harrisburg, PA 17102 Date: - '- r o u Je ica Holst, E? M dPenn Legal 401 E. Louther Carlisle, PA 17C (717) 243-9400 PLEAS OF NSYLVANIA the Defendant, Rachel FOR ENTRY OF 1_it -1 o KRIS W. KELLEY Plaintiff VS. RACHEL J. RHINE Defendant i C/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2339 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ? day ofI4?r , 2006, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 20, 2004 shall continue in effect as modified by this Order. 2. Paragraph 3 of the prior Order is vacated and replaced with the following: The Mother shall have primary physical custody of the Child and the Father shall have partial physical custody on the third weekend of every month from Friday between 5:30 p.m. and 6:00 p.m. through Sunday at 8:00 p.m. The Mother shall have custody of the Child on the second weekend of every month and the parties shall share the remaining weekends, alternating between having custody from Friday between 5:30 p.m. and 6:00 p.m. through Saturday at 8:00 p.m. and from Saturday at 8:00 p.m. through Sunday at 8:00 p.m. In addition, the Father shall have custody of the Child every week on Thursday from between 5:30 p.m. and 6:00 p.m. until 8:00 p.m. and during weeks following the Mother's weekend period of custody, also on Tuesday for the same time period. The revised weekend schedule shall begin on the first weekend in July 2006. The parties shall exchange time periods for the shared weekend from August 4 through 6, 2006 to enable the Father to have custody of the child for his wedding. 3. The custodial parent shall ensure that the noncustodial parent has guaranteed access to the Child by telephone every evening between 7:30 p.m. and 8:30 p.m. unless otherwise agreed between the parties. 4. The party receiving custody shall be responsible to provide transportation for the exchange of custody. However, the Father shall provide transportation for all exchanges until the Mother obtains a replacement vehicle. 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on August 29, 2006 at 8:30 a.m. for the purpose of reviewing the custodial arrangements and addressing holiday and vacation issues. J, 6. This Order is entered pursuant to an agreement at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: ane M. Dils, Esquire - Counsel for Father kachel J. Rhine - Mother A (Ae D Edward E. Guido J. -?? ,;?7 7 d t - ?- ?' ? ,_Y??_1 KRIS W. KELLEY, Plaintiff V. RACHEL J. RHINE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004-2339 CIVIL TERM IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, RACHEL J. RHINE, in the above captioned case. Respectfully submitted, IRWIN & 9 60 Wes, P Street Carlisle, P msyl ylvania 1 (717)249- 53 Esquire Date: August 2, 2006 KRIS W. KELLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2004-2339 CIVIL TERM RACHEL J. RHINE Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Diane M. Dils, Esq. Dils & Dils 1017 North Front Street Harrisburg, PA 17102 IRWIN & McKNIGHT By. Marcus A.'McKnight,1g,- s 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 2, 2006 r.__ i .1 .? ?:. -7° l '''r ? , O KRIS W. KELLEY, Plaintiff V. RACHEL J. RHINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2339 CIVIL TERM : IN CUSTODY PRAECIPE TO WITHDRAW To Curtis R. Long, Prothonotary: Please note that pursuant to Pa.R.C.P. 1012, MidPenn Legal Services hereby withdraws its appearance as attorneys for Rachel J. Rhine, the Defendant in the above captioned matter. Respectfully submitted, Date: FT T Olo Jes5icilHGlst, Esquire MA Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 w KRIS W. KELLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2339 CIVIL TERM RACHEL J. RHINE, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Rachel Rhine, hereby certify that I have served a copy of the foregoing PRAECIPE FOR WITHDRAWAL on the following date and in the manner indicated below: U.S. First Class Mail. Postage Pre-Paid Diane Dils, Esquire 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 Date: 't ' -1 -0'-V stca Holst, Esquire idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 r o Agri CPO FIV D KRIS W. KELLEY VS. Plaintiff RACHEL J. RHINE Defendant SEP 1 3 2006 1BY:__- - IN THE COURT OF COMM N' P;tE CUMBERLAND COUNTY, PENNSYLVANIA 04-2339 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this - day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled on the 1 ? day of 0 G , 2006, in Courtroom No. ? of the Cumberland County Courthouse, at which time testimony will be taken. For purposes of the Hearing, the Father, Kris W. Kelley, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file a Memorandum with the Court and opposing counsel setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing. 2. The Father shall have periods of vacation custody with the Child from Sunday, October 8, 2006 at 5:30 p.m. through Monday, October 11, 2006 at 7:30 and from Tuesday, October 12 at 5:30 p.m. through Sunday, October 15, 2006 at 8:00 p.m. 3. Pending the Hearing and further Order of Court or agreement of the parties, the prior Order of this Court dated July 5, 2006 shall continue in effect. BY,HE COURT, Edward E. Guido J. cc: d3faane M. Dils, Esquire - Counsel for Father , X,6 Xarcus A. McKnight, Esquire -Counsel for Mother a' O r' KRIS W. KELLEY vs. Plaintiff CIVIL ACTION LAW RACHEL J. RHINE Defendant Prior Judge: Edward E. Guido IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexis Rhine July 2, 2003 Mother 2. A custody conciliation conference was held on September 6, 2006, with the following individuals in attendance: The Father, Kris W. Kelley, with his counsel, Diane M. Dils, and the Mother, Rachel J. Rhine, with her counsel, Marcus A. McKnight, III. 3. This Court previously entered an Order in this matter on July 5, 2006 based on an agreement by the parties at a conciliation conference. A follow-up conference was also scheduled in that Order, which was the subject of the present conference. During the follow-up conference, the Father sought additional overnight periods of custody with which the Mother was not in agreement. The parties requested a hearing to resolve the issue of the extent of the Father's partial custody. 4. The Father's position on custody is as follows: The Father seeks to expand his weekend periods of custody to extend into Monday morning and to have additional periods of time with the Child during the week. The Father expressed concern that he had been unable to reach the Child by telephone or did not receive return calls during the Mother's periods of custody. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2339 The Mother's position on custody is as follows: The Mother opposes adding overnight periods of custody during the week as she believes it disrupts the Child's schedule. The Mother believes it would be best to continue under the July 5, 2006 Order without expansion of partial custody. 6. The c onciliator r ecommends a n 0 rder i n t he f orm a s a ttached sc heduling a h earing a nd providing for the Father's periods of vacation custody pursuant to the July 5, 2006 Order. It should be noted that the Mother did exercise her entitlement to vacation custody under the existing Order during the summer. It is expected that the hearing will require at least one-half day with the issues to be addressed to include the Father's partial custody schedule and the holiday custody schedule. Date Dawn S. Sunday, Esquire Custody Conciliator i. .? J? . LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Kris W. Kelley KRIS W. KELLEY, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA G U W2h 9XJ AL.6 vs. NO. 04-2339 CIVIL ACTION LAW RACHEL J. RHINE, IN CUSTODY Defendant ORDER OF COURT AND NOW, this as day of September 2006, upon request of the Attorney for the Plaintiff, Kris W. Kelley, and concurrence by the Attorney for the Defendant, Rachel J. Rhine, it is hereby Ordered that a continuance is granted of the Hearing scheduled October 16, 2006 at 1:00 p.m. in Courtroom No. 3 of the Cumberland County Courthouse. The Hearing shall be held on the day of N , 2006 at •o6 A.m. in Courtroom No. 3 of the Cumberland County Courthouse, at which time all parties shall appear and be heard. All other aspects of this Court's Order dated September 15, 2006 shall remain in full force and effect. I -N Distribution: VI6iane M. Dils, Esquire, 1400 North Second Street, Harrisburg, PA 17102 ?Marcus A. McKnight, Esquire, 60 West Pomfret Street, Carlisle, PA 17013 J v 0a?/ The Honorable Edward E. Guido, Judge ?l!V}Jt?l?r?.Sl4{\.JL ?y i t17 91 :Z d 9Z 835 9002 ,kbViC,NU`&liOUd :."Hl JO ?1???'-C1311? ti 10, R KRIS W. KELLEY, Plaintiff VS. RACHEL J. RHINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2339 CIVIL ACTION LAW CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this day of November 2006, comes the Plaintiff, Kris W. 1. The parties hereto are the natural parents of one child; namely: Alexis Evelyn Rhine, born July 2, 2003. 2. The parties hereto agree that the Order dated July 5, 2006 shall remain in full force and effect with the following modifications: (a) In addition to the weekend rotation schedule set forth in the Order dated July 5, 2006, father shall be entitled to every Tuesday overnight beginning at an agreed upon time until Wednesday morning, ending at an agreed upon time. Currently the minor child's stepmother, father's wife, provides transportation for this weeknight visit; however, the parties agree that when the stepmother is no longer able to do so, that they shall be flexible as needed and shall assist in the transportation. Kelley, represented by Diane M. Dils, Esquire and Rachel J. Rhine, Defendant, represented by Marcus A. McKnight, III, Esquire, and the parties intending to be legally bound, do hereby stipulate and agree as follows: T .4 (b) Beginning January 1, 2007, both mother and father will have three (3) weeks of vacation with the minor child, said periods of vacation shall not be consecutive and said one (1) week intervals shall not occur more than one (1) week within a thirty (30) day period. Mother and father shall submit in writing to the other parent, at least thirty (30) days prior, of their requested vacation periods. Said vacation weeks shall include the weekend visitation and may also be joined with that parent's holiday schedule. (c) The holidays of Easter, Halloween, Thanksgiving and Christmas shall be divided between the parties. (d) Easter - in odd numbered years, father shall have the minor child the day before Easter beginning at 7:30 p.m. until 1:00 p.m. on Easter Sunday. In even numbered years, the father shall have the minor child beginning at 1:00 p.m. on Easter Sunday until the following day at 7:30 p.m. (e) Thanksgiving - In odd numbered years, father shall have the minor child beginning at 1:00 p.m. on Thanksgiving Day until the following day at 7:30 p.m. In even numbered years, father shall have the minor child the day before Thanksgiving commencing at 7:30 p.m. until Thanksgiving Day at 1:00 p.m. (f) Christmas - In odd numbered years, father shall have the minor child beginning on Christmas Day at 1:00 p.m. until the next day at 7:30 p.m. In even numbered years, father shall have the minor child from December 23rd at 7:30 p.m. until Christmas Day at 1:00 p.m. 2 of , (g) Halloween - the parties agree to share Trick or Treat evenings as mutually agreed upon. (h) All other holidays will continue on a rotation basis as currently in effect in the prior Court Orders with the holiday beginning the night before said holiday at 7:30 p.m. and concluding the day of the holiday at 7:30 p.m. 3. The parties hereto agree that Paragraph 9.-set forth in the Order dated September 20, 2004 shall be deleted. 4. The parties hereto agree that the Hearing scheduled for November 13, 2006 at 9:00 a.m. in Courtroom #3 of the Cumberland County Courthouse may be cancelled, and by executing this Agreement, hereby acknowledge that they do not desire to proceed with said Hearing. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. (SEAL) WITNESS Kris W. Kelley (SEAL) .-?4. 4., e ( WITNESS Rachel J. Rh4ne 3 C`3 cN-.? U C -? t z`t -r7 rT C '1? Ir AN. LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Kris W. Kelley DEC 1 12[106 KRIS W. KELLEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs NO. 04-2339 CIVIL ACTION LAW RACHEL J. RHINE IN CUSTODY Defendant ORDER OF COURT AND NOW, this 15 day of December 2006, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby Ordered that the Hearing previously scheduled for November 13, 2006 at 9:00 a.m. is cancelled and the attached Stipulation and Agreement is hereby incorporated herein and made a part of this Court Order Di ibution: 7-arcus e M. Dils, Esq. 1400 N. Second Street, Harrisburg, PA 17102 A. McKnight, Esq., 60 West Pomfret St., Carlisle, PA 17013 4' 4 The Honorable Edward E. Guido, Judge. ?, ,?? aC) LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Kris W. Kelley KRIS W. KELLEY, Plaintiff/Petitioner vs. RACHEL J. RHINE, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 2339 CIVIL ACTION - LAW CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, this I S day of November, 2007, comes the Plaintiff, Kris W. Kelley, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is Kris W. Kelley, the Plaintiff above named, an adult individual currently residing at 8 Falcon Court, Mechanicsburg, Pennsylvania 17055 and is represented by Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, Harrisburg, PA 17102. 2. The Respondent is Rachel J. Rhine, the Defendant above named, an adult individual currently residing at 229 Graham Street, Carlisle, Pennsylvania 17013 and is represented by Attorney James D. Flower, Jr. whose office is located 26 West High Street, Carlisle, Pennsylvania 17013. 3. Your Petitioner and Respondent are the natural parents of one child; namely: Alexis Evelyn Rhine, born July 2, 2003. 4. Attached hereto and marked Exhibit "A" is a copy of an Order of Court dated September 13, 2006, incorporating a Stipulation and Agreement of the parties previously signed on November 17, 2006. 5. Pursuant to the Stipulation and Agreement and Order, the parties share legal custody of the minor child, Alexis Evelyn Rhine. 6. The Respondent, Rachel J. Rhine, it is believed, has registered the child in a pre-school or daycare type setting and despite numerous requests from your Petitioners has failed to provide any information whatsoever as to the location of said facility. The Respondent, Rachel J. Rhine, had previously enrolled the child in Head Start Program without the knowledge or consent of your Petitioner. 7. The Respondent's husband indicated the minor child was registered at the Carlisle School District. 8. The Respondent, when questioned by your Petitioner as to the location of the daycare provider, indicated that she would not give this information to your Petitioner, because she did not want him to harass the provider. 9. Your Petitioner has never had a problem with prior daycare providers which he was permitted to approve and visit. 10. It is believed that the Respondent has failed to list your Petitioner as a contact person. 11. The Respondent has willfully and wantonly violated the shared legal provisions of the court order. 12. Your Petitioner is unaware as to where the minor child is attending a preschool or a daycare. 13. Your Petitioner and the Respondent have had disagreements as to the eating habits of the minor child. 14. The Respondent is a strict vegetarian. 15. Your Petitioner has had discussions with the physician of the minor child inquiring as to whether or not the child would be harmed in any way by introducing her slowly to meat. 16. When the Respondent is informed that the minor child has been permitted to eat meat or poultry, anything other than vegetarian, she punishes the minor child. 17. The actions of the Respondent are such that it affects the health and welfare of the minor child. 18. Due to your Petitioner's work schedule, he was not entitled to three one week vacation periods and attempted to utilize this three weeks of vacation with the minor child throughout the year 2007 sporadically. 19. The Respondent, through counsel, refused to permit any extended weekends, refused to work with the Petitioner so that he may enjoy additional time with his daughter. 20. Your Petitioner has provided a list of two one week periods of his desired vacation between now and the end of the year, in an attempt to utilize his entire three one week vacation periods with his daughter. 21. The Respondent has denied your Petitioner a requested vacation period, indicating she had plans. 22. Your Petitioner requests the Respondent be held in contempt of the prior court orders and that and that the current court order be modified to provide for additional periods of custody with your Petitioner and the minor child, specifically shared physical custody, vacation days to be clarified that said vacation days need not be utilized in seven (7) day segments, to specifically provide for your Petitioner's remaining vacation days to be used in the year 2007. WHEREFORE, your Petitioner, respectfully prays your Honorable Court to find the Respondent in contempt of the prior court orders entered in this matter, having violated the shared legal custody provisions, and to modify the current court order. Respectfully submitted, B Diane A Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 5-,0 ?, Date: fl EXHIBIT "A" DEC 1 z206, LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Kris W. Kelley KRIS W. KELLEY Plaintiff vs RACHEL J. RHINE Defendant ;ny;?, r ...... 1..,.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2339 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of December 2006, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby Ordered that the Hearing previously scheduled for November 13, 2006 at 9:00 a.m. is cancelled and the attached Stipulation and Agreement is hereby incorporated herein and made a part of this Court Order The Honorable Edward E. Guido, Judge. Distribution: Diane M. Dils, Esq. 1400 N. Second Street, Harrisburg, PA 17102 Marcus A. McKnight, Esq., 60 West Pomfret St., Carlisle, PA 17013 4 I' KRIS W. KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. RACHEL J. RHINE, Defendant NO. 04-2339 CIVIL ACTION LAW CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES J. AND NOW, this /'? day of November 2006, comes the Plaintiff, Kris W. Kelley, represented by Diane M. Dils, Esquire and Rachel J. Rhine, Defendant, represented by Marcus A. McKnight, III, Esquife, and the parties intending to be legally bound, do hereby stipulate and agree as follows: 1. The parties hereto are the natural parents of one child; namely: Alexis Evelyn Rhine, born July 2, 2003. 2. The parties hereto agree that the Order dated July 5, 2006 shall remain in full force and effect with the following modifications: (a) In addition to the weekend rotation schedule set forth in the Order dated July 5, 2006, father shall be entitled to every Tuesday overnight beginning at an agreed upon time until Wednesday morning, ending at an agreed upon time. Currently the minor child's stepmother, father's wife, provides transportation for this weeknight visit; however, the parties agree that when the stepmother is no longer able to do so, that they shall be flexible as needed and shall assist in the transportation. (b) Beginning January 1, 2007, both mother and father will have three (3) weeks of vacation with the minor child, said periods of vacation shall not be consecutive and said one (1) week intervals shall not occur more than one (1) week within a thirty (30) day period. Mother and father shall submit in writing to the other parent, at least thirty (30) days prior, of their requested vacation periods. Said vacation weeks shall include the weekend visitation and may also be joined with that parent's holiday schedule. (c) The holidays of Easter, Halloween, Thanksgiving and Christmas shall be divided between the parties. (d) Easter - in, odd numbered years, father.shall have the minor child the day before Easter beginning at 7:30 p.m. until 1:00 p.m. on Easter Sunday. In even numbered years, the.father shall have the minor child beginning at 1:00 p.m. on Easter Sunday until the following day at 7:30 p.m. (e) Thanksgiving - In odd numbered years, father shall have the minor child beginning at 1:00 p.m. on Thanksgiving Day until the following day at 7:30 p.m. In even numbered years, father shall have the minor child the day before Thanksgiving commencing at 7:30 p.m. until Thanksgiving Day at 1:00 p.m. (f) Christmas - In odd numbered years, father shall have the minor child beginning on Christmas Day at 1:00 p.m. until the next day at 7:30 p.m. In even numbered years, father shall have the minor child from December 23`d at 7:30 p.m. until Christmas Day at 1:00 p.m. 2 (g) Halloween - the parties agree to share Trick or Treat evenings as mutually agreed upon. (h) All other holidays will continue on a rotation basis as currently in effect in the prior Court Orders with the holiday beginning the night before said holiday at 7:30 p.m. and concluding the day of the holiday at 7:30 p.m. 3. The parties hereto agree that Paragraph 9'4set forth in the Order dated September 20, 2004 shall be deleted. 4. The parties hereto agree that the Hearing scheduled for November 13, 2006 at 9:00 a.m. in Courtroom #3 of the Cumberland County Courthouse may be cancelled, and by executing this Agreement, hereby acknowledge that they do not desire to proceed with said Hearing. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. (SEAL) 'Kris W. Kelley (SEAL) *Rahel LJ.RWiee 3 ITNESS VERIFICATION I verify that the statements made in this Petition for Contempt and Modification of Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KRIS CELLEY Date: I L-15-'01 CERTIFICATE OF SERVICE I, Diane" M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Contempt and Modification of Custody Order has been served upon the following individual , by first class, United States mail, by placing a copy of the same at. the post office in Harrisburg, Pennsylvania, on this day of October, 2007, addressed as follows: James D. Flower, Jr., Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Respectfully submitted, BY: Diane A Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: October 23, 2007 I CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Contempt and Modification of Custody Order has been served upon the following individual , by first class, United States mail, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this day of October, 2007, addressed as follows: James D. Flower, Jr., Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Respectfully submitted, 3 BY: iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: November 15, 2007 w K CD " W t rn ^G T KRIS W. KELLEY, Plaintiff, vs. RACHEL J. RHINE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2339 CIVIL ACTION - LAW : IN CUSTODY ANSWER TO PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY ORDER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendant never refused to answer questions about the SAMIS, FWNVER & LIlVDS" 26 West High Street Carlisle, PA child's pre-school. Defendant's husband answered Plaintiffs questions about pre- school on this occasion. On October 10, 2007, Plaintiff became somewhat aggressive, insisting that Rachel had to talk to him before making these decisions, and telling him that she was wrong for not doing so. Plaintiff did this in the juvenile's presence. 7. Admitted. 8. Denied. Toward the end of August 2007, Plaintiff asked Defendant about Alexis being at Head Start. Defendant indicated that Alexis was going to be in the same Head Start class in 2006. Plaintiff expressed his displeasure to that, saying that he did not like the teachers and did not approiie of her being there. Taking Plaintiff's input into account, Defendant told him the next time that they spoke that she was considering other options since he did not like Head Start. On that occasion, Plaintiff completely reversed his position, without any explanation, and insisted that the juvenile be in the same Head Start program as last year. Since Plaintiff appeared to be irrationally indecisive on this issue, and since Defendant believes it is in the best interest of the child to be in some education oriented setting during the day, and since Defendant is the primary custodial parent, a decision was made to enroll Alexis in the program that is part of the Carlisle Area School District's vocational program. 9. Denied. As set forth above, Plaintiff expressed his displeasure with the Head Start Program, indicting that he did not like the teachers and did not approve of her being there. It was largely in response to Plaintiffs opposition to the juvenile's continued placement in the Head Start Program that the juvenile was placed in the pre-school program at the Carlisle Area School District. 10. Admitted. Plaintiff can be listed as an alternate contact person if he so desires. 11. Denied. On the contrary, Defendant placed the child in daycare SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA largely in response to Plaintiff's opposition to the Head Start Program. Plaintiffs irrational and unexplained opposition to the Head Start Program, and then opposition to an alternative program, is beyond Defendant's ability to understand. 12. Denied. As set forth above, Plaintiff has been advised of where the minor child is attending, and it is believed that he has contacted the program himself. 2 13. Admitted. 14. Admitted. 15. After reasonable investigation Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. 16. Denied. The juvenile has never been punished for eating meat or poultry. The juvenile has been punished for lying to Defendant. Defendant does not wish to make an issue of her vegetarianism, but the juvenile may eat in a vegetarian fashion at Defendant's house and as Plaintiff wishes at Plaintiffs house. By way of further answer, Defendant believes that forcing non-vegetarian food on the child at Plaintiffs home is done primarily to frustrate Defendant and to create some behavioral issues between the juvenile and Defendant. 17. Denied. Defendant's actions do not affect the health and welfare of the minor child. On the contrary, Plaintiff's aggressive, combative and contradictory actions in the presence of the child are contrary to the health and welfare of the child. 18. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. Defendant asks Plaintiff to work with her in the context of the existing Court Order. 19. Denied. Some requests which were contrary to the Court Order SAWIS, have been denied. They have been denied not to prevent Petitioner from enjoying FWNVER & LUNDSAY additional time with his daughter, but in resistance to his attempts to manipulate the nr a.u 26 West High Street Carlisle, PA Court Order to the inconvenience of Defendant and her husband. 20. Admitted in part and denied in part. It is admitted that Petitioner provided a list of two one week periods of his desired vacation at the end of 2007. It is 3 it denied that this was in an attempt to utilize his entire three one week vacation periods with his daughter, but averred that this was done without sufficient notice, as provided in the Court Order, in order to inconvenience Defendant and her husband. 21. Denied. The vacation request was not agreed to because it was made less than the three days prior to the vacation per the Court Order. Plaintiff's requests for short extensions of visits, many of which were just extending overnight to the next day, was believed by Defendant to be inconsistent with the intent of the vacation clause of the Court Order. Defendant has been working with Plaintiff regarding flexibility in visiting times, even offering that the juvenile could stay over in order to attend her brother, Garrett's, activities when needed. After the parties had disagreements concerning the juvenile's diet, Plaintiff contacted Defendant and indicated that there would be "no more flexibility" and that they would be returning to "the letter of the Order." He also indicated that his wife now refused to provide transportation for visits. Until the time that Plaintiff stated that there would be "no more flexibility" he would enjoy additional visitation time with the juvenile when Defendant had to attend church related conferences and activities. Plaintiff also enjoyed an extra week when Defendant went on a mission trip to work on Katrina disaster relief in New SAIDIS, Orleans. It is Plaintiffs inflexibility and contradictory and demanding positions, that FLOWER & LINDSAY has brought the parties into conflict. 26 West High Street Carlisle, PA 22. Denied. Defendant is not in contempt of the Order. Defendant opposes additional periods of custody and shared physical custody for some of the following reasons: 4 i A. On several occasions, Defendant has become aware that Plaintiff has not been treating Alexis' asthma appropriately. On several occasions, Defendant has picked up the juvenile and found her having trouble breathing, and on at least one occasion in a full asthma attack. On that occasion, Plaintiff carried her to the car, allegedly because she had been sleeping when she arrived, but actually because she was in an asthma attack. Plaintiff often asks the juvenile, who is 4 years old, if she needs a breathing treatment and follows her desires and opinions as to whether or not it is needed. B. Plaintiff often does not follow Defendant's instructions on caring for Alexis' health, particularly her asthma, when she is not feeling well but is going to be visiting Plaintiff. C. Alexis had a major asthma attack, which required a trip to the emergency room at lunch time on a Tuesday, which was to be an overnight visit day. Plaintiff was informed of this and later told that the juvenile could not visit at that time. He insisted that the emergency room fax a note saying that the juvenile should stay home. This was done in accordance with his demand. He later called in spite of that and again insisted that the juvenile should travel to his home that evening. D. In general, Plaintiff seems to be unaware of the necessity SAW S, of carefully treating the juvenile's asthma and should have training concerning it. FLOWER & LENOS" E. Defendant believes that Plaintiff should have anger 26 West High Street Carlisle, PA management counseling, so as not to engage in angry outbursts against Defendant in the presence of the child or against his wife in the presence of the child. 5 WHEREFORE, Defendant request that the Petition for Contempt be denied. CROSS PETITION FOR CONTEMPT Plaintiff has been in violation of the Court Order as follows: 1. Plaintiff took the juvenile to Wildwood, New Jersey, and Defendant was not permitted to have addresses or contact infgrmation. Defendant was not advised that the juvenile had arrived safely. Defendant's phone calls to Plaintiff were unanswered and voice mails were not returned. There was no contact whatever for at least 48 hours when a call was finally made to Defendant. This is contrary to the existing Court Order. 2. The existing Court Order also provides that neither party shall make disparaging remarks concerning the other. Plaintiff has consistently made disparaging remarks concerning Defendant as follows: A. Plaintiff allows his wife to tell the juvenile how mean Defendant and her husband are; B. Plaintiff and his wife make derogatory remarks concerning Defendant's chosen vegetarian lifestyle; SAMIS, FLO V & C. Plaintiff allows his wife to shout at Defendant and to slam LE N I-MSAY 26 West High Street doors in her face when the juvenile is present; Carlisle, PA D. Plaintiff screamed at Defendant when she was picking up Alexis on Wednesday mornings. Defendant finally had her husband change his work 6 schedule to pick up Alexis to protect Defendant and the juvenile from this repeated verbal abuse; E. Plaintiff screamed at Defendant's husband on the phone when the juvenile was in his home for a visit; F. Plaintiff does not permit Defendant equal telephone access to that which Defendant has allowed Plaintiff; G. Plaintiff does not always give the juvenile messages or allow her to return phone calls. On the other hand, Defendant has given the juvenile the phone or has her call back if the calls occur during mealtimes, which is often the case. Plaintiff has called as often as four times per day on 'weekends when the juvenile was with the Defendant. WHEREFORE, Defendant requests that Plaintiff be held in contempt of the Order of Court and that the following modifications be made in the Court Order: 1. That Plaintiffs continued right of visitation be subject to active and cooperative participation in anger management counseling, and regular reports by the counselor to the Conciliator on Plaintiffs progress in anger management. 2. That the guaranteed telephone access between 7:30 and 8:30 SAIDIS, FLOWER & LENDS" 26 West High Street Carlisle, PA p.m. be deleted, since it is too late in the evening, as the juvenile is getting ready for bed by approximately 8:30 p.m. 3. That Plaintiff be ordered to protect the juvenile from confrontations and anger outburst upon transition of the child from custody of one parent to another. 4. That Plaintiff be directed to have the juvenile's hair combed and teeth brushed when she is being picked up. 7 5. That the Plaintiff be directed to provide the juvenile with breakfast in the morning before being picked up by Defendant. 6. That Plaintiff be directed to have the juvenile properly dressed for the weather when she is picked up. 7. That Plaintiff be directed to insure that the juvenile get to sleep at an appropriate time and have sufficient sleep to attend school in the morning. SAIDIS, FLOWER & LINDSAY Attorneys for Petitioners C:7'-)? B ' James D. lower, Jr., Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 I.D. #27742 SAIDIS, FLOWER & LB-OSAY 26 West High Street Carlisle, PA 8 VERIFICATION SAIDIS, FLOVMR & LE14DSM 26 West High Street Carlisle, PA I, JAMES D. FLOWER, JR., ESQUIRE, attorney for RACHEL J. RHINE, Defendant/Respondent in the within action, hereby verify that the statements made in the foregoing instrument are true and correct and certify that I am authorized to do so, and that the persons' having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and their Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. SAIDIS, FLOWER & LINDSAY Attorneys for Defendant/Resporadent Date: January 8, 2008 By James D. FI wer, r., s ire I D # 27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 , 9 ra Co C_J 1 KRIS W. KELLEY Plaintiff vs. RACHEL J. RHINE Defendant FfB 72006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2339 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I f " day of T a'Ot m-A !ty 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement. Within two (2) weeks of the date of this Order, the parties shall select the counselor and contact the counselor's office to schedule the initial session. The parties shall participate in a minimum of four (4) joint sessions and thereafter shall follow the recommendations of the counselor with regard to the necessary number of sessions. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall cooperate with each other in effectuating this paragraph in a timely manner to prevent any delay in initiation of the counseling. The parties shall follow any recommendations of the counselor for additional individual counseling for either party. 3. Each party shall be entitled to schedule one (1) of the three (3) weeks of vacation each year in increments of less than one total week upon providing at least 30 days' advance notice to the other party. Vacation periods not used by either party shall not carry into the following calendar year unless otherwise agreed between the parties. 4. The Mother shall have custody of the Child from February 14 through February 20, 2008 for the planned trip to Disney World. As a make-up period of custody, the Father shall have custody of the Child on the preceding weekend from February 8 through February 10, 2008. 5. The parties shall address in the course of the therapeutic family counseling the issue of any further make-up time for the Father for periods of custody missed for the Valentine's Day holiday or unused vacation time from 2007 due to the rescheduling of the conciliation conference to January. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as. to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. The parties shall conduct all exchanges of custody in a civil manner conducive to the Child's emotional well-being. BY THE COURT Edward E. Guido J. cc: " Diane M. Dils, Esquire - Counsel for Father ers m?? LL ?James D. Flower, Jr., Esquire - Counsel for Mother a, j? ? joy Z 1 :Z !r'3 1 1 833 OOOZ AUVIONUO'r-yO''vJj Hi J0 w KRIS W. KELLEY VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2339 CIVIL ACTION LAW RACHEL J. RHINE Defendant Prior Judge: Edward E. Guido IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexis Evelyn Rhine July 2, 2003 Mother 2. A custody conciliation conference was held on January 17, 2008, with the following individuals in attendance: the Father, Kris W. Kelley, with his counsel, Diane M. Dils, Esquire, and the Mother, Rachel J. Rhine, with her counsel, James D. Flower, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached concerning co-parenting counseling and the option to schedule one (1) of each party's summer vacation weeks each year in daily increments if desired. The remaining provisions regarding the Mother's request to take the Child to Disney World in February and some of the Father's make-up periods therefor, are the recommendations of the conciliator. Yuc ?z- Date 01 Dawn S. Sunday, Esquire Custody Conciliator 1' NNSYLVAIflA LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Kris W. Kelley KRIS W. KELLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004 - 2339 RACHEL J. RHINE, CIVIL ACTION—LAW Defendant CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER AND NOW, this day of August, 2013, comes the Plaintiff, Kris W. Kelley, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Kris W. Kelley, an adult individual currently residing at 4050 Shanamantown Road, Annville, Lebanon County, Pennsylvania 17003 and is represented by Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, Harrisburg, PA 17102. gg0� a . .t 2. The Defendant'is Rachel J. Rhine, an adult individual currently residing at 229 Graham Street, Carlisle, Pennsylvania 17013 and was previously represented by Attorney James D. Flower, Jr. whose office is located 26 West High Street, Carlisle, Pennsylvania 17013. 3. Your Petitioner and Respondent are the natural parents of one child; namely: Alexis Evelyn Rhine, born July 2, 2003. 4. Attached hereto and marked respectively are copies of the parties' Orders of Court concerning custody of their minor child, which are all in effect at this time: a. Order dated February 11; 2008 marked Exhibit "A"; b. Order and Stipulation dated December 13, 2006 marked Exhibit "B"; and c. Order dated July 5, 2006 marked Exhibit "C". 5. Plaintiff believes that it is in the.best interest of his daughter that he be granted shared physical custody throughout the year on an equal basis. 6. Plaintiff is able to get the child to school and pick her up during his weeks. 7. Plaintiff further requests that one Order of Court be entered incorporating all of the provisions of the custodial arrangement. WHEREFORE, your Petitioner, respectfully prays your Honorable Court to modify the current Court Orders and to grant him shared physical custody of his daughter. Respectfully submitted, BY. Diane 1VIOfls, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 V � r qB 7: 2008 KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2339 CIVIL ACTION.LAW r RACHEL J. RHINE Defendant IN CUSTODY ORDER OF COURT AND NOW this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court-shall continue in effect as modified by this Order. 2. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement. Within two (2).weeks of the date of this Order, the parties shall select the counselor and contact the counselor's office to schedule the initial session. The parties shall participate in a minimum of four(4)joint sessions-and thereafter shall follow the recommendations of the counselor with regard to the necessary number of sessions. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall cooperate with each other in effectuating this paragraph in a timely manner to prevent any delay in initiation of the counseling. The parties shall follow any recommendations of the counselor for additional individual counseling for either party. 3. Each party shall be entitled to schedule one (1) of the three (3) weeks of vacation each year in increments of less than one total week upon providing at least 30 days' advance notice.to the other party. Vacation periods not used by either party shall not carry into the following calendar year unless otherwise agreed between the parties. 4. The Mother shall have custody of the Child from February 14 through February 20, 2008 for the planned trip to Disney World.. As a make-up period of custody, the Father shall have custody of the Child on the preceding weekend from February 8 through February-10, 2008. 5. The parties shall address in the course of the therapeutic family counseling the issue of any further make-up time for the Father for periods of custody missed for the Valentine's Day holiday or unused vacation time from 2007 due'to the rescheduling of the conciliation conference to January. f 6. Neither party, shall do or say anything which may estrange the Child from the other arent p , injure�the opinion of the Child as.to the other parent, or hamper the free and natural development of the Childs love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. The parties shall conduct all exchanges of custody in a civil manner conducive to.the Child's emotional well-being. BY THE COURT Edward E,Guido J. cc: Diane M. Dils,Esquire'-Counsel for Father James D. Flower, Jr., Esquire= Counsel for Mother zp f I i i i I .. .,a4 11`a vii •1,. �- -; � D V� LAW OFFICES OF DILS & DILS C_ DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Kris W. Kelley KRIS W. KELLEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVAND\ vs NO. 04-2339 CIVIL ACTION LAW R_-�CHEL J. RHINE IN CUSTODY Defendant ORDER OF COURT AND NOW, this ''' day of December 2006, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is herebv Ordered that the Hearing previously scheduled for November 13, 2006 at 9:00 a.m. is cancelled and the attached Stipulation and Agreement is hereby incorporated herein and made a part of this Court Order. �.�1 BY 179E COURT., The Honorable Edward E. Guido, Judge. Dlstl'1bUt1011: Dian. ,M., Diis, Esq. 1400 N. Second Street, Harrisburg, PA 17102 :M'Irctis'A. McKnight, Esq., 60 West Pomfret St., Carlisle, PA 17013 hIAll 4 KfZIS W. KELLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-2339 CIVIL ACTION LAW [\'ACI IL;L J. RHINE, CUSTODY Defendant STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this day of November 2006, comes the Plaintiff, Kris W. Kelley, represented by Diane M. Dils, Esquire and Rachel J. Rhine, Defendant, represented by Marcus A. McKnight, II1, Esquire, and the parties intending to be legally bound, do hereby stipulate and agree as follows: 1 . The parties hereto are the, natural parents of one child; namely: Alexis Evclyn Rhine, born July 2, 2003. 2. The parties hereto agree that the Order dated July 5, 2006 shall remain in full force and effect with the following modifications: (a) In addition to the weekend rotation schedule set forth in the Order dated July 5, 2006, father shall be entitled to every Tuesday overnight beginning at an agreed upon time until Wednesday morning, ending at an agreed upon time. Currently the minor child's stepmother, father's wife, provides transportation for this weeknight visit; however, the parties agree that when the stepmother is no longer able to do so, that a ,they shall be flexible as needed and shall assist in the transportation. s. (b) Beginning January 1 , 2007, both mother and father will have three (3) weeks of vacation with the minor child, said periods of vacation shall nut be consecutive and said one (I) week intervals shall not occur more thail one (1) week-within a thirty (30) day period. Mother and father shall submit in writing to the other parent, at least thirty (30) days prior, of their requested vacation periods. Said vacation weeks shall include the weekend visitation and may also be joined with that parent's holiday schedule. (c) The holidays of Easter, Halloween, Thanksgiving and Christmas shall be divided between the parties. (d) Easter — in.odd numbered years, father.shall have the minor child the day before Easter beginning at 7:30 p.m. until 1 :00 p.m. on Easter Sunday. In even numbered years, the father shall have the minor child beginning at 1 :00 p.m. on Easter Sunday until the following day at 7:30 p.m. (e) Thanksgiving — In odd numbered years, father shall have the minor child beginning at 1:00 p.m. on Thanksgiving Day until the following day at 7:30 p.m. In even numbered years, father shall have the minor child the day before Thanksgiving commencing at 7:30 p,m, until Thanksgiving Day at 1 :00 p.m. (f) Christmas — In odd numbered years, father shall have the minor child beginning on Christmas Day at 1 :00 p.m. until the next day at 7:30 p.m. In even numbered years, father shall have the minor child from December 23rd at 7:30 p.m. until Christmas Day at 1 :00 p.m. 2 (g) Halloween — the parties agree to share Trick or Treat evenings as mutually agreed upon. (h) All other holidays will continue on a rotation basis as currently in effect in the prior Court Orders with the holiday beginning the night before said holiday at 7:30 p.m. and concluding the day of the holiday at 7:30 p.m. 3. The parties hereto agree that Paragraph 9�`set forth in the Order dated September 20, 2004 shall be deleted. 4. The parties hereto agree that the Hearing scheduled for November 13, 2006 at 9:00 a.m. in Courtroom #3 of the Cumberland County Courthouse may be cancelled, and by executing this Agreement, hereby acknowledge that they do not desire to proceed with said Hearing. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. (SEAL) -'WITNESS Kris W. Kelley (SEAL) L WITN SS *RahelJ. R>i e 3 t VERIFICATION a I verify that th=: statements made in this Petition for Contempt and Modification of Custody Order are true and correct. I understand that false statements herein. are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ■ i KRIS JaELLEY Date: � CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Contempt and Modification of Custody Order has been served upon the-following individual , by first class, United States mail, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this day of October, 2007, addressed as follows: James D. Flower, Jr., Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Respectfully submitted, "1 BY: iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: November 15, 2007 I" By j DATE KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-2339 CIVIL ACTION LAW RACHEL J. RHINE Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 20, 2004 shall continue in effect as modified by this Order. 2. Paragraph 3 of the prior Order is vacated and replaced with the following: The Mother shall have primary physical custody of the Child and the Father shall have partial physical custody on the third weekend of every month from Friday between 5:30 p.m. and 6:00 p.m. through Sunday at 8:00 p.m. The Mother shall have custody of the Child on the second weekend of every month and the parties shall share the remaining weekends, alternating between having custody from Friday between 5:30 p.m. and 6:00 p.m. through Saturday at 8:00 p.m. and from Saturday at 8:00 p.m. through Sunday at 8:00 p.m. In addition, the Father shall have custody of the Child every week on Thursday from between 5:30 p.m. and 6:00 p.m. until 8:00 p.m. and during weeks following the Mother's weekend period of custody, also on Tuesday for the same time period. The revised weekend schedule shall begin on the first weekend in July 2006. The parties shall exchange time periods for the shared weekend from August 4 through 6, 2006 to enable the Father to have custody of the child for his wedding. The custodial parent shall ensure that the noncustodial parent has guaranteed access to the Child by telephone every evening between 7:30 p.m. and 8:30 p.m. unless otherwise agreed between the parties. 4. The party receiving custody shall be responsible to provide transportation for the exchange of custody. However, the Father shall provide transportation for all exchanges until the Mother obtains a replacement vehicle. 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on August 29, 2006 at 8:30 a.m. for the purpose of reviewing the custodial arrangements and addressing holiday and vacation issues. 6. This Order is entered pursuant to an agreement at a:custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. E COURT, Edward E. Guido J. cc: Diane M. Dils, Esquire - Counsel for Father Rachel J. Rhine -Mother TUTS COPT FROM RECORD mony whereof, i here unto set my hand and tseal of Bald•C rt" Ca W.6, Pa. ........ ay .., P ,ho tary VERIFICATION I verify that the statements made in this Motion to Modify are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Kris W. Kelley Date: ������ A r CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint to Modify Custody Order has been served upon the following individual , by first class, United States mail, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this�ay of August, 2013 addressed as follows: James D. Flower, Jr., Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Respectfully submitted, BY: Diane M ils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: August 3, 2013 KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANLA V. M 2004-2339 CIVIL ACTION LAW r 77 RACHEL J. RHINE IN CUSTODY C-' DEFENDANT ORDER OF COURT AND NOW, Friday,August 09,2013 upon consideration of the attached Complaint, it is hereby directed that pat-ties and their respective counsel appear before, Dawn S.Sunday,Esq._ the conciliator, at 39 West Main Street,Mechanicsburg, PA 17055 — on Tuesday,September 03,2013 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court,and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esc. 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 e//V 3 KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2004-2339 CIVIL ACTION LA� -0 co C/3 rn - RACHEL J. RHINE ``` '= s"! Defendant IN CUSTODY CD ORDER OF COURT -c `=� - `� AND NOW, this 1,At4 day of ��l/£i'j'!�7 C 2b13 u > on p consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated July 5, 2006, December 13, 2006 and February 11, 2008 are vacated and replaced with this Order. 2. The Father, Kris W. Kelley, and the Mother, Rachel J. Rhine, shall have shared legal custody of Alexis Rhine, born in 2003. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. .3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place every week on Friday after school or at 3:30 p.m. if there is no school. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from December 23 after school through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 27 at 7:30 p.m. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Tuesday before Thanksgiving after school through Thanksgiving Day at 1:00 p.m., and Segment B, which shall run from Thanksgiving Day at 1:00 p.m. through the following Saturday at 7:30 p.m. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. C. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 4:00 p.m. through New Year's Day at 1:00 p.m., and Segment B, which shall run from New Year's Day at 1:00 p.m. through the beginning of school following the holiday break. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. D. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Friday before Easter at 3:30 p.m. through Easter Sunday at 1:00 p.m., and Segment B, which shall run from Easter Sunday at 1:00 p.m. through the beginning of school following the Easter holiday break. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. E. Memorial Day/Labor Day: The Memorial Day and Labor Day holiday periods of custody shall run from Sunday evening before the holiday at 7:30 p.m. through the day of the holiday at 7:30 p.m. In odd numbered years, the Father shall have custody of the Child for the Memorial Day holiday and the Mother shall have custody for the Labor Day holiday. In even numbered years, the Mother shall have custody of the Child for the Memorial Day holiday and the Father shall have custody for the Labor Day holiday. F. Independence Day: The parent who has custody of the Child under the regular custody schedule shall retain custody for the Independence Day holiday except as otherwise provided for custody on the Child's birthday in this provision. G. Child's Birthday: The Child's birthday period of custody shall be divided into Segment A, which shall run from June 30 at 7:30 p.m. through July 2 at 2:00 p.m., and Segment B, which shall run from July 2 at 2:00 p.m. through July 4 at 6:00 p.m. In odd numbered years, the Father shall have custody of the Child for Segment A and the Mother shall have custody during Segment B and in even numbered years, the Mother shall have custody of the Child for Segment A and the Father shall have custody during Segment B. H. Parents' Birthdays: Each parent shall be entitled to have custody of the Child for his or her respective birthdays from the day before the parent's birthday at 7:30 p.m. through the day of the birthday at 7:30 p.m. 1. Halloween: The parties shall share having custody of the Child for Trick or Treat Night each year as arranged by agreement. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall schedule his or her vacation periods with the Child to coincide with that parent's weekly regular periods of custody under the regular custody schedule unless otherwise agreed between the parties. 6. In the event a parent has indicated an intent to remove the Child from the United States for a period of vacation custody, the other parent shall provide the Child's Passport, if that parent has possession, at least seven days prior to the scheduled travel time. The parties shall discuss the anticipated destination, if at all questionable in terms of safety, at least 30 days in advance to ensure agreement between the parties. In the event either party intends to remove the Child from the United States for any period of time or from the Commonwealth of Pennsylvania for an overnight period or longer,that parent shall provide advance notice to the other parent of the complete itinerary indicating the transportation arrangements, lodging arrangements and the general location and telephone number where the Child can be contacted. 7. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 8. The parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody unless otherwise agreed. 9. The custodial parent shall cooperate in making the Child available to the non-custodial parent in the event of serious illness or death in the non-custodial parent's family. 10. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. The parties acknowledge that they intend to implement the custody schedule set forth in this Order on a trial basis to determine whether it is meeting the Child's needs and best interests. In the event either party believes that this schedule is not serving the Child's best interests, the parties shall cooperate in attempting to make any necessary changes between themselves and in the absence of agreement, either party may file a Petition with the Court for the scheduling of an additional custody conciliation conference. 13. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. `' BY E CO - W� - -,r"j z.. C�5 / Edward E. Guido J. � cc. ��ane M. Dils Esquire—Counsel for Father 3 ahel J. Rhine—Mother y c� ter;j 9S rQY ,i - ��/3�/3 KRIS W. KELLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2004-2339 CIVIL ACTION LAW RACHEL J. RHINE Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Alexis Rhine 2003 Mother 2. A custody conciliation conference was held on September 3, 2013, with the following individuals in attendance: the Father, Kris W. Kelley, who appeared without his counsel, Diane M. Dils Esquire, and the Mother, Rachel J. Rhine, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator