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HomeMy WebLinkAbout09-7982g,lom & uLAKIS Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARK L. McCLEAF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. VANESSA A. McCLEAF, Defendant : NO. 09- 79P,z CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. Plaintiff is the Father, Mark L. McCleaf, who currently resides at 9 Chestnut Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is the Mother, Vanessa A. McCleaf, who currently resides at 12287 Pen Mar Road, Waynesboro, Franklin County, Pennsylvania 17268. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following children: Name Mark Leroy McCleaf, Jr. Megan Leann McCleaf Address DOB 9 Chestnut Street, Shippensburg, August 7, 1999 (age 10) 9 Chestnut Street, Shippensburg, January 2, 2002 (age 7) 6. Mark and Megan were born in wedlock. 7. The children are in the primary custody of the Father, residing at 9 Chestnut Street, Shippensburg, Cumberland County, Pennsylvania 17257. 8. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Mark and Vanessa McCleaf Mark and Vanessa McCleaf Address 4660 Sycamore Grove Road Lot 96 Chambersburg, PA 9 Chestnut Grove Shippensburg, PA Date Mark: Birth to 2005 Megan: Birth to 2005 Mark: 2005 to Present Megan: 2005 to Present 9. The father of the children is Mark L. McCleaf, who currently resides at 9 Chestnut Grove, Shippensburg, Cumberland County, Pennsylvania 17257. 10. The mother of the children is Vanessa A. McCleaf, who currently resides at 12287 Pen Mar Road, Waynesboro, Franklin County, Pennsylvania 17268. 11. The mother and father of the children are currently married; however a divorce action is currently pending in the Court of Common Pleas of Cumberland County, Docket No. 2009-7588. 12. The relationship of Plaintiff to the children is that of Father. 13. The relationship of Defendant to the children is that of Mother. 14. The Plaintiff currently resides with his minor children: a. Mark Leroy McCleaf, Jr., (DOB 8/7/99) b. Megan Leann McCleaf (DOB 1/2/02) 15. The Defendant currently resides with her paramour a. Brian Misner. 16. The 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 any other court. 17. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person nor 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. 19. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Father has provided the primary caregiver responsibilities of the minor children since their birth. He has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the children; iii. Purchased, cleaned and cared for the children's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. 20. The Father will be able to ensure for the children's safety and care. 21. The Father can provide a stable home for the children. 22. The Father can provide for the children both financially and emotionally. 23. The Father can better provide for the children since he works days at TB Woods from 6:00 a.m. until 2:00 p.m.; whereas Mother works from 5:00 p.m. to closing (approximately 2:00 a.m.) as a bartender at the Park Tavern in Waynesboro; five (5) days a week and only has off on Tuesdays and Wednesdays. 24. The children have a psychological bond with both the Father and the Mother. 25. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Honorable Court grant Shared Legal Custody of the minor children to both the Plaintiff/Father and the Defendant/Mother and Primary Physical Custody to the Plaintiff/Father and Partial Physical Custody to the Defendant/Mother based upon her work schedule. Respectfully submitted, DATE 1 I ` U -0 ABOM & KUTUL4Ki4 L.L.P. CiUmM4, d"Sn-) Michelle L. So r Supreme Court ID 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff i I, MARK L. McCLEAF, verify that the statements made in this Custody Complaint 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 4-'/) - 0 AND NOW, this R-00 day of November, 2009, I, Michelle L. Sommer, Esquire, of Abom & Kutulalds, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Attorney for the Defendant Respectfully submitted, ABom&KUTULAKIS, L.L.P. Michelle L. Sommer", Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ?r 71..1 "3v 11, bl 911110''x° 16 F',: 10 ,pd. ar? w ee k- g i ?s.sv 3 3 GV MARK L. MCCLEAF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VANESSA A. MCCLEAF DEFI?NDANT 2009-7982 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, November 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 29, 2009 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, _ By: Is/ ohn . Man an dr-,Eso,iiA 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 infonnation 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 ZQ09 ??`d 23 Pp? t ? 42 ?x ~1~'~r.:~ _.: Z~10,iv~d S f~ 3~ ~~ ~u VANESSA A. MCCLEAF, Plaintiff vs. MARK L. MCCLEAF, Defendant JUN 2 8 ~t~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7982 CIVIL TERM CIVIL ACTION LAW IN CUSTODY ORDER OF COURT . } ~/~ AND NOW thisOC day of ~~/ GC G~,~1 2010; the attached Custody Stipulation and Agreement is hereby made an Order of Court. cc: "Hannah Herman-Sn der Es uir y q e Attorney for Plaintiff BY THE COURT, ~~ ~, J. ~ N ~~ _~- c._ --t `-.: ~ tr,~ ~ Michelle L. Sommer, Esquire , ~.~ ~ ~ .., ~J ° ~ Attorney for Defendant , .. \... ~ _=~ ~' -^ ~~_ _. c: ~ ~1.~8/~v I t 4.-I.. IJ 'U?1 ? 1.. t E- i HE PR0TNDN TARP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,WkB CUMBERLANDC MARK L. McCLEAF, NO. 2009-7982 PENNSYLVA Plaintiff, VS. CIVIL ACTION - LAW VANESSA A. KULPAK, Defendant. ACTION IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY ORDER DATED JUNE 28 2010 TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Defendant, Vanessa A. Kulpak, by and through her Mooney & Associates, by Rachel C. Schreck, Esquire, who files the following Petition for of Custody Order Dated June 28, 2010, and respectfully represents: Your Petitioner is Vanessa A. Kulpak, the above-captioned Defendant, residing at East Third Street, Apt. 2, Waynesboro, Franklin County, Pennsylvania 17268. :48 TY A 2. Your Respondent is Mark L. McCleaf, the above-captioned Plaintiff, residing at19 Chestnut Grove Rd., Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of Mark L. McCleaf, Jr., born August 7, 1999, Megan L. McCleaf, born January 2, 2002 (hereinafter "minor children") 4. On or about June 28, 2010, the Honorable Albert H. Masland entered an Order Court as a result of a Custody Stipulation and Agreement concerning the custody of the mi children. A true and correct copy of the current Custody Order is attached to this Petition. 5. Father is in contempt of the current Custody Order for the following reasons: a. Father has failed to abide by the terms of physical custody as provided for CSC S$3 Gda k 19CP? q_7 "s paragraph 2 of the Order. Specifically, Father has withheld custody of child Mark L. McCleaf since May 8, 2012, saying to Mother during a call on May 12, 2012, that minor child Mark does not want to see anymore; b. Father failed to provide Mother with minor child Mark on Mother's Day per the attached holiday schedule; c. Father does not permit Mother to have liberal telephone contact with child Mark as per paragraph 4 of the Order and always has an excuse for minor child Mark cannot talk to Mother on the phone; d. Father engages in disparaging remarks about Mother by calling her names the presence of the children in an attempt to estrange the children from which is in violation of paragraph 8 of the Order; e. Father does not provide Mother with notice of doctor's Specifically, he did not provide Mother with notice of when minor Megan was scheduled to receive required vaccinations approximately month ago; f. Father does not provide Mother with copies of the children's report cards she has to call the school to have them send her a second copy; g. Father did not provide Mother with minor child Megan's schedule; and h. Father never informed Mother that he unilaterally stopped sending children to the babysitter selected by both of the parties to use before rather, the babysitter called Mother to let her know that her services discontinued by Father. 7. As a result of Father's contemptuous behavior, Mother has incurred attorney's fees in the amount of $500.00 for the preparation of this petition and the hearing on this petition. 8. Counsel for Petitioner contacted counsel for Respondent, Michelle L. Esquire, for her position on the filing of this Petition and was informed that Attorney S opposes the filing of this petition. WHEREFORE, Petitioner, Vanessa A. Kulpak, respectfully requests this Honorable find Respondent, Mark L. McCleaf, in contempt of the Custody Order entered on June 28, 2010, order Respondent to reimburse Petitioner for her reasonable attorney's fees and costs in the of $500.00. Respectfully submitted, MOONEY & ASSOCIATES By: `yC Rachel C. Schreck, Esquire Attorney for Defendant I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 VERIFICATION I verify that the statements made in the Cot?kemr,?- o ?,gk?d are O ,C'd ec- Do ked ?cxc?e ag , 010?? -? true and correct. I understand that false statements herein are made subject to the penalties of 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Ua-4UA -,? a-- k - - L?4 A.." Date: q-5- la VANESSA A. MCCLEAF, Plaintiff vs. MARK L. n4CC LIA F Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7982 CIVIL TERM CIVIL A CTIOt,; T 4 W IN CUSTODY ORDER OF COURT AND NOW this j245"Lt\day of ?- 2010, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, J. cc: Hannah Herman-Snyder, Esquire Attorney for Plaintiff Michelle L. Sommer, Esquire Attorney for Defendant TRUE COPY FROM RECORD In TOSAMorry vetarec, ! hens unto set my h Tnd ti?pf said , ?# at ?.sr(2? VANESSA A. MCCLEAF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-7982 CIVIL TERM MARK L. MCCLEAF, Defendant ? CIVIL ACTION LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this day of .Tune, 2010, by and between Vanessa A. McCleaf, (hereinafter referred to as "Mother") and Mark L. McCleaf, (hereinafter referred to as "Father"); The parties are the natural parents of two children, namely, Mark L. McCleaf, Jr., born August 7, 1999 and Megan L. McCleaf born January 2, 2002, (hereinafter referred to as the "children"); WHEREAS, the parties wish to enter into this Agreement relative to the custody of the children. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. Legal Custody The Father, Mark L. McCleaf and the Mother, Vanessa McCleaf, shall have shared legal custody of Mark L. McCleaf, Jr., born August 7, 1000 and Megan L. McCleaf, born January 2, 2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to medical, dental, religious or school records, the residence address the Children and of other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: The parties shall follow a two (2) week alternating schedule with week 1 beginning on Saturday, Tune 12, 2010 and this schedule shall be as follows: a. Week 1- Saturday at 8:00 a.m. until 5:00 p.m. and Sunday at 8:00 a.m. until Tuesday at 5:00 p.m. (or dropping the children off at school in the niorliiiig if It is a school day' - J ) ' b. Week 2 - Sunday at 8:00 a.m. until Tuesday at 5:00 p.m. (or dropping the children off at school in the morning if it is a school day); C. During the summer break and when the Children do not have school, Mother shall be the day care provider. Mother's period of custody shall begin at 3 :30 a.m. and end at 5:00 p.m.; and d. Mother and Father shall arrange physical custody of the Children at times as the parties may mutually agree. 3. The parties shall share equally in the transportation, with the preference to be meet half way. However, if they do not meet half way, one party shall provi transportation for the first part of the exchange and the other party shall provi the transportation at the other end of the exchange. 4. The non-custodial parent shall have liberal telephone/email/text contact with Children on a reasonable basis. 5. Holidays: For Christmas, in even numbered years, Mother shall have physica: custody of the Children from 3:00 p.m. on December 24th until 12:00 p.m. or. December 25th. Father shall have physical custody from 12:00 p.m. on December 15th until 5:00 p.m. on December 26th. In odd numbered years, Mother shall have physical custody on December 24th from 3:00 p.m. to 9:00 p.m. Father shall have custody from 9:00 p.m. on December 24th to 5:00 p.m. on December 25'h. Mother shall have custody from 5:00 p.m. December 25th to 5:00 p.m. on December 26"'. For all other holidays, the parents shall arrange the holidaxi schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non-working parent shall have physical custody of the Children for that time period the parent is working. The non-custodial parent shall pick up the Children to begin the holiday period from the custodial parent's residence. 6. Each parent shall have one week (seven consecutive days) of vacation with the Children per summer. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede th regular physical custody schedule. In the event the parties schedule conflictin vacations, the party first providing written notice shall have the choice f vacation. Prior to departure, the parties will provide each other with informatio ) regarding the intended vacation destination and a telephone number at which the can be reached during their vacations. The parties may expand this vacation tim by mutual agreement. 7. In the event the custodial parent should take the Children out of state, custodial parent shall notify the non-custodial parent within twenty-four hours departure of the intended destination and a telephone number at which they can reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love and affection for the other party. To the extend possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if execute with the same formality as this Stipulation and Agreement. 12. The parties acknowledge that they have read and understand the provisions of Agreement. Each party acknowledges that the Agreement is fair and equitabl and that it is not the result of any duress or undue influence. 13. The parties stipulate that in making this Agreement, there has been no concealment, overreaching, coercion, or other unfair dealing on the part of other party. WITNESS: V S1 ckj?'' k N `7?A? Date:/'? 2010 2 A a ' C"7 anessa A. McCleaf Mark L. McCleaf Date: -? -/0 , 2010 -Lq COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND a On this /' *day of J2010, before me, the unders officer, personally appeared VANESSA A. MCCLEAF, known to me (or satisfactory proven to be the person whose name is subscribed to the within Agreement and acknowledged that executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nt?A?Mt !AL ? ? OW t 1/Mt / Nal " haft ?OIIMbCOVAMMUFAA00 Notar Public ? CN?tiMion dtpY? Jerr i,1ROt= ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this o&l? day of 2010, before me; the undersigned officer, personally appeared MARK L. MCCLEAF, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,J?r2?i1? C-Vt Notary Public COMMONWEALTH OF PENNSYLVANLA NOTARIAL SEAL, Deborah L Ryan, Notary Public Carlisle Borough, C?arberlaod County commission . 31ne 11,'M"4 HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1st Half From 9 am until 3 pm Mother Mother Easter Day 2n Half From 3 pm until 9 pm Father Father Memorial Day From 9 am until 7 pm Father Mother Independence Day From 4 pm 07/04 until 4 pm 07/05 Mother Father Labor Day From 9 am until 7 pm Father Mother Halloween From one hour before trick or Mother Father treating to one hour after trick or treating Thanksgiving I st From 9 am Thanksgiving Day to 4 Father Father Half pm on Thanksgiving Day I Thanksgiving 2n From 4 pm on Thanksgiving Day to Mother Mother half 3 pm the day after Thanksgiving Jay 11 New Year's From 6 pm 12/31 until noon January Father Mother 1st (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 7 m Mother r Mother Father's Day 9 am until 7 pm Father Father F LFO-©FFiCL CF TNF PROTHONOTARY 202 JUL 12 AM 11: 46 CUMSERLANO CGOTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI MARK L. McCLEAF, NO. 2009-7982 Plaintiff, vs. CIVIL ACTION - LAW VANESSA A. McCLEAF, Defendant. ACTION IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above captioned matter on behalf of Defendant. may be directed to me at the address below. Respectfully submitted, MOONEY & ASSOCIATES By:Aa,nheZe lLzAL Rachel C. Schreck, Esquire Attorney for Defendant I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 FILED-OFFICE JF THE PROTHONOTW 2412 JUL 12 AM 11: 4 7 CUM&ERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV MARK L. McCLEAF, NO. 2009-7982 Plaintiff, VS. CIVIL ACTION - LAW VANESSA A. McCLEAF, Defendant. ACTION IN CUSTODY PRAECIPE TO AMEND CAPTION TO THE PROTHONOTARY: Please amend the caption of this matter to reflect the change in Defendant's last name Kulpak. Respectfully submitted, MOONEY & ASSOCIATES By: Rachel C. Schreck, Esquire Attorney for Defendant I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 ,_- ;?? Ott: t t 2Qt2 JUG t ? ?` ?,?? ?;UM R S?LVktilN PAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV MARK L. McCLEAF, vs. Plaintiff, VANESSA A. KULPAK, Defendant. NO. 2009-7982 CIVIL ACTION - LAW ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Rachel C. Schreck, Esquire, attorney for the above Defendant, hereby certify that on Jug day of , 2012, I have forwarded a copy of the Petition For Conte of Custody Order Date June 28, 2010, in the above-captioned action to the following individu, by regular U.S. Mail as set forth below: Michelle L. Sommer, Esq. Abom & Kutulakis, L.L.P. 2 West High Street Carlisle, PA 17013-2922 Respectfully submitted, MOONEY & ASSOCIATES By: Rachel C. Schreck, Esquire Attorney for Defendant I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 3) 1LL HE PROTHONOTAR'l 2012 JU! 17 AM 11: 10 CUMBERLAND COUNTY PENNSYLYANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV MARK L. McCLEAF, NO. 2009-7982 Plaintiff, vs. VANESSA A. McCLEAF, Defendant. CIVIL ACTION - LAW ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Rachel C. Schreck, Esquire, attorney for the above Defendant, hereby certify that on tl J? ay of , 2012, I have forwarded a copy of the Entry of Appearance, the above-captioned action to the following individuals by regular U.S. Mail as set forth below: Michelle L. Sommer, Esquire Abom & Kutulakis, L.L.P. 2 West High Street Carlisle, PA 17013-2922 Hannah Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Respectfully submitted, MOONEY & ASSOCIATES By: Rachel C. Schreck, Esquire Attorney for Defendant I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 4 THE PROTNQNOTAR'i 2012 JUL 17 APB 11: 10 CUMBERLAND COUNT'S PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV MARK L. McCLEAF, NO. 2009-7982 Plaintiff, VS. CIVIL ACTION - LAW VANESSA A. McCLEAF, Defendant. ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Rachel C. Schreck, Esquire, attorney for the above Defendant, hereby certify that on this day of 2012, I have forwarded a copy of the Praecipe to Ame d Caption, in the above captioned action to the following individuals by regular U.S. Mail as set forth below: Michelle L. Sommer, Esquire Abom & Kutulakis, L.L.P. 2 West High Street Carlisle, PA 17013-2922 Respectfully submitted, MOONEY & ASSOCIATES By: Rachel C. Schreck, Esquire Attorney for Defendant I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 MARK L. MCCLEAF IN THE COURT OF COMMON PLEAS O&L-3: N PLAINTIFF r-n m CUMBERLAND COUNTY, PENNSYLVi e r V 2009-7982 CIVIL ACTION LAW gC c> T VANESSA A. KULPAK r IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 13, 2012 , upon consideration of the attached it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the cc at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 21, 2012 at 1: for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disl if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tern 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/ john J. Mangan, Jr., Esg? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Amy 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 arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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 3 re rc4p 6or - 4C% -r `. c?c?> iliator, PM or ed FILED-OFFICE THE r ROTtiONOTAR` 212 AUG -1 PM 1: 39 CUMBERLAND ICOUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV MARK L. McCLEAF, Plaintiff, vs. VANESSA A. KULPAK, Defendant. NO. 2009-07982 CIVIL ACTION - LAW ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Rachel C. Schreck, Esquire, attorney for the above Defendant, hereby certify that on is aj+ day of , 2012, I have forwarded a copy of the Order of Court for a Conciliation Conference, in the above-captioned action to the following individual(s) by regular U. . Mail as set forth below: Michelle L. Sommer, Esq. Abom & Kutulakis, L.L.P. 2 West High Street Carlisle, PA 17013-2922 Respectfully submitted, MOONEY & ASSOCIATES By: ?Aej_t '? Rachel C. Schreck, Esquire Attorney for Defendant I.D. # 309076 67 N. Main Street Chambersburg, PA, 17201 (717) 263-9215 S MARK L. McCLEAF, Plaintiff V. VANESSA A. McCLEAF, N/K/A VANESSA A KULPAK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-7982 CIVIL ACTION LAW IN CUSTODY Prior Judges: jM.L. Ebert, Jr., J. issued original custody Order Albert H. Masland, J., issued stipulated Order ORDER OF COURT AND NOW this O day of September 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Mother's petition for Contempt is hereby DISMISSED without prejudice. 2. Legal Custody: The Father, Mark McCleaf, and the Mother, Vanessa McCleaf, shall have shared legal custody of Mark L. McCleaf, Jr., born 08/07/1999 and Megan L. McCleaf, born 01/02/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's physical custody on a repeating two week schedule as follows: a. Week I- Saturday 8:00 am until 5:00 pm and Sunday at 8:00 am until Tuesday 5:00 pm (or dropping the Children off at school in the morning if it is a school day); b. Week 2- Sunday at 8:00 am until Tuesday at 5:00 pm (or dropping the Children off at school in the morning if it is a school day) C. During the summer break, and when the Children do not have school, Mother shall be the day care provider. Mother's period of custody shall begin at 3:30 am and end at 5:00 pm. d. The parties shall share equally in the transportation, with the preference to be to meet half way. However, if they do not meet half way, one party shall provide transportation for the first part of the exchange and the other party shall provide the transportation at the end of the exchange. e. Mother and Father shall arrange physical custody of the Children at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone/email/text contact with the Children on a reasonable basis. 5. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling (with the focus on co-parenting) with a qualified professional. The cost of the counseling, after appropriate payment through insurance, shall be split equally between the parties. Father shall forward a list of providers to Mother, the parents shall jointly select a counselor and Father shall schedule an appointment within ten days of the instant Order. 6. Holidays: For Christmas, in even numbered years, Mother shall have physical custody of the Children from 3:00 pm on 12/24 until 12:00 pm on 12/25. Father shall have physical custody from 12:00 pm 12/25 until 5:00 pm on 12/26. In odd numbered years, Mother shall have physical custody on 12/24 from 3:00 pm until 9:00 pm. Father shall have custody from 9:00 pm on 12/24 until 5:00 pm on 12/25. Mother shall have custody from 5:00 pm 12/25 until 5:00 pm on 12/26. For all other holidays, the parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non-working parent shall have physical custody of the Children for that time period the parent is working. The non-custodial parent shall pick up the Children to begin the holiday period from the custodial parent's residence. 7. Each parent shall have one week (seven consecutive days) of vacation with the Children per summer. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: By the Court, J. C7 Rachel Schreck, Esq., 67 N. Main St., Chambersburg, PA 17201 Y Michelle Sommer, Esquire John J. Mangan, Esquire 4 1 PS ma .'le-d 91,01 a 6- _V3: rn u,r HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS -- Easter Day 1, t Half From 9 am until 3 m Mother Mother Easter Day 2 Half From 3 m until 9 m Father Father Memorial Day From 9 am until 7 m Father Mother Independence Day From 4 m 07/04 until 4 m 07/05 Mother Father Labor Da From 9 am until 7 m Father Mother Halloween From one hour before trick or treating to one hour after trick or treating Mother Father Thanksgiving 1St Half From 9 am Thanksgiving Day to 4 m on Thanksgiving Day Father Father Thanksgiving 2n half From 4 pm on Thanksgiving Day to 3 m the day after Thanksgiving Day Mother Mother New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Father Mother Mother's Day From 9 am until 7 m Mother Mother Father's Day From 9 am until 7 m Father Father N Q N cn rn -v 1 rn fV I M F ,-n C -? ry -,? X Z7 r? MARK L. McCLEAF, Plaintiff V. VANESSA A. McCLEAF, N/K/A VANESSA A. KULPAK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-7982 CIVIL ACTION LAW IN CUSTODY Prior Judges: M.L. Ebert, Jr., J. issued original custody Order Albert H. Masland, J., issued stipulated Order CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custody of Mark L. McCleaf, Jr. 08/07/1999 Primary Father Megan L. McCleaf 01/02/2002 Primary Father 2. A Conciliation Conference was held with regard to this matter on December 29, 2009, an Order issued January 05, 2010, a stipulated Order issued June 28, 2010 and a conference was held August 21, 2012 with the following individuals in attendance: The Mother, Vanessa McCleaf, with her counsel, Rachel Schreck, Esq. The Father, Mark McCleaf, with his counsel, Michelle Sommer, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. an, Esquire Custody C nciliator • • MARK L. McCLEAF, Plaintiff, vs. VANESSA A. KULPAK, N/K/A VANESSA A. MISNER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C) P,..3 NO. 2009-07982C-7 ` rte; c ;_ z rT7 _, 1 -Ti -: CIVIL ACTION -LAW ` r.-- = -� `— —C1Nom_; T— ACTION IN CUSTODY y © -�, ! r PETITION TO MODIFY CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner, Vanessa A. Kulpak, now known as Vanessa A. Misner, by and through her attorneys, Mooney & Associates, by Rachel C. Schreck, Esquire, files the following Petition to Modify Custody and respectfully represents: 1. Your Petitioner is Vanessa A. Kulpak, now known as Vanessa A. Misner (hereinafer referred to as "Mother"), the above -captioned Defendant, who currently resides at 34 East Third Street, Apt. 2, Waynesboro, Franklin County, PA 17268. 2. Your Respondent is Mark L. McCleaf (hereinafter referred to as "Father"), the above - captioned Plaintiff, who currently resides at 9 Chestnut Grove Rd., Shippensburg, Cumberland County, PA 17257. 3. On or about September 6, 2012, an Order for Custody was entered regarding the above -captioned action. A copy of said Order is attached hereto as Exhibit "A" and is incorporated herein as if though more fully set forth at length. 4. The Order of Court provides that the parties share joint legal custody of their minor children, Mark L. McCleaf, Jr., born 8/7/1999 and Megan McCleaf, born 1/2/2002. Father was granted primary physical custody, and Mother was granted partial physical custody. g93.va -Pci.-614-1/ er' 30'19 5. Petitioner seeks to modify the Order for Custody dated September 6, 2012, for the following reasons: a) The parties have not been following the September 6, 2012, Order for Custody for approximately two (2) years, which means that the current order does not represent the status quo; b) The September 6, 2012, Order for Custody was entered into based upon Mother's work schedule, which has since changed, and the parties have modified exchange times to accommodate Mother's work schedule; c) Mother has been providing all of the transportation and is requesting that this burden be shared by the parties; d) Mother has not been able to exercise her periods of partial physical custody of minor child, Mark, Jr., for many months and desires to resume a schedule of physical custody for Mark, Jr.; e) Minor child, Megan, has been requesting to reside with Mother on a primary basis for over a year; f) Megan is interested in participating in extra -curricular activities that Father is unable to transport her to due to his work schedule; g) Mother is able and willing to transport and pay for the extra -curricular activities that Megan desires to participate in; h) Father works many evenings so the children spend the majority of Father's periods of custody with Step -Mother when Mother is available to exercise custody; i) Minor children do not have a good relationship and do not want or need to reside with the same parent at all times; j) Mother is more able to maintain a loving, stable, consistent and nurturing relationship with Megan adequate for her emotional needs; k) Mother is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of Megan; and 1) Mother has more availability to care for Megan after school or make appropriate arrangements for Megan to stay with step -father, who is retired. 6. For the above mentioned reasons, Petitioner desires this Honorable Court to order the following: a) Beginning in June of 2015 after the end of the 2014/2015 school year: i. Mother shall have primary physical custody of Megan. The parties shall cooperate in transferring Megan from the Shippensburg School District to the Waynesboro School District for the 2015/2016 school year. ii. Father shall have partial physical custody of Megan on alternating weekends from Friday after school until Sunday at 7:00 p.m. b) Father shall have primary physical custody of Mark, Jr., and Mother shall have partial physical custody on alternating weekends, unless otherwise agreed, from after school on Friday to Sunday at 7:00 p.m. c) The transportation burden shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent. 7. Mother has attached the Criminal Record/Abuse History Verification form required by Pa.R.C.P. 1915.3-2. WHEREFORE, Petitioner respectfully requests this Honorable Court grant the relief requested for the reasons set forth hereinabove. Respectfully submitted, MOONEY & ASSOCIATES By: d'ehlzi Rachel C. Schreck, Esquire Attorney for Defendant I.D. # 309076 80 N. Second Street Chambersburg, PA, 17201 (717) 263-9215 VERIFICATION I verify that the statements made in this " `ert -'re (V1c ► C kiD_are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: q - ig /62, -c -e -a ---i /7/L._4„°` MARK L. McCLEAF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-7982 CIVIL ACTION LAW VANESSA A. McCLEAF, N!KIA. VANESSA A. KULPAK. Defendant IN CUSTODY Prior Judges: M.L. Ebert, Jr., J. issued original custody Order Albert H. Masland, .1., issued stipulated Order ORDER OF COURT d� AND NOW this G° day of September 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Mother's petition for Contempt is hereby DISMISSED without prejudice. 2. Legal Custody: The Father, Mark McCleaf, and the Mother, Vanessa McCleaf, shall have shared legal custody of Mark L. McCleaf, Jr., born 08/07/1999 and Megan L. McCleaf born 01/02/2002. The parties shall have an equal right to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's physical custody on a repeating two week schedule as follows: a. Week I- Saturday 8:00 am until 5:00 pm and. Sunday at 8:00 am until Tuesday 5:00 pm (or dropping the Children off at school in the morning if it is a school day); b. Week 2- Sunday at 8:00 am until Tuesday at 5:00 pm (or dropping the Children off at school in the morning if it is a school day) e. During the summer break, and When the Children do not have school, Mother shall be the day care provider. Mother's period of custody shall begin at 3:30 am and end at. 5:00 pm. d. The parties shall share equally in the transportation, with the preference to be to meet half way. However, if they do not meet half way, one party shall provide transportation for the first part of the exchange and the other party shall`provide the transportation at the end of the exchange. e. Mother and Father shall arrange physical custody of the Children at such other tines as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone/email/text contact with the Children on a reasonable basis. 5. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling (with the focus on co -parenting) with a qualified professional. The cost of the counseling, after appropriate payment through insurance, shall be split equally between thc parties. Father shall forward a list of providers to Mother, the parents shall jointly select a counselor and Father shall schedule an appointment within ten days of the instant Order. 6. Holidays: For Christmas, in even numbered years, Mother shall have physical custodyof the Children from 3:00 pm on 12/24 until 12:00 pm on 12/25. Father shall have physical custody from 12:00 pm 12/25 until 5:00 pm on 12/26. In odd numbered years, Mother shall have physical custody on 12/24 from 3:00 pm until 9:00 pm. Father shall have custody front 9:00 pm on 12/24 until 5:00 pm on 12/25. Mother shall have custody from 5:00 pm 12/25 until 5:00 pin on 12/26. For all other holidays, the parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non -working parent shall have physical custody of the Children for that 'time period the parent is working. The non-custodial parent shall pick up the Children to begin the holiday period from the custodial parent's residence. 7. Each parent shall have one week (seven consecutive days) of vacation with the Childr per summer. 'The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. Jn the event the parties schedule conflicting vacations, the party first providing written:notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Children out of state, the custodial patent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from thc other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disuarage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 PaC.S. §5337. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may Inodify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: Rachel Schreck, Esq., 67 N. Main St., Chambersburg, PA 17201 Michelle Sommer, Esquire John J. Mangan, Esquire —I ;gc" tlF <1,r- , CS HOLIDAYS AND SPECIAL DAYS' TIMES . EVEN YEARS 6155-71;" YEARS Easter Daye Half From 9 am until 3 pm Mother Mother Easter Day 2nd Half From 3 pm until 9 pm From 9 am until 7 pm Father Father Father Mother Memorial Day Independence Day From 4 pm 07/04 until 4 pm 07/05 Mother Father Father Mother Labor Day From 9 am until 7 pm Halloween From one hour before trick or treating to one hour after trick or treating :Mother Father Thanksgiving l Half From 9 am Thanksgiving Day to 4 pm on Thanksgiving Day Father Father Thanksgiving 2nd half From 4 pm on Thanksgiving Day to 3 pm the day after Thanksgiving Day Mother Mother New Year's From 6 pm 12/31 until noon January l' (with the 12/31 year to control the even/odd determination) Father Mother Mother's Day From 9 am until 7 pm Mother Mother Father's Day From 9 am until 7 pm Father Father TRUE COPY FROM RECORD In Testimony whereof. I here unto set my hand and the seal of said Court at CarlisIP. Pa This L day of 70 ,-,- P-7 Prothonotary 4 k -,6e MARK L. McCLEAF, IN THE COURT OF COMMON PLEAS OF Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-7982 CIVIL ACTION LAW VANESSA A. McCLEAF, N/K/A VANESSA A. KULPAK Defendant IN CUSTODY Prior Judges: M.L. Ebert, Jr., J. issued original custody Order Albert 14. Masland, J., issued stipulated Order CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custody of Mark L. McCleaf, Jr. 08/07/1999 Primary Father Megan L. McCleaf 01/02/2002 Primary Father 2. A Conciliation Conference was held with regard to this matter on December 29, 2009, an Order issued January 05, 2010, a stipulated Order issued June 28, 2010 and a conference was held August 21, 2012 with the following individuals in attendance: The Mother, Vanessa McCleaf, with her counsel, Rachel Sehreck, Esq. The Father, Mark MeCleat with his counsel, Michelle Sommer, Esq. 3. The parties agreed to the entry of an Order in the form as attached. /3 7/ Date John J. Custo y C n, Esquire nciliator MARK L. McCLEAF, Plaintiff, vs. VANESSA A. KULPAK, N/K/A VANESSA A. MISNER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 2 PENNSYLVANIA _ rnG-1 c NO. 2009-07982 -.( > tv CIVIL ACTION -LAW 7-,c5 ACTION IN CUSTODY T-- ms,µ CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Vanessa A. Misner, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless otherwise stated 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 all that apply Crime Self Other Household Member Date of conviction, guilty plea, no contest plea or pending charges Sentence 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) 1 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 assault) 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 indecenfassault) 18 Pa.C.S. §3,127 (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 concealing death of a child) , .. t 18 Pa.C.S. §4304 (relating to endangering welfare of children) . , 1 18 P&C.S. §4305 (relating to dealing in infant children 2. Unless indicated by my checking the box next to an item below, neither I nor any other member in my household have a history of violent or abusive conduct including the following: Check all that apply 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) Self Other Household Member Date A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction 18 Pa.C.S. §6301 (relating to corruption of minors) Involvement with a Children & Youth 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) 18 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 in my household have a history of violent or abusive conduct including the following: Check all that apply Self Other Household Member Date 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 Involvement with a Children & Youth Agency or similar agency in Pennsylvania or other jurisdiction. Where?: 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: 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 VQ S SCS., VN\ s Printed Name Date MARK L. MCCLEAF PLAINTIFF V. VANESSA A. KULPAK, N/K/A VANESSA A. M1SNER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI-A rrnrn rr} cn� C-) g - 2009-7982 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT N C.) AND NOW, Thursday, January 08, 2015 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at. 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 06, 2015 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John J. Mangan, Jr., Esq.rr/ Custody Conciliator ii .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. Copies AN ea red, E-sg . o Sommer) Fsg• o IJ( f( • (navoi e_(. Vefir- Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166