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HomeMy WebLinkAbout01-7092ANDREW E. SLIKE, Plaintiff TAMARA J. SLIKE, Defendant IN THE COURT OF COMMON PI.gAS CUMBERLAND COUNTY, PENNSYLVANIA :.NO. Ol--70cl : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Andrew E. Slike, an adult individual residing at 110 Wildflower Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Tamara J. Slike, an adult individual residing at 6171 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks shared physical and shared legal custody of the following children: Name. Address Age Brandon E. Slike 6171 Haymarket Way 16 Mechanicsburg, PA 17050 Nicholas R. Slike 6171 Haymarket Way 11 Mechanicsburg, PA 17050 Shanna E. Slike 6171 Haymarket Way 18 Mechanicsburg, PA 17050 4. The children were not bom out of wedlock. The children are presently in the custody of Defendant who resides at 6171 Haymarket Way, Mechanicsburg, Pennsylvania. at the following addresses: Name Tamara J. Slike During the past five (5) years, the children have resided with the following persons Address Dates 6171 Haymarket Way 11/26/01 to present Mechanicsburg, PA 17050 Andrew E. Slike 110 Wildflower Drive 11/25/96 - 11/25/01 Tamara J. Slike Carlisle, PA 17050 6. The mother of the children is currently residing at 6171 Haymarket Way, Mechanicsburg, Pennsylvania. 7. The father of the children is currently residing at 110 Wildflower Carlisle, Pennsylvania 17013. 8. The relationship of Plaintiff to the children is that of father. Plaintiff currently resides with the following persons: Name Relationship None The relationship of Defendant to the children is that of mother. Defendant currently resides with the following persons: Name Relationship Brandon E. Slike Nicholas R. Slike Slmnna E. Slike Mother Mother Mother it-iS-O1 1,i:37 ~ 7175823~64' SHER_DALE_BEER & BEV ~P 886 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Jan~s Bach, Esquire 352 S. Sporting Hill Road Mechanicsburg, PA 17055 Dated: L"Gg L -£g/. (/. L/.) Z'I~9~L LO/.L ~'d "I'IIH dlAl¥3 /::I::II:I.LS/:l)tt:l¥1/~ AAV'I J.¥ SX:IN~JOI I¥ ANDREW E. SLIKE, Plaintiff V. TAMERA J. SLIKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-7092 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of December, 2001, upon consideration of Plaintiff's Petition for Special Relief, filed December 18, 2001, and the court being unable to hold a hearing to receive the position of Defendant prior to Christmas, the request for ex parte relief regarding custody on Christmas day is denied. A HEARING is scheduled for Friday, January 11, 2002, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, on the balance of the petition for special relief. BY THE COURT, Debra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff James M. Bach, Esq. /_.~,~'~! 352 S. Sporting Hill Road Mechanicsburg, PA 17055 Attorney for Defendant :rc ANDREW E. SLIKE PLAINTIFF V. TAMARA J. SLIKE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-7092 CIVIL ACTION LAW : : 1N CUSTODY AND NOW, Thursday, December 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, January 28, 2002 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greeoy. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ANDREW E. SLIKE, TAMERA J. SLIKE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7092 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AMENDMENT TO PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner Andy Slike, by and through his counsel, Reager & Adler, P.C., and amends the Petition for Special Relief filed on December 18, 2001, as follows: 1. Paragraphs 1 through 9 of the Petition for Special Relief are incorporated herein by reference. 2. Since the filing of this Petition, Petitioner has requested through Respondent's family members, custodial time with his children. Said requests have ali been ignored. 3. Respondent continues to act contrary to the best interest of the children. WHEREFORE, Petitioner requests this Honorable Court to enter an interim order granting Petitioner shared physical custody of the minor children on an alternating weekly basis pending the custody conciliation and final order of court. Dated: //¢.~ By: Respectfully Submitted, REAGER & ADLER, PC pA~Deb ison - ntor, Esquire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class Mail, postage prepaid, as follows: Dated: James Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 17055 i,ESQUIRE ANDREW E. SLIKE, Plaintiff V. TAMERA J. SLIKE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-7092 CIVIL TERM ORDER OF COURT AND NOW, this 11t~ day of January, 2002, upon consideration of Plaintiff's Petition for Special Relief and PlaintiWs Amendment to Petition for Special Relief, and following a hearing held on January 11, 2002, it is ordered and directed as follows, pending the custody conciliation conference and further order of court: 1. Legal custody of the parties' child, Nicholas Robert Slike, shall be shared by the parties. 2. Primary physical custody of the child shall be in Defendant, the mother. 3. Temporary or partial physical custody of the child shall be in Plaintiff, the father, on alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. The first period of such temporary or partial custody shall commence on Friday, January 18, 2002. BY THE COURT, ~ebra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff ~srey Ole~., J. x/James M. Bach, Esq. 352 S. Sporting Hill Road Mechanicsburg, PA 17055 Attorney for Defendant V~C^'IAgNN~d ANDREW E. SLIKE, Plaintiff : : vs. : NO. 01-7092 : : CIVIL ACTION - LAW Defendant : CUSTODY TAMARA J. SLIKE, ! 9 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Oler, J. -- TEMPORARY ORDER OF COURT AND NOW, this 'Z,~.,,~J day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le I__~. The parties, Andrew E. Slike and Tamara J. Slike, shall have shared legal custody of the minor Children, Brandon E. Slike, born September 4, 1985; Shanna E. Siike, born July 14, 1983; and Nicholas R. Slike, born February 6, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 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. 2. ~aJJ~. Effective March 1, 2002, Father shall have physical custody of Nicholas on alternate weekends from Friday after school until he is returned to school on Monday mornings. 3. Holidays. Father shall have custody for the Easter school break from Saturday at 7:00 p.m. until Monday at Noon, and on July 4, 2002, from 9:00 a.m. until July 5, 2002, at 9:00 a.m. Mother shall have holiday custody for Memorial Day and Labor Day. 4. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Dr. Stanley Schneider. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Father shall bear the full expense of the evaluation. Therefore, Dr. Schneider will serve as Father's witness. No. 01-7092 -- Civil Term 5. A hearing is scheduled in Courtroom Number 1 of the Cumberland County ..Courthouse, on the ~ ~ day of May, 2002, at _~;_~ o'clock, _~/__M, at which ame testimony will be taken. For the purposes of t~& hearing the Father shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: BY THE COURT, ~/esley Ole~. Debra Denison Cantor, Esquire, 2331 Market Street, Camp Hill, PA 17011-4642 James M. Bach, Esquire, 352 S. Sporting Hill Road, Mechanicsburg, PA 17050 ANDREW E. SLIKE, VS. TAMARA J. SLIKE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7092 CIVIL ACTION . LAW CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The Pertinent information concerning the Children who are the subject of this litigation is as follows: Brandon Slike September 4, 1985 Mother Nicholas Slike February 6, 1990 Mother Shanna Slike July 14, 1983 Mother 2. A Custody Conciliation Conference was held on January 28, 2002, with the following individuals in attendance: the Father, Andrew E. Slike, and his counsel, Debra Denison Cantor, Esquire; the Mother, Tamara J. Slike, and her counsel, James M. Bach, Esquire. 3. The parties were seen for their first Custody Conciliation Conference in response to a Complaint for Custody filed on December 20, 2001. There was a Petition for Special Relief filed that same day. Following a January 11, 2002, hearing, the Court ordered shared legal custody of Nicholas; primary physical custody of Nicholas in the Mother; and periods of Partial custody on alternating weekends for Father. The matter was subsequently referred for a Custody Conciliation Conference. 4. At the time of the Conference the Parties reached an agreement to continue the present schedule wherein the present Order would not be changed with the exception of some provisions for holiday t me and part cipation in a custody evaluation through Dr. Stanley Schneider. At the t me of the Conference, Mother agreed to Participate in the custody evaluation but refused to contribute anything to its cost. Subsequent to the Conference the Conciliator was contacted by counsel for Mother via a letter indicating that Mother has now taken the position that she does not want to change the present Order in any way and that she will not voluntarily Participate in a custody evaluation. Counsel for Father subsequently responded with correspondence indicating that they oppose any change in the Order as structured at the Custody Conference and that · ' · wish to pursue a custody evaluabon w~th al/costs being born by Father. they continue to No. 01-7092 -- Civil Term 5. Father's DOsition on custody. Father reports that Mother left the marital home with the Children in November 2001 and initially denied all contact between he and the Children. Subsequently he contacted counsel, filed a Petition for Special Relief and, through Order of Court, received a temporary alternating weekend schedule. Father is seeking to have shared physical custody of the youngest Child, Nicholas. Father acknowledges that there is an estrangement that exists between himself and the two older Children, which he reports has occurred since the Mother left. the home. Father feels that Mother is being overprotective. He has historically worked long hours at a family-owned beer distributorship. In light of the concern regarding the estrangement of the older Children and their relationship to Father, Father is seeking a custody evaluation to include both parents and all three Children. Father is specifically most concerned that the estrangement that exists between himself and the older Children not be repeated in the relationship between himself and the youngest Child. Father has proposed a custody evaluation with Dr. Stanley Schneider and based on Mother's refusal to pay any portion of the evaluation, Father has agreed to pay the full amount of the evaluation should the Court so order it, in light of Mother's change in position and present refusal to Participate in such an evaluation. In response to Mother's allegations regarding his lack of involvement with the Children since separation, Father points out that Mother, until recently, refused to disclose her whereabouts with the Children. With regard to the allegation that he attacked his oldest Son, Father describes a circumstance where he stood a few feet away from him and pointed his finger at him in the midst of a family meeting. Father acknowledges that he did allow the Child the choice of sleeping in a guest bedroom or sleeping in Father's bedroom on a mattress and the Child chose to sleep in Father's bedroom on the mattress. Father also acknowledges that he did ask the Child to leave the bedroom ajar while he was showering, however, Father did not feel the Child was lacking appropriate levels of privacy for his shower. 6. Mother's position on custody/. Mother alleges that during the marriage Father was not participating much in the raising of the Children and described him as being very uninvolved. She alleges that since separation he has not asked about the Children, contacted them by phone or sent a Christmas card. She does acknowledge the older Children have some hostility toward Father. Mother also thinks that Father is not competent to be alone with the youngest Child but does not make any specific allegations on how this might be a danger to the Child. Mother is presently employed as a registered nurse case manager for Health South, and works from 7:30 a.m. to 4:00 p.m. Monday through Friday. She periodically takes call on Saturdays. Mother has taken the position that Brandon does not want to see his Father on alternating weekends. She is very critical of Father for allowing the Child to sleep on a mattress in his bedroom during custodial visits and of allowing the Child to be around a pet dog due to allergies. Mother claims that Father attacked the oldest Child in September. She describes Father as lacking in common sense but denies that he would try to harm his youngest Son unless he voiced an opinion. Mother was also very critical of Father for what she deemed to be a lack of privacy by asking the Child to leave the bedroom door open while No. 01-7092 -. Civil Term he showered. She claims that because Father sleeps very soundly he might not get out of bed if a fire were to occur at the home. At the Custody Conference it was Mother's position that Father needed to attend parenting skills classes. 7. The Conciliator recommends an Order in the form as attached. It is expected that a hearing will take one full day. 8. The Custody Conciliator strongly recommends that a custody evaluation be done in this matter and that Mother be required by the Court to Participate therein. It is the Conciliator's o ' ' ' pinion that ~t would be in the best interest of the Children to understand the nature of whatever estrangement may exist between Father and the two older Children, and to provide them an opportunity to address the situation in this very key relationship. Additionally, the evaluation would be helpful to all Children if the evaluator could give the parties guidance in assisting their children as they adjust to their parents' marital separation. Date i~sa Peel Greevy, Esquire CustOdy Conciliator ANDREW E. SLIKE, TAMERA J. SLIKE, Plaintiff : : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7092 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Plaintiff, ANDREW E. SLIKE, by and through his counsel, Reager & Adler, PC, and petitions this Court for a continuance as follows: 1. The parties in this case are mother and father of one minor child at issue, namely Nicholas R. Slike. 2. Pursuant to a Court Order dated February 22, 2002, Dr. Stanley Schneider was appointed as an expert in this matter to prepare custody evaluations, reports and recommendations to this Court. 3. Evaluator. 4. 5. Pursuant to the Court Order, Plaintiff made timely appointments with the Custody Defendant engaged in some delay prior to making her first appointment. As a result of this delay, Dr. Stanley Schneider has indicated that he will not have completed his evaluation in time for the May 20, 2002 hearing. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him a continuance until such time as Dr. Schneider's report is completed. Respectfully su/bmitted, REAGER & P/DLER, PC ' B/e/b/~l~)~nisojX/Ca~, E~uire I ./D,,AXlo. 663/3 2331 Market IS~-e~ Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff ANDREW E. SLIKE, TAMERA J. SLIKE, Plaintiff : . Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-7092 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ['~f~day of my-'"'/ ,2002, upon consideration of Plaintiff' s Motion for continuance, it is hereby ORDERED that the hearing scheduled for May 20, 2002 is 17, ~o~ a.,t ~': :~ ~./n., zS~ ~ ~--I. THE COURT: ViN~?flX~NN~d ,LIAINO0 Ck~?~,~,~N0 ANDREW E. SLIKE PLAINTIFF V. TAMERA J. SLIKE DEFENDANT IN CUSTODY : ORDER OF COURT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-7092 CIVIL ACTION LAW AND NOW, Monday, June 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, July 30, 2002 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. 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 heating 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ANDREW E. SLIKE, Plaintiff VS. TAMERA J. SLIKE, Defendant :IN THE COURT OF COMMO_N_ P~L.~E,A~ANi CUMBERLAND COUNTY, PENNm : NO. 01-7092 Civil Term : : CIVIL ACTION-IN CUSTODY AND NOW COMES ANDREW E. SLIKE, by his counsel Debra Denison Cantor and TAMERA J. SLIKE by her counsel, James Bach and stipulates as follows: 1. Plaintiff filed a Petition to Modify Custody seeking vacation time from July 3, 2002 to July 14, 2002. 2. The parties have concurred on this vacation date. 3. The parties request to Court to enter an Order granting plaintiff's request for vacation from July 3, 2002 to July 14, 2002. Respectfully submitted: l)aintiff 2331 Market Street Camp Hill, PA 17011 Ies Bach, Esquire (ttorney for Defendant 352 S. Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 ANDREW E. SLIKE, VS. TAMERA J. SLIKE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7092 Civil Term : : CIVIL ACTION-IN CUSTODY AND NOW, this 2o~lay of '~ o [ c~_, 2002, upon consideration of Plaintiff's Petition to Modify Custody as well as the attached Stipulation, IT IS HEREBY ORDERED that petitioner shall have partial custody of his minor son, Nicholas from July 3, 2002 to July 14, 2002. BY THE COURT: JUL 0 2002' ANDREW E. SLIKE, Plaintiff V. TAMERA J. SLIKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7092 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 29th day of July, 2002, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE C,~ Melissa Peel Greevy, Esquire Custody Conciliator :160404 ANDREW E. SLIKE, Plaintiff TAMARA J. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7092 : : CIVIL ACTION - LAW : CUSTODY WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, Tamara J. Slike, in the above-captioned matter. Date: Jame~/M. Bach, Esqui 352~niScPs~urting Hill Rd. ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Tamara J. Slike, in the above-capt~ Date: ~ ~ ~j~- (J~ih~~n~!~,~pi ~e ~ -~ v600 N. Second~re~t' Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 k/p:domestic~slike.app ANDREW E. SLIKE, : Plaintiff : V. : TAMERA J. SLIKE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-7092 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of August, 2002, upon consideration of the attached letter from Debra Denison Cantor, Esq., attorney for Plaintiff, the hearing scheduled for August 19, 2002, is cancelled. ~ebra Denison Cantor, Esq. 2331 Market Street Camp Hill, PA 17011 Attorney for Plaintiff BY THE COURT, /W~sley Oler, Jr:r, ~ . /-James Bach, Esq. 352 S. Sporting Hill Road Mechanicsburg, PA 17055 Attorney for Defendant irc 08/14/2002 13:40 FAX 763 1907 REAGERgO~DLER REAGER & ADLER, PC Al, I ORNEY$ AND COUNSELOR8 AT LAW 2331 MARKET STREET cAMP HILL, PENNSYLVANIA 17011-4642 TELEFAX 717.730-7366 WF_.BSIT~' R e....~g etAdierPC -corn August 16, 2002 002 VIA FAX- (717) 240-6462 The Honorable I. Wesley Oter, Jr. Cumberland Cotmry Courthouse I Courthouse Squm-e Carlisle, PA 17013 Siike v. SUke Our File No.: Docket No. 01-7092 Dear ,Iudge Olcr: The parties have come to a resolution m the above captioned case. Wv have circulated a stipulation and anticipate having it delivered to your chambers either Monday or Tuesday of next week. There ?or~. the hearin~ scheduled for August 19, 2002 may be continued pending the eutry of the Order. DDC 'er ce: Andy Siike John l~g, Esquire-Via Fax-232-9946 ,ANDREW E. SLIKE, Plaintiff V. TAMERA J. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA : : NO. 01-7092 Civil Term : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, TO WIT, this. [e~/Lday of ~ '-' t3" ~ ~ ,2002, it is hereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: ANDREW E. SLIKE, Plaintiff VS. TAMERA J. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7092 CIVIL TERM : : CML ACTION-LAW IN CUSTODY STIPULATION WHEREAS, the parties wish to enter into an agreement relative to the legal and physical custody of the child, Nicholas bom February 6, 1990; and WHEREAS, both parties have been provided an oppommity to review the Agreement with the counsel of their choice prior to signing; and THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. Shared Legal Custody: The parties agree to shared legal custody of the said minor child. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall promptly notify the other of any actix3ity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 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. Mother specifically agrees to provide Father with all documents regarding school activities, medical conditions and treatments as well as religious concerns. Mother agrees to do so in a prompt and timely manner. Father agrees to contact the school and request that the information be sent to his home directly. Mother agrees to provide Father w]th all extra-curricular activities schedules and to keep him advised of any medical issues that may arise. In addition, Nicholas has engaged in CCD classes and the parents agree that he may continue the CCD classes through confirmation. Thereafter, the parties will discuss whether or not further religious education is necessary. Mother shall maintain primary physical custody of the minor child. Father shall have partial custody as follows: SCHOOL YEAR. a., Father shall have custody every other weekend from Friday after school, with the school bus dropping the child at father's home, until Monday when he places the child on the school bus. If Monday is a school holiday, Father will maintain custody and place the child on the bus on Tuesday. b. One evening per week from after school, with the school bus dropping the child off at father home, until 8:00 p.m. except if child is in CCD class, then Father shall return him upon completion of the class. Father elects Wednesday until further notice to Mother. c. Father shall be entitled to custody during every school holiday including in service days. If the school holiday is not attached to Fathers weekend, he shall have custody the day of the holiday at I0:00 a.m. until the following morning when he places the child on the school bus. 1. The request for school holidays does not include any half days that have been scheduled unless that half day falls on Father's weekend at which time the child will ride the school bus home to his father's house. 2. Father shall be present when Nicholas gets on and off the school bus. The parties agree to equally divide the summer holiday by alternating custody of the child every other week from Sunday at 7:00 p.m. to the following Sunday at 7:00 p.m. The summer schedule shall begin the Sunday immediately following the last day of school and shall continue to the Sunday prior to school beginning. :; The parties agree to alternate Labor Day, Memorial Day and July 4th. Said holidays shall be defined as the evening before the holiday at 7:00 p.m. through the holiday at 7:00 p.m. Mother shall have Labor Day, 2002 and the parties shall alternate thereafter. Mother's Day shall be with Mother and Father's Day shall be with Father each from 8:00 a.m. on Sunday through Monday morning at 10:00 a.m. In order to accommodate family traditions each Thanksgiving, Mother shall hav~ custody the Wednesday prior to Thanksgiving at 3:00 p.m. through Thanksgiving Day at 3:00 p.m. Father shall have Thanksgiving Day at 3:00 p.m. until Friday at 3:00 p.m. If Father's weekend falls adjacent to Thanksgiving he shall keep the child through the weekend and nog- engage in any exchange on Friday. F~ather shall have Christmas Eve from 11:00 a.m. until Christmas Day at 11:00 a.m. Mother shall have Christmas Day from 11:00 a.m. until December 26~ at 11:00 a.m. The parties agree to equally divide the remainder of the school holiday with the Father having his share consecutively at the end of the holiday for his family trip. Mother and Father shall alternate custody of Nicholas during the school Spring Break every yea~} with Mother having custody during spring break 2003 and alternating thereafter. This l~reak runs from after school the day prior to the break beginning until the morning school begins after the break. Father and Mother shall alternate custody of Nicholas during the Easter break each year with Father having custody during Easter break in 2003 and alternating thereafter. This break runs from after school the day prior to the break beginning until the morning school begins after the break. TRANSPORTATION. Fqther shall provide all transportation for thc minor child under the assumption that the school bus will be able to provide transportation during the school year, at those times herein specified. It is specifically acknowledged that transportation may be provided by some of Father's family members if necessary. COMMUNICATION. The parties acknowledge that they have difficulty in communicating regarding the needs of their children. Therefore, the parents agree to retain a counselor covered by the parties insurance and shall meet at least once a month, or at the discretion of the counselor, to discuss issues regarding the children. TELEPHONE CONTACT WITH CHILD. Both parties shall have the right to reasonable telephone contact with ~ the child during the ther party s period ofcustody/v~sitation. Neither party shall interfere with the other party's telephone contacts with the child nor shall they interfere with the child's telephone contact with non-custodial parent. Each party shall make all reasonable effects to promptly return telephone calls or messages left by the other party regarding the child. DISPARAGING REMARK~ Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the pre~ence of the child. Such as those that might tend to alienate the affections of the child toward the Other parent. Also, each parent shall inform relatives and friends to also refrain i from making an3; disparaging remarks regarding either parent in the presence of the child. SUPERCEDES OF PRIOR COURT ORDER. This Stipulation shall be entered as a court order. This Stipulation shall supersede all prior Court Orders, Stipulations or Agreements. WHEREFORE, the parties intending to be legally bound thereby, and with the desire that this Agreement be entered as an Order of Court at the request of either party, hereby set their hand and seals and on the date first written above. witness Andrew E. Slike Tamara J. ~lik~' ANDREW E. SLIKE, Plaintiff TAMARA J. SLIKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7092 CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY AND VISITATION ORDER 1. The Petition of Tamara J. Slike respectfully represents that on the 19th day of August, 2002, an Order of Court was entered for the custody and visitation of the minor child, Nicholas Slike, DOB 2/6/90. A true and correct copy is attached. 2. This Order should be modified because: A. The existing Order allows for an equal division of the summer holiday by alternating custody of the child every other week from Sunday at 7:00 p.m. to the following Sunday at 7:00 p.m. B. Nicholas is now fourteen (14) years of age and will begin high school in the Fall term of 2004. C. Nicholas is involved in activities which are not conducive to week- long periods of visitation with his father, Andrew E. Slike. D. Nicholas has a close relationship with his older brother, who will be leaving for college in the Fall term of 2004. E. The father, Andrew E. Slike, does not have a relationship with his oldest son (Nicholas's older brother), and does not enjoy any visitation with said older son. F. Nicholas is desirous of maximizing his time in the summer with his older brother, during which period Nicholas's brother will be residing in the home of the Petitioner, Tamara J. Slike, which time will be greatly diminished should the existing Order not be modified. G. Nicholas has a close relationship with his older sister, who is currently a college student and living away from home during the Fall and Spring college terms. H. The father, Andrew E. Slike, does not have a relationship with his daughter (Nicholas's older sister), and does not enjoy any visitation with said daughter. I. Nicholas is desirous of maximizing his time in the summer with his sister, during which period Nicholas's sister will be residing in the home of the Petitioner, Tamara J. Slike, which time will be greatly diminished should the existing Order not be modified. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation because it will be in the best interest of the child, Nicholas Slike. Respectfully submitted, FPd~ I~'.AN NG, P.C. · ~mmE~~~ing, Esquffe' I. Second Street ~ J ~ouse Suite X,.2/ P. Box 984 Harrisburg, PA 17108 (717) 236-8000 k/p:domestic\slike.pet VERIFICATION I, Tamara J. Slike, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Modification of a Custody and Visitation Order; and the facts stated therein are tree and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated~ Lc)/~ Tamfira J. Slike/ v ,ANDREW E. SLIKE, Plaintiff TAMERA J. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA : : NO. 01-7092 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, TO WIT, this Iq' ~ day of /2 .......~ ,2002, it is hereby I- ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: J TaUE COPY F~GM RECORD la T~.~lr,~,.my wh.,~r~f, I here ,.'~to ~ ~ ~r~ and th~ ~i of ~ Co~ at Car~s~, ~. ~ ' ~o~on~ar~ ANDREW E. SLIKE, Plaintiff VS. TAMERA J. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7092 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY STIPULATION WHEREAS, the parties wish to enter into an agreement relative to the legal and physical custody of the child, Nicholas born February 6, 1990; and WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing; and THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: The parties agree to shared legal custody of the said minor child. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a vie~v toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall promptly notify the other of any actix3ity or cimumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 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. Mother specifically agrees to provide Father with all documents regarding school activities, medical conditions and treatments as well as religious concerns. Mother agrees to do so in a prompt and timely manner. Father agrees to contact the school and request that the information be sent to his home directly. Mother agrees to provide Father with all extra-curricular activities schedules and to keep him advised of any medical issues that may arise. In addition, Nicholas has engaged in CCD classes and the parents agree that he may continue the CCD classes through confirmation. Thereafter, the parties will discuss whether or not further religious education is necessary. 2. Mother shall maintain primary physical custody of the minor child. Father shall SCHOOL YEAR. a. Father shall have custody every other weekend from Friday after school, with the school bus dropping the child at father's home, until Monday when he places the child on the school bus. If Monday is a school holiday, Father will maintain custody and place the child on the bus on Tuesday. b. One evening per week from after school, with the school bus dropping the child off at father home, until 8:00 p.m. except if child is in CCD class, then Father shall return him upon completion of the class. Father elects Wednesday until further notice to Mother. have partial custody as follows: c. Father shall be entitled to custody during every school holiday including in service days. If the school holiday is not attached to Fathers weekend, he shall have custody the day of the holiday at I0:00 a.m. until the following morning when he places the child on the school bus. 1. The request for school holidays does not include any half days that have been scheduled unless that half day falls on Father's weekend at which time the child wilt ride the school bus home to his father's house. 2. Father shall be present when Nicholas gets on and offthe school bus. SUMMER. The parties agree to equally divide the summer holiday by alternating custody of the child every other week from Sunday at 7:00 p.m. to the following Sunday at 7:00 p.m. The summer schedule shall begin the Sunday immediately following the last day of school and shall continue to the Sunday prior to school beginning. HOLIDAYS. The parties agree to alternate Labor Day, Memorial Day and July 4th. Said holidays shall be defined as the evening before the holiday at 7:00 p.m. through the holiday at 7:00 p.m. Mother shall have Labor Day, 2002 and the parties shall alternate thereafter. Mother's Day shall be with Mother and Father's Day shall be with Father each from 8:00 a.m. on Sunday through Monday morning at 10:00 a.m. In order to accommodate family traditions each Thanksgiving, Mother shall have custody the Wednesday prior to Thanksgiving at 3:00 p.m. through Thanksgiving Day at 3:00 p.m. Father shall have Thanksgiving Day at 3:00 p.m. until Friday at 3:00 p.m. If Father's weekend falls adjacent to Thanksgiving he shall keep the child through the weekend and not engage in any exchange on Friday. ¢I-im Father shall have Christmas Eve from 11:00 a.m. until Christmas Day at 11:00 a.m. Mother shall have Christmas Day from 1 I:00 a.m. until December 26th at 11:00 a.m. The parties agree to equally divide the remainder of the school holiday with the Father having his share consecutively at the end of the holiday for his family trip. Mother and Father shall alternate custody of Nicholas during the school Spring Break every year, with Mother having custody during spring break 2003 and alternating thereafter. This break runs from after school the day prior to the break beginning until the morning school begins after the break. Father and Mother shall alternate custody of Nicholas during the Easter break each year with Father having custody during Easter break in 2003 and alternating thereafter. This break runs from after school the day prior to the break beginning until the morning school begins after the break. TRANSP RTATI N. Father shall provide all transportation for the minor child under the assumption that the school bus will be able to provide transportation during the school year, at those times herein specified. It is specifically acknowledged that transportation may be provided by some of Father's family members if necessary. COMMUNICATION. The parties acknowledge that they have difficulty in communicating regarding the needs of their children. Therefore, the parents agree to retain a counselor covered by the parties insurance and shall meet at least once a month, or at the discretion of the counselor, to discuss issues regarding the children. TELEPHONE CONTACT WITH CHII,F}. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the child nor shall they interfere with the child's telephone contact with non-custodial parent. Each party shall make all reasonable e£fects to promptly return telephone calls or messages left by the other party regarding the child. DISPARAGING REMARKS Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child. Such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. SUPERCEDES OF PRIOR COURT ORDER. This Stipulation shall be entered as a court order. This Stipulation shall supersede all prior Court Orders, Stipulations or Agreements. WHEREFORE, the parties intending to be legally bound thereby, and with the desire that this Agreement be entered as an Order of Court at the request of either party, hereby set their hand and seals and on the date first written above. / Witness Andrew E. Slike VTamara J. ANDREW E. SLIKE, Plaintiff TAMARA J. SLIKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7092 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on February lq , 2004, I served a copy of the within Petition for Modification of a Custody and Visitation Order, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 l!N. Second Street thouse Suite 9. Box 984 ~ Harrisburg, PA 17108 (717) 236-8000 ANDREW E. SLIKE PLAINTIFF V. TAMARA J. SLIKE DEFENDANT IN THE COURT OF COMMON PLEAS Ot7 CUMBERLAND COUNTY, PENNSYLVANIA 01-7092 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, April 08, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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. Ali children age five or older may also be present at the conference. Failure to appear at the conference mag 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/ Melissa P. Greevy. 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 befbre the court. You must attend the scheduled conference or hearing. YOU SItOULD 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 /~PI~ 30 ~004 ~ O ANDREW E. SLIKE, Plaintiff V. TAMARA J. SLIKE, Defendant IN THE COLJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-709:-~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of-A-p111, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of August 19, 2002 shall remain in full force and effect except as modified below: A. With regard to physical custody in the summer, if during Mother's week, Father is off on Tuesdays and Nicholas would otherwise be alone at Mother's home, Father may have custody for that day and will provid,9 transportation both ways. B. Mother may have custody up to three days a week when Father is working. However, Father shall have three weeks reserved for vacation during the summer school recess. The parties will provide dates and details of their planned vacation time when they become available. C. There will be a call between the parents one time a week or a weekly note to finalize the summer schedule in light of when all three of the parties' children may be available to spend time with each other. D. Summer Transportation Arrangement: Transportation to drop off Nicholas in the morning shall be provided by Mother on Mondays and Wednesdays and Father on Thursdays and Fridays. Transportation to pick up Nicholas in the afternoons shall be provided by Father on Mondays and Wednesdays and Mother on Thursdays and Fridays. NO. 01-7092 CIVIL TERM E. Each party will contact Bonnie Howard, or another covered provider, by April 16, 2004, to resume co-parent counseling as previously directed and agreed upon in the Stipulation which serves as the basis of the August 19, 2002 Order. Each party will pay the co-pay or unreimbursed costs for their individual visits with the therapist. Co-pays for joint sessions shall be shared between the parties on a pro- rata/net basis. Joint sessions are not expected to occur more than once a month. Dist: BY THE CQURT: ,..0ebra D. Cantor, Esquire, 2331 Market Street, Camp Hill, PA 17011 ..,John F. King, Esquire, 600 North Second Street, Harrisburg, PA 17101 ANDREW E. SLIKE, Plaintiff V. TAMARA J. SLIKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7092 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicholas Slike February 6, 1990 Mother 2. A Custody Conciliation Conference was held on April 8, 2004 with the following individuals in attendance: Andrew E. Slike, and his counsel, Debra D. Cantor, Esquire; the Mother, Tamara J. Slike, and her counsel, John F. King, Esquire. The Conciliation Conference was convened in response to Mother's Petition to Modify Custody filed on February 24, 2004. The parties reached an agreement in the forlTI of an Oder as attached. Melissa Peel Greevy, Esquire Custody Conciliator