Loading...
HomeMy WebLinkAbout09-6861REBEKAH ROUNCE, Plaintiff V. ROBERT ROUNCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oa - (PS(aI Civil Term CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR. LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09 - G k(. / Civil Term ROBERT ROUNCE, : CIVIL ACTION - LAW Defendant : DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Rebekah Rounce, a competent adult individual, who resides at 110 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant is Robert Rounce, a competent adult individual, who resides at 110 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 12, 1999 in Jamaica. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have three children together; a custody complaint is being filed contemporaneously with this complaint. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); (b) that Plaintiff has suffered such indignities as to render her condition intolerable and life burdensome pursuant to 23 Pa.C.S. 3301(a)(6). WHEREFORE, Plaintiff requests the court to enter a Decree in divorce. COUNT II - CUSTODY 11. Items 1 - 10 are herein incorporated by reference. 12. The parties are the parents of three children, namely, Levi Rounce, born 2/1/01, Jesse Rounce, born 10/4/04, and Alliyah Rounce, born 4/9/07. 13. Plaintiff has contemporaneously filed a custody petition under the above- captioned docket number. 14. Plaintiff is requesting shared legal custody and primary physical custody of the minor children. WHEREFORE, Plaintiff is requesting this Honorable Court to enter a custody order regarding the minor children. COUNT III - EQUITABLE DISTRIBUTION OF PROPERTY 15. Paragraphs 1 - 14 are herein incorporated by reference. 16. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 17. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. +. . COUNT IV - ALIMONY PENDENTE LITE 18. Paragraphs 1 - 17. are herein incorporated by reference. 19. Defendant has sole and exclusive possession of the majority of the marital assets, restricted Plaintiffs access to the accounts and marital property, and has left Plaintiff without means to adequately maintain herself, pay her basic expenses or pay for her legal fees. 20. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself adequately through appropriate employment. 21. Plaintiff requires reasonable support to adequately maintain and pay for her basic needs in accordance with the standard of living established during the marriage. 22. Plaintiff has a need for assistance with her living expenses and legal expenses during the pendency of this action. 23. Defendant has restricted Plaintiff's access to the marital assets and enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT V - ALIMONY 24. Items 1 - 23. are herein incorporated by reference. 25. Plaintiff lacks sufficient property or liquid assets to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 26. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through employment. 27. The Defendant enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff to pay her alimony in accordance with the Divorce Code of Pennsylvania. 0 WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding her alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT VI - COUNSEL FEES. COSTS AND EXPENSES 28. Paragraphs 1- 27. are incorporated herein by reference. 29. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 22. Without counsel, Plaintiff cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 23. Defendant is employed and enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expense of this litigation. WHEREFORE, Defendant requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Date: /0 ?3/ 9 Respectfully submitted, J e Adams, Esquire VU). No. 79465 7 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT 4, , VERIFICATION I verify that the statements made in Ais C.arrhpic6at are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: J f? dq (? / Rebekah Rounce, Plaintiff 2OL19 OC t 11, All 3: 5 4 C ti ?'S 18.0 erg 5 o?t9 ?,? ?a3? 4so -?tws a?g5a 3c,? REBEKAH ROUNCE, Plaintiff V. ROBERT ROUNCE, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq - (o&o ( Civil Term CIVIL ACTION - LAW DIVORCE ORDER OF COURT day of , 2009, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on , the day of , 2009, at o'clock m. 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 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 e REBEKAH ROUNCE, Plaintiff V. ROBERT ROUNCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0q- & Pt, / Civil Term CIVIL ACTION - LAW DIVORCE CUSTODY COMPLAINT 1. Plaintiff is Rebekah Rounce, who currently resides at 110 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17965. 2. Defendant is Robert Rounce, who currently resides at 110 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17965. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Levi Rounce 2/1/01 (8) 110 Hilltop Drive Mount Holly Springs, Pa. 17965 Jesse Rounce 10/4/04(5) 110 Hilitop Drive Mount Holly Springs, Pa. 17965 Alliyah Rounce 4/9/07(2) 110 Hilltop Drive Mount Holly Springs, Pa. 17965 Mother and Father were married on May 12, 1999. The parties are not separated. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Rebekah Rounce 110 Hilltop Drive 2004 - present Robert Rounce Mt. Holly Springs, Pa. 17965 The mother of the children is Rebekah Rounce. She currently resides at 110 Hilltop Drive, Mount Holly Springs, Pa. 17965. She is married to Robert Rounce. The father of the children is Robert Rounce. He currently resides at 110 Hilltop Drive, Mount Holly Springs, Pa. 17965. Pa. 17241. He is married to Rebekah Rounce. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with Father and the children. 5. The relationship of defendant to the child is that of Father. The defendant currently lives with Mother and the children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties are anticipating separating. A divorce has been filed contemporaneously with this complaint. Mother has been the primary caregiver for the children since birth and is seeking a custody Order confirming that she will maintain primaryy physical custody and providing for shared legal custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Date: (a?131a9 Respectfully submitted, , 'a a Adams, Esquire I. P. No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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 unsworn falsification to authorities. Date: to/1310q Rebekah Rounce, Plaintiff fir. r,?;.?... .•?p F _1TA,RY 2009 OCT 14 AN 10: 0 1 !FV REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09 - 6861 Civil Term ROBERT ROUNCE, : CIVIL ACTION - LAW Defendant : DIVORCE ACCEPTANCE OF SERVICE I, Carol Lindsay, Esquire, represent Robert Rounce, Defendant, in the above- captioned matter; I hereby accepted service of the Notice to Defend and Complaint in Divorce on or about the date listed below, which was filed by Plaintiff's Attorney under the above-captioned number and I hereby affirm I was authorized to do so. Date: t Carol Lindsay quire 26. W. High tr et Carlisle, Pa. 7013 (717) 243-6222 ATTORNEY FOR DEFENDANT ?-' CIA. .*: ^F 7JE 2009 0 REBEKAH ROUNCE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT ROUNCE DEFENDANT 2009-6861 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 21, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 13, 2009 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is! Hubert X. GAro Es q. 4jo Custody Conciliator 10 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2009 OCT 21 PI-i 4: Q8 vi? 1D/ ems-' AO al may' G c` ;' ?r? REBEKAH ROUNCE, Plaintiff V. ROBERT ROUNCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 6861 Civil Term CIVIL ACTION - LAW DIVORCE/CUSTODY PETITION FOR SPECIAL RELIEF 1. Plaintiff is Rebekah Rounce, (hereinafter "Mother") a competent adult individual, who resides at 110 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant is Robert Rounce, (hereinafter "Father"), a competent adult individual, who resides at 110 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. The parties are the parents of three children, namely, Levi Rounce, born 2/1/01, Jesse Rounce, born 10/4/04, and Alliyah Rounce, born 4/9/07. 4. A divorce and custody complaint were filed under the above-captioned docket number on October 14, 2009. 5. A custody conciliation conference is currently scheduled for November 19" 2009 before Hubert X. Gilroy. 6. Mother is anticipating that the parties will separate in the next several weeks. 7. Mother is a homemaker and does not have a full-time job. 8. Father works full-time during the day, from 8:00 p.m. until 4:00 p.m. every day at the Camp Hill prison. 9. Husband has engaged in the following actions in an attempt to harass and intimidate Wife: (a) On October 18, 2009, after a disagreement, and loud verbal argument in front of the kids, Wife took the children and went to her neighbor's home. Husband repeatedly called the neighbors and told Mother "you abducted my kids" and " I am going to call the cops on you." Husband did call the cops but no charges were filed against either party. (b) On October 19, 2009, Father told Mother "your happiness will be short lived" and pointed a finger in Mother's face. He further told her he was going to "take the kids" from her. (c)On October 20, 2009, Father took Mother's cell phone in the middle of the night and indicated that he would cancel the service. The next morning he gave it back. (d) On November 1, 2009, Father followed Mother to the gym and told her she had to return a personal item within one hour or he would "call the cops on her." Father yelled at Mother at the gym and told her that he was "going to get custody of the kids." The conflict escalated to such an extent that Mother went to the Domestic Violence Shelter for one night. (e) Later that evening, Mother went back to the marital home to retrieve her prescription medications, which were in part needed due to her high level of stress. Father came out on the front porch and yelled that he wanted the PFA, "you get me that sheet" and "you can't take my kids." Mother was not able to enter the home and Mother went back to the shelter with the kids for the night. (f) On or about November 2, 2009, Mother came home and Father had called the police. Mother believes that Father initially told the police that she had "abducted his kids." (g) On or about November 2, 2009, Father told Mother she had to leave the marital home and she was not taking the kids. (h) Father has asked the oldest child not to tell his Mother where they are going and has taken weekend trips without providing details as to the trip. 10. Wife is requesting an emergency custody Order pending conciliation because: (a) The custody complaint was filed on October 21, 2009 and a conciliation was scheduled for November 13, 2009. The conciliation was later rescheduled to November 19, 2009 due to Husband's attorney going on vacation. (b) Almost one month has passed since the original date of filing, the parties are in urgent need of a custody Order which would stabilize the situation and prevent further conflict. (c) Mother is currently looking for an apartment and anticipates obtaining a place to live in the next several days. (d) Mother urgently wants to leave the marital home as soon as possible to get away from the conflict in the marital home. However, due to Father's threats to keep her from her kids, she will not do so until she has assurance in the form of an interim court Order which provides her with periods of physical custody. (e) Marylou Matas is representing Father while Attorney Carol Lindsay is on vacation. 11. Mother is not requesting sole physical custody of the children, but rather, an Order which provides both parties with physical custody based on their respective schedules. 12. Such relief would be in the best interest of the children because: (a) The relief requested would stabilize the situation pending the upcoming conciliation, and prevent additional conflicts in front of the children. (b) An Order would allow Mother to leave the home in a peaceful manner without the fear of not being able to see the children or lose custody. (c)The proposed Order would ensure that neither party could unilaterally withhold custody from the other or flee to another jurisdiction. 13. Mother believes that she has no other alternative but to request the relief requested. WHEREFORE, Plaintiff requests this Honorable Court enter an Order directing that the parties share legal and physical custody as proposed in the attached court Order. Date: „?blo9 Respectfully submitted, ,ra a Aaams, tsquire I. V. No. 79465 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify 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 unsworn falsification to authorities. Date: 11/0905 Re ekah Rounce, Petitioner CERTIFICATE OF SERVICE AND NOW, this November 10, 2009 I, Jane Adams, Attorney for Plaintiff, Rebekah Rounce, hereby certify that a copy of PLAINTIFF'S PETITION FOR SPECIAL RELIEF has been duly served upon the following party, by FAX and by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Marylou Matas, Esquire 26 W. High St. Carlisle, Pa. 17013 ATTORNEY FOR FATHER 7 i ne Adams, Esquire . No. 79465 West South Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ?FSIIL1,_ 1,J?f "i-lCE hit 2009 NOV 10 Ails I 1: `, i, PACSES Case #129111305 REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. (Q_ t0g&) Civil Term ROBERT ROUNCE, : CIVIL ACTION - LAW Defendant : DIVORCE ORDER OF COURT AND NOW, this 23rd day of November 2009, upon consideration of the attached petition for Alimony Pendente Lite, and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before Amy L. Ickes the 15th day of December, 2009 at 9:00AM for a Conference, after which the hearing officer may recommend that an order for Alimony Pendente Lite be ordered. You are further ordered to bring to the conference: 1. A true copy of your most recent Federal Income Tax return, including W-2's as filed. 2. Your pay stubs for the preceding six (6) months. 3. The Income and Expense Statement attached to this order, completed as required by Rule 1910.11(c) 4. Verification of child care expenses. 5. Proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference, or bring the required documents, the court may issue a warrant for your arrest. FOR THE COURT, By bt.. !I ? %- - ?- V M. N. rt, Jr., ? a J. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. F L E u-0 -'E C,F 114 1,,T)TARY 2009 NOY 24 PI4 2: 4 0 CUN UNTY PFNNSYLVill(i'V; l-i Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, Plaintiff V. AMY WOLFBERG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-7039 CIVIL ACTION -LAW IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW, this 20'h day of November, 2009, comes Defendant, Amy Wolfberg, by and through her attorney, Barbara Sumple-Sullivan, Esquire and files this Answer to Complaint in Divorce and Counterclaim. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 1 6. Admitted. 7. Denied. Defendant is without the knowledge to form a belief as to the truth of this averment. COUNT II-EQUITABLE DISTRIBUTION 8. Paragraphs 1 through 7 of Defendant's Answer to Complaint in Divorce and Counterclaim are incorporated herein by reference. 9. Admitted. 10. Admitted. COUNT III-CUSTODY 11. Paragraphs 1 through 10 of Defendant's Answer to Complaint in Divorce and Counterclaim are incorporated herein by reference. 12. Admitted. 13. Admitted. 14. Denied. Defendant is without the knowledge sufficient to form a belief as to the truth of this 2 averment. It is further averred that the parties' daughter's name is Cayla, in lieu of Kayla, as indicated in the Complaint. 15. Admitted in part. Denied in part. It is admitted that Plaintiff, Defendant and the children resided together at 1930 Monterey Drive, Mechanicsburg, Pennsylvania since 2003. It is denied that the parties separated on October 24, 2008. It is averred that the parties' legal separation was September 15, 2008 and the parties' physical separation was November 19, 2008, when Plaintiff relocated from the marital home. It is admitted that after Plaintiff physically relocated from the marital home, the children remained with Mother in the marital residence. 16. Admitted. 17. Denied. Defendant is without the knowledge to form a belief as to the truth of this averment. 18. Denied. Defendant is without the knowledge to form a belief as to the truth of this averment. 19. Admitted. 20. Admitted. 21. Admitted. 3 COUNTERCLAIM OF DEFENDANT/COUNTERCLAIM PLAINTIFF COUNTI SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 22. Paragraphs 1 through 21 of Defendant's Answer to Complaint in Divorce are incorporated herein by reference. 23. Defendant/Counterclaim Plaintiff requests the Court to enter an order granting support, alimony pendente lite and alimony to Defendant/Counterclaim Plaintiff as the Court deems reasonable pursuant to Sections 3701 and 3702 of the Divorce Code of 1980, together with any amendments thereto. 24. Defendant/Counterclaim Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 25. Plaintiff/Counterclaim Defendant has sufficient assets to provide continuing support, alimony pendente lite and alimony for Defendant/Counterclaim Plaintiff. WHEREFORE, Defendant/Counterclaim Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT II OF COUNTERCLAIM ATTORNEY'S FEES AND COSTS 26. Paragraphs 1 through 25 of Defendant's Answer to Complaint in Divorce and Counterclaim 4 are incorporated herein by reference. 27. Defendant/Counterclaim Plaintiff seeks assistance with the costs for necessary and reasonable attorney's fees for counsel, and the necessary and reasonable costs and expenses to defend this action. WHEREFORE, Defendant/Counterclaim Plaintiff requests an award of counsel fees and expenses. WHEREFORE, Defendant/Counterclaim Plaintiff, Amy Wolfberg, prays this Honorable Court to enter judgment: A. Awarding Defendant/Counterclaim Plaintiff support, alimony and alimony pendente lite; B. Awarding Defendant/Counterclaim Plaintiff counsel fees, costs and expenses; and C. Awarding other relief as the Court deems just and reasonable. Respectfully,%*mi DATE: November 20, 2009 Barbara 9umple-Sullivan, E`-t' ke 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, Plaintiff V. AMY WOLFBERG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7039 : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION L Amy Wolfberg, hereby certify that the facts set forth in the foregoing Answer to Complaint in Divorce and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: If / 0 - l 0-y, AMY FBERG 7 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOUGLAS M. WOLFBERG, Plaintiff V. AMY WOLFBERG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7039 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Answer to Complaint in Divorce and Counterclaim in the above- captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: DATED: November 20, 2009 Melissa P. Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 6 t Fib ?ors E ;7 THIIE 2,009 NOV 24 Air, 9: 19 ti r e w?"q ?5a.oo 00 Arn a sq 038 ?2ad NOV 2 4 2000 REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ROBERT ROUNCE, NO. 2009-6861 Defendant IN CUSTODY COURT ORDER AND NOW, this Q S' "O day of November, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in the above case on the 5 day of _11?-._rx_ 2010 , at /0 : 60 Q? , m. in Courtroom No. _ of the Cumberland County Courthouse. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court the following TEMPORARY custody Order is entered: A. The mother, Rebekah Rounce, and the father, Robert Rounce, shall enjoy shared legal and shared physical custody of Levi Rounce, born February 1 2001, Jesse Rounce, born October 4, 2004, and Alliyah Rounce, born April 9, 2007. B. Physical custody shall be handled on a shared arrangement as follows: (1) On week one, Father shall have custody from Friday after work at approximately 5:30 until Monday morning when Father shall return the children either to school, daycare, or to Mother (as appropriate) prior to going to work. Mother shall have custody during this first week from Monday morning through Friday. )S (2) For the second week, Father shall have custody from Friday after work as noted above until Tuesday morning when Father shall return the children as noted above. Mother shall have custody for the other time from Tuesday through Friday of the second week. (3) The parties shall alternate this schedule above on a week-to-week basis commencing November 20, 2009. (4) Mother is working on Tuesday and Thursday evenings. During those times, Father shall have custody of the minor children from 4:00 p.m. until 8:00 p.m. while Mother is working. (5) When Father has custody on Monday and in the event he is working, Mother shall have custody of the children during that time frame if they are not in school or in daycare. 3. Any time the custodial parent is not available to take care of the children when they are in their custody for a period of more than three (3) hours, they must contact the non-custodial parent and offer them the first option to provide care for the children. 4. The above TEMPORARY Order shall be followed by the parties unless the parties agree otherwise. If the parties reach an agreement to modify the Order, the parties may proceed under that agreement. 5. If the parties and their attorneys believe that another custody conciliation conference would aid in resolving the case prior to the hearing scheduled above, legal counsel for the parties may contact the Conciliator directly to schedule a conference without the need to file any petition. 6. The above Order contemplates Levi will remain in the South Middleton Township School District pending further Order of this Court. Additionally, Jesse will continue in the existing daycare pending further Order of this Court or agreement of the parties. L2 7. Transportation shall be shared between the parties pursuant to a schedule arranged between the parties. 8. For the Thanksgiving holiday, Father shall have the children 10:00 a.m. until 8:00 p.m. 9. For the Christmas holiday, Mother shall have the children from Christmas Eve at noon until Christmas Day at noon, with the Father having them from Christmas Day at noon until December 26 into his weekend. 10. Neither parent shall speak with the children on any issues relating to the marriage, divorce, support or any other adult related issues. BY THE COURT, cc: Jane Adams, Esquire Carol J. Lindsay, Esquire ,tz- 19-t" e? .- REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ROBERT ROUNCE, NO. 2009-6861 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Levi Rounce, born February 1, 2001, Jesse Rounce, born October 4, 2004, and Alliyah Rounce, born April 9, 2007 2. A conciliation conference was held on November 19, 2009, with the following individuals in attendance: The mother, Rebekah Rounce, who appeared with her counsel, Jane Adams, Esquire, and the father, Robert Rounce, with his counsel, Carol Lindsay, Esquire. 3. The parties are living together but will be separating very soon. A custody Order is needed to address the custody situation upon separation. There are a variety of issues that the parties are unable to agree upon and a variety of circumstances that the parties want to bring before the Court relative to which parent should obtain primary custody or whether there should be some type of shared custody arrangement. Based upon the information the Conciliator received at the conference and after consulting with the attorneys for the parties relative to a schedule pending a hearing, the Conciliator recommends an Order in the form as attached. Date: November '2 3 , 2009 Hub X. Gilroy, Esquire Custody Conciliator FiLE?-a?•i?i=f O Th' P-T'-FHnnnTARY 2099 NOY 25 PM 3: 22 V4J8d ?. ? J °?.jNYY REBEKAH ROUNCE, IN THE COURT OF COMMON PLE Plaintiff CUMBERLAND COUNTY PENNS/AW4 E , ? tea V. CIVIL ACTION - LAW _ NO.09-6861 w.?? C1J `? a , ROBERT ROUNCE, ° ° - Defendant IN DIVORCE = ?, T PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 14, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: t IS ,-?01rJ Rebekah Rounce 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA fees or expenses if I do not claim them before a divorce is granted. 3 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: I t /S 1o Rebekah ounce REBEKAH ROUNCE, Plaintiff V. ROBERT ROUNCE, Defendant IN THE COURT OF COMMO S J CUMBERLAND COUNTY, PE N LVANIA'-::' ?. CIVIL ACTION - LAW NO. 09-6861 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 14, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to a thorities. " Date: I J 1 v Rob PrtRounce C?? DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsificatfon'to orities. Date: I I V Robert Rounce .y _[[F"L E [?-fD" F{Lr REBEKAH Plaintiff V. ROBERT ROUNCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - 6861 Civil Term IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this &j day of November, 2010, by and between, REBEKAH ROUNCE, of Carlis e, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and ROBERT ROUNCE, of Mount Holly Springs, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"); WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 12, 1999 in Jamaica; and; WHEREAS, the parties have three children; WHEREAS, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: Page 1 R 4 RGR 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Carol Lindsay, Esquire, as his attorney. The Wife has employed and had the benefit of having Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that WIFE has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or f RGR 20§ BR vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. P RGR RBR (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. (c) The parties will take any steps necessary to close any joint credit card accounts. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the tangible personal property in Husband's possession shall be the sole and separate property of Husband; and Husband agrees that all of the tangible personal property in Wife's possession shall be the sole and separate property of Wife. Other than as provided herein, the parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. Wife shall receive the following personal property: Her Madonna and Child, a couch (to be transferred upon sale of house), a spinning wheel, a pottery wheel, a violin, her High School photo albums, Allie's scrapbook, a Cleveland Marathon award, a rug in the basement, Allie's dresses, her teapot, her earrings, dresser with mirror (All!), Lionel train set in basement. Husband shall retain the wedding and engagement rings. 10. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. The parties hereby agree that the provisions of this Agreement shall not be dischargable in Bankruptcy, and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of RGR W'RBR any obligations he or she assumed hereunder, the other party shall have the right to petition the court under the above-captioned docket number to seek restitution and compensation from the other party for any amounts that he or she would otherwise not have been responsible for under the original marriage settlement agreement. These amounts shall include reasonable attorney's fees and costs for the filing of the petition, and any other reasonable associated costs. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: (a) The 2005 Suburban shall be and remain the sole and exclusive property of Husband. Within thirty (30) days of this agreement, Wife will sign the title over to Husband so the vehicle may be transferred solely into Husband's name. (b) The 2003 Toyota Camry shall be and remain the sole and exclusive property of Wife. This vehicle is paid off. Husband shall sign the title over to Wife within thirty (30) days of this agreement. Each party agrees to be solely responsible for the amounts presently due, or any registration or insurance due and owing against his or her respective automobiles. 12. REAL ESTATE. The parties hold joint title as tenants by the entireties to a property known as 110 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania, 17065, which was purchased during the parties' marriage. That property is currently listed for sale. Regarding this property, the parties agree as follows: (a) The parties have agreed to list the marital home with a listing agent who has been mutually agreed upon by the parties. The parties agree to drop the listing price of this home to $229,900.00 immediately upon signing this marriage settlement agreement. (b) Wife previously received $29,000.00 from a Certificate of Deposit, and Husband previously received $9,000.00 from one of the parties' accounts. The total of these two accounts is $38,000.00. (c) Upon sale of the marital home, after satisfaction of the outstanding mortgage obligation, and any other costs or reimbursements as set out in paragraphs (e) and (f) below, and receipt of the final proceeds at settlement: W P ? RGR RBR Wife's proceeds = (Final proceeds + $38,000) X 52% - $29,000 Husband's proceeds = (Final proceeds + $38,000) X 48% - $9,000 For example, if the final proceeds from the sale of the home equal $100,000, Wife would receive $138,000.00 X 52% - $29,000.00 or $42,760.00 and husband would receive $57,240.00 from the proceeds. Pending sale, Husband shall have exclusive possession of the home. (d) As of the date of separation, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (e) The parties will determine, based on the advice of their real estate agent, whether any fix-up is advisable. If the parties agree on any such expense and one party advances the cost, he or she will be reimbursed from the proceeds before they are divided pursuant to su ara raph (c) above. (f) From the proceeds of sale, Husband shall be paid EfLd of equity accrued during the period of separation, said payment to be paid before the final proceeds, set out in (c) above, are divided. (g) Wife has an interest in a farm in Huntington County, which includes 263 acres, with a house, barn, and cottage. This interest was acquired by her prior to the parties' marriage. Husband hereby waives any and all interest in said property. 13. ACCOUNTS. The parties agree as follows regarding their various accounts. (a) Wife shall retain her separate accounts with M&T Bank. (b) Wife shall retain the proceeds from the Certificate of Deposit, which equaled approximately $29,000.00. P ge AR (c) Husband shall retain the $9,000.00 he withdrew from the joint PSECU Money Market account. (d) Wife will sign off of the joint PSECU account and Husband will retain that account in his name alone. (e) Each party will retain any stock presently in their respective names. 14. STOCK AND ACCOUNTS HELD FOR THE BENEFIT OF THE CHILDREN. The parties and their children are owners of certain stock. Some of the stock was titled in the name of Wife and Levi. This stock was owned by Wife prior to the parties' marriage and is hers to dispose of both as to dividends and to shares of stock. Some of the stock was owned by Husband during the course of the marriage and transferred into his name and that of one or more of the children. As to the stock transferred by Husband in the course of the marriage to himself and the children, the stock shall be reserved for the use of the children, but Husband may use the dividends from that stock as he sees fit. The parties are owners of other stock which was originally titled to themselves and to the children. In addition, the maternal grandparents have provided stock to the children titled in their names alone. The stock titled to the children alone and the stock, other than that set out in the paragraph above, titled to a parent and the children, shall be preserved for the benefit of the children and shall not be liquidated without the express written agreement of the parties. In the course of the marriage, much of the stock titled to the children alone or to a parent and child, has thrown off dividends which dividends have been deposited into savings accounts for the children and, from time to time, the savings account funds have been transferred into certificates of deposit for the benefit of the children. The parties acknowledge and agree that the stock, savings accounts which received the dividends and certificates of deposit shall be preserved for the future benefit of the children shall not be invaded without the express written agreement of the parties. However, from the date of this Agreement and thereafter, each parent may withdrawn from the dividends paid on any stock titled to a parent and child or to children only money sufficient for paying for before and after school care, daycare, summer camp, summer daycare programs, taxes and tax preparation fees. In addition, these monies may be utilized for other costs and expenses for the children, but not without the express written permission of both parties. Absent an agreement of the parties, the dividends earned on stock on which a child has an interest shall be preserved for that child's future use. I p RGR RBR So long as is practicable and affordable, the parties will continue to request Smith Elliott Kearns to prepare the children's tax returns, reporting the dividend income on the stock in which the children have an interest as income to them, and paying, also, from those dividends, in addition to daycare and summer care costs and other expenses agreed upon by the parties as set out above, the tax owed on the dividends and the cost of tax preparation. 15. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 16. ALIMONY, ALIMONY PENDENTE LITE, LEGAL FEES and SUPPORT. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. As provided by the parties' stipulation filed with Domestic Relations, Husband agrees to pay Wife the amount of $500.00 per month in child support. Nothing in this agreement obligates the parties to pay or receive an amount of support, without regard to the earning capacities of the parties or the applicable child support guidelines. 17. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties will file a joint Federal and State income tax return for the tax year ending December 31, 2009, and they will apply the refund of the taxes to their joint VISA credit card. If there is money left over from the refund after the credit card is paid off, the parties will divide that amount equally. If there is an additional amount due and owing on the credit card, after the amount received from the refund is applied to the balance, then Wife will pay the additional amount, using the money she received from the Certificate of Deposit she cashed in. The parties plan on filing separately for the year 2010 and forward. Starting with the filing for the 2010 tax year, and every year thereafter, unless otherwise agreed, Mother will take the dependency exemption on her separate Federal income tax for Alliyah Rounce and Father will take the dependency exemptions for Levi and Jesse Rounce. Each party may report on his or her separate return going forward, the daycare expense incurred for each of the I' R G R I'R-BR children they take as a dependent. W rf Ale Any transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 18. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 19. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 20. APPLICABLE LAW. The Agreement shall be construed in accordance with the taws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 21. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 22. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 23. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. P RGR 24. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 25. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 26. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: M ITNESS: One Adams, Esquire Rebekah Rounce, Wife 7 Z W. South St. arlisle, Pa. 17013 Date: (717) 245-8508 Attorney for Wife WIT S: Carol indsq, squire Robert Rounce, Husband 26 West Hi t. Carlisle, Pa. 17013 Date: (717) 243-6222 Attorney for Husband Page 10 RGR RBR REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09 - 6861 Civil Term ROBERT ROUNCE, : CIVIL ACTION - LAW Defendant : DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: via first class mail, sent to Defendant's attorney; acceptance of service on October 19, 2009. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: November 15, 2010. By Defendant: November 15, 2010 4. Related claims pending: None; all were resolved by marriage settlement agreement, which was filed on November 15, 2010. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: November 15, 2010. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: November 15, 2010. Respectfully submitted, Date: / 1116 //v 't? 1??3AS?N3? Nn03 f vi~ gewn3 ms, Esquire ne !9465 C 4 )1477 . NW. uth St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 99 :01 NV 61 AON 016Z 311.3a 3313 0-03-11:3 REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT ROUNCE NO. 09 - 6861 Civil Term DIVORCE DECREE AND NOW, 64"is 1,3 106 , it is ordered and decreed that REBEKAH ROUNCE, plaintiff, and ROBERT ROUNCE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None; the marriage settlement agreement which was signed by the parties on November 15, 2010 and was filed on November 15, 2010 shall be incorporated and not merged into this Decree. By the Court, Attest: J. Prothonotary Cory a• REBEKAH ROUNCE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA °a 2009-6861 CIVIL ACTION LAW ROBERT ROUNCE nr? IN CUSTODY DEFENDANT S - -n c-' r ' ORDER OF COURT 6'`? = AND NOW, Friday, June 10, 2011 upon consideration of the attached Com plaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 21, 2011__ _ at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilro Es q. Custody Conciliator ' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 /M49tI '" ' J 110??In f i eiepnone i t l) 149-3166 tl?ed( to A tj ;W74075 r %a _ Cocci l/c? J M , MARIA P. COGNETTI & ASSOCIATES -<> v Cj == MARIA P. COGNETTI ESQUIRE - , Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2009-6861 ROBERT ROUNCE, CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Maria P. Cognetti, Esquire, for Robert Rounce, Defendant in the above-captioned matter. MARIA P. COGNETTI & ASSOCIATES Date: June.?-3 , 2011 By: MARIA 111 COG, 4Eji'TI, ESQUIRE Attorney I.D. No. 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant TIDE P O?J H0, C?A I 1 Jul 18 PM 1: 'CUMBERLAND CCU14TY PENNSYLVANIA MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT ROUNCE, Defendant DOCKET NO. 2009-6861 CIVIL ACTION - LAW IN CUSTODY ANSWER AND COUNTERCLAIM TO PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Defendant, Robert Rounce, by his attorney, Maria P. Cognetti, Esquire, who files this Answer and Counterclaim to Petition for Modification of Custody, and in support thereof avers as follows: I. ADMITTED. 2. ADMITTED IN PART. DENIED IN PART. It is specifically denied that Mother is not aware of Father's address. The marital residence where Father lived was sold on June 1, 2011. Mother never asked for Father's new address until June 6, 2011, the same day she signed her Petition. Father emailed Mother his new address on June 13, 2011. 1 3. ADMITTED. 4. DENIED. The March 22, 2010, Order speaks for itself, and thus, the allegations of Paragraph 4 are denied to the extent that they are not wholly consistent with the terms thereof. 5. DENIED. It is specifically denied that there has been a substantial change of circumstance in that: a. DENIED. It is specifically denied that Levi's grades dropped dramatically and that it was a result of the current custody schedule being disruptive and having too many exchanges during the week. It is further denied that Father refused to allow the child to take any homework to Mother's house or to communicate with her about the assignments. By way of further answer, the children's teachers use websites for parents to see what homework is due. Mother has the same access to information as does Father. Furthermore, Mother has a history of not helping the children with their homework and projects. In fact, Levi stated to Father that he would prefer to complete as much of his homework and projects as possible when he is with Father. b. ADMITTED IN PART. DENIED IN PART. It is specifically denied that Father refused to disclose his new address to Mother. Mother was aware that Father was moving for six weeks before she ever concerned herself with asking Father where he was moving. In fact, it was not until the day she filed her Petition that Mother even asked Father for the information. As stated above, Father did provide Mother with his new address. It is admitted that the children have been sleeping in the same room at Father's new home, however, 2 that arrangement is only temporary while the home is being remodeled. The remodel is expected to be finished within two weeks. By way of further answer, while with Mother, the children share bedrooms with each other and Mother, and on occasion Mother's boyfriend. c. DENIED. It is specifically denied that Father's behavior towards Mother is derogatory and that his conduct causes Mother any stress. By way of further answer, Mother has not complied with the provisions of 23 Pa.C.S.A § 5337 relating to relocation. 6. DENIED. It is specifically denied that Mother has anything with which to be concerned. By way of further answer: a. DENIED. It is specifically denied that Father has made rude gestures, thrown things at Mother, and spit at her in the presence of the children. It is further denied that Father has called Mother names. It is denied that Father's behavior makes it difficult for Mother to communicate with Father regarding the children and that Father has not promoted Mother's relationship with the children. b. DENIED. It is specifically denied that Father refuses to disclose his new address to Mother. It is also denied that Father told the children that they could not call Mother or that he confiscated the cell phone given to them by Mother. Father did however tell Levi that he would monitor the usage of the cell phone due to the ages of the children. 3 c. DENIED. It is specifically denied that Father is using vacation time to diminish Mother's periods of physical custody with the children. By way of further answer, Mother and Father have the same vacation time available to them. Mother was given the grandparents' summer schedule on March 20, 2011, over three months ago. Her only response at that time was "I will be in touch regarding dates for the summer after discussion with [sic] a lawyer...." It was not until July 2, 2011, almost a month after she filed her Petition and three months after she had originally received notice of the dates, that she indicated an objection. 7. The averments of Paragraph 7 are more properly a prayer for relief to which no responsive pleading is required. By way of further answer, Father agrees that a change of the custodial schedule is appropriate. However, Father believes that he should become the primary custodial parent. 8. DENIED. It is specifically denied that the best interest of the children would be served by granting the relief requested by Mother. 9. DENIED. It is specifically denied that the best interest of the children would be served by granting the relief requested by Mother and that the modification would ensure the children's safety, well being and security. WHEREFORE Father requests this Honorable Court deny Mother's request for a modification of the Custody Order. 4 COUNTERCLAIM Request for Primary Custody 10. Paragraphs 1 through 9 of Mother's Petition for Modification of Custody and Respondent's Answer thereto are incorporated herein and made a part hereof as though set forth herein at length. 11. Father seeks a modification of this Court's Order of March 22, 2010. 12. Father believes, and therefore avers that, a modification of the current order is in the best interest of the children for the following reasons: a. Mother's mental health issues prevent her from providing a healthy environment for the children; b. Mother does not involve herself with the children's school work. She fails to keep herself informed of weekly assignments, including but not limited to spelling tests and reading logs. As previously stated, the children's assignments are available online for parents to stay informed; C. Mother lives in a small apartment where she and the children have to share bedrooms with each other and Mother; and d. Mother would propose to move the children out of the school district in which they have lived their entire lives just so that she can avoid her perceived "mistreatment" by Father. 13. Based on the foregoing, Father believes, and therefore avers, that he should be awarded primary physical and sole legal custody of the children. 5 14. The best interest and permanent welfare of the children would be served by a modification of the current Custody Order. WHEREFORE, Father requests this Honorable Court to award him primary physical and sole legal custody of the parties' children. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: July 13, 2011 By: MARIA P. f OGNgTjI, ESQUIRE Attorney I. No. 21W4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 6 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer and Counterclaim to Petition for Modification of Custody at the address indicated below: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Service by: Personal service via hand delivery x Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: July 13, 2011 By: MARIA P. COGN?T?rI, ESQUIRE Attorney I.D. No. 2'79'14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09-6861 ROBERT ROUNCE, Defendant IN CUSTODY ORDER AND NOW, this ?oday of October, 2011, a prehearing conference, in Chambers, with counsel is set for Friday, December 2, 2011, at 9:15 a.m. BY THE COURT, Kevin ess, P. J. 'Jane Adams, Esquire For the Plaintiff d Maria Cognetti, Esquire For the Defendant v Court Administrator pioted C ?> mss' REBEKAH ROUNCE, Plaintiff VS. ROBERT ROUNCE, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6861 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Levi Rounce, born February 1, 2001, Jesse Rounce, born October 4, 2004, and Alliyah Rounce, born April 9, 2007 2. A conciliation conference was held on September 30, 2011, with the following individuals in attendance: The mother, Rebekah Rounce, with her counsel, Jane Adams, Esquire, and the father, Robert Rounce, with his counsel, Maria Cognetti, Esquire. 3. There is a prior Custody Order in this case issued by Judge Hess from March 22, 2010 which provides for a rather convoluted schedule but, generally, it appears to be a 50/50 physical custody arrangement. However, father suggests that mother has not been abiding by that schedule and is not exercising all of her time. Regardless, mother has filed a petition seeking to modify the existing Custody Order and mother is suggesting a week on/week off basis would be more in the best interest of the children. Father suggests that mother has been not following through on her allotted time already and questions why she would feel a week on/week off schedule would work. Additionally, father has concerns with respect to the mother's mental health situation and father has filed a counter-petition requesting primary custody of the minor children. 4. The parties definitely have adverse positions which appear to be irreconcilable at this time and a hearing is necessary. Father may want to pursue a separate petition with the Court relative to obtaining a psychiatric evaluation of the mother. There is evidence in the record indicating mother has had prior psychiatric issues and is currently on medication. Mother notes, however, that the prior psychiatric issues were from approximately two years ago. Father's counsel may be filing a petition to compel production of psychiatric records and obtain a psychiatric report since mother would not agree at the Conciliation to cooperate in an evaluation or provide records. 5. The Conciliator recommends an Order in the form as attached. Date: October 0 , 2011 Hubert X. Gi roy, Esq Custody Conciliator/ REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 0 Civil Term ROBERT ROUNCE, : CIVIL ACTION - LAW Defendant : DIVORCE RESPpNSE TO FATHER'S PET/T/ON TO COMPEL MOTHER , TO SUBMIT TO A PSYCHIATRlC EVALUAT/ON , AND NOW COMES, Plaintiff, Rebekah Rounce, by and through her attorney, , and hereby offers the following response to the Petition filed by Defendant, Robert Rounce: r C~.~ C-) i 1. Admitted. 2. Admitted. 7,~• : . 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. ` 8. Admitted. The parties were unable to reach an agreement. 9. Admitted. 10. It is admitted that Father says he has some concerns about Mother's psychological, emotional, and physical health. Mother denies that Father's concerns warranted. Additionally, the parties have been separated for approximately finra years, during which time they have shared physical custody. Father only chose to pursue his concerns after Mother filed a petition seeking to modify the custody Order. 11. Denied. Mother's mental condition is not in controversy. Mother had some previous issues of depression due to some prior stressful incidents approximately ten (10) years ago. Also, since the parties have separated, Mother's depression has improved considerably, although she is suffering from additional stress due to the constant conflict of negative feedback and interactions from Father. 12. a-d. It is admitted that Mother had a distant history with depression and anxiety. e. Denied. f. Admitted. Mother engaged in therapy at Mock-Mays associates in approximately August 2009. In November 2009, the therapist wrote a letter in support of Mother and noted that the stressful marriage was a major contributor to Mother's issues. g. Mother strongly denies that she expressed a desire to commit suicide in ; October 2009. h. Admitted. i. Admitted that Father agreed to a custody stipulation, however, Mother did not know that he did so only in hopes that Mother would continue to stay on her medication, and not because he was thinking of the best interest of the children and promoting ongoing contact between the children and her. j. Denied. k. Denied that Mother has repeatedly failed to exercise her custodial times due to health issues. The parties' poor communication and conflict has also contributed to her not being able to avail herself of all custodial times. 1. Denied in part, admitted in part. The reason Mother filed a petition for modification was to request a change to the children's schedule because she , feels Father has engaged the children in too many activities and there are too many exchanges during the week. Mother and the children are constantly exhausted and it is extremely difficult to chart the schedule and exchanges. m. Admitted. Mother continues to proactively manage her anxiety with medication and regular medication checks with a psychiatrist. n. Admitted, Mother did return the wrong medication but promptly realized she had done so, and would never give the children the wrong medication. Again, a major reason Mother filed a petition for modification was to request less exchanges during the week so there would be less confusion with personal possessions, school work, and other items such as medications. 13. Denied. Father is strongly over-emphasizing Mother's past history of depression to try to use this to his advantage in the custody action and take shared physical custody away from Mother. His concerns were only pursued as of recently. 14. Denied. Mother believes a custody evaluation, which would include a psychological evaluation Father would be more useful. 15. Denied. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. WHEREFORE, Plaintiff requests the court to deny Father's request to subject Mother to a psychiatric evaluation. , Respectfully submitted, oate: ccd_,12,~t,~_ *147W. Esquire 5 St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ ' r III VERIFICATION I verify that the statements made in this Custody 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 unsworn falsification to authorities. ' ~ Date: C~ a7 r~' Rebekah Rounce, intiff FILED-OFFICE J ? .y Y PROThONO TAR"( 2011 DEC -2 AM 9: 31 INMBERLAND COUNT Y PENNSYLVANIA MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2009-6861 ROBERT ROUNCE, CIVIL ACTION -LAW Defendant IN CUSTODY DEFENDANT'S MOTION FOR LEAVE TO CONDUCT DISCOVERY AND NOW, comes Defendant, Robert Rounce, by and through his attorney, Maria P. Cognetti, Esquire, and files this Motion for Leave to Conduct Discovery, and in support thereof, avers as follows: 1. Defendant, Robert Rounce, (hereinafter referred to as "Father"), is an adult individual currently residing at 21 Cobblestone Drive, Carlisle, Pennsylvania, 17015. 2. Plaintiff, Rebekah Rounce, (hereinafter referred to as "Mother"), is an adult individual currently residing at 317 Penn. St., Carlisle, Pennsylvania, 17013. 3. The parties are the natural parents of three minor children: a. Levi Rounce, DOB February 1, 2001; b. Jesse Rounce, DOB October 4, 2004; and c. Alliyah Rounce, DOB April 9, 2007. 4. On March 22, 2010, pursuant to a stipulation by the parties, this Honorable Court entered a Custody Order whereby the parties share legal and physical custody. 5. Pursuant to Paragraph 18 of the March 22, 2010 Order, the parties agreed that in the event of future custody proceedings, the stipulation would not prevent the parties from presenting evidence pre-dating the Order. 6. On June 7, 2011, Mother filed a Petition for Modification of Custody. 7. On July 18, 2011, Father filed an Answer and Counterclaim to Petition for Modification of Custody seeking sole legal and primary physical custody of the children. 8. On September 30, 2011, the parties attended a Custody Conciliation Conference in front of Conciliator Hubert X. Gilroy, Esq., and were unable to reach an agreement. 9. On October 6, 2011, this Honorable Court entered an order scheduling a prehearing conference for Friday, December 2, 2011. 10. On October 24, 2011, Father filed a Petition to Compel Plaintiff to Submit to a Psychiatric Evaluation Pursuant to Pa.R.C.P. 19.15.8 and to Produce Mental Health Records. 11. On October 28, 2011, Mother filed a Response to Father's Petition to Compel Mother to Submit to a Psychiatric Evaluation. 2 12. On November 1, 2011, this Honorable Court entered an Order stating that Defendant's request for a Psychiatric Evaluation shall be considered at or after the December 2, 2011 conference. 13. The Court denied Defendant's Request to Compel Plaintiff to Submit to a Psychiatric Evaluation Pursuant to Pa.R.C.P. 19.15.8 and to Produce Mental Health Records. 14. Father has concerns regarding Mother's psychological, emotional, and physical health. 15. Father believes that Mother's mental health issues prevent her from providing a healthy environment for the children. 16. Father has asked Mother, through counsel, to voluntarily grant him access to her medical records, and Mother has rejected Father's request. 17. Father has asked Mother, through counsel, to voluntarily submit to a psychiatric evaluation, and Mother has rejected Father's request. 18. In order for Father to properly prepare for the hearing in this matter, it will be necessary for him to engage in discovery including depositions, interrogatories, and requests for production of documents. 19. Father should be granted leave of Court to engage in discovery in this custody matter, as permitted by the Pennsylvania Rules of Civil Procedure 4001 et seq. 20. If Father's request for discovery is not granted, his ability to proceed in the custody matter will be prejudiced. 3 WHEREFORE, Father, Robert Rounce, respectfully requests this Honorable Court grant him leave of Court to conduct discovery, including depositions, interrogatories, and requests for production of documents, in connection with this custody action. Respectfully submitted: MARIA P. COGNETTI & ASSOCIATES Date: December 1, 20t t By: MARIA PXO N I'TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 4 VERIFICATION I, Robert Rounce, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. 4 DATE: Jz b i Rob Rounce CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Defendant's Motion for Leave to Conduct Discovery at the address indicated below: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Service by: X Personal service via hand delivery Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: December 1, 2011 By: MARIA P. COGWTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant MCC) M r ri _' rn c-7 -+J r ° r REBEKAH ROUNCE : IN THE COURT OF COMMON PLEAS , Plaintiff PENNSYLVAAX : CUMBERLAND COUNTY , V. : NO. 2009 - 6861 Civil Term ROBERT ROUNCE, : CIVIL ACTION - LAW Defendant : DIVORCE RESPONSE TO DEFENDANT'S MOTION FOR LEAVE TO CONDUCT DISCOVERY AND NOW COMES, Plaintiff, Rebekah Rounce, by and through her attorney, and hereby offers the following response to the Petition filed by Defendant, 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted, although Mother believes some of that evidence may not be relevant given the amount of time elapsed. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. A conciliation was held on September 30, 2011, but Father refused to participate. Only Father's counsel participated in the conciliation. It is not known whether Father was even present in the courthouse. Not only did the parties not reach an agreement, no negotiation was even able to be attempted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted in part, and denied in part. It is admitted that Father has concerns but Mother denies those concerns are warranted. 15. Denied. Mother has provided a healthy atmosphere and has kept the focus on the children. In fact, Mother has corresponding concerns about Father because she has requested a schedule change for the benefit of the children by her petition which was filed on June 7, 2011 and Father has yet to consider her request. Father rather insists on focusing on Mother's history and bringing forth information to hurt her. In the meantime, the trial has been scheduled for March 29, 2011, ten months after Mother's original petition for modification. 16. Admitted. Mother believed that the release of such information would be non-productive and that Father is seeking such information to harm Mother, since he was well aware of Mother's history and has only sought it more detailed records after the custody hearing was scheduled. 17. Admitted. Mother does not believe a psychiatric examination is warranted as she has actively been managing her mental health and has improved considerably since the parties separated. 18. Admitted, but such discovery should not include inflated irrelevant history, going back to 2000, nine years before the parties separated, which Father mentioned in his petition to compel Mother to undergo a psychiatric exam. 19. Denied. Mother will voluntarily release medical records. A copy of her release and letter from her attorney is attached. Mother's counsel had a custody trial on December 12, 2012 and is working to provide the information as soon as possible. In addition, the custody hearing has been rescheduled at a later date in March. 20. Denied. WHEREFORE, Plaintiff requests the court to deny Father's request to compel discovery as Mother will voluntarily provide such information. Respectfully submitted, Date: AR /C) D e Adams, Esquire No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Jr 17172670075 P.1 Jane Adams ATTORN13Y AT LAW 17 W. South St. Carlisle, Pa. 17013 Phone:(717) 245-8508 CONSENT FOR RELEASE OF INFORMATION December 15, 2011 FROM: Rebekah Rounce 317 W. Penn St. Carlisle, Pa 17013 TO WHOM IT MAY CONCERN: I hereby give my consent for any person to release information to my attorney, Jane Adams, Esquire, and disclose information contained in my medical records, as well as make copies of my medical records and mental health records, including information regarding my psychiatric diagnosis. It is my intent that the authority granted above extend to records, including records considered "Protected Health Information" as that term is defined by the Health Insurance Portability and Accountability Act and the regulations promulgated thereunder. I also give Jane Adams, Esquire permission to discuss information in my legal file, as is needed to be provided in her discretion, with other professionals such as my doctor or counselor. This consent shall remain in effect until revoked by written notice. I desire that a facsimile or photo-copy of this consent and release be given the same legal authority as the original. Date: P 6 j r Signature Rebekah Rounce WITNESS: ?X A ATTORNEY VERIFICATION Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for Rebekah Rounce. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing response as known to her and not necessarily to her client. She reviewed this response with her client via telephone. 4. The facts set forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: / ?p ! f e Adams, Esquire W. South St. Carlisle, Pa. 17013 Attorney for Rebekah Rounce CERTIFICATE OF SERVICE irc On this 06day of December 2011, I, Jane Adams, Esquire, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage pre-paid, as follows: Maria P. Cognetti, Esquire 210 Grandview Ave. Camp Hill, Pa. 1701 ATTORNEY FOR FATHER By: Date: 1 (? !j L4e d ams, Esquire o. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER REBEKAH ROUNCE, Plaintiff V. ROBERT ROUNCE, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIP2 -'' m ° `'p'r- NO. 2009 - 6861 Civil Term m a;:0 h r C-, -or" ° CIVIL ACTION - LAW r DIVORCE C-, 3 v xc,) ?. C N ? te M ORDER OF COURT '?I- day of 1 :2011, it is hereby ORDERED and DECREED, that since Mother has provided a release for information for her counsel to obtain her mental health information and records, Mother shall have 30 days to obtain and provide said records to Father's Counsel. By the Court: cc: Maria Cognetti, Esquire, for Fathe Jane Adams, Esquire, for Mother 4 kjou'u 9 E^ eL> ' 3o tl A? REBEKAH ROUNCE IN THE COURT OF COMMON PLEAS OF.-- , PLAINTIFF CUMBERLAND COUNTY, PENNSYLV? -:? -C'} 2009-6861 CIVIL ACTION LAW r- '' -4 ROBERT RO UNCE E no ' IN CUSTODY DEFENDANT -- ORDER OF COURT AND NOW, Friday, February 03, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 02, 2012 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Cgpy!'7a'CPd0 ? P °l • 0 ?,oP t p?ac eW 1 Carlisle, Pennsylvania 17013 Avhone (717) 249-3166 *//y /,fty6c, goys ?rP - ed a/6/ z I? REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 4 ROBERT ROUNCE, NO. 2009-6861 Defendant IN CUSTODY ,- Hess PRIOR JUDGE: Kevin A . COURT ORDER AND NOW, this /Z' day of March, 2012, as a supplement to the Order of Court issued on the matter of mother's production of psychiatric records, it is Ordered as follows: 1. On or before March 14, 2012, mother's counsel shall supply father's counsel with a listing of all physicians and healthcare facilities who have provided care or treatment to the mother since 2001 relating to mother's mental health issues. 2. Mother's counsel shall provide mother's counsel with signed release documents in order for father's counsel to obtain the records from each of the facilities outlined in the information provided pursuant to paragraph 1 above. Father's counsel shall proceed at father's expense to obtain copies of those records. Father's counsel shall provide mother's counsel with copies of any and all documents received in connection with these records subject, however, to a reasonable request for reimbursement of copying costs. 3. The production of these records is pursuant to an agreement between the parties in lieu of mother undergoing an independent psychiatric evaluation at this time. Consistent with that agreement, it is noted that mother waives any claim of privilege concerning the admissibility of the records produced at a hearing in this case. However, mother reserves the right to raise any appropriate objection with respect to relevancy of these records at the hearing. BY TH/E/COURT, cc: ? Jane Adams, Esquire Maria Cognetti, Esquire s CfL (- 5 /wit leell 3/) .3-h -a Hess, Judge REBEKAH ROUNCE, Plaintiff vs. ROBERT BOUNCE, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6861 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted a telephone conference with legal counsel for the parties on March 8, 2012, and the parties agree to the entry of an Order in the form as attached. Ci Date: March , 2012 Hubert X. Gilroy, Custody ConcilV REBEKAH ROUNCE, Plaintiff/Respondent ROBERT ROUNCE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCvET NO. 2009-6561 CIVIL ACTION -- LAW IN CUSTODY ORDER OF COURT AND NOW, this Z 3'j day of March, 2012, the custody hearing presently scheduled in the above-matter for March 29, 2012 at 10:00 a.m. is rescheduled to May 16, 2012 at 9:30 a.m. in Court Room No. 4 of the Cumberland County Courthouse, Carlisle, PA 17013. BY THE COURT: 'X/ - -I ? Kevi A. Hess, P.J. aCD i? Jane Adams, Esquire' r'a For the Plaintiff <> C j i Maria P. Cognetti, Esquire For the Defendant Court Administrator eo p; e-C. A.'a "fed 2?/ z C: REBEKAH BOUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV Q _- V. : NO. 2009 - 6861 Civil Term ROBERT ROUNCE, :CIVIL ACTION - LAW Defendant : DIVORCE/CUSTODY MOTION TO ALLOW WITNESSES TO TESTIFY TELEPHONICALLY 1. Plaintiff/Petitioner is Rebekah Rounce, (hereinafter "Mother"), who is represented by Jane Adams, Esquire. 2. Defendant/Respondent is Robert Rounce, (hereinafter "Father"), who is represented by Maria Cognetti, Esquire. 3. The parties are parents of three minor children, ages 5,7, and 11. 4. A custody trial is scheduled before this Honorable Court on May 16, 2012 at 9:30 a.m. 5. On April 30, 2012, Mother's counsel asked Father's counsel for an agreement to allow Mother's current psychiatrist at the Stevens Center, Dr. Henry Wehman, and former counselor Wanda May to testify via telephone at the May 16, 2012. 6. On May 3rd, Father's counsel indicated she agreed that these professionals could testify on the telephone. 7. Father's counsel has since revoked her agreement for these witnesses to testify on the telephone. 8. Mother's counsel is requesting that these witnesses be permitted to testify on the telephone and that the appropriate weight, scope, and relevancy of their testimony be determined by this Honorable Court at trial. 9. This matter was previously assigned to Judge Hess. 10. Respondent is not in agreement with the relief requested. WHEREFORE, Plaintiff requests the court allow Mother's witnesses to testify via telephone. Respectfully submitted, Date: 61a / a Carlisle, Pa. 17013 717) 245-8508 ATTORNEY FOR PLAINTIFF e Adams, Esquire JD. No. 79465 7 W. South St. CERTIFICATE OF SERVICE On this day of May 2012, I, Jane Adams, Esquire, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage pre-paid, as follows: A "d "Tit Fgx ., ?Ztl'?'?--?!dToP Maria Cognetti, Esquire 200 Grandview Court Camp Hill, Pa. 17011 ATTORNEY FOR DEFENDANT By: Date: S/ l l Adams, Esquire I No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER ?J12MAY IS AM It: 39 GUNERLANO CouN t y PENNSYLVANIA REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2009-6861 CIVIL ACTION - LAW ROBERT ROUNCE, IN CUSTODY Defendant ASSIGNED JUDGE: KEVIN HESS ORDER OF COURT AND NOW, to wit, this jy' day of 2012, upon consideration of the attached Motion in Limine to Preclude and/or Limit the Testimony of Henry Wehman, M.D. and Wanda Mays, EdD: re"'A -6 -H' +""" of d'v', J . 1. It is hereby ORDERED and DIRECTED y ehman, M.D. and Wanda Mays, EdD, are precluded fro s ifying at the May 16, 2012, Custody Hearing, or in the alternati 2. It is hereby ORDERED AND DIRE tat Wanda Mays, EdD, is precluded from testifying at the May 16, ustody Hearing, and Dr. Wehman's testimony is strictly limited to the irnfot nation and impressions of which he was aware at the time his report was issued on September 8, 2011. BY THE COURT: Kevi A. Hess, Judge THE t"0TNOr? MAY 15 AMII:4(1 CUMBERLAND WUNT`t` H p Y PENNSYLVANIA REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 2009 - 6861 ROBERT ROUNCE, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this W day of M#9 C/ , 2012, it is hereby ORDERED and DECREED Mother's request to allow witnesses to testify via telephone at the May 16, 2012 hearing is granted. to; 0%1Y p 4O -N, +b av3 w -?I..?- s r ck -? ??-w.:. o, .,? .i?, a?ol d b< ?rctc.?uo?c.? By the Court: J. cc: VJan Adams, Esquire, for Mother Maria Cognetti, Esquire, for Father REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09-6861 ROBERT ROUNCE, : Defendant IN CUSTODY ORDER AND NOW, this 2 9 ' day of May, 2012, continued hearing in the above- captioned custody matter is set for August 9, 2012, at 9:30 a.m. in Courtroom Number 4, Cumberland' County Courthouse, Carlisle, PA. BY THE COURT, Kevin . Hess, P. J. Jane Adams,, Esquire / For the Plaintiff Maria Cognetti, Esquire MIX' 7-- ?p== For the Defendant ? Court Administrator ,- . :rlm I c a 1 E P t0 l Hiv+'?tJ %c 1 2 Ate) -7 PM 3: 14 t" C?JM,rE_FL t"i N0 CGU.14 f Y E .NHS f LVANIi REBEKAH ROUNCE, Plaintiff V. ROBERT ROUNCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 09-6861 CIVIL ACTION -LAW IN CUSTODY ASSIGNED JUDGE: KEVIN A. HESS STIPULATION FOR CUSTODY /1 -k AND NOW, this day of 4y(q v Sr- , 2012, Rounce, Plaintiff, (hereinafter referred to as "Mother"), and Robert Rounce, (hereinafter referred to as "Father"), hereby stipulate that the following is the substance of agreement setting forth a custodial schedule for their minor children, LEVI ROUNCE, February 1, 2001, JESSE ROUNCE, born October 4 2004, and ALLIYAH ROUNCE, born 9, 2007: 1. The parties agree to shared legal custody of their three children. Major concerning the children, including, but not limited to, the children's health, welfare, religious training and upbringing shall be made by the parties' jointly, after discussion consultation with each other, with a view toward obtaining and following a harmonious policy the children's best interest. Neither party shall impair the other party's rights to shared 1 custody of the children. Neither party shall attempt to alienate the affections of the children the other party. Each party shall notify the other of any activity or circumstance concerning children that could reasonably be expected to be of concern to the other. Day to day shall be the responsibility of the party then having physical custody. With regard to an emergency decisions which must be made, the party having physical custody of the child at time of the emergency shall be permitted to make any immediate decisions necessitated However, that party shall inform the other of the emergency and consult with him or her as as possible. Each party shall be entitled to complete and full information from any dentist, teacher, professional or authority and to have copies of any reports given to either as a parent pursuant to 23 Pa.C.S. 5336. 2. Mother and Father agree to share physical custody of their three children accordance with the following schedule: a. During Week 1 which shall begin on Monday, August 20, 2012: i. Mother shall have Monday at the start of school or daycare, or 7:3 a.m. if there is no school, until Wednesday at the start of school daycare or 7:30 a.m. if there is no school. ii. Father shall have Wednesday at the start of school or daycare, 7:30 a.m. if there is no school, until Friday at the start of school daycare, or 7:30 a.m. if there is no school, iii. Mother shall have Friday at the start of school or daycare, or 7:3 a.m. if there is no school, until Monday at the start of school daycare, or 7:30 a.m. if there is no school. 2 b. During Week 2 which shall begin on Monday, August 27, 2012: i. Father shall have Monday at the start of school or daycare, or a.m. if there is no school, until Wednesday at the start of school daycare, or 7:30 a.m. if there is no school. ii. Mother shall have Wednesday at the start of school or daycare, 7:30 a.m. if there is no school, until Friday at the start of school daycare, or 7:30 a.m. if there is no school. iii. Father shall have Friday at the start of school or daycare, or 7:3 a.m. if there is no school, until Monday at the start of school c daycare, or 7:30 a.m. if there is no school. C. Father shall have the following time each year: i. The Saturday after Thanksgiving at 5:00 p.m. until Tuesday at 7:3 a.m.; and ii. The Friday before the first Saturday of rifle deer season at 5 p.m. until Sunday at noon. iii. The Friday evening before the opening day of trout season at 5 p.m. until the Sunday at 5:00 p.m. iv. If the above times would fall during Mother's custodial time paragraphs a and b above, Mother shall be provided make up for the time she would miss. d. If Mother is working on Saturdays, Father shall have 8:45 a.m. until 5:1 p.m. It is assumed that Father will always have this time based c 3 Mother's present work schedule. If Mother is not working she will advi Father at least 48 hours in advance that she is not working and will 1 keeping the children. 3. The parties agree to share the following holidays as indicated: Holiday E ven Years Odd Years Thanksgiving A - 8:00 a.m. the day of the holiday until Mother Father noon on Friday, the day following the holiday Thanksgiving B - Noon the Friday following the Father Mother holiday until 5:00 p.m. Saturday Christmas A - From noon Christmas Eve until noon on Father Mother Christmas Day Christmas B - From noon Christmas Day until noon on Mother Father December 26th New Year's A - From noon New Year's Eve until noon Mother Father New Year's Day (New Year's Day follows the odd/even of New Year's Eve) New Year's B - from noon New Year's Day until the Father Mother next morning at 8:00 a.m. or the start of school Easter -From 5:30 p.m. on Good Friday until 7:30 a.m. Father Mother until Monday following Easter Mother's Birthday - from 8:00 a.m. until 7:00 p.m. Mother Mother Mother's Day - from 8:00 a.m. until 7:00 p.m. Mother Mother Father's Birthday - From 8:00 a.m. until 7:00 p.m. Father Father Father's Day - From 8:00 a.m. until 7:00 p.m. Father Father 4 For the calendar year 2012 only the Thanksgiving holiday Mother shall have of school on the Tuesday before the holiday until the Saturday following the holiday at 5: p.m. and Father shall have the Saturday following the holiday at 5:00 p.m. until Tuesd at 7:30 a.m. Father and Mother shall also alternate the following minor holidays and sp days from 7:30 a.m. the day of the holiday until the next morning at 7:30 a.m. or the of school: Holiday/Special Day Even Years Odd Years Martin Luther King Day Mother Father President's Day Mother' Father Gotcha Day (February 26`h) Mother Father Memorial Day Father Mother 0 of July Mother Father Labor Day Father Mother Columbus Day Mother Father Veterans Day Father Father The holiday schedule shall take priority over any other scheduled period of time. 4. Each party shall be entitled to four separate weeks of uninterrupted custod during the summer months. A week shall be defined as seven consecutive days which shall b taken Friday to Friday from 7:30 a.m. to 7:30 a.m. Said custodial time shall encompass th requesting party's regularly scheduled weekend and the four weeks cannot be taken back t back. The parties will notify one another by email of their requested vacation times by Marc 5 15'h of each year so that appropriate summer camps can be arranged for the children. No than seven days in advance of the intended vacation the party taking vacation must advice other party by email of the exact location of the intended vacation, hotel or other details, and a telephone number where the children can be reached during the vacation The vacation schedule shall not interfere with the holiday schedule hereinabove, i.e. no can be taken if it interferes with the other party's holiday custody. If the.parties select the period of time, the party giving notice first shall be entitled to the time. By agreement of parties, the children may spend some of their summer vacation visiting with their (which agreement will not be unreasonably withheld). For 2012 only, Father shall have October 13, 2012 at 8:00 a.m. through 22, 2012 at 7:30 a.m. for purposes of a pre-planned vacation. 5. It is the parties' intent to find periods of time when Mother can have time just Alliyah while Father has time with just the boys and Father can have time with just while Mother has time with just the boys. 6. The parties' agree the children shall attend a summer daycare program the of which will be shared by the parties. The parties will agree to the appropriate summer program or, if the parties cannot agree, the children will attend the summer daycare pro offered by the Carlisle Family YMCA. 7. The parties agree that the children shall attend school in the South Township School District. 8. Transportation will be shared by the parties with the weekday occurring at the children's respective daycare providers and before and after school 6 If the children are not in daycare at the time of the transition, then the transfer shall be made the appointed time at Home Depot parking lot. If the children are not participating in afterschool childcare program, and it is Mother's custodial day and she cannot pick up one more of the children from their respective school at dismissal time, said child shall ride school bus to Father's residence and Father shall meet Mother at the Home Depot parking between 5:15 p.m. and 5:30 p.m. as directed by Mother. 9. If at any time the custodial parent is not available to take care of one or more the children for a period of two or more hours, he or she must contact the non-custodial and offer them the option of providing care for the children. When possible, each party provide the other with 48 hours advance notice of their conflict. This provision shall not one parent or the other from leaving the children in the care of a grandparent nor shall it a parent from leaving a child in daycare Monday through Friday while that parent works. 10. To the greatest extent possible, the parties will see to it that the children have normal social life such as attending birthday parties with friends, school and scouting activiti if any, and socializing with their peers. The parents shall permit and support the children access to all family relationships. Special family events such as weddings, family reunion family gatherings, funerals, graduations, etc. shall be accommodated by both parties with reguL custody resuming immediately thereafter. Each parent shall have the option of proposing time date variations to the other parent when special recreational options or other unexpectc opportunities arise. 11. The children shall be permitted to engage in one athletic extracurricular activi per season. In addition, children may also be engaged in additional extracurricular activities (i. 7 tutoring, band, chorus, SHACK, boy/girl scouts). If the children are signed up for extracurricular activities then that child must finish the extracurricular activity for the Both parents shall ensure that the children are timely delivered to his or her practices and during that parent's custodial time. Each party shall provide the other parent at least 48 advance notice of any conflict concerning getting the children to or from their activities. Each party shall be sure that nay personal items of the children, such as, their equipment, uniform or musical instruments and the like are transported to the other parent for or her custodial time. The parties must agree on all extracurricular activities before the are signed up for the activity. The party suggesting the activity is responsible for signing up children for the activity and providing the other parent with all details regarding the activiti including but not limited to schedules, rules, contact information for supervisors/coaches and like. Costs for the children's extracurricular activities shall be shared equally by the parties. 12. Both parties shall be sure that the children complete their homework each every school night. 13. The parties shall each provide clothing for their children for their periods partial custody. Each parry shall be sure that any personal items of the children, such as equipment and the like are transported to the other parent for his or her custodial time. 14. The non-custodial parent, at any given time, shall have reasonable access to the children, and the children should not be precluded from telephoning the no4- custodial parent at reasonable times. Should the children be unavailable to receive a call from the parent, the custodial parent shall make reasonable efforts to have the children the telephone call. Neither party shall interfere with the other party's telephone contacts with 8 children. At a minimum, the custodial parent shall have the children call the non-custodial each day between 8:00 p.m. and 8:30 p.m. 15. The parent with physical custodial responsibilities for the children during given period of time shall communicate in a prompt fashion with the other parent concerning well-being of the children, and shall appropriately notify the other parent of any changes health or educational progress. Each parent will seek and obtain emergency medical for the children when they are in that party's custody. Each parent shall advise the immediately of any emergency medical or serious illness or injury suffered by the children learning of same. With regard to non-emergency treatment, the parties will notify one by email of all doctor's appointments, dental appointments and the like as same are scheduled. 16. The children shall begin counseling with a counselor(s) mutually agreeable both parents. Mother has suggested Franco and Associates for said counseling. Father meet with Franco and Associates to determine whether or not he is willing to use them. If is not willing to use Franco and Associates, the parties shall work through the selection of counselor(s) with the Parent Coordinator. 17. Neither parent shall speak with the children on any issue relating to adult i Each party shall exercise his or her best efforts to foster the respect, love and affection of children toward the other parent and shall avoid any action which would demean the other before the children. Further, the parties shall not permit any other person to make any which would tend to demean the other parent in the children's presence. 18. The parties agree to use M. Teri Hall Stiltner, Esquire as a Parent Coordinator agree to sign such waivers, releases and documents, including but not limited to the 9 Coordination Agreement that Attorney Stiltner may require. Both parties agree to equally the cost of the Parent Coordinator and make deposit as required by Attorney Stiltner. 19. The parties agree that the Parent Coordinator shall address the first complaints of contempt on any issue. Upon the third contempt, the parties may seek any and remedies available to them through the Court. 20. No party shall be permitted to relocate the residence of the child to impair the ability of another person to exercise custody UNLESS every individual who custody rights to the child consents to the proposed relocation OR the Court approves proposed relocation. A person proposing to relocate MUST comply with the notice requi pursuant to 23 Pa.C.S.A. § 5337(c). 21. This Order of Court shall replace and supersede any existing arrangements between the parties. 22. This Order of Court shall continue in full force and effect until further Order df Court or amended agreement in writing between the parties. 23. The parties hereby waive their respective rights to present this agreement in court or to have their case heard by the court at this time. s C?0? ? L?-* - Witness Witness Rounce Robert Rounce 10 REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-6861 ROBERT ROUNCE, : CIVIL ACTION -LAW Defendant IN CUSTODY ASSIGNED JUDGE: KEVIN A. HESS ORDER OF COURT AND NOW, this X day of -_ 4vf N+" _ , 2012, in consideration of stipulated Custody Order entered by agreement of the parties on August 2012, IT HEREBY ORDERED THAT: 1. M. Teri Hall Stiltner, Esquire, is appointed as Parenting Coordinator in the at captioned action for the following children: LEVI ROUNCE, born February 1, 2001, JE ROUNCE, born October 4 2004, and ALLIYAH ROUNCE, born April 9, 2007. 2. The duties and authority for the Parenting Coordinator shall include: a. Access to all records maintained regarding the children by any health c or educational or therapeutic professional and each parent is directed execute appropriate releases for such information as may be requested such third party professionals. b. Directing the implementation of the current custody order, including bit not limited to dates, times, places and conditions for exchanges of custody, temporary variation from the court-ordered schedule for special even , holiday, vacation plan or other particular circumstance. C. Making unresolved decisions regarding the children's participation i extracurricular sports and activities, as well as peer-focused social events. d. Making unresolved decisions regarding non-school based learning services and supplemental learning activities. e. Making unresolved decisions regarding services for the children rega mental or physical health, including issues related to counseling medication. f. The parties shall sign releases as may be necessary to al communication between the Parenting Coordinator and any professic providing services to the individual or the family, upon the request of Parenting Coordinator. g. Coordinating Communication between the parties and between each and the child. h. Make a decision for the parties to resolve any conflicts directly related custody of the children when requested by the parties. 3. The Parenting Coordinator may make written recommendations to the parties any time. Recommendations issued directly to the parties shall be effective immediately up( delivery and shall have the force of a court order, subject to the legal protections set forth Paragraph 6 below. The Parenting Coordinator may also make written recommendations to tl Court at any time and may report in writing to the Court as to progress or the lack of progre between the parties as the Parenting Coordinator deems appropriate in her sole discretion. 4. The Parenting Coordinator is expressly empowered to alter the custody schedu on a temporary basis for periods of up to 24-hours at a time except as set forth in paragraph below. Said alterations may be made only after each party has had a reasonable opportunit with reasonable opportunity being defined by the exigency of the circumstances, to communica his or her position on the proposed schedule change to the Parenting Coordinator. Tempora schedule alterations of no more than 48-hours in length may also be imposed by the Parentis Coordinator as a sanction against either party for failure to follow the custody order or a writtt recommendation of the Parenting Coordinator. Notice of a decision under this paragraph shk be provided in accordance with Paragraph 5 below. Any decision of the Parenting Coordinat, made pursuant to this paragraph is subject to the legal protections set forth in Paragraph 6 belov 5. Any recommendations made by the Parenting Coordinator shall be presented the Court with copies to the parties and to the parties' attorneys of record. 6. The Court, in its discretion, may act directly on a recommendation from tl Parenting Coordinator, or may schedule a conference or hearing with notice and an opportuni to be heard. Each party retains the right to petition the Court with regard to the conduct of tl other party and any recommendation(s) made by the Parenting Coordinator. In any event tl Parenting Coordinator shall address issues relating to violations of the Order (contempt) referenced in paragraph 19 of the Custody Stipulation and Order. The Parenting Coordinate shall determine whether contempt has occurred and shall provide a report to the parties, couns and the Court. The Parenting Coordinator reserves the right to implement appropriate sanctioi to the violating party including but not limited to adjustments in time up to 48 hours as set for 2 in paragraph 4 above. After the Parenting Coordinator determines that two (2) contempts of Order have occurred by a party, if a third allegation of contempt is raised against that party, matter shall immediately be addressed pursuant to paragraph 19 of the Custody Stipulation Order. 7. The Parenting Coordinator may communicate with any party or his or her attorn in writing or verbally, if necessary, and shall advise all parties/attorneys or any su, communications. Any party or attorney may communicate in writing with the Parentis Coordinator, as long as copies of the communication are provided to the other party or coun., simultaneously. Any communications from the parents and/or their attorneys to the Parentis Coordinator and/or from the Parenting Coordinator to the parties and their attorneys shall not deemed confidential, but rather shall be admissible in evidence at any proceedings held befe the Court, subject to the Pennsylvania Rules of Evidence. 8. The Parent Coordinator will schedule an initial intake meeting. Subsequc meetings between the parties either in person, by phone or email, should be scheduled only whi one of the parties brings an issue to the Parenting Coordinator. 9. The parties will have the right to rely on decisions made by the Parentij Coordinator regarding any issue raised by the parties, until such time as the Court, with without a hearing, enters an Order regarding the issue raised by the parties. 10. On or before August 15, 2012, Plaintiff shall deliver the sum of $500.00 a] Defendant shall deliver the sum of $500.00 for a total of $1,000.00, to the Parenting Coordinat as an advance retainer. The Parenting Coordinator shall draw against that retainer at the rate $100.00 an hour plus reasonable costs for such things as photocopying, long distance telepho calls, and mailing expenses with Plaintiff being responsible for 50% and Defendant responsib for 50% of these cause of the time being spent by the Parenting Coordinator, the Parentis Coordinator may deviate from this allocation as she deems appropriate. The Parentis Coordinator shall advise the parties in writing of the basis for any deviation in allocation of fe and expenses. Any funds remaining at the termination of the Parenting Coordinator's servica shall be refunded to the parties. In the event the retainer, or one party's portion of the retainer, expended prior to the termination of the Parenting Coordinator's services, the parties shy provide such additional advance within 30 days of any request to do so by the Parentii Coordinator. A willful failure to advance an initial or later retainer within thirty days of demand therefore, may be the subject of a contempt action. 11. In the event of contempt proceedings before the Court relating to this Order, tl Parenting Coordinator Agreement, or a directive issued by the Parenting Coordinator, aft notice and an opportunity to be heard, the Court may impose any standard sanctions that a appropriate, may direct the party in contempt to reimburse the other party for certain costs ax expenses involved in receiving the Parent Coordinator services, and may impose any oth penalties which the Court deems appropriate under the circumstances. 3 12. The parties shall execute a contract with the Parenting Coordinator upon presentation. 13. Unless terminated earlier by Order of Court, the appointment of the Parenti Coordinator shall terminate one year from the date of the entry. Either party reserves the right request that the Court extend the Parenting Coordinator appointment at the end of the one yf term referenced herein. BY THE COURT: Kevin A. " ess, Judge Distribution: i? Jane Adams, Esquire, 17 West South Street, Carlisle, PA 17013 Maria P. Cognetti, Esquire, Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 eop', e5 ma :(ed fib'//a c? ?w C-; ?I 2 N i GO a 4 REBEKAH ROUNCE, Plaintiff V. ROBERT ROUNCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-6861. CIVIL ACTION -LAW IN CUSTODY ASSIGNED JUDGE: KEVIN A. HESS ORDER OF COURT AND NOW, to wit, this 8 V day of /4V 04? 2012, it hereby ORDERED and DECREED as follows: 1. The parties shall have shared legal custody of their three children, ROUNCE, born February 1, 2001, JESSE ROUNCE, born October 4 2004, and ALLIY. ROUNCE, born April 9, 2007. Major decisions concerning the children, including, but limited to, the children's health, welfare, education, religious training and upbringing shall made by the parties' jointly, after discussion and consultation with each other, with a toward obtaining and following a harmonious policy in the children's best interest. Neither p shall impair the other party's rights to shared legal custody of the children. Neither party s attempt to alienate the affections of the children from the other party. Each party shall notify other of any activity or circumstance concerning their children that could reasonably be expec 1 to be of concern to the other. Day to day decisions shall be the responsibility of the party having physical custody. With regard to any emergency decisions which must be made, party having physical custody of the child at the time of the emergency shall be permitted make any immediate decisions necessitated thereby. However, that party shall inform the of the emergency and consult with him or her as soon as possible. Each party shall be entitled complete and full information from any doctor, dentist, teacher, professional or authority and have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5336. 2. Mother and Father shall share physical custody of their three children accordance with the following schedule: a. During Week 1 which shall begin on Monday, August 20, 2012: i. Mother shall have Monday at the start of school or daycare, or 7:3 a.m. if there is no school, until Wednesday at the start of school daycare or 7:30 a.m. if there is no school. ii. Father shall have Wednesday at the start of school or daycare, 7:30 a.m. if there is no school, until Friday at the start of school daycare, or 7:30 a.m. if there is no school, iii. Mother shall have Friday at the start of school or daycare, or 7:3 a.m. if there is no school, until Monday at the start of school daycare, or 7:30 a.m. if there is no school. b. During Week 2 which shall begin on Monday, August 27, 2012: i. Father shall have Monday at the start of school or daycare, or 7:3 a.m. if there is no school, until Wednesday at the start of school 2 daycare, or 7:30 a.m. if there is no school. ii. Mother shall have Wednesday at the start of school or daycare, 7:30 a.m. if there is no school, until Friday at the start of school daycare, or 7:30 a.m. if there is no school. iii. Father shall have Friday at the start of school or daycare, or 7: a.m. if there is no school, until Monday at the start of school daycare, or 7:30 a.m. if there is no school. C. Father shall have the following time each year: i. The Saturday after Thanksgiving at 5:00 p.m. until Tuesday at 7: a.m.; and ii. The Friday before the first Saturday of rifle deer season at 5: p.m. until Sunday at noon; iii. The Friday evening before the opening day of trout season at 5: p.m. until the Sunday at 5:00 p.m. iv. If the above times would fall during Mother's custodial time 1 paragraphs a and b above, Mother shall be provided make up tip for the time she would miss. d. If Mother is working on Saturdays, Father shall have 8:45 a.m. until 5:1 p.m. It is assumed that Father will always have this time based c Mother's present work schedule. If Mother is not working she will advi,, Father at least 48 hours in advance that she is not working and will t keeping the children. 3 3. The parties will share the following holidays as indicated: Holiday Even Years Odd Yea Thanksgiving A - 8:00 a.m. the day of the holiday until Mother Father noon on Friday, the day following the holiday Thanksgiving B - Noon the Friday following the Father Mother holiday until 5:00 p.m. Saturday Christmas A - From noon Christmas Eve until noon on Father Mother Christmas Day Christmas B - From noon Christmas Day until noon on Mother Father December 26th New Year's A - From noon New Year's Eve until noon Mother Father New Year's Day (New Year's Day follows the odd/even of New Year's Eve) New Year's B - from noon New Year's Day until the Father Mother next morning at 8:00 a.m. or the start of school Easter -From 5:30 p.m. on Good Friday until 7:30 a.m. Father Mother until Monday following Easter Mother's Birthday - from 8:00 a.m. until 7:00 p.m. Mother Mother Mother's Day - from 8:00 a.m. until 7:00 p.m. Mother Mother Father's Birthday - From 8:00 a.m. until 7:00 p.m. Father Father Father's Day - From 8:00 a.m. until 7:00 p.m. Father Father For the calendar year 2012 only the Thanksgiving holiday Mother shall have of school on the Tuesday before the holiday until the Saturday following the holiday at 5: p.m. and Father shall have the Saturday following the holiday at 5:00 p.m. until Tuesd at 7:30 a.m. 4 Father and Mother shall also alternate the following minor holidays and days from 7:30 a.m. the day of the holiday until the next morning at 7:30 a.m. or the of school: Holiday/Special Day Even Years Odd Y Martin Luther King Day Mother Father President's Day Mother' Father Gotcha Day (February 26th) Mother Father Memorial Day Father Mother 4th of July Mother Father Labor Day Father Mother Columbus Day Mother Father Veterans Day Father Father The holiday schedule shall take priority over any other scheduled period of time. 4. Each party shall be entitled to four separate weeks of uninterrupted cust& during the summer months. A week shall be defined as seven consecutive days which shall t taken Friday to Friday from 7:30 a.m. to 7:30 a.m. Said custodial time shall encompass requesting party's regularly scheduled weekend and the four weeks cannot be taken back back. The parties will notify one another by email of their requested vacation times by Mai 15th of each year so that appropriate summer camps can be arranged for the children. No 1 than seven days in advance of the intended vacation the party taking vacation must advice other party by email of the exact location of the intended vacation, hotel or other accommodate details, and a telephone number where the children can be reached during the vacation 5 The vacation schedule shall not interfere with the holiday schedule hereinabove, i.e. no can be taken if it interferes with the other party's holiday custody. If the parties select the period of time, the party giving notice first shall be entitled to the time. By agreement of parties, the children may spend some of their summer vacation visiting with their (which agreement will not be unreasonably withheld). For 2012 only, Father shall have October 13, 2012 at 8:00 a.m. through October 22, 20 at 7:30 a.m. for purposes of a pre-planned vacation. 5. The parties shall work together to find periods of time when Mother can time with just Alliyah while Father has time with just the boys and Father can have time with j Alliyah while Mother has time with just the boys. 6. The parties' children shall attend a summer daycare program the costs of will be shared by the parties. The parties will agree to the appropriate summer daycare or, if the parties cannot agree, the children will attend the summer daycare program offered the Carlisle Family YMCA. 7. The children shall attend school in the South Middleton Township District. 8. Transportation will be shared by the parties with the weekday occurring at the children's respective daycare providers and before and after school If the children are not in daycare at the time of the transition, then the transfer shall be made the appointed time at Home Depot parking lot. If the children are not participating in afterschool childcare program, and it is Mother's custodial day and she cannot pick up one more of the children from their respective school at dismissal time, said child shall ride 6 school bus to Father's residence and Father shall meet Mother at the Home Depot parking 1 between 5:15 p.m. and 5:30 p.m. as directed by Mother. 9. If at any time the custodial parent is not available to take care of one or more the children for a period of two or more hours, he or she must contact the non-custodial pare and offer them the option of providing care for the children. When possible, each party sh, provide the other with 48 hours advance notice of their conflict. This provision shall not preve one parent or the other from leaving the children in the care of a grandparent nor shall it preve a parent from leaving a child in daycare Monday through Friday while that parent works. 10. To the greatest extent possible, the parties will see to it that the children have normal social life such as attending birthday parties with friends, school and scouting activities, if any, and socializing with their peers. The parents shall permit and support the children's access to all family relationships. Special family events such as weddings, family reunion , family gatherings, funerals, graduations, etc. shall be accommodated by both parties with regular custody resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpect opportunities arise. 11. The children shall be permitted to engage in one athletic extracurricular activity per season. In addition, children may also be engaged in additional extracurricular activities (i tutoring, band, chorus, SHACK, boy/girl scouts). If the children are signed up for extracurricular activities then that child must finish the extracurricular activity for the seasc Both parents shall ensure that the children are timely delivered to his or her practices and gam during that parent's custodial time. Each party shall provide the other parent at least 48 hot 7 advance notice of any conflict concerning getting the children to or from their activities. Each party shall be sure that any personal items of the children, such as their equipment, uniform or musical instruments and the like are transported to the other parent for h or her custodial time. The parties must agree on all extracurricular activities before the childre are signed up for the activity. The party suggesting the activity is responsible for signing up tt children for the activity and providing the other parent with all details regarding the activitie including but not limited to schedules, rules, contact information for supervisors/coaches and tt like. Costs for the children's extracurricular activities shall be shared equally by the parties. 12. Both parties shall be sure that the children complete their homework each every school night. 13. The parties shall each provide clothing for their children for their periods partial custody. Each party shall be sure that any personal items of the children, such as equipment and the like are transported to the other parent for his or her custodial time. 14. The non-custodial parent, at any given time, shall have reasonable access to the children, and the children should not be precluded from telephoning the custodial parent at reasonable times. Should the children be unavailable to receive a call from the parent, the custodial parent shall make reasonable efforts to have the children the telephone call. Neither party shall interfere with the other party's telephone contacts with children. At a minimum, the custodial parent shall have the children call the non-custodial each day between 8:00 p.m. and 8:30 p.m. 15. The parent with physical custodial responsibilities for the children during given period of time shall communicate in a prompt fashion with the other parent concerning 8 well-being of the children, and shall appropriately notify the other parent of any changes health or educational progress. Each parent will seek and obtain emergency medical for the children when they are in that party's custody. Each parent shall advise the immediately of any emergency medical or serious illness or injury suffered by the children learning of same. With regard to non-emergency treatment, the parties will notify one by email of all doctor's appointments, dental appointments and the like as same are scheduled. 16. The children shall begin counseling with a counselor(s) mutually agreeable both parents. Mother has suggested Franco and Associates for said counseling. Father meet with Franco and Associates to determine whether or not he is willing to use them. If F is not willing to use Franco and Associates, the parties shall work through the selection of counselor(s) with the Parent Coordinator. 17. Neither parent shall speak with the children on any issue relating to adult issue. Each party shall exercise his or her best efforts to foster the respect, love and affection of children toward the other parent and shall avoid any action which would demean the other before the children. Further, the parties shall not permit any other person to make any which would tend to demean the other parent in the children's presence. 18. M. Teri Hall Stiltner, Esquire shall be appointed as a Parent Coordinator separate Order. 19. The parties agree that the Parent Coordinator shall address the first complaints of contempt on any issue. Upon the third contempt, the parties may seek any and remedies available to them through the Court. 9 20. No party shall be permitted to relocate the residence of the child to impair the ability of another person to exercise custody UNLESS every individual who custody rights to the child consents to the proposed relocation OR the Court approves proposed relocation. A person proposing to relocate MUST comply with the notice pursuant to 23 Pa.C.S.A. § 5337(c). 21. This Order of Court shall replace and supersede any existing arrangements between the parties. 22. This Order of Court shall continue in full force and effect until further Order 4f Court or amended agreement in writing between the parties. BY THE COURT: -X,4, /I ZOL Kevin k "Hess, ess, Judge Distribution: l t/ Jane Adams, Esquire, 17 West South Street, Carlisle, PA 17013 Maria P. Cognetti, Esquire, Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 r-I N C G`> 00 CZ) FYI 10 <<. i J JUL p1 r. c tdS�LVANJA COGNETTI&ASSOCIATES MARIA P. COGNETTI,ESQUIRE Attorney I.D.No.27914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717)909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-6861 ROBERT ROUNCE, CIVIL ACTION—LAW Defendant : IN CUSTODY ASSIGNED JUDGE: KEVIN A. HESS PETITION FOR MODIFICATION OF CUSTODY ORDER AND FOR CONTEMPT OF COURT AND NOW, comes Defendant, Robert Rounce, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition for Modification of Custody Order and for Contempt of Court, and in support thereof avers as follows: 1. Defendant/Petitioner, Robert Rounce, (hereinafter referred to as "Father"), is an adult individual currently residing at 21 Cobblestone Drive, Carlisle, Pennsylvania, 17015. 2. Plaintiff/Respondent, Rebekah Rounce, (hereinafter referred to as "Mother"), is an adult individual currently residing at 215 White Oak Circle, Mount Holly Springs, Pennsylvania, 17065. a � 0 0!9 Clk-4 �y�e %__Vj- s� 3. The parties are the natural parents of two (2) minor children, Levi Rounce, date of birth February 1, 2001, and Jesse Rounce, date of birth October 4, 2004. The parties are the adoptive parents of one (1) minor child, Alliyah Rounce, date of birth April 9, 2007. 4. On August 7, 2012, pursuant to a stipulation by the parties, this Honorable Court entered a Custody Order whereby the parties share legal and physical custody of their three (3) minor children. A copy of the August 7, 2012 Order is attached and marked as "Exhibit A." COUNT I - CONTEMPT 5. Paragraphs 1 through 4 of Father's Petition are incorporated herein as if more fully set forth at length. 6. Pursuant to Paragraph 8 of the August 7, 2012 Order, the exchange point for custody exchanges is the Home Depot parking lot unless the children are at daycare or their after school programs. Said neutral custody exchange point was selected as a result of Mother's past disruptive behavior at Father's home resulting in a Notice of Defiant Trespass letter. 7. On April 29, 2013, Father attempted numerous times to arrange for a custody exchange at the Home Depot parking lot as required by the Order. Mother ignored Father's attempts and instead sought to have the custody exchange occur at Father's home. Despite Father's repeated requests to exchange custody at the Home Depot parking lot, Mother's husband showed up at Father's home. As a result of this incident, Father was forced to send a Notice of Defiant Trespass letter to Mother's husband. 8. Pursuant to Paragraph 11 of the August 7, 2012 Order, the children are permitted to engage in one athletic extracurricular activity per season. Further, Paragraph 11 provides that the children may also be engaged in additional (non-athletic) extracurricular activities. The Order provides that if the children are signed up for an extracurricular activity, then that child must finish the extracurricular activity for the season. 9. To ensure that the children attend their extracurricular activities, Paragraph 11 of the August 7, 2012 Order requires that "[b]oth parents shall ensure that the children are timely delivered to his or her practices and games during that parent's custodial time. Each party shall provide the other parent at least 48 hours advance notice of any conflict concerning getting the children to or from their extracurricular activities." 10. Father contends that Mother has violated Paragraph 11 of the August 7, 2012 Order for the following reasons: a. On February 13, 2012, Mother failed to ensure Alliyah's attendance at her gymnastics practice. The parties' prior parent coordinator found Mother in contempt of the August 7, 2012 Order based upon this failure. b. On April 1, 2013, Mother was forty (40) minutes late to Jesse's Cub Scout meeting. Said meeting only lasts sixty (60) minutes. The parties' prior parent coordinator found Mother in contempt of the August 7, 2012 Order as a result of this tardiness. c. On April 16, 2013, Mother failed to ensure Levi's attendance at his soccer practice. Following Father's questioning regarding this failure, Mother alleged that the child had stitches and could therefore not participate in the practice. Mother failed to abide by the 48-hour notification provision of the Order by failing to notify Father of her decision to withhold the child from his practice prior to the scheduled practice. d. On April 20, 2013, Mother failed to ensure Levi's attendance at his track meet. Mother once again alleged that the child had stitches and could therefore not participate in the track meet; however, Mother failed to abide by the 48-hour notification provision of the Order by failing to notify Father of her decision to withhold the child from his track meet prior to the scheduled meet. Further, Mother brought Levi to his soccer game on that same day notwithstanding his stitches. e. On April 29, 2013, Mother's husband dropped Jesse off alone at the location of his Cub Scouts meetings. Alarmingly, there was no Cub Scouts meeting scheduled for that evening. Fortunately, the Cub Scout leaders were present for an organizational meeting. After failing to reach Mother, the leaders reached out to Father who was able to retrieve the child and bring him to his house. Said mishap is what prompted the incident detailed in Paragraph 7 above. f. On May 8, 2013, Mother failed to ensure Alliyah's attendance at her gymnastics practice. Mother failed to abide by the 48-hour notification provision of the Order by failing to notify Father of her decision to withhold the child from her gymnastics practice prior to the scheduled practice. g. On May 22, 2013, Mother failed to ensure Alliyah's attendance at her gymnastics practice. Mother failed to abide by the 48-hour notification provision of the Order, and instead e-mailed Father at 1:40 p.m. on the day of the practice wherein she informed Father that she was not taking the child to her practice. In fact, Mother failed to ensure Alliyah's attendance at her gymnastics practices for the entire month of May of 2013. h. On June 1, 2013, Mother failed to ensure Levi's attendance at his soccer game. Mother failed to abide by the 48-hour notification provision of the Order by failing to notify Father of her decision to withhold the child from his practice prior to the scheduled practice. i. On June 14, 2013, Father received a call from Levi at approximately 8:45 p.m. The child informed Father that Mother could not bring him to his soccer tournament scheduled for the following morning, June 15, 2013. Father was able to make arrangements to pick the child up at 9:00 p.m. on June 14, 2013, to ensure that he could get the child to his soccer tournament on time in the morning. Mother failed to abide by the 48-hour notification provision of the Order by failing to notify Father of her inability to take the child to his soccer tournament. 11. Pursuant to Paragraph 11 of the August 7, 2012 Order, "[e]ach party shall be sure that nay [sic] personal items of the children, such as, their sports equipment, uniform or musical instruments and the like are transported to the other parent for his or her custodial time." Further, Paragraph 13 provides that "[e]ach party shall be sure that any personal items of the children, such as sports equipment and the like are transported to the other parent for his or her custodial time." 12. Since the entry of the August 7, 2012 Order, there have been a number of times when Mother has failed to return the children to Father with their sports equipment and/or uniforms. Such failure has caused Father and the children unnecessary stress as they attempt to prepare for their various games and practices without their proper equipment. 13. Pursuant to Pennsylvania's custody statute, "a court may award reasonable interim or final counsel fees, costs and expenses to a party if the court finds that the conduct of another party was obdurate, vexatious, repetitive or in bad faith." 23 Pa.C.S.A. § 5339. 14. Since April 30, 2013, when Father and Mother were notified that their parent coordinator would no longer serve as such pursuant to the recent changes in the Pennsylvania Rules of Civil Procedure, Mother has consistently failed to abide by the terms of the August 7, 2012 Order. 15. By reason of Mother's contemptuous behavior, Father has been put to considerable expense in the preparation of his case in the employment of counsel and the payment of costs. COUNT II—MODIFICATION 16. Paragraphs 1 through 15 of Father's Petition are incorporated herein as if more fully set forth at length. 17. Father seeks a modification of this Honorable Court's Order of August 7, 2012, 18. Father believes and therefore avers that it is in the best interest of the children for him to be granted shared legal and primary physical custody of the children for the following reasons, among others: a. Father is better prepared than Mother to provide stability and continuity in the children's education, family life, and community life; b. Mother fails to administer medication to the children as prescribed by the children's doctor; c. Mother's ongoing mental health issues prevent her from organizing the children's schedules to ensure that the children are timely delivered to their extracurricular activities during her custodial time; d. Mother makes frequent, last-minute changes to the custodial schedule resulting in the children's uncertainty and confusion; e. Mother fails to ensure that the children's school assignments are properly completed during her custodial time; f. Mother fails to effectively communicate with Father regarding the children and often inappropriately uses the children as a means of communication with Father; and g. Mother makes disparaging remarks about and/or to Father in the presence of the children. 19. Based on the foregoing, Father believes, and therefore avers, that he should be awarded shared legal and primary physical custody of the children. 20. The best interest and permanent welfare of the children would be served by a modification of the current Custody Order. 21. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, has been named as a party to this action. WHEREFORE, Father respectfully requests that this Honorable Court issue an Order that: a. Finds Mother in contempt of the August 7, 2012 Order; b. Modifies the August 7, 2012 Order and grants Father shared legal and primary physical custody of the children; c. Directs the payment of costs and attorney's fees; and d. Grants such other relief as the Court deems equitable and just. Respectfully Submitted: COGNETT ASSO IATES f Date: June 26, 2013 By: MARIA . CO ETTI, ESQUIRE Attorney I.D. o' 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Petition for Modification of Custody Order and for Contempt of Court by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 COGNETTI & ASSOCIATES i . ° l� Date: June 26, 2013 By: MARIA P1 COG ETTI, ESQUIRE Attorney I.D. 140. 7914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, Robert Rounce, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information,knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: 2b J 13 Robert Rounce Lr U- '; l T .� 0TI iJ -7 PM 3: l; CUMBERLAND CeUN ' rENNNSYLVANIA REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-6861 ROBERT ROUNCE, CIVIL ACTION—LAW Defendant IN CUSTODY ASSIGNED JUDGE: KEVIN A. HESS STIPULATION FOR CUSTODY AND NOW, this day of V 57 2012, Rebekah Rounce, Plaintiff, (hereinafter referred to as "Mother"), and Robert Rounce, Defendant, (hereinafter referred to as "Father"), hereby stipulate that the following is the substance of their agreement setting forth a custodial schedule for their minor children, LEVI ROUNCE, bom February 1, 2001, JESSE ROUNCE,born October 4 2004, and ALLIYAH ROUNCE,born April 9, 2007: 1. The parties agree to shared legal custody of their three children. Major decisions concerning the children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by the parties' jointly, after discussion and consultation with each other,with a view toward obtaining and following a harmonious policy in the children's best interest. Neither party shall impair the other party's rights to shared legal 1 custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5336. 2. Mother and Father agree to share physical custody of their three children in accordance with the following schedule: a. During Week 1 which shall begin on Monday,August 20, 2012: i. Mother shall have Monday at the start of school or daycare, or 7:30 a.m. if there is no school,until Wednesday at the start of school or daycare or 7:30 a.m. if there is no school. ii. Father shall have Wednesday at the start of school or daycare, or 7:30 a.m. if there is no school, until Friday at the start of school or daycare, or 7:30 a.m. if there is no school, iii. Mother shall have Friday at the start of school or daycare, or 7:30 a.m. if there is no school, until Monday at the start of school or daycare, or 7:30 a.m. if there is no school. 2 b. During Week 2 which shall begin on Monday, August 27, 2012: i. Father shall have Monday at the start of school or daycare, or 7:30 a.m. if there is no school, until Wednesday at the start of school or daycare, or 7:30 a.m. if there is no school. ii. Mother shall have Wednesday at the start of school or daycare, or 7:30 a.m. if there is no school, until Friday at the start of school or daycare, or 7:30 a.m, if there is no school. iii. Father shall have Friday at the start of school or daycare, or 7:30 a.m, if there is no school, until Monday at the start of school or daycare, or 7:30 a.m. if there is no school. C. , Father shall have the following time each year: i. The Saturday after Thanksgiving at 5:00 p.m. until Tuesday at 7:30 a.m.; and ii. The Friday before the first Saturday of rifle deer season at 5:00 p.m.until Sunday at noon. The Friday evening before the opening day of trout season at 5:00 p.m. until the Sunday at 5:00 p.m. iv. If the above times would fall during Mother's custodial time per paragraphs a and b above, Mother shall be provided make up time for the time she would miss. d. If Mother is working on Saturdays, Father shall have 8:45 a.m. until 5:15 p.m. It is assumed that Father will always have this time based on 3 Mother's present work schedule. If Mother is not working she will advise Father at least 48 hours in advance that she is not working and will be keeping the children. 3. The parties agree to share the following holidays as indicated: Holiday Even Years Odd Years Thanksgiving A— 8:00 a.m. the day of the holiday until Mother Father noon on Friday,the day following the holiday Thanksgiving B — Noon the Friday following the Father Mother holiday until 5:00 p.m. Saturday Christmas A— From noon Christmas Eve until noon on Father Mother Christmas Day Christmas B —'From noon Christmas Day until noon on Mother Father December 26th New Year's A— From noon New Year's Eve until noon Mother Father New Year's Day (New Year's Day follows the odd/even of New Year's Eve) New Year's B — from noon New Year's Day until the Father Mother next morning at 8:00 a.m. or the start of school Easter—From 5:30 p.m. on Good Friday until 7:30 a.m. Father Mother until Monday following Easter Mother's Birthday—from 8:00 a.m.until 7:00 p.m. Mother Mother Mother's Day—from 8:00 a.m. until 7:00 p.m. Mother Mother Father's Birthday -From 8:00 a.m. until 7:00 p.m. Father Father Father's Day—From 8:00 a.m.until 7:00 p.m. Father Father 4 For the calendar year 2012 only the Thanksgiving holiday Mother shall have after school on the Tuesday before the holiday until the Saturday following the holiday at 5:00 p.m. and Father shall have the Saturday following the holiday at 5:00 p.m. until Tuesday at 7:30 a.m. Father and Mother shall also alternate the following minor holidays and special days from 7:30 a.m. the day of the holiday until the next morning at 7:30 a.m. or the start of school: Holiday/Special Day Even Years add Years Martin Luther King Day Mother Father President's Day Mother Father Gotcha Day(February 26th) - Mother Father Memorial Day Father Mother 4th of July Mother Father Labor Day Father Mother Columbus Day Mother Father Veterans Day Father Father The holiday schedule shall take priority over any other scheduled period of time. 4. Each party shall be entitled to four separate weeks of uninterrupted custody during the summer months. A week shall be defined as seven consecutive days which shall be taken Friday to Friday from 7:30 a.m. to 7:30 a.m. Said custodial time shall encompass the requesting party's regularly scheduled weekend and the four weeks cannot be taken back to back. The parties will notify one another by email of their requested vacation times by March 5 15 th of each year so that appropriate summer camps can be arranged for the children. No less than seven days in advance of the intended vacation the party taking vacation must advice the other party by email of the exact location of the intended vacation, hotel or other accommodation details, and a telephone number where the children can be reached during the vacation period. The vacation schedule shall not interfere with the holiday schedule hereinabove, i.e. no vacation can be taken if it interferes with the other party's holiday custody. If the parties select the same period of time, the party giving notice first shall be entitled to the time. By agreement of the parties, the children may spend some of their summer vacation visiting with their grandparents (which agreement will not be unreasonably withheld). For 2012 only, Father shall have October 13, 2012 at 8:00 a.m. through October 22,2012 at 7:30 a.m,-for purposes of pre-planned vacation. 5. It is the parties' intent to find periods of time when Mother can have time with just Alliyah while Father has time with just the boys and Father can have time with just Alliyah while Mother has time with just the boys. 6. The parties' agree the children shall attend a summer daycare program the costs of which will be shared by the parties. The parties will agree to the appropriate summer daycare program or, if the parties cannot agree, the children will attend the summer daycare program offered by the Carlisle Family YMCA. 7. The parties agree that the children shall attend school in the South Middleton Township School District. 8. Transportation will be shared by the parties with the weekday exchanges occurring at the children's respective daycare providers and before and after school programs. 6 If the children are not in daycare at the time of the transition, then the transfer shall be made at the appointed time at Home Depot parking lot. If the children are not participating in an afterschool childcare program, and it is Mother's custodial day and she cannot pick up one or more of the children from their respective school at dismissal time, said child shall ride the school bus to Father's residence and Father shall meet Mother at the Home Depot parking lot between 5:15 p.m. and 5:30 p.m. as directed by Mother. 9. If at any time the custodial parent is not available to take care of one or more of the children for a period of two or more hours, he or she must contact the non-custodial parent and offer them the option of providing care for the children. When possible, each party shall provide the other with 48 hours advance notice of their conflict. This provision shall not prevent one parent or the other from leaving the children in the care of a grandparent nor shall it prevent a parent from leaving a child in daycare Monday through Friday while that parent works. 10. To the greatest extent possible, the parties will see to it that the children have a normal social life such as attending birthday parties with friends, school and scouting activities, if any, and socializing with their peers. The parents shall permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with regular custody resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 11. The children shall be permitted to engage in one athletic extracurricular activity per season. In addition, children may also be engaged in additional extracurricular activities (i.e. 7 tutoring, band, chorus, SHACK, boy/girl scouts). If the children are signed up for an extracurricular activities then that child must finish the extracurricular activity for the season. Both parents shall ensure that the children are timely delivered to his or her practices and games during that parent's custodial time. Each party shall provide the other parent at least 48 hours advance notice of any conflict concerning getting the children to or from their extracurricular activities. Each party shall be sure that nay personal items of the children, such as, their sports equipment, uniform or musical instruments and the like are transported to the other parent for his or her custodial time. The parties must agree on all extracurricular activities before the children are signed up for the activity. The party suggesting the activity is responsible for signing up the children for the activity and providing the other parent with all details regarding the activities, including but not limited to schedules,rules, contact information for supervisors/coaches and the like. Costs for the children's extracurricular activities shall be shared equally by the parties. 12. Both parties shall be sure that the children complete their homework each and every school night. 13. The.parties shall each provide clothing for their children for their periods of partial custody. Each party shall be sure that any personal items of the children, such as sports equipment and the like are transported to the other parent for his or her custodial time. 14. The non-custodial parent, at any given time, shall have reasonable telephone access to the children, and the children should not be precluded from telephoning the non- custodial parent at reasonable times. Should the children be unavailable to receive a telephone call from the parent, the custodial parent shall make reasonable efforts to have the children return the telephone call. Neither party shall interfere with the other party's telephone contacts with the 8_ r children. At a minimum, the custodial parent shall have the children call the non-custodial parent each day between 8:00 p.m. and 8:30 p.m. 15. The parent with physical custodial responsibilities for the children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of the children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent will seek and obtain emergency medical treatment for the children when they are in that party's custody. Each parent shall advise the other immediately of any emergency medical or serious illness or injury suffered by the children after learning of same. With regard to non-emergency treatment, the parties will notify one another by email of all doctor's appointments, dental appointments and the like as same are scheduled. 16, The children shall'begin counseling with a counselor(s) mutually agreeable to both parents. Mother has suggested Franco and Associates for said counseling. Father shall meet with Franco and Associates to determine whether or not he is willing to use them. If Father is not willing to use Franco and Associates, the parties shall work through the selection of a counselor(s)with the Parent Coordinator. 17. Neither parent shall speak with the children on any issue relating to adult issues. Each party shall exercise his or her best efforts to foster the respect, love and affection of the children toward the other parent and shall avoid any action which would demean the other party before the children. Further, the parties shall not permit any other person to make any statement which would tend to demean the other parent in the children's presence. 18. The parties agree to use M. Teri Hall Stiltner,Esquire as a Parent Coordinator and agree to sign such waivers, releases and documents, including but not limited to the Parent 9 Coordination Agreement that Attorney Stiltner may require. Both parties agree to equally share the cost of the Parent Coordinator and make deposit as required by Attorney Stiltner. 19. The parties agree that the Parent Coordinator shall address the first two complaints of contempt on any issue. Upon the third contempt, the parties may seek any and all remedies available to them through the Court. 20. No party shall be permitted to relocate the residence of the child to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the child consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements 21. This Order of Court shall replace and supersede any existing custody arrangements between the parties. 22. This Order of Court shall continue in full force and effect until further Order of Court or amended agreement in writing between the parties, 23. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the court at this time. Witness U Rebekah Rounce Witness qRo MrtRounce _ REBEKAH ROUNCE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CA" 2009-6861 CIVIL ACTION LAW m ice, • r- ROBERT ROUNCE --< Ul IN CUSTODY DEFENDANT >C-. Tj W i` �•.. ORDER OF COURT -- - AND NOW, Wednesday,July 03,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy,Esq. ,the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Wednesday,July 31,2013 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq./ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 /0/0700,A Telephone (717)249-3166 OS'yfiC /4/4 07/61°f, � Cop� �r /�Wiy i-ltr:U-1Jr FlI;E~ OF THE �'r�r1T11 D TA k', 2013 JUL 29 AM 11: 50 CUMBERLAND COUNTY PEN14SYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAMD COUNTY, PENNSYLVANIA Rebekah Rounce, : NO.: 09-6861 Plaintiff . V. , : CIVIL ACTION—LAW Robert Rounce, : IN CUSTODY Defendant : ASSIGNED JUDGE: KEVIN A. HESS PRAECIPE TO WITHDRAW APPEARANCE AND ENTER APPEARANCE OF NEW COUNSEL TO THE PROTHONOTARY: - Please withdraw the appearance of Jane Adams, as counsel for43eficndant in the above matter 4 and enter the appearance of Joseph A. Kalasnik as new counsel for the Be€enda . -` LdA C- katw� J Adams, Esquire Joseph . Kalasnik, Esquire Ct. ID 79465 Sup. Ct ID 76063 1 W South Street 1157 Eichelberger Street, Suite 3B Carlisle, PA 17013 Hanover, PA 17331 (717)245-8508 (717) 632-0909 esgadamsngmai l.com Jkalasnik@kalasniklaw.com P EMNSY LVA,NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Respondent/Plaintiff VS. CIVIL ACTION - LAW IN CUSTODY Robert Rounce, Petitioner/Defendant ASSIGNED JUDGE: KEVIN A. HESS ANSWER TO DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND FOR CONTEMPT PLAINTIFF'S PETITION FOR MODIFICATION AND FOR CONTEMPT AND NOW, to wit, this day of 2013 comes the Plaintiff, Rebekah Rounce, by her attorney, Joseph A. Kalasnik, who files this Answer to Petition for Modification of Custody and for Contempt and avers the following: 1)Admitted. 2) Admitted. 3) Admitted. 4) Admitted. 5) Admitted. 6) and 7) Admitted in part. Denied in part. It is admitted that the prior court order directed that the exchange point for custody exchanges be the Home Depot parking lot under most circumstances. It is denied that this exchange point was selected as a result of any disruptive behavior on Mother's part or that Mother ignored Father's attempts to utilize this exchange point. To the contrary, all parties were aware that the party's son, Jesse,was at a Boy Scout meeting on a particular night. It was Mother's understanding that the child could be picked up at the location of the meeting. Therefore,the child's Stepfather,Joel Busenitz,went to the meeting location to acquire custody of Jesse for Mother. Upon arriving at the meeting location, Stepfather learned that Jesse was not there and that Boy Scout leader had already contacted Father to request that Jesse be picked up. Father came to pick up Jesse without notifying Mother of the change in circumstances and Father took Jesse back to his residence. Upon learning that the child had been removed from the meeting location and returned to Father's residence, Stepfather traveled to Father's residence as a convenience to Father to pick the child up, so that Mother might begin her period of custody with the child. Instead of expressing gratitude for Mother and Stepfather's attempt to make the exchange convenient for Father, Father threatened Stepfather and subsequently sent an unnecessary and vindictive notice of defiant trespass to Stepfather. Strict proof of Father's allegations herein is demanded at trial. 8)Admitted in part. Denied in part. It is admitted that the existing order directs that the children are permitted to engage in one extracurricular athletic activity per season. However,Father's averment is disingenuous in that Father has unilaterally signed up the parties' son, Levi, for two separate soccer teams with two separate programs and two separate schedules,thus violating the intent of the order regarding limited extracurricular activities. By way of further explanation,the soccer programs that Father has essentially required one or more of the children to participate in last from the spring thru fall seasons. Additionally, Father has caused Levi to be a substitute on a third soccer team. Father has also caused Levi to participate in school track in the spring. As such, Father has violated the provision of the order regarding extracurricular activities by creating an unduly complicated and burdensome schedule for the children. Strict proof of Father's allegations herein is demanded at trial. 9) Admitted in part. Denied in part. It is admitted that paragraph 9 of the August 7,2012 Order substantially states the quoted text in Father's paragraph 9. It is denied that paragraph 11 contains such text. Strict proof of Father's allegations herein is demanded at trial. 10) (a) Denied. By way of further answer, one or more urgent circumstances arose less than 48-hours before the gymnastics practice,thus preventing Mother from notifying Father within 48-hours,but through no fault of her own. In fact, Mother did contact Father as soon as practicable and informed Father that the child did need transportation to the gymnastics practice and Father did facilitate such transportation. Strict proof of Father's allegations herein is demanded at trial. b) Admitted in part. Denied in part. It is denied that Mother's conduct was intentionally noncompliant or avoidable. By way of further explanation, Mother did not have notice of the meeting through no fault of her own but when she received notice, she made every reasonable effort to comply. Strict proof of Father's allegations herein is demanded at trial. c)Admitted in part. Denied in part. It is admitted that Mother did not require Levi to attend his soccer practice. It is denied that this was done without Father's knowledge and complicity, or that Mother failed to comply with the intent of the order. By way of further explanation, the party's child, Levi,had been injured and required stitches at a prior soccer game while in Father's custody. Therefore, Father was completely aware of the stitches and that they hampered the child from doing certain things, such as participating in soccer practice. As a result, Mother did not take the child to soccer practice. It is therefore completely disingenuous and misleading to the Court for Father to aver that Mother did not give Father notice of her not taking the child to practice when the entire incident that caused her inability to take him to practice was already known to Father and occurred during Father's custody of the child. By way of further answer, Father did not even inform Mother about the requirement for stitches until 7p.m. on the day the injury occurred and after the stitches operation had been performed. Strict proof of Father's allegations herein is demanded at trial. d) Admitted in part. Denied in part. It is admitted that Mother did not require the child to attend his track meet. It is denied,however, that Father was unaware of the reason for not having the child participate in this sporting event, or that Mother's conduct constituted a violation of the court order. By way of further answer, this was a situation related to what is described in paragraph 10 c. above. Specifically, the party's child, Levi,was informed by the track coach who also informed Mother that the child could not participate in track due to the child's stitches. Again, Father was completely aware of the child's stitches given that the need for the stitches and the insertion of the stitches occurred during Father's custody of the child. It is therefore completely disingenuous, absurd and misleading to the Court, to aver that Mother should have to formally notify Father of something that he was completely aware of and in fact, occurred during Father's custody of the child. Father did bring Levi to his soccer game to watch his team,which of course did not require Levi's participation and the strain on the stitches that actual participation in an event would require. Father has always insisted that the child be brought to the child's sporting events even if the child cannot actively participate so that the child could still provide moral support to his team. Strict proof of Father's allegations herein is demanded at trial. e)Denied. By way of further answer,the Mother's husband (Stepfather) dropped the party's child,Jesse,off when there were in fact one or more Cub Scout leaders present and visible to Stepfather at the time Jesse alighted from the car. From all appearances to Stepfather, it appeared that the meeting was occurring, since there were Cub Scout personnel present. There was nothing alarming about this incident because Stepfather did not leave the child alone and there was certainly indication that Cub Scout personnel were available to provide supervision for the child. By way of further answer, Stepfather and Mother did learn, later,that it was not a regular meeting, so Father apparently did come and acquire custody of the child at the Cub Scout leader's request. Strict proof of Father's allegations herein is demanded at trial. f)Admitted in part. Denied in part. It is admitted that Mother may not have facilitated the child,Alliyah's, attendance at gymnastic practice. It is denied,however,that this was an intentional violation of the order or done without good reason. As usual, when such incidents occur it is because one or more circumstances arise less than 48- hours before the event which preclude the child from attending the event,but obviously make it impossible for Mother to provide 48-hour,notice of the change in the child's schedule. Strict proof of Father's allegations herein is demanded at trial. g)Admitted in part. Denied in part. It is admitted that on one or more occasions Mother did not facilitate the child's attendance at gymnastics practice, however, this was always because of circumstances arising less than 48 hours before the practice that made the child's attendance at the practice unnecessary or imprudent. To the extent practical, Mother did provide notice to Father of the change in the child's schedule when she became aware of it. Strict proof of Father's allegations herein is demanded at trial. h) Denied. Although Mother does not have specific recollection of the alleged incident Father references at paragraph 10(h) in his petition, Mother is confident that at no time did she intentionally violate the 48-hour notification provision,but instead any such lack of notice was due to circumstances arising less than 48 hours before the event. By way of further answer, Father has so over-scheduled the children that it is impossible to keep track of every incident and event where Father alleges Mother failed to comply with the existing order to Father's satisfaction. Strict proof of Father's allegations herein is demanded at trial. i) Admitted in part. Denied in part. It is admitted that Mother did not facilitate the child's attendance at a soccer event on or about June 15, 2013. However,this was because of an appointment or circumstance that arose less than 48-hours before the event, which obviously prevented Mother from providing Father with the 48-hour notice. Such occurrence was beyond Mother's control and she did in fact notify Father of the change in the child's schedule, as soon as practicable. Strict proof of Father's allegations herein is demanded at trial. 11) Admitted. 12)Denied. By way of further answer, Father's averment is absurd in that Father retains all of the sports equipment and uniforms of the children before he relinquishes custody to Mother. Father does this by requiring the children to virtually strip down in Father's vehicle before the children are released to Mother so that Father may retain the children's equipment and uniforms. The children are often not even allowed to retain their shoes so that they enter Mother's vehicle barefoot. Strict proof of Father's allegations herein is demanded at trial. 13) Father's averment is simply an excerpt from a Pennsylvania statute which speaks for itself and to which no answer is required. 14) Denied. 15) Denied. By way of further answer, Mother has not committed contemptuous behavior but, to the contrary, Father's behavior is contemptuous and vexatious and in fact has caused Mother to incur great expense in legal fees, miscellaneous costs, and other intangible costs. Strict proof of Father's allegations herein is demanded at trial. 16)No answer is required. 17)No answer is required. 18) Denied. By way of further answer, (a) Mother is clearly better able to provide stability and continuity in the children's education, family life, and community life, and the children will state a reasonable and appropriate preference for the same; Strict proof of Father's allegations herein is demanded at trial. b) Mother administration of medication to the children is reasonable and appropriate; c)At no time is Mother's mental health a negative factor in her care of the children. To the contrary, Father's apparent obsessive compulsive disorder and related habits have caused children undue mental and emotional stress; d)Any changes to the custodial schedule are reasonable and appropriate based on typical circumstances occurring in family life but, also, such changes are exacerbated by Father's obsession with over-scheduling the children and involving them in excessive extracurricular activities; e) Mother and Stepfather are dutiful in assisting the children with school assignments and ensuring that they are all properly completed during her custodial time. The children's academic records and their own testimony will corroborate the same; f) Mother makes every good faith effort to communicate with Father. E-mail is the primary method,but Father is obsessive about unnecessarily sending numerous and frequent a-mails at all times of the day. Father seems to have an inability to group and. organize his thoughts and instead randomly and with excessive frequency sends Mother unnecessary a-mails unrealistically expecting quick, if not immediate responses. Furthermore, Father's use of e-mail is designed to badger and harass Mother. The nature of Father's e-mail communication essentially sabotages effective communication between Mother and Father. At no time has Mother inappropriately used the children as a means of communication between Mother and Father. Instead, Father has required the children to communicate various issues of significant importance between Mother and Father. This includes Father using the children to try to induce Mother to provide information or cooperate with Father in obtaining passports for the children before Father disclosed why the passports were necessary and where they would be travelling with such passports. This includes repeatedly sending the children into Mother's place of employment to direct her to comply with Father's demands. 19) Denied. In fact, Mother is far better suited to serve as primary custodian of the children. Strict proof of Father's allegations herein is demanded at trial. 20)Admitted. By way of further answer, the children's best interest and permanent welfare would be best served by modification of the current custody order in favor of Mother holding primary custody of the children. 21) Admitted. PLAINTIFF'S PETITION FOR CONTEMPT OF COURT 22) Paragraphs 1-21 above are incorporated herein as if more fully set forth at length. 23) On or about December 6, 2012, Father failed and refused to meet Mother at the custody transfer site designated by the existing court order, specifically, the Home Depot parking lot. Instead Father insisted that Mother drive to Boiling Springs High School to acquire custody of the child/son, Levi. This violated the existing Court Order at paragraph 6. 24) On or about December 24, 2012 and May 15, 2013, Father failed and refused to notify Mother of his inability to exercise his custody rights for more than two hours and relatedly failed to ask Mother whether she would take custody of the parties' child at that time, all in violation of paragraph 7 of the existing order. 25) On or about April 13, 2013,the parties' child, Levi, was seriously injured at a soccer game requiring him to receive seven stitches to remedy his wound. Notwithstanding the serious nature of this injury, Father failed and refused to notify Mother of this injury until later in the evening and instead only told Mother that the child was "doing just fine, no need to worry," all in violation of paragraph 13 of the existing court order. 26) On or about May 24, 2013, Father failed and refused to permit Mother to have reasonable telephone access to the parties' child, Alliyah. Father either precluded the child from telephoning Mother as required by the existing court order and/or failed to have the child return Mother's phone call, all in violation of paragraph 12 of the existing court order. 27) On or about May 28, 2013, Father used the children to interrogate Mother about custody issues in violation of paragraph 15 of the existing court order. 28) On or about June 14, 2013, Father repeatedly harassed Mother by using one or more of the children as messengers to pressure Mother to sign documents required for Father to obtain passports for the children. While Father remained in his vehicle in the parking lot of Mother's place of employment,Father repeatedly directed one or more of the children to enter Mother's place of employment to insist at Father's behest that she sign the passport documents. Such entrance into Mother's place of employment occurred no less than eight times, requiring Mother to contact law enforcement authorities because of Father's trespass on the property and harassment of her. Father would not provide information to Mother regarding the purpose of the children having passports other than international travel might be required in the future. Father failed and refused to provide any details about when and where the children might be travelling before Father insisted that she sign passport forms. All of the above was in violation of paragraph 1 and 15 of the existing court order. 29) On an ongoing basis, Father has retained possession of the parties' child, Alliyah's, earrings purchased by Mother, in violation of paragraph 11 of the existing court order. 30) On an ongoing basis, Father retains possession of soccer uniform and related gear of Levi,the parties' child, some of which was purchased by Mother. By way of further explanation, Father requires the child to change his clothing inside Father's vehicle after soccer practice before relinquishing custody of the child to Mother. The child sometimes is then sometimes presented to Mother in his bare feet. This is in violation of paragraph 11 of the existing court order. 31) On an ongoing basis, Father retains possession of the camping gear of Jesse, the parties' child, that was purchased by Mother, which is in violation of paragraph 11 of the existing court order. 32) On an ongoing basis, Father requires the parties' child, Levi, to undergo examinations to determine whether he is mentally challenged, all of which is done without consultation and consent from Mother in violation paragraph 1of the existing court order. 33) On an ongoing basis, Father permits and may even encourage his live-in girlfriend to needlessly yell at the children and demean Mother in the children's presence, for example, by calling Mother a"bitch". Additionally, the girlfriend calls Mother a "psycho"in the children's presence. Father has also used other crude,vulgar, and profane epithets toward Mother in the children's presence, all in violation of paragraph 15 of the existing court order. COUNT II—MODIFICATION 34) Paragraphs 1 thru 33 above are incorporated herein as if more fully set fourth at length. 35) Mother seeks a modification of the existing court order based on her further belief and averment that it is in the best interest of the children for her to be granted shared legal and primary physical custody of the children because of Father's frequent contemptuous, vexatious, obsessive, selfish, and otherwise improper conduct as a parent, some of which is described above in paragraphs 22 thru 32, and for the following reasons: a) Mother is better prepared than Father to provide stability and continuity in the children's education, family life, community life, emotional and psychological life; b)Father's conduct as a parent, some of which is described above, renders the present custody schedule unworkable. The only appropriate remedy is to significantly decrease the time the children spend with Father and provide significant additional time with Mother, so that she may exercise discretion regarding the children's daily circumstances; c) The children have a strong and reasonably based preference for living with Mother, not the least of which is Mother is more affectionate and nurturing, while Father is demeaning and overly demanding. Additionally, the children have a much better relationship with Mother's husband, who provides genuine care and shows genuine interest in the children as opposed to Father's girlfriend who is minimally interested in the children and who has not fostered a positive relationship with the children; e) Father's contemptuous behavior described above is contraindicative of a person who can reasonably and appropriately provide primary or even equally shared custody of the children. 36) Based on the foregoing, Mother believes, and therefore avers that she should be awarded shared legal and primary physical custody of the children. 37) The best interest and permanent welfare of the children would be served by a modification of the current custody order, as described above. 38) Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, has been named as a party to this action. WHEREFORE, Mother respectfully requests that this Honorable Court issue an order that finds Father in contempt of the existing court order and modifies the existing order by granting Mother shared legal and primary physical custody of the children, directs Father to pay Mother's reasonable costs and attorney's fees in answering Father's petition for modification and contempt and bringing her own petition for modification and contempt, and grant such other relief as the Court deems equitable and just. Respectfully submitted, W.vA J ph A. lasnik, Esquire u . Ct ID 76063 57 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 630-0909—Telephone (717) 632-8020—Facsimile Jkalasnik(a,kalasniklaw.com � Attorney for Defend P(U I;` -V-V- VERIFICATION I verify that the facts in the foregoing document are true and correct,upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: "7 26 /-� C�y senif� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Respondent/Plaintiff VS. CIVIL ACTION - LAW IN CUSTODY Robert Rounce, : Petitioner/Defendant ASSIGNED JUDGE: KEVIN A. HESS CERTIFICATE OF SERVICE AND NOW, This day of , 2013, I hereby certify that I have caused a copy of the foregoing Answer to Defendant's Petition for Modification of Custody and Contempt and the Plaintiff's Petition for Modification of Custody and Contempt to be served upon the following, in the manner indicated: 1 st class mail to: Maria Cognetti Cognetti &Associates 3304 Market Street Camp Hill, PA 17011 Cumberland County Prothonotary 1 Court House Square#100 Carlisle, Pennsylvania 17013 o Joseph A. Kalasnik, Esquire Sup. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 717-630-0909 Jkalasnik(&kalasniklaw.com REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW V. .�,., '.lTl C= ROBERT ROUNCE NO. 2009-6861 rv �b © !213 i Defendant IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess W- f COURT ORDER AND NOW, this day of August, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: S 1. A ial conference is scheduled in Court Room N ofthe Cumberland County Courthouse e day of , 2013 at__.m. At least five da 'or to the pretrial confere the parties shall file with the Court th rmation as set forth in PA Rule Civil Procedure o. 15.4-4. 2. In the event the matter is not res at etrial conference, a hearing is scheduled in Court Room No. of the Cumberland County house on the day of 013 at__.m. At this hearing, the father shall be moving party and all proceed initially with testimony. 3. In the event the parties agree to have a custody evaluation performed in this case and there is an agreement that the pretrial conference and hearing scheduled above are to be postponed because of that evaluation, counsel for the parties may contact the Custody Conciliator directly after which the Conciliator may submit an appropriate Order to this Court. 4. Pending further Order of this Court,this Court's prior Order of August 8,2012,shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. Co R� �<« S /f-3 BY T E OURT, cc: " Joseph Kalasnik, Esquire .Maria Cognetti, Esquire OC f . REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ROBERT ROUNCE, NO. 2009-6861 Defendant IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Levi Rounce, born February 1, 2001, and Jesse Rounce, born October 4, 2004. 2. A conciliation conference was held on July 31,2013,with the following individuals in attendance: The mother, Rebekah Rounce, with her counsel,Joseph Kalasnik, Esquire, and the father, Robert Rounce, with his counsel, Maria Cognetti, Esquire. 3. Both parties have filed petitions for modifications and petitions for contempt. After a Conciliation Conference where there was an effort to see if an agreement could be reached, it was determined that the parties could not reach an agreement and a hearing is required. The parties are requesting a pretrial conference in conjunction with any hearing that is scheduled. 5. The Conciliator recommends an Order in the form as attached. Date: July 3 ( , 2013 Oq 4 Hubert X. Gilroy, squire Custody Concili or CI REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ROBERT ROUNCE, NO. 2009-6861 Defendant IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case should take approximately one day. Additionally, Judge Hess has noted that cases should be reassigned to other Judges if a hearing is scheduled. Judge Hess did start a prior hearing in this case in 2012, but the parties agreed on the entry of a stipulated Order in the middle of the hearing. Accordingly, he has some personal knowledge of this case and it should be his call as to whether this should be reassigned. Date: July ' 2013 bert X. Gi oy, Esquire Custody Co ciliator + ;L E 0 a'r 01F THE R,; REBEKAH ROUNCE711.3 AUG i20 PM 39, 4 � Plaintiff FIAND "Ty IN THE COURT OF COMMON PLEAS MANIA OF THE NINTH JUDICIAL DISTRICT V. 2009-06861 CIVIL TERM ROBERT ROUNCE, Defendant IN CUSTODY IN RE: CUSTODY TRIAL SCHEDULING ORDER OF COURT AND NOW, this 201h day of August 2013, upon review of the Conciliation Summary Report, a custody trial is scheduled for 14 October 2013 at 9:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Defendant shall be deemed the moving party and shall initially proceed with testimony. Counsel shall attend a Pre-trial Conference scheduled for 26 September 2013 at 9:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 19 September 2013. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. The name and age of any child witness either party proposes to call as a witness; d. A list of proposed questions the court may ask, in camera, of any child witness; e. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; f. A proposed final custody order; and g. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court. 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein.. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the order of testimony; b. the narrowing of the issues; c. the entry of a pretrial order, to include time limits; d. the special scheduling of any child witness either party intends to call at trial; 2 e. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; f. the limitation of the number of expert witnesses; g. settlement and/or mediation of the case; and h. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice, T, Thomas A—. P--I—acey—, C.P.J. '.' .Di ibution: " 1, Jo eph Kalasnik, Esq. Maria Cognetti, Esq. 3 C') N T C rn COGNETTI&ASSOCIATES 5,c= MARIA P. COGNETTI,ESQUIRE r, Attorney I.D.No.27914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717)909-4060 Email:mcognetti @cognettilaw.com Attorneys for Defendant REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,.PENNSYLVANIA V. DOCKET NO. 09-6861 ROBERT ROUNCE, CIVIL ACTION—LAW Defendant IN CUSTODY ASSIGNED JUDGE: THOMAS PLACEY MOTION FOR CONTINUANCE AND NOW, comes Defendant, Robert Rounce, by and through his attorney, Maria P. Cognetti, Esquire, who brings this Motion for Continuance and in support thereof avers as follows: 1. Robert Rounce, hereinafter referred to as "Father," is Defendant in the above- captioned action. 2. Rebekah Rounce, hereinafter referred to as "Mother," is Plaintiff in the above- captioned action. 3. The above-captioned action has been scheduled for a custody Pre-Trial Conference on September 26, 2013, at 9:30 a.m. 4. Counsel for Father is scheduled to be in Washington D.C. co-leading a national conference during most of the week of the Pre-Trial Conference, including September 26, 2013. 5. Counsel for Father has sought concurrence from counsel for Mother who does not concur with counsel for Father's request as a result of Mother's opposition. 6. Counsel for Father respectfully requests that this Honorable Court contact counsel for both parties prior to selecting a new date for the Pre-Trial Conference to avoid any further scheduling delays. WHEREFORE, Defendant respectfully requests this Honorable Court grant a continuance of the Custody Pre-Trial Conference scheduled for September 26, 2013. Respectfully Submitted, COGNETTI & SSOCIATES pvwc Date: September 5, 2013 By: MARIA P. OGN T I, ESQUIRE Attorney I.D. No. 2 4 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion for Continuance at the address indicated below: Jay Kalasnik, Esquire Kalasnik Law Office 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETT & ASSOCIATES AAP Date: September 5, 2013 By: MARIA P. CO ETTI,ESQUIRE Attorney I.D. No. 27914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant OF QLP.B-OFFIC O, Tf E PjgCTHO TAP, 2013 Stp -g pM 3: � CUMBERLAtio COUNTY PENNSYLVANIA COGNETTI&ASSOCIATES MARIA P. COGNETTI,ESQUIRE Attorney I.D.No.27914 3304 Market Street Camp Hill,PA 17011 Telephone No. (717)909-4060 Email: mcognetti @cognettilaw.com Attorneys for Defendant REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-6861 ROBERT ROUNCE, CIVIL ACTION—LAW Defendant IN CUSTODY ASSIGNED JUDGE: THOMAS PLACEY PETITION FOR CUSTODY EVALUATION AND NOW, comes Defendant, Robert Rounce, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition for Custody Evaluation and in support thereof avers as follows: 1. Defendant, Robert Rounce, (hereinafter referred to as "Father"), is an adult individual currently residing at 21 Cobblestone Drive, Carlisle, Pennsylvania, 17015. 2. Plaintiff, Rebekah Rounce, (hereinafter referred to as "Mother"), is an adult individual currently residing at 215 White Oak Circle, Mount Holly Springs, Pennsylvania, 17065. 3. The parties are the natural parents of two (2) minor children, Levi Rounce, date of birth February 1, 2001, and Jesse Rounce, date of birth October 4, 2004. The parties are the adoptive parents of one (1) minor child, Alliyah Rounce, date of birth April 9, 2007. 4. On August 7, 2012, pursuant to a stipulation by the parties, this Honorable Court entered a Custody Order whereby the parties share legal and physical custody of their three (3) minor children. 5. Due to the lack of effective communication between the parties, on August 8, 2012, again pursuant to a stipulation of the parties, this Honorable Court entered an Order whereby M. Teri Hall Stiltner, Esquire, was appointed to serve as the parties' parent coordinator. 6. The parent coordinator was able to assist the parties' with several issues. However, since approximately April 30, 2013, when Father and Mother were notified that their parent coordinator would no longer serve as such pursuant to the recent changes in the Pennsylvania Rules of Civil Procedure, the parties have been unable to resolve their issues amongst themselves. 7. Accordingly, on July 1, 2013, Father filed a Petition for Modification of Custody Order and for Contempt of Court wherein he alleged that Mother violated a number of the provisions in the August 7, 2012 Order and requested primary physical custody of the children. 8. On or about July 26, 2013, Mother filed an Answer to Defendant's Petition for Modification of Custody Order and for Contempt wherein she also raised a count for contempt and modification and likewise alleged that Father violated a number of the provisions in the August 7, 2012 Order and requested primary physical custody of the children. 9. The parties attended a Custody Conciliation on July 31, 2013, and were unable to reach an agreement. 10. Given the gravity of the allegations raised by both parties, as well as the fact that both parties are requesting a significant departure from the current shared physical custody schedule, Father believes that this Honorable Court would find a forensic custody evaluation useful, if not necessary, in making an ultimate determination with regard to the best interests of the children. 11. Father contends that all parties, as well as this Honorable Court, would benefit from the valuable input of a qualified psychologist given the complexity of this situation. 12. Father believes that Arnold T. Shienvold, Ph.D., of Riegler, Shienvold & Associates located at 2151 Linglestown Road, Suite 200, Harrisburg, PA 17110 specializes in this area and is amply qualified to perform such an evaluation. 13. Father has agreed to assume the costs associated with the evaluation; despite this, Mother will not voluntarily agree to undergo said evaluation. 14. Counsel for Father has sought concurrence from counsel for Mother who does not concur with Father's request as a result of Mother's opposition. WHEREFORE, Father respectfully requests that this Honorable Court issue an Order that: a. Appoints Arnold T. Shienvold, Ph.D., of Riegler, Shienvold & Associates located at 2151 Linglestown Road, Suite 200, Harrisburg, PA 17110, to conduct a forensic custody evaluation in this matter; and b. Grants such other relief as the Court deems equitable and just. Respectfully Submitted: COGNETTI & ASSOCIATES Date: September 6, 2013 By: p4za 1�rwi_ MARIA P. COG TTI, ESQUIRE Attorney I.D. No. 7914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Custody Evaluation at the address indicated below: Jay Kalasnik, Esquire Kalasnik Law Office 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 Service by: X Personal service via hand delivery Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETTI & ASSOCIATES Date: September 6, 2013 By: ftV09 2�L MARIA P. COq4TTI, ESQUIRE Attorney I.D. No. 914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant t > f' z I3 SEP I I PM '1: 48 UMBERLANO COUNTY PENNSYLVANIA REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-6861 ROBERT ROUNCE, CIVIL ACTION—LAW Defendant IN CUSTODY ASSIGNED JUDGE: THOMAS PLACEY ORDER AND NOW, this day of 2013, in consideration of Defendant's Motion for Continuance, it is hereby ORDERED and DECREED that said motion is GRANTED. It is FURTHER ORDERED, that the custody Pre-Trial Conference presently scheduled for September 26, 2013, at 9:30 a.m. is continued until p "mfA_ go(J at Q'.&) A.m. in Courtroom No. Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: J. Distribution: ✓Jam�''Kalasnik, Esquire, 1157 Eichelberger Street, Suite 3B, Hanover, PA 17331 :5 aria P. Cognetti,Esquire, 3304 Market Street,Camp Hill,PA 17011 ?/,/1113 W�v G6 REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYbVAIA` - V. DOCKET NO. 09-6861 M M :,..._ z `V -u r- =T- cn --- �' ROBERT ROUNCE, CIVIL ACTION—LAW `_- Defendant IN CUSTODY . ASSIGNED JUDGE: THOMAS PLOY ;c�. _ 7 1 R OF COURT D r n f; AND NOW, this day of., , 2013, upon consideration of the attached Petition for Custody Evaluation, it is hereby ORDERED and DECREED as follows: 1. Arnold T. Shienvold, Ph.D., of Riegler, Shienvold & Associates located at 2151 Linglestown Road, Suite 200, Harrisburg, PA, 17110, shall be appointed to conduct a neutral child custody evaluation in this matter. 2. The parties shall participate fully with Dr. Shienvold on a timely basis, including scheduling appointments, participating in all sessions and in appropriate testing recommended by Dr. Shienvold and executing any reasonable consents relating to themselves and their child. 3. The cost of the evaluation shall be paid by Father. 4. The parties are directed to contact Dr. Shienvold within five (5) days of the date of this Order at (717) 540-1313. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS BY THI C URT: J. D'stribution: Common A.Placey Pleas Judge Jay Kalasnik,Esquire, 1157 Eichelberger Street, Suite 3B, Hanover, PA 17331 aria P. Cogneeyttii,,`Esq�uiire,,3304 Market Street, Camp Hill,PA 17011 leg 9 l.3�13 REBEKAH ROUNCE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW c-i , � c ROBERT ROUNCE, 2009-6861 CIVIL TERM Defendant � CS c) IN RE: PRETRIAL CONFERENCE « tom°' -Yr ORDER OF COURT �C to - ; AND NOW, this 19th day of September, 2013; a pretrial conference was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse . Present on behalf of Plaintiff was Joseph A. Kalasnik, Esquire . Present on behalf of Defendant was Maria P. Cognetti, Esquire . This is a custody action between Mother/Rebekah Rounce, Plaintiff, and Father/Robert Rounce, Defendant, concerning their three children, Levi - 12, Jesse - 9, Alliyah - 6, whose current custodial status is shared in what appears to be an almost every other day basis . Mother is seeking primary physical custody and Father is seeking primary physical custody. Father, being the Petitioner for this hearing, shall proceed first with testimony followed by Mother and then the expected lay witnesses . If expert witnesses are brought by any party, they are expected to be given preferential testimonial time in advance of Mother and Father ' s testimony. As they are not yet known, it will be incumbent upon the parties ' counsel when the expert testimony is known to advise the Court so that appropriate arrangements can be made . Additional testimony is expected from lay witnesses whose names have been shared in the pretrial memorandums, and each party is given until 1 November 2013 to amend their witness list for trial . The children shall not testify at trial absent r further Order of Court . If the Court determines that any child' s testimony is necessary, the Court will specially set that in camera testimony. No child shall be brought to the courthouse during the proceeding without Court approval . The total time allotted to each party for examination and cross examination of all witnesses is 2 hours each, how they choose to use it is left to them, but additional time will not be given absent extraordinary circumstances . The exhibits for Plaintiff have not been identified and/or shared, Defendant ' s exhibits have been identified in the pretrial memorandum and have been shared. Both sides are given until the 29th of November, 2013, to amend their exhibit list, sharing any additional exhibits, including any expert reports, with opposing counsel . Thereafter, no later than 11 December 2013, each counsel shall supply the Court with an exhibit sheet in four columns listing the exhibit number, description, and blank column for identification and admission. There are no outstanding motions, admissions or stipulations at this time. The trial shall commence on 18 December 2013, at 11 : 00 a.m. , in Courtroom Number 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania . This order shall control the subsequent course of action unless modified at trial to prevent manifest injustice . By the Court Thomas A. Placey C. P. J. Joseph A. Kalasnik, Esquire 1157 Eichelberger Street Suite 3B Hanover, PA 17331 For Plaintiff Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 For Defendant :mae lES M4tL4 LL g�av/r3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r-� Rebekah Rounce, NO. 09-6861 Petitioner/Plaintiff U)l vs. CIVIL ACTION—LAW -<7> -a ;', IN CUSTODY {° -.0 c-) Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Plaay , MOTION TO SCHEDULE IN CAMERA INTERVIEWS OF THE PARTIES' CHILDREN 1. Petitioner is Rebekah Busenitz, formerly Rebekah Rounce, Mother and Plaintiff in this case, represented by Joseph A. Kalasnik, Esquire. 2. Respondent is Robert Rounce, Father and Defendant in this case, represented by Maria Cognetti, Esquire. 3. On September 19, 2013, the parties and their attorneys met at Cumberland County Court before Judge Thomas Placey for a Pre-Trial Conference. 4. At the Pre-Trial Conference,the Court informed the parties' attorneys that barring extenuating circumstances the Court as part of the trial fact-finding process would not interview the children in this case notwithstanding the opinion of Mother's counsel that the Court's in camera interviews of the children were necessary for proper adjudication of the custody case. The order of September 19, 2013 resulting from the Conference states that, "the children shall not testify at trial absent further Order of the Court." 5. The children's preferences regarding custody are factors which the court is statutorily required to consider in determining the best interest of the children. 23 Pa.C.S. § 5328 (a)(7). As such, it behooves the Court to acquire such information from the children, if feasible. 6. Appellate courts have held that failure to receive testimony from the children in a custody case may constitute reversible error requiring the case to be remanded for a new evidentiary case to consider the express preferences of the children. Bovard v. Baker, 775 A.2d 835 (Pa. Super 2001). Without hearing the preferences of the children, a full and complete record cannot may be difficult or impossible. See, Moore v. Moore, 634 A.2d 163 (Pa.1993). 7. Accordingly, rendering a custody decision while failing to consult a child, particularly an older child, about his or her preferences for custody constitutes a glaring omission and may dictate a remand by the appellate courts. (See, Plaintiff's Memorandum of Law.) 8. Both parties' counsel have generally agreed that based on the existing information and evidence available that a trial is likely to either maintain the status quo or not significantly alter the custody arrangement notwithstanding both parties' requests for modification to allow each to have primary physical custody of the children. 9. Despite the history of litigation in this case, the Court has never interviewed the children and, therefore, the Court has never directly and properly considered their preferences. As such, the children's testimony is likely to serve as a tie-breaker. 10. Both parties' counsel have interviewed one or more of the children in relation to the respective counsel's trial preparation. In the case of Father's counsel, all three children have been interviewed and in the case of Mother's counsel, only the oldest child, a twelve-year-old boy has been interviewed. Mother's counsel has determined that, not only is the twelve-year-old boy mature and articulate enough to provide useful information to the Court regarding custody,but the child has also expressed a strong interest in talking to the Judge to give and explain his preferences for custody. 11. Given all of the above legal and factual circumstances, it behooves the Court to interview at least the oldest child, who has explicitly expressed his desire to communicate his concerns to the court. 12. The Court's failure to interview the children, or at least the oldest child, will hamper or prevent the Court from performing its fact-finding duties and obtaining a result, which is in the best interest of the children. WHEREFORE, Movant by her counsel respectfully requests this Court schedule an interview of the children, or at least the oldest child, so that the best interest of the children may result. Respectfully submitted, ( 0 Ste. I' Date Jo.: A. ' alasnik, Esquire •• nsel for Rebekah Rounce p. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 630-0909—Telephone (717) 632-8020—Facsimile JkalasnikAkalasniklaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Petitioner/Plaintiff vs. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey CERTIFICATE OF SERVICE AND NOW, This 3 day of October, 2013, I hereby certify that I have caused a copy of the Petitioner's/Plaintiff's Motion to Schedule In Camera Interviews of the Parties' Children to be served upon the following, in the manner indicated: Maria Cognetti Cognetti &Associates 3304 Market Street Camp Hill, PA 17011 Via: cognettilaw @aol.com and ksheriff @cognettilaw.com Judge Thomas Placey Via: mhall @ccpa.net a (aic ieph A. alasnik, Esquire p. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 717-630-0909 Jkalasnik@kalasniklaw.com kalasniklaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Petitioner/Plaintiff vs. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey ORDER AJA VW-- NOW THIS V't day oftt). , 2013 upon consideration of Petitioner's/Plaintiff s Motion to Schedule In Camera Interviews of the Parties' Children, it is hereby gRANTED. - . - - v - ; • • • al . •• • •-• ..--Prog#OffaZ 40, Cc>,Assoczae,‘,44.44... 4_19 - 6,11.04....attetC1 44.41(44•0441 71111{066 isL_BY T COURT, Thoma 1 ey, Judge --0 _ rn CD ; FT 1 Copisr- A441 J. • • ' C cr3 :.r men 73 xrn <. r-= -<p rJ c"' (‘J _R'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Petitioner/Plaintiff vs. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey, C.P.J. EMERGENCY PETITION FOR SPECIAL RELIEF 1. Petitioner is the Plaintiff, Rebekah Busenitz f/k/a Rebekah Rounce,represented by her attorney, Joseph A. Kalasnik, Esquire. 2. Respondent is the Defendant, Robert Rounce, represented by his attorney Maria Cognetti, Esquire. 3. Trial in this custody case is scheduled for Wednesday, December 18 at 11:00 a.m. There is an interim order providing for the parties to equally share custody of the children on an alternating basis. This petition proposes to suspend that order. 4. The parties' oldest child, Levi Rounce, age 12,has become increasingly mentally stressed to the point of physical illness over the prospect of spending time in the presence of Father and his fiancé at Father's residence. To wit, the following circumstances have occurred: a. Levi reports that his Father is obsessed with Levi achieving perfection in all that he does to the point where Father hounds Levi into a state of despair and complete frustration; GP* /37/ Art 5797 b. Levi reports that his frustration has manifested itself by beating himself on the head with a small wooden baseball bat; c. Levi reports that his that the prospect of returning to his Father's residence has caused him to become physically ill,resulting in him sleeping nearly the entire time he is at Father's residence; d. Levi reports that his that he may hurt himself if he is forced to return to Father's residence; e. Levi reports that if he is forcibly returned to his Father's residence he will make every effort to run away and return to Mother's residence; f. Levi reports that because of the mental abuse he suffers at his Father's residence, he wants only to live at his Mother's residence and, if contact with his Father is required, have only minimal contact; g. Levi reluctantly reports his fears and frustrations regarding his time at Father's residence to his Mother but also pleads with Mother not to report his complaints out of fear that Father will use the reports as a further basis for mental abuse against Levi. h. Levi reports that the mental abuse he suffers at his Father's residence is sometimes initiated and/or facilitated by Father's fiancé, Diane Ridenour, and is always supported by Diane Ridenour. i. Mother recently found a graphic illustration of Levi's extremely negative feelings toward Diane Ridenour on Levi's home computer which is believed to be the result of the mental abuse he suffers at Father's residence. (Exhibit 1.) j. Given Levi's reports of mental abuse and his emotionally overwrought state, on November 7, 2013 Mother requested that a counselor at Levi's school speak to him privately, and a counseling session subsequently occurred. At the conclusion of such counseling session the school authorities reported Levi's Father to the Pennsylvania Department of Public Welfare Childline,which is now investigating Levi's Father in response to the reports of abuse. k. The school authorities have also directed that Robert Rounce is prohibited from entering Levi's school and contacting Levi there. 1. At the conclusion of the school counselor's session with Levi, Mother was summoned to take Levi home in view of his emotionally overwrought condition. 5. On November 6, the undersigned and his legal assistant, Laura Jones,met privately with Levi in a part of the undersigned's law office that was completely separate from his Mother and any other person to ensure that Levi could not be prompted or overheard by Mother. 6. In such meeting, Levi confirmed the conditions that he endures at Father's Residence as stated above with minimal prompting and questioning and became emotionally distressed when explaining the difficulties he experiences at Father's residence. 7. It is the opinion of the undersigned and Mother that Levi is at risk of harming himself or others if forced to return to Father's residence pursuant to the present custody schedule and that he indeed is enduring mental abuse at Father's residence. 8. To make a correct assessment of the child's well-being relative to interaction with Father, Mother proposes that the child remain solely in her physical custody at least until: a. The custody evaluation process previously ordered by the Court in preparation for trial is completed; b. The DPW Childline investigation of Father is completed; and c. The Court has ample time to review the results of(a) and (b) and the testimony and other evidence presented at trial. 9. Levi is scheduled under the interim order to return to Father's residence after school on November 8. As such, it is respectfully requested that the Court enter an emergency order suspending the interim order and permitting Levi to remain in Mother's physical custody pending completion of the matters described in paragraph 8, above. Wherefore, Plaintiff/Mother respectfully requests that this Court suspend the existing custody order and enter an emergency order granting her sole legal and physical custody of Levi at least until the professional custody evaluations, the DPW Childline investigations, and the custody trial are completed, so that the Court may reasonably corroborate Petitioner's concerns and act in the best interest of the child. Respectfully submitted, ..112,.• - Date J ;7' A. al sa ni , Esquire sel for Rebekah Rounce p. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 630-0909—Telephone (717) 632-8020—Facsimile Jkalasnik@kalasniklaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Petitioner/Plaintiff vs. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey, C.P.J. CERTIFICATE OF SERVICE AND NOW, This 7 day of November 2013, I hereby certify that I have caused a copy of the Petitioner's/Plaintiff s Emergency Petition for Special Relief to be served upon the following, in the manner indicated: Maria Cognetti Cognetti &Associates 3304 Market Street Camp Hill, PA 17011 Via: cognettilaw @aol.com and ksheriff@cognettilaw.com Judge Thomas Placey Via: mhall @ccpa.net 11111_w ,'4' . "ph A‘Kalasn' , Esquire p. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover,PA 17331 717-630-0909 Jkalasnik@kalasniklaw.com 1' IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA FAMILY DIVISION Rebekah Rounce NO. 0c\ -FC- (753 6, 1 -03 • Plaintiff • C w. vs. • Action in Custody �� zrn o Robert Rounce Defendant : rr- "'� c >C CRIMINAL RECORD/ABUSE HISTORY VERIFICATION Rebekah Busenitz f/k/a Rebekah Rounce I , hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 (relating ❑ ❑ to criminal homicide) ❑ 18 Pa.C.S. §2702 (relating to ❑ ❑ aggravated assault) ❑ 18 Pa.C.S. §2706 (relating to ❑ ❑ terroristic threats) ❑ 18 Pa.C.S. §2709.1 (relating ❑ ❑ to stalking) ❑ 18 Pa.C.S. §2901 (relating to ❑ ❑ kidnapping) ❑ 18 Pa.C.S. §2902 (relating to ❑ ❑ unlawful restraint) ❑ 18 Pa.C.S. §2903 (relating to ❑ ❑ false imprisonment) ❑ 18 Pa.C.S. §2910 (relating to ❑ ❑ luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 (relating to ❑ ❑ rape) ❑ 18 Pa.C.S. §3122.1 (relating ❑ ❑ to statutory sexual assault) ❑ 18 Pa.C.S. §3123 (relating to ❑ ❑ involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 (relating ❑ ❑ to sexual assault) ❑ 18 Pa.C.S. §3125 (relating to ❑ ❑ aggravated indecent assault) ❑ 18 Pa.C.S. §3126 (relating to ❑ ❑ indecent assault) ❑ 18 Pa.C.S. §3127 (relating to ❑ ❑ indecent exposure) ❑ 18 Pa.C.S §3129 (relating to ❑ ❑ sexual intercourse with animal) ❑ 18 Pa.C.S §3130 (relating to ❑ ❑ conduct relating to sex offenders) ❑ 18 Pa.C.S.§3301 (relating to ❑ ❑ arson and related offenses) ❑ 18 Pa.C.S. §4302 (relating to ❑ ❑ incest) ❑ 18 Pa.C.S. §4303 (relating to Cl ❑ concealing the death of child) ❑ 18 Pa.C.S. §4304 (relating to ❑ ❑ endangering welfare of children) ❑ 18 Pa.C.S. §4305 (relating to ❑ ❑ dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or(d) ❑ ❑ (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S.§6301 (relating to ❑ ❑ corruption of minors) ❑ 18 Pa.C.S. §6312 (relating to ❑ ❑ sexual abuse of children) ❑ 18 Pa.C.S. §6318 (relating to ❑ ❑ unlawful contact with minor) ❑ 18 Pa.C.S. §6320 (relating to ❑ ❑ sexual exploitation of children) ❑ 23 Pa.C.S.§6114 (relating to ❑ ❑ contempt for violation of protection order or agreement) ❑ Driving under the influence ❑ ❑ of drugs or alcohol ❑ Manufacture, sale, delivery, ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all Self Other household Date that apply member ❑ A finding of abuse by a Children& ❑ ❑ Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child(ren): 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Signature Rebekah Busenitz Printed Name ut t 3 PiCOa U 1: 52 TY f ., ;,.. oi:�CCiLr•�i�U PENNSYLVANIA COGNETTI&ASSOCIATES MARIA P.COGNETTI,ESQUIRE Attorney I.D.No.27914 3304 Market Street Camp Hill,PA 17011 Telephone No. (717)909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 09-6861 ROBERT ROUNCE, : CIVIL ACTION—LAW Defendant : IN CUSTODY : ASSIGNED JUDGE: THOMAS PLACEY DEFENDANT'S ANSWER AND NEW MATTER TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW comes Defendant, Robert Rounce, by and through his attorney, Maria P. Cognetti, Esquire, and files this Answer to Emergency Petition for Special Relief, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted with clarification. It is admitted that the Custody Hearing is scheduled for December 18, 2013. However, Father's counsel has been advised by the psychologist's office that Mother's appointments are not scheduled until December 23`d and January 2nd Mother's current husband's appointment is not until December 30th. Based on this information, Dr. Shienvold's custody evaluation will clearly not be completed in time to have a hearing on December 18th. By way of further answer, the parties' Custody Order speaks for itself, and thus, any allegations of Paragraph 3 that are not wholly consistent with the terms of the Custody Order are hereby denied. 4. Denied. It is specifically denied that the parties' oldest child, Levi Rounce, has become increasingly mentally stressed to the point of physical illness over the prospect of spending time in the presence of Father and Father's fiancé at Father's residence. By way of further answer, Levi does not exhibit any such behavior while in Father's custody. a. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce; therefore, no responsive pleading is required. b. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce; therefore, no responsive pleading is required. c. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce; therefore, no responsive pleading is required. To the extent the averment alleges that Levi sleeps nearly the entire time he is at his Father's residence, it is specifically denied that such behavior occurs while in Father's custody. 2 d. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce, therefore, no responsive pleading is required. e. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce, therefore, no responsive pleading is required. f. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce, therefore, no responsive pleading is required. g. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce, therefore, no responsive pleading is required. h. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce, therefore, no responsive pleading is required. i. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce; therefore, no responsive pleading is required. j. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce; therefore, no responsive pleading is required. By way of further answer, Mother's averment purports that Father has been reported to the Pennsylvania Department of Public Welfare Childline by school authorities. It is now several days later and Father has not been contacted 3 by DPW regarding any investigation into this matter. Father believes, and therefore avers, that given the nature of the alleged allegations, were this statement in fact true, he would have received some form of contact by now. Therefore, Father demands strict proof thereof at trial. k. Denied. It is specifically denied that school authorities have directed that Father is prohibited from entering Levi's school and contacting Levi at school. By way of further answer, Father was not contacted by school authorities regarding this or any other matter involving Levi. In fact Father was at Levi's school on Thursday, November 7th for Parent-Teacher conferences and also met with Levi's principal. Neither Levi's teachers nor the principal mentioned anything about this situation, other than to tell Father that Levi had not been in school the past two days. Again, given that it is now several days later and Father has not been contacted by school authorities regarding these allegations, Father questions the veracity of this averment and demands strict proof thereof at trial. 1. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce.; therefore, no responsive pleading is required. 5. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce; therefore, no responsive pleading is required. 6. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce. Therefore, no responsive pleading is required. By way of further answer, Father would point out that Mother's counsel's conduct is in direct violation of Rule 3.7 of the Pennsylvania Rules of Professional Conduct which prohibits a 4 lawyer from acting as both an advocate and a witness. By his own admission in paragraph 6, counsel is providing sworn testimony regarding what information was provided to him by Levi. As noted in the Rules of Professional Conduct such dual roles can serve to prejudice the tribunal and the opposing party, and may also constitute a conflict of interest. 7. The truth and veracity of this averment are strictly within the knowledge of Mother and the parties' child, Levi Rounce; therefore, no responsive pleading is required. By way of further answer, neither Mother, nor her counsel, possess the necessary medical background to make an assessment of Levi's risk of harm to himself or others. Again, counsel for Wife is in violation of Rule 2.1(4) of the Pennsylvania Rule of Professional Conduct. Although a lawyer's advice may go beyond the scope of strictly legal matters, Wife's counsel is offering an opinion which is beyond the scope of his professional qalifications and he should therefore have recommended his client seek the advice of someone with the appropriate professional competency. As a result of such, this averment should be stricken from the record as neither counsel nor Wife possess the appropriate qualifications to render such an opinion. 8. Denied. It is specifically denied that the child should remain in Mother's sole custody until: a. The completion of the custody evaluation process; or b. The completion of the DPW Childline investigation. 9. Admitted. By way of further answer, Mother has been withholding custody of Levi from Father since the filing of her Petition. Father is unaware of Levi's present location. In fact Father was advised by the Pennsylvania State Police this past weekend that the child was with Mother but they were not staying at her home. 5 NEW MATTER 10. Paragraphs one through nine of Father's Answer to Emergency Petition for Special Relief are incorporated herein and made a part hereof as though set forth at length. 11. Pursuant to this Court's Order of September 13, 2013, the parties are currently participating in a custody evaluation with Dr. Arnold Shienvold. 12. As indicated above, Dr. Shienvold's evaluation will not be completed until at least January, 2014. 13. It is Father's position that the allegations in Mother's Petition are patently false. 14. Father believes that Mother is engaging in such legal maneuvers to bolster her position for primary custody. 15. Father and the parties' children are presently scheduled to have an appointment with Dr. Shienvold on November 19th as part of the custody evaluation process. 16. Father believes, and therefore avers, that he and Levi should use the November 1• th appointment to meet with Dr. Shienvold so that Dr. Shienvold can determine the veracity of the statements made in Mother's Petition and which are attributed to Levi. 17. Father believes that he should be permitted to pick up Levi from Mother's custody and transport him to and from the appointment with Dr. Shienvold so as to minimize any influence by Mother. 18. Father believes, and therefore avers, that the parties should follow the recommendations of Dr. Shienvold regarding contact between Father and Levi once the November 19th appointment has been completed. 6 19. Father believes, and therefore avers, that Dr. Shienvold should be directed to report his assessment of the situation to this Court immediately following the November 19th appointment so that the Court can more appropriately act on this Petition at that time. WHEREFORE, requests this Honorable Court directs Mother to produce the child for an appointment with Dr. Shienvold on November 19th, so that Dr. Shienvold may conduct an assessment of the situation and report back to the Court. Respectfully Submitted: COGNETTI & ASSOCIATES Date: November 12, 2013 By: / MARI• '. C 1 t NETTI, ESQUIRE Attorney I.D. ••. 27914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 7 VERIFICATION I, ROBERT ROUNCE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to un-sworn falsification to authorities. DATE:/003 /a 3 / v/ ROBERT ROUNCE CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Answer and New Matter to Emergency Petition for Special Relief by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Jay Kalasnik, Esquire Kalasnik Law Office 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 COGNETTI & ASSOCIATES L Date: November 12, 2013 B Y: MARIA P. COG TI, ESQUIRE Attorney I.D. No. 914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant A 1 REBEKAH ROUNCE, �`�II ins � •L'� `�I1 Plaintiff/Petitioner ' 1>0 �{' $. IN THE COURT OF COMMON PLEAS v' OF THE NINTH JUDICIAL DISTRICT ROBERT ROUNCE, 2009-06861 CIVIL TERM Defendant/Respondent IN CUSTODY IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 19th day of November 2013, upon consideration of Plaintiff's Emergency Petition for Special Relief, following contact with Cumberland County Children & Youth Services, and it appearing that the immediate health and well-being of the minor children are not presently in danger, this matter is held in abeyance until the pending trial. No further relief is granted at this time. BY T • , 1 Thomas A. `'lacey C.P.J. Distribution: Joseph A. Kalasnik, Esq. Maria P. Cognetti, Esq. z rri c rc err:cp Cdpl'eS 1 LECL /0-0//43 `•" pr} ---{ -''' cut3DEC 10 PH ,. 45 CuMSERLAND co PENNSYLVANIA Y COGNETTI&ASSOCIATES MARIA P.COGNETTI,ESQUIRE Attorney I.D.No.27914 3304 Market Street Camp Hill,PA 17011 Telephone No.(717)909-4060 Email:mcognetti @cognettilaw.com Attorneys for Defendant REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 09-6861 ROBERT ROUNCE, : CIVIL ACTION—LAW Defendant : IN CUSTODY : ASSIGNED JUDGE: THOMAS PLACEY MOTION FOR CONTINUANCE AND NOW, comes Defendant, Robert Rounce, by and through his attorney, Maria P. Cognetti, Esquire, who brings this Motion for Continuance of custody hearing and in support thereof avers as follows: 1. Plaintiff is Rebekah Rounce, hereinafter referred to as "Mother," an adult individual currently residing at 215 White Oak Circle, Mount Holly Springs, Pennsylvania. 2. Defendant is Robert Rounce, hereinafter referred to as "Father," an adult individual currently residing at 21 Cobblestone Drive, Carlisle, Pennsylvania. 1 3. The parties have joint legal and shared physical custody of their three (3) minor children pursuant to an Order of Court dated August 8, 2012. 4. On or about July 1, 2013, Father filed a Petition for Modification of Custody Order and for Contempt. 5. A conciliation conference was held on July 31, 2013. 6. On or about September 9, 2013, Father filed a Petition for Custody Evaluation. 7. On September 13, 2013, this Honorable Court granted Father's request for a custody evaluation and directed that the parties contact Dr. Arnold Shienvold to begin the evaluation process. 8. A hearing is presently scheduled for December 18, 2013. 9. As of the filing of the instant Motion, the custody evaluation process is not complete. 10. The last of Mother's appointments is not even scheduled until January 2014. 11. Assuming all appointments continue as scheduled, Dr. Shienvold's office has advised that the report will not be completed until approximately mid-February, 2014. 12. Therefore, based upon the estimated completion date for the evaluation, Father proposes that the custody hearing be postponed until at least late-March, 2014. 13. A copy of this Motion has been provided to Mother's counsel in advance of its filing. 14. Counsel has indicated that he joins in the request for continuance of this matter. 2 WHEREFORE, Father respectfully requests that this Honorable Court grant his Motion for a continuance of the December 18, 2013, custody hearing. COGNETTI & ASSOCIATES I al Date: December 9, 2013 By (410 # I MARIA P. OG TI, ESQUIRE Attorney I.D.No. 914 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 3 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion for Continuance at the address indicated below: Jay Kalasnik, Esquire Kalasnik Law Office 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETTI & ASSOCIATES Date: December 9, 2013 By A ,f MARIA P. COG TI, ESQUIRE Attorney I.D. No. ' •14 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant \6 �„i«LJ i l• 1:_ PRO t 'OHO TiUY 2013 DE 18 AN : 03 CUMBERLAND COUNTY �vtai� E Y f P NSYLVANIA REBEKAH ROUNCE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 09-6861 ROBERT ROUNCE, : CIVIL ACTION—LAW Defendant : IN CUSTODY : ASSIGNED JUDGE: THOMAS PLACEY ORDER AND NOW, this day of c-CEf1-- , 2013, in consideration of Defendant's Motion for Continuance, it is hereby ORDERED and DECREED that said motion is GRANTED. It is FURTHER ORDERED, that the custody hearing presently scheduled for December 18, 2013, at 9:30 a.m, is continued until 6.1 (L! L , 2014, at Q:(37) k.m. in Courtroom No. 6 , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Both parties shall have until thirty (30) days prior to the scheduled hearing to exchange exhibits, including the report of Dr. Shienvold. No later than one (1) week prior to the start of the hearing, each counsel shall supply the Court with an exhibit sheet in four columns listing the exhibit number, description, a blank column for identification and admission. BY T E I OURT: J. --7910aiv A . RkKELi Distribution: ✓Ja Kalasnik,Esquire, 1157 Eichelberger Street, Suite 3B,Hanover,PA 17331 ../Maria P. Cognetti,Esquire,3304 Market Street,Camp Hill, PA 17011 f �ln,NO�r� .� X813 DEC i�3p PM 3: 53 i,6EPQ A lj VA ffj� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Plaintiff VS. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Defendant ASSIGNED JUDGE: Thomas Placey PRAECIPE TO CORRECT CASE CAPTION TO THE PROTHONOTARY: Please correct the Plaintiff/Petitioner's surname in the above captioned case. Specifically, Plaintiff/Petitioner's name is Rebekah Busenitz. Accordingly, the caption indicate the Plaintiff/Petitioner's name as "Rebekah Busenitz, f.k.a. Rounce." Respectfully submitted: eph A. K-alasnik, Esquire k-Kup. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 632-0909—Telephone (717) 632-8020—Facsimile Jkal asnik gkal asnikl aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Plaintiff VS. CIVIL ACTION–LAW IN CUSTODY Robert Rounce, Defendant ASSIGNED JUDGE: Thomas Placey CERTIFICATE OF SERVICE This day of �'r��1E< , 2013, I hereby certify that I caused a copy of the Praecipe to Correct Case Caption in the above captioned matter to be served upon Maria Cognetti, Esquire, Counsel for the Defendant, via 1St class U.S. Mail and e-mail, addressed as follows: Maria Cognetti Cognetti &Associates 3304 Market Street Camp Hill,PA 17011 Via: cognettilawaaol.com and ksheriffacognettilaw.com Judge Thomas Placey Via: mhall@ccpa.net UJc- JJ e A. Kalasnik, Esquire 'Ok p. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 632-0909–Telephone (717) 632-8020–Facsimile Jkalasnik(&kalasniklaw.com Fit,f d: DEC 30 PM 3: 5 C UI"YERL A No PENNSYLVANIA QTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Busenitz, fk.a. Rounce NO. 09-6861 Petitioner/Plaintiff VS. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty(20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: �_o� �� 1 os h A. Kalasnik, Esquire S . Ct ID 76063 157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 632-0909—Telephone (717) 632-8020—Facsimile Jkal asnik(i�kal asnikl aw.com P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Rebekah Rounce, NO. 09-6861 Petitioner/Plaintiff VS. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty(20) days prior to the date on which the subpoena is sought to be served, 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. No objection to the subpoena has been received, and 4. The subpoena, which will be served, is identical to the subpoena,which is attached to the notice of intent to serve the subpoena. Date: JOC t A. lasnik, Esquire S ID D 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 632-0909—Telephone (717) 632-8020—Facsimile Jkal asnik(&k al asnikl aw.com f f t 1 art I;: 2514JAN .3, r fl 1: 07 PENtiSf}.ND OUNry� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Busenitz, f.k.a. Rounce NO. 09-6861 Petitioner/Plaintiff vs. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. No objection to the subpoena has been received, and 4. The subpoena, which will be served, is identical to the subpoena, which is attached to the notice of intent to serve the subpoena. Date: 1/20/2014 � � - ph A. alasnik, Esquire S p. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 632-0909—Telephone (717) 632-8020—Facsimile Jkalasnik@kalasniklaw.com • 4 imo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Busenitz, fk.a. Rounce NO. 09-6861 Petitioner/Plaintiff vs. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant , ASSIGNED JUDGE: Thomas Placey SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Georgi Anderson 20 Beech Street Carlisle, PA 17013 Within twenty(20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Records for Levi Rounce,Jessie Rounce, and Alliyah Rounce as follows: see attached At: Kalasnik Law Office - 1157 Eichelberger Street, Suite 3B, Hanover, PA 17331 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party marking this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty(20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This Subpoena was issued at the request of the following person: Name: Joseph A. Kalasnik, Esquire Address: 1157 Eichelberger Street, Suite 3B, Hanover, PA 17331 Phone: 717-630-0909 ID#: 76063 Attorney for: Plaintiff/Mother BY THE COURT: Date: Prothonotary/Clerk—Civil Division 1. All records of Counseling sessions for Levi Rounce, Jesse Rounce, and Alliyah Rounce, including notes made by the counselor. This includes papers, documents, electronic or digital files, audio and video recordings, and any other form by which records have been kept. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Busenitz, f.k.a. Rounce NO. 09-6861 Petitioner/Plaintiff vs. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey NOTICE TO: Georgi Anderson 20 Beech Street Carlisle, PA 17013 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Certificate of Compliance with Subpoena to Produce Documents or Things Pursuant to Rule 4009.23 I, Georgi Anderson, (person served with subpoena)hereby certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on (date of subpoena)have been produced. Date: Signature (person served with subpoena) t ri1,, , r t.,. 7. C.U, 3U pH 3: BEN/i5 A N BAH U, 'rY 1q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Busenitz, f.k.a. Rounce NO. 09-6861 Petitioner/Plaintiff vs. CIVIL ACTION—LAW IN CUSTODY Robert Rounce, Respondent/Defendant ASSIGNED JUDGE: Thomas Placey NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty(20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: i o2 '-7 l A �� • •h A. Kalasnik, Esquire •. Ct ID 76063 157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 632-0909—Telephone (717) 632-8020—Facsimile Jkalasnik@kalasniklaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rebekah Busenitz, f.k.a. Rounce, Plaintiff vs. Robert Rounce, Defendant NO. 09-6861 CIVIL ACTION — LAW IN CUSTODY ASSIGNED JUDGE: Thomas Placey PRAECIPE TO WITHDRAW APPEARANCE OF COUNSEL AND ENTRY OF PARTY PRO SE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for Plaintiff in the above matter by agreement of the Defendant. oseph A. Kalasnik, Esquire Sup. Ct ID 76063 1157 Eichelberger Street, Suite 3B Hanover, PA 17331 (717) 632-0909 Jkalasnikna kalasniklaw.com I consent to my legal counsel's withdrawal of appearance. Please enter my appearance pro se. Rebekah Busenitz, f.k.0 Rouhd 215 White Oak Circle Mt. Holly Springs, PA 17065 717-961-8811 c-3 REBEKAH BUSENITZ f/k/a REBEKAH ROUNCE Plaintiff v. : DOCKET NO. 09-6861 IHE PRO if ON; rAF,, gala NOY 17 All 8: 33 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ROBERT ROUNCE, Defendant : CIVIL ACTION — LAW : IN CUSTODY : ASSIGNED JUDGE: THOMAS PLACEY AGREEMENT FOR MEDIATION/ARBITRATION OF PARENTING ISSUES The above -captioned Parties agree that it is in the best interest of their children, LEVI ROUNCE, age 13, JESSE ROUNCE, age 9, and ALLIYAH ROUNCE, age 7, that a Mediator/Arbitrator assist the parties in implementing the custodial arrangement set forth in the Custody Order dated am (1 ` 2014, in resolving related parenting issues, and assist the parties to effectively and appropriately co -parent, to coordinate their parenting of their children and resolve any related disputed or controversial issues., agree as follows: 1. APPOINTMENT AND TERM: M. Teri Hall Stiltner, Esquire, shall hereafter serve as the parties' Arbitrator. Legal counsel for the parties, Maria P. Cognetti, Esquire, or Josepha A. Kalasnik, Esquire, or either party, if self -represented shall provide copies of all Orders, Pleadings, Custody Evaluations or other related relevant documents in this case to the Mediator/Arbitrator within ten (10) days. 2. ROLE OF THE MEDIATOR/ARBITRATOR: A. Mediating and Arbitrating shall involve two components: 1) The Mediator/Arbitrator shall first attempt to resolve issues arising out of the (VO' n , 2014, Custody Order through facilitation, mediation, consultation, coaching and education, all of which are non -decision-making functions; 1 2) If it is apparent to the Mediator/Arbitrator that continued efforts are unlikely to timely resolve an issue, the Mediator/Arbitrator shall have the authority to resolve the dispute by providing a binding Decision for the parties and the children on the issue. B. The Mediator/Arbitrator will not function as the psychotherapist, counselor, attorney or advocate for the parties, or the parties' children, or family. However, the Mediator/Arbitrator is permitted and encouraged to facilitate communication and agreement between the parties whenever possible, and shall always act in a manner conducive to the best interests of the children. 3 Iv MEDIATOR/ARBITRATOR'S AUTHORITY: The Mediator/Arbitrator, in order to implement the custodial arrangement set forth in the 2014, Custody Order and resolve related parenting issues, about which the parents do not agree, is authorized by the parties to this Agreement to make decisions about unresolved issues that may include, but are not limited to, the following: A. Dates, times, places and conditions for transitions between households; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule as set forth in the current Custody Order; D. School issues, apart from school selection; E. Children's participation in recreation, enrichment, and extracurricular activities, programs and travel; F. Financial issues related to children's activity fees or other expenses related to custody and not covered by a support order. G. Child-care arrangements; H. Clothing, equipment, toys and personal possessions of the children; I. Information exchange (school, health, social, etc.) and communication with or about the children; Coordination of existing or court-ordered services for either of the parties or children (e.g. Psychological testing, alcohol or drug monitoring/testing, psychotherapy, counseling, anger management, parenting class, etc.); K. Other related custody issues that the parties mutually agree, in writing, to submit for decision-making (if the parties cannot resolve the issue) to their Mediator/Arbitrator, include the following: 2 4. EXCLUSIONS FROM MEDIATOR/ARBITRATOR'S AUTHORITY: A. The following specific issues are excluded from the Mediator/Arbitrator's decision- making authority, except as provided in subparagraph (B) herein below: 1) A change in legal custody decision-making authority set forth in the Custody Parenting Plan/Order; 2) A change in primary physical custody (residential parenting time) set forth in the Custody Parenting Plan/Order; 3) A change in the Court-ordered . custody schedule (parenting time) that substantially reduces or expands the children's time with one or both parties on a permanent basis; 4) A change in the geographic residence of the children's (relocation) that would render implementation of the current Custody Parenting Plan/Order impossible or impracticable; 5) Determination of financial issues, other than allocation of the Mediator/Arbitrator's fees. B. The Parties and the Mediator/Arbitrator may hereafter mutually agree in writing to submit any of the excluded issues to the Mediator/Arbitrator for a Decision. The parties understand either party may seek de novo hearing on these issues to a court of competent jurisdiction following the Mediator/Arbitrator's Decision, in accordance with Paragraph 9B herein. 5. NON -CONFIDENTIALITY OF COMMUNICATIONS: No communications of the parties and/or their lawyers with the Mediator/Arbitrator are confidential. 6. SOURCES OF INFORMATION: Each party shall provide the Mediator/Arbitrator with all information that the Mediator/Arbitrator requests, including signed HIPAA releases and other forms requested. The Mediator/Arbitrator is authorized to contact any professional or other individual as the Mediator/Arbitrator deems necessary (e.g. the children, therapists, healthcare providers or other physicians, childcare providers, teachers, family members, etc.). 7. COMMUNICATION WITH THE MEDIATOR/ARBITRATOR: A. Protocol: The Mediator/Arbitrator shall determine the protocol for all communications, interviews, and sessions, including who shall or may attend the sessions (including the children), and whether the sessions will be conducted in person or by other means. 3 B. Oral and Written Communications with the Mediator/Arbitrator: The parties [and their attorneys] shall have the right to receive, but not to initiate, oral ex-parte (one-sided) communications from the Mediator/Arbitrator, but the fact of such communication shall be known to the other party. Any party or legal counsel may communicate in writing or via the intemet, with the Mediator/Arbitrator, provided a copy is sent to the other party simultaneously. Any documents, tape recordings or other material which one party gives to the Mediator/Arbitrator must also be made available to the other party or his/her legal counsel for viewing, inspection and copying. In accordance with Paragraph 5 hereinabove, no such communications are confidential. C. Any party may demand a dispute or controversy be submitted to Mediator/Arbitrator, if such demand is communicated in writing or via e-mail. 8. DECISION-MAKING PROCESS: A. Prior to the Mediator/Arbitrator making a Decision, the Mediator/Arbitrator shall provide a notice and opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and/or the children. In the event a party is given advance written notice of a session but does not attend, the Mediator/Arbitrator may make a Decision despite that party's absence. B. Agreements: Agreements reached by the parties shall be reduced to writing and may be filed in the Prothonotary's Office at the parties' custody docket by the Mediator/Arbitrator. C. Decisions: I) The Mediator/Arbitrator's Decisions must be communicated to the parties in writing or email as soon as practicable. When appropriate, the Mediator/Arbitrator shall file a Decision with the Prothonotary's Office at the parties' above -captioned custody docket. Written Decisions shall include brief relevant factual findings and rationale. 2) The Mediator/Arbitrator's Decisions shall be binding upon the parties unless and until revised by a subsequent de novo hearing and Court Order. D. Contempt: 1) The Court, in its discretion, may act directly on a recommendation from the Mediator/Arbitrator, or may schedule a conference or hearing with notice and an opportunity to be heard. Each party retains the right to petition the Court with regard to the conduct of the other party and any recommendation(s) made by the Mediator/Arbitrator. In any event, the Mediator/Arbitrator shall address issues relating to violations of the Order (contempt) as 4 referenced in paragraph 21 of the Custody Stipulation and Order. The Mediator/Arbitrator shall determine whether contempt has occurred and shall provide a report to the parties, counsel and the Court. The Mediator/Arbitrator shall have the right to implement appropriate sanctions to the violating party including but not limited to adjustments in time up to 48 hours as set forth in paragraph 4 above. After the Mediator/Arbitrator determines that two (2) contempts of the Order have occurred by a party, if a third allegation of contempt is raised against that party, the matter shall immediately be addressed pursuant to paragraph 21 of the Custody Stipulation and Order. 2) In the event of contempt proceedings before the Court relating to the Custody Stipulation and Order, the Mediation/Arbitration Agreement, or a directive issued by the Mediator/Arbitrator, after notice and an opportunity to be heard, the Court may impose any standard sanctions that are appropriate, may direct the party in contempt to reimburse the other party for certain costs and expenses involved in receiving the Mediator/Arbitrator's services, and may impose any other penalties which the Court deems appropriate under the circumstances. 9. JUDICIAL REVIEW: A. Review of Decisions: Any party seeking judicial review of a Mediator/Arbitrator's Decision, must file a separate legal action in the above -captioned Court, specifically stating the issue(s) and attaching a copy of the Decision. The pleading must be served on the other party(ies) and Mediator/Arbitrator. The matter will first proceed to conciliation and if not resolved, the hearing before the Court shall be de novo. B. New Court Proceedings: Prior to filing any new motion, petition or complaint with the Court involving non -emergency custody or parenting of the children involving an issue within the scope of the Mediator/Arbitrator's authority, the parties shall participate in no fewer than two sessions with the Mediator/Arbitrator to attempt resolution of the specific disputed issue(s), to permit a Decision to be made to the extent authorized by Paragraph 3 hereinabove. C. The parties agree that procedures set forth in this Section are mandatory, and may not be waived by the parties. 10. CHILD ABUSE REPORTING: The parties understand that the Mediator/Arbitrator is a person required to report suspected child abuse pursuant to 23 Pa. C.S.A. §6311. 11. TESTIMONY: 5 t: The Mediator/Arbitrator cannot be compelled to testify in any proceeding absent a Court Order. In. the event the Mediator/Arbitrator elects or is required to testify, he/she shall be compensated ., commensurate with his/her rate by one or both of the parties as the Court deems appropriate. 12. ALLOCATION OF FEES: • The parties will share the obligation to pay; the fees of the Mediator/Arbitrator as follows: 50% Mother, 50% Father. • Fees may be reallocated by the Mediator/Arbitrator if he/she determines that one party has disproportionately caused the need for the service. The' Mediator/Arbitrator may, in his/her discretion charge parties for missed sessions or sessions cancelled'less than twenty-four hours prior to the scheduled session. 13:. TERMINATION/WITHDRAWAL OF MEDIATOR/ARBITRATOR: • A. Neither party may unilaterally terminate the Mediator/Arbitrator's services. B. The Mediator/Arbitrator may withdraw from service at any time, upon ten days' written notice to all counsel of record for the parties (or the parties, if self -represented). C. Dissatisfaction with the Mediator/Arbitrator's Decisions is not grounds for termination. The opposing party and Mediator/Arbitrator shall be given notice of any petition for termination. 14. ATTORNEY'S FEES If any action, at law or in equity, including an action for declaratory relief, is brought to enforce or interpret this Agreement or enforce a Decision, the prevailing party shall be entitled to recover reasonable attorney's fees from the other party, in addition to any other relief that may be awarded. 15. ACCEPTANCE: A. The parties acknowledge that each has reviewed this Agreement and had the opportunity to consult with legal counsel. B. The parties understand this Agreement will be filed at their custody docket and is an. enforceable Agreement in a Court of Law, and C. The parties will execute a separate engagement contract with or at the mediator/arbitrator's request. D. Each part)/ agrees to fully cooperate with the Mediator/Arbitrator in compliance with this Agreement. SEPH A. KALASNIK, ESQUIRE Attorney for Mother 6 ARIA P. POG Attorney for Fat TI, ESQUIRE 16. This Agreement shall not be effective until accepted by the Mediator/Arbitrator as evidenced by his/her signature below: I agree to serve as the Mediator/Arbitrator for the parties as set forth above pursuant to the terms under a separate fee agreement dated eteHm M. TERI HALL ST 1 R, ESQUIRE ORDER The above Agreement for Mediation/Arbitration of parenting issues shall be filed and entered at the above -captioned custody docket. i.) tkiN 14 BY THE 110 l' T: Date Thomas P1. cey, Judge Di 'bution: os ha A. Kalasnik, Esquire, 1157 Eichelberger Street, Suite 3B, Hanover, Pa 17331 aria P. Cognetti, Esquire, 3304 Market Street, Camp Hill, PA 17011 .--AstE, ,k cesgiu ate.. rri t 7/1y 7 REBEKAH BUSENITZ f/k/a REBEKAH ROUNCE Plaintiff v. : DOCKET NO. 09-6861 HOE IFIL !'I\Lt I I I )I ) I, 201y NOV 17 tiM 8 3 CUMBERLAND COUTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ROBERT ROUNCE, Defendant : CIVIL ACTION — LAW : IN CUSTODY : ASSIGNED JUDGE: THOMAS PLACEY ORDER OF COURT AND NOW, to wit, this 1 day of tgitAi 014, it is hereby ORDERED and DECREED as follows: I. The parties shall have shared legal custody of their three children, LEVI ROUNCE, born February 1, 2001, JESSE ROUNCE, born October 4, 2004, and ALLIYAH ROUNCE, born April 9, 2007. Major decisions concerning the children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by the parties' jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Neither party shall impair the other party's rights to shared legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then 1 having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5336. 2. Beginning August 25, 2014, the parties shall share custody of the children on the following basis: a. Father shall have every Monday beginning at 7:30 a.m. until Wednesday at 7:30 a.m. b. Mother shall have every Wednesday beginning at 7:30 a.m. until Friday at 7:30 a.m. c. The parties shall alternate weekends beginning on Friday at 7:30 a.m. until Monday at 7:30 a.m. with Father having the first weekend on August 29, 2014. 3. Father shall also have the following time each year: a. The Saturday after Thanksgiving at 5:00 p.m. until Tuesday at 7:30 a.m.; b. The Friday before the first Saturday of rifle deer season at 5:00 p.m. until Sunday at noon; and c. The Friday evening before the opening day of trout season at 5:00 p.m. until the Sunday at 5:00 p.m. 2 d. If the above times would fall during Mother's custodial time per paragraphs 2 above, Mother shall be provided make up time for the time she would miss. e. If Mother is working on Saturdays, Father shall have 8:45 a.m. until 5:15 p.m. If Mother is not working she will advise Father via Our Family Wizard at least forty eight (48) hours in advance that she is not working and will be keeping the children. 4. The parties will share the following holidays as indicated: Holiday Even Years Odd Years Thanksgiving A — 8:00 a.m. the day of the holiday until Mother Father noon on Friday, the day following the holiday Thanksgiving B — Noon the Friday following the Father Mother holiday until 5:00 p.m. Saturday Christmas A — From noon Christmas Eve until noon on Father Mother Christmas Day Christmas B — From noon Christmas Day until noon on Mother Father December 26th New Year's A — From noon New Year's Eve until noon Mother Father New Year's Day (New Year's Day follows the odd/even of New Year's Eve) New Year's B — from noon New Year's Day until the Father Mother next morning at 8:00 a.m. or the start of school Easter —From 5:30 p.m. on Good Friday until 7:30 a.m. Father Mother until Monday following Easter Mother's Birthday — from 8:00 a.m. until 7:00 p.m. Mother Mother Mother's Day — from 8:00 a.m. until 7:00 p.m. Mother Mother 3 Father's Birthday - From 8:00 a.m. until 7:00 p.m. Father's Day — From 8:00 a.m. until 7:00 p.m. Father Father Father Father Father and Mother shall also alternate the following minor holidays and special days from 7:30 a.m. the day of the holiday until the next morning at 7:30 a.m. or the start of school: Holiday/Special Day Even Years Odd Years Martin Luther King Day Mother Father President's Day Mother Father Gotcha Day (February 26th) Mother Father Memorial Day Father Mother 4th of July Mother Father Labor Day Father Mother Trick or Treat Night Father Mother Columbus Day Mother Father Veterans Day Father Father The holiday schedule shall take priority over any other scheduled period of time. 5. Each party shall be entitled to four separate weeks of uninterrupted custody during the summer months. A week shall be defined as seven consecutive days which shall be taken Friday to Friday from 7:30 a.m. to7:30 a.m. Said custodial time shall encompass the requesting party's regularly scheduled weekend and the four weeks cannot be taken back to back. The parties will notify one another by Our Family Wizard of their requested weeks by 4 March 15`h of each year so that appropriate summer camps can be arranged for the children. No less than seven days in advance of the intended uninterrupted custody week the party taking this time must advise the other party by Our Family Wizard of the exact location, hotel, flight information or other accommodation details, and a telephone number where the children can be reached during the period. The uninterrupted custody schedule shall not interfere with the holiday schedule hereinabove, i.e. no weeks can be taken if it interferes with the other party's holiday custody. If the parties select the same period of time, the party giving notice first shall be entitled to the time. By agreement of the parties, the children may spend some of their summer visiting with their grandparents (which agreement will not be unreasonably withheld). 6. The parties shall work together to find periods of time when Mother can have time with just Alliyah while Father has time with just the boys and Father can have time with just Alliyah while Mother has time with just the boys. 7. The parties' children shall attend a summer daycare program the costs of which will be shared by the parties. The parties will agree to the appropriate summer daycare program or, if the parties cannot agree, the children will attend the summer daycare program offered by the Carlisle Family YMCA. 8. The children shall attend school in the South Middleton Township School District. Transportation will be shared by the parties with the weekday exchanges occurring at the children's respective daycare providers and before and after school programs. If the children are not in daycare at the time of the transition, then the transfer shall be made at the appointed time at Home Depot parking lot. 5 10. If at any time the custodial parent is not available to take care of one or more of the children for a period of two or more hours, he or she must contact the non-custodial parent and offer them the option of providing care for the children. When possible, each party shall provide the other with 48 hours advance notice of their conflict. This provision shall not prevent one parent or the other from leaving the children in the care of a grandparent nor shall it prevent a parent from leaving a child in daycare Monday through Friday while that parent works. 11. To the greatest extent possible, the parties will see to it that the children have a normal social life such as attending birthday parties with friends, school and scouting activities, if any, and socializing with their peers. The parents shall permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with regular custody resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 12. The children shall be permitted to engage in one athletic extracurricular activity per season. In addition, the children may also be engaged in one additional extracurricular activity (i.e. tutoring, band, chorus, SHACK, boy/girl scouts). Barring agreement of the parties, extracurricular activities shall be limited to one sports and one "other." Both parents shall ensure that the children are timely delivered to his or her practices and games during that parent's custody time. Each party shall provide the other parent at least 48 hours advance notice of any conflict concerning getting the children to and from their extracurricular activities. Each party shall be sure that any personal items of the children items of the children, such as their sports 6 equipment, uniform, or musical instruments and the like are transported to the other parent for his or her custody time. The parties must agree on all extracurricular activities before the children are signed up for the activity. Parental agreement shall not be unreasonably withheld. The party suggesting the activity is responsible for signing up the children for the activity and providing the other parent with all the details regarding the activity, including but not limited to schedules, rules, contact information for supervisors/coaches and the like. Once enrolled in an extracurricular activity the child shall complete the activity (for example, if enrolled in fall soccer league, the child will complete the fall season). Only both parents' agreement, health or medical issues which prevent participation, or similar urgent and unexpected circumstances which prevent further involvement shall allow a child to teiiiiinate involvement early. Absences from activities must meet the same strict standards. Costs for the children's extracurricular activities shall be shared equally by the parties. Disagreements regarding enrollment in activities shall be submitted to the Arbitrator for resolution. 13. Both parties shall be sure that the children complete their homework each and every school night. 14. The parties shall each provide clothing for their children for their periods of partial custody. Each party shall be sure that any personal items of the children, such as sports equipment and the like are transported to the other parent for his or her custodial time. 15. The non-custodial parent, at any given time, shall have reasonable telephone access to the children, and the children should not be precluded from telephoning the non- custodial parent at reasonable times. Should the children be unavailable to receive a telephone call from the parent, the custodial parent shall make reasonable efforts to have the children return 7 the telephone call. Neither party shall interfere with the other party's telephone contacts with the children. At a minimum, the custodial parent shall have the children call the non-custodial parent each day between 8:00 p.m. and 8:30 p.m. 16. The parent with physical custodial responsibilities for the children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of the children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent will seek and obtain emergency medical treatment for the children when they are in that party's custody. Each parent shall advise the other immediately of any emergency medical or serious illness or injury suffered by the children after learning of same. With regard to non -emergency treatment, the parties will notify one another by Our Family Wizard of all doctor's appointments, dental appointments and the like as same are scheduled. 17. Neither parent shall speak with the children on any issue relating to adult issues. Each party shall exercise his or her best efforts to foster the respect, love and affection of the children toward the other parent and shall avoid any action which would demean the other party before the children. Further, the parties shall not permit any other person to make any statement which would tend to demean the other parent in the children's presence. 18. The parties agree that Levi shall remain in individual counseling to help him deal with issues as they arise. The counselor shall have access to Dr. Shienvold's report so that he/she may understand some of the dynamics in the family that underlie Levi's difficulties. 19. The parties are ordered to each establish a parent account at www.Ourfamilywizard.com. The parties shall communicate regarding their children via this 8 program. The parties are ordered to visit the website and each enroll in the program for at least a one-year subscription not later than 10 calendar days from the date of this agreement. The parties shall thereafter conduct all communication regarding parenting matters using the website's features. Each party shall access the program at least once in a 24-hour period. All parties shall elect to receive text and email alerts about new activity using the Daily Digest or On Action option. All entries of the parties shall be viewable via a Professional Account to both parties' attorney(s) of record, the Arbitrator, and the Judge assigned. Both parties shall authorize Professional Access to the above listed parties using the "Permission for Professional Access" document. Neither party shall fail to renew the annual subscription to the website. 20. The parties agree to use M. Teri Hall Stiltner, Esquire as an Arbitrator and to enter into an Order and Agreement for Arbitration of Parenting Issues as attached hereto as Exhibit "A.". The parties further agree to sign such waivers, releases and documents that Attorney Stiltner may require. Both parties agree to equally share the cost of the Arbitrator and make a deposit as required by Attorney Stiltner. Neither party individually, can fire the Arbitrator, nor can a party refuse to participate. In the event both parties desire to change the Arbitrator, an alternate Arbitrator shall be selected by an agreement of the parties. 21. The parties agree that the Arbitrator shall address the first two complaints of contempt on any issue. Upon the third contempt, the parties may seek any and all remedies available to them through the Court. 22. No party shall be permitted to relocate the residence of the child to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the child consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa.C.S.A. § 5337(c). 23. This Order of Court shall replace and supersede any existing custody arrangements between the parties. 24. This Order of Court shall continue in full force and effect until further Order of Court or amended agreement in writing between the parties. BY THE CO T: Distribution: ..---1Oseph A. Kalasnik, Esquire, 1157 Eichelberger Street, Suite 3B, Hanover, PA 17331 ✓l�1aria P. Cognetti, Esquire, 3304 Market Street, Camp Hill, PA 17011 5 1-1-2_ Co mon Pleas Judge adaptES v I 1 tEcL, u/,?py `=cr) 10