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HomeMy WebLinkAbout04-3024JODY ANN REASNER, Plaintiff VS. CARROLL SIDNEY EWELL, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff, hereinafter referred to as the mother, is Jody Ann Reasner. Plaintiffs permanent residence is 127 B Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, hereinafter referred to as the father, is Carroll Sidney Ewell, currently resides at 139 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The mother seeks custody of her minor child: Name Present Residence Age Jaydah Reasner 128 Porter Avenue 5/25/02 DOB, -2 years old Carlisle, PA 17013 The child, Jaydah Reasner, was born out of wedlock. The child is presently in the custody of the mother. During the child's lifetime, she has resided with the following persons and at the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 -3Da4 CIVIL TERM CUSTODY following addresses: Name Address Date Jody Ann Reasner Spencer Shaffer Jody Ann Reasner Jaydah Reasner Spencer Shaffer Reginald Oberton Mickey Oberton Reginald Oberon, Jr. The mother is single. 128 Porter Avenue Carlisle, PA 17013 127 B Street Carlisle, PA 17013 Birth to 5/8/04 5/8/04 to present The father is single. 4. The mother currently resides with the following persons: Name Spencer Shaffer Jaydah Reasner Reginald Oberton Nickey Oberton Relationship Son of the plaintiff Daughter of the plaintiff Plaintiff's boyfriend Boyfriend's daughter Reginald Oberon, Jr. Boyfriend's son 5. The father currently resides with the following persons: Name Relationship Richard White Defendant's Grandfather Pat Ewell Defendant's Mother 6. The mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The mother has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The mother does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has been the child's primary caretaker since birth and is active in the care and nurturing of the child. b) The mother is gainfully employed and has established a safe and stable home environment for the child and can provide for the child's physical, emotional and spiritual well-being. c) The mother is the parent who can best facilitate any interaction between the child and the non-custodial parent. d) The father has not acted in the best interest of the child in ways including but not limited to the following: i) The father has used illegal drugs in the presence of the child. The father has driven with the child in a motor vehicle without a child safety seat. iii) The father has a history of physical abuse towards the mother to the extent that she received a Protection From Abuse Order from the court. The father has been abusive in front of the child and such behavior creates an unhealthy environment for a child. iv) The father has an extensive criminal history and, most recently, on or about May 8, 2004, he was released from the Cumberland County Prison after being incarcerated for a violation of his probation. v) The father has placed the child in danger when handling the child while intoxicated and under the influence of narcotics. 10. Every person with rights to custody or having actual physical custody of the child has been named as parties to this action. WHEREFORE, the mother requests this Court order the following: a. The mother shall have legal custody of the child. b. The mother shall have primary physical custody of the child. C. The father shall have periods of supervised visitation at the Carlisle YWCA at times mutually agreed upon by the parties. When the father has successfully completed a comprehensive drug and alcohol abuse program, this order can be modified to allow for periods of partial custody. d. During any custodial or visitation periods, both parents must provide an environment with no alcohol abuse and no use of illegal drugs and that during such periods the parents not be under the influence of illegal drugs or alcohol. e. The father must keep the mother informed of his current address and telephone number. f. The father shall complete both a drug and alcohol treatment program and parenting classes through an appropriate program. g. Neither parent shall do anything to disparage or allow other parties to disparage the other parent while the child is in their presence. h. Any other relief that this Court deems just and proper. ectfully submitted, Gra D Alo, Esquire Jess ca Diamondstone, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Jody Ann Reasner, verifies that the statements made in the above Complaint For custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: u o 4 qoVd Ann Reasne N n G. r, c? =? -_? n> - ?D ? ` - y 1 r {.. 1. ?-, „ r _ _: j O 1 ' ; -? JODY A. REASNOR, Plaintiff V. CARROLL S. EWELL, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 04-3024 CIVIL TERM ENTRY OF APPEARANCE Please enter the appearance of the Family Law Clinic as attorney for the Defendant, Carroll Sidney Ewell, in the above captioned matter. Respectfully Submitted, AZ4 Michael Ma.cht Certified Legal Intern r THO I PLACE ROBE E. RAINS LUCYJOIINSTON-WALSH ANNE MACDONALD-FOX Supervising, Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2,968 r 1 ^J JODY ANN REASNER, Plaintiff Vs. CARROLL SIDNEY EWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- 30,2 y CIVIL TERM CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody on behalf of CARROLL SIDNEY EWELL and I certify that I am authorized to accept service on behalf of defendant. Date: D Michael M2?cht, Certified Legal Intern G? Anne Ma io ld-Fox, Esquire Lucy Jo ns1:o -Walsh, Esquire Thomas M. Place, Esquire FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA. 17013 b00Z/8Z/9 T ?S r T. ll l1? 1 n?- y 1: 1 JODY ANN REASNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3024 CIVIL ACTION LAW CARROLL SIDNEY EWELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Tuesday, July 13 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Friday, July 30, 2004 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/ Hubert XGilroy- Esq. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY .AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?° p " '0 ry? fits El- C r. c a :s gad s i ?nr ar?oa dyi?ip;•W?+ii;-J ?'-fi v ?71ia?-C)?"iia C AUG 2 0 2004 JODY ANN REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CARROLL SIDNEY EWELL, : NO. 2004 - 3024 Defendant : IN CUSTODY COURT ORDER AND NOW, this W day of August, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jody Ann Reasner, and the father, Carroll Sidney Ewell, shall enjoy shared legal custody of Jaydah Reasner, born May 25, 2002. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Tuesday from 5:00 p.m. until 8:00 p.m. Mother shall deliver the child to father's custody, and mother shall pick the child up at the end of father's periods of temporary custody. Father shall exercise the custody with the supervision of his grandfather, Richard White. 4. Counsel for the parties shall conduct a telephone conference call with the Conciliator on Friday, August 27, 2004 at 8:30 a.m. At this call, the parties will review the status of the temporary custody order entered in this case. In the event everything is going well, it is anticipated that father's periods of time will be expanded with the child, with the expansion to be gradual and designed to implement a standard custody order assuming; all other factors are satisfactory. 5. This custody order supersedes the custody provisions of the Protection From Abuse Order entered at Docket No. 2003 -18l1. Furthermore, the parties may communicate with each other only for the purpose of arranging custody matters dealing with their minor child, and the no contact provision of the PFA Order is hereby modified in that respect. 6. Niether party shall consume alcohol when they have custody of the minor child, nor shall either parent be under the influence of alcohol or illegal drugs when they have custody of the minor child. cc: Jessica Diamondstone, Esquire Michael Macht, Student Attorney r. Y O V L° `?° CLV?I rim ? G,: i`Yi ll? ?? ? r`I pU?eO 2004 JODY ANN REASNER, Plaintiff v CARROLL SIDNEY EWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2004 - 3024 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jaydah Sidney Ewell Reasner, born May 25, 2002. 2. A Conciliation Conference was held on July 30, 2004, with the following individuals in attendance: The mother, Jody Ann Reasner, with her attorney, Jessica Diamondstone, Esquire, and the father Carroll Sidney Ewell, with his attorney, student Michael Macht of the Dickinson School of Law Family Law Clinic. 3. Based upon the strong recommendation of the Conciliator and with the understanding that the parties will be reviewing the matter within 3 weeks, the parties agree to the entry of an order in the form as attached. ?1(-( d (( ofe DATE Hubert X. Gilr ;y, Esquire Custody Co diator OCT 1 '. 2004 ? JODY ANN REASNEIZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARROLL SIDNEY EWELL, : NO. 2004 - 3024 Defendant : IN CUSTODY COURT ORDER AND NOW, this M day of October, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior order of August 23, 2004 is vacated and replaced with the following;: 1. The mother, Jody Ann Reasner, and the father, Carroll Sidney Ewell, shall enjoy shared legal custody of Jaydah Reasner, born May 25, 2002. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall have unsupervised periods of temporary physical custody with the minor child as follows: a. On every Tuesday, with father picking the child up from daycare between 4:00 p.m. and 5:00 p.m. and retaining custody until 8:00 p.m. b. Every other weekend, starting October 8, 2004 from Friday when the father will pick up the minor child from daycare between 4:00 p.m. and 5:00 p.m. and have custody until 7:30 p.m. on Saturday. c. On weeks that the father does not have weekend custody, he will have custody of the minor child on Thursday from when he will pick the child up at daycare between and 4:00 p.m. and 5:00 p.m. and have custody until 8:00 P.M. d. At such other times as agreed upon by the parties. 4. The parties shall divide holidays as follows: a. Father shall have custody on Father's Day and mother shall have custody on Mother's Day. b. The parties shall alternate custody on the following holidays: Thanksgiving Day, Christmas Eve/Day, New Years Eve/Day, Easter Sunday and Independence Day. Father shall exercise custody beginning Thanksgiving 2004. c. Which ever parent is not otherwise scheduled to have custody of the minor child on her birthday, that parent shall nevertheless have an uninterrupted period of at least 3 hours with her on her birthday. 5. The parties will share transportation responsibilities. Father will pick up the child from daycare on the days he is to have custody. Mother will pick up the child from father. Father will keep mother informed as to where the pick up shall take place. 6. The attorneys for the parties may contact the Conciliator after 30 days in the event the parties require another Custody Conciliation Conference. BY THE Judge cc: ,,J&sica Diamondstone, Esquire wiichael Macht, Student Attorney 14 I io- 1y-0'{ ?n u i G,;' c5 1 L.I us I..) {J 0 f._ -Y ?•v LJ OCT 1 ? 2006 c JODY ANN REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARROLL SIDNEY EWELL, : NO. 2004 - 3024 Defendant : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUN'T'Y CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator spoke with the attorneys for the parties in a telephone conference and also received a letter from the parties indicating an agreement has been reached. Based upon this agreement, the Conciliator recommends an order in the form as attached. 1OZ710 DATE Hubert X. Gilro , Esquire Custody Concy for ,IAN 2 6 2005 JODY ANN REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARROLL SIDNEY EWELL, : NO. 2004 - 3024 Defendant : IN CUSTODY COURT ORDER AND NOW, this 7,71 day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jody Ann Reasner, and the father, Carroll Sidney Ewell, shall enjoy shared legal custody of Jaydah Reasner, born May 25, 2002. 2. Mother shall have primary physical custody of Jaydah. 3. Father shall enjoy periods of temporary physical custody with Jaydah in accordance with the following schedule: a. Tuesdays between 4:00 p.m. and 5:00 pan. until 8:00 p.m. b. Alternating Thursdays between 4:00 p.m. and 5:00 p.m. until 8:00 p.m. c. Alternating weekends from Friday between 4:00 p.m. and 5:00 p.m. until Monday at 8:30 a.m. d. If Father must pick up Jaydah before 4:00 p.m. from the daycare facility, he must notify Mother the night before his period of partial custody so that Mother can advise the daycare director of the change. 4. Transportation will be supplied by both parties and shared as follows: a. On Tuesdays, alternating Thursdays and alternating Fridays, father shall pick up Jaydah at the daycare no later than 5:00 p.m. and no earlier than 4:00 p.m. without the consent of the Mother. Mother shall pick up Jaydah from Father at 8:00 p.m. at a location to lie determined by the parties. b. On Monday mornings, Father is responsible for getting Jaydah to daycare no later than 8:30 a.m. 5. The parties shall alternate major holidays to include Easter, Memorial Day, July 4, Labor Day and Thanksgiving. Mother shall exercise custody beginning Easter 2005. 6. The Christmas holiday shall be divided into two Blocks, Block A being from December 24 at noon until December 25 at noon, and Block B being from December 25 at noon until December 26 at noon. The parties shall alternate Blocks with Father having Block A in 2005 and Mother having Block B in 2005. 7. The New Year's holiday shall be divided into two Blocks, Block A being from December 31 at noon until January 1 at noon, Block B being from January 1 at noon until January 2 at noon. The parties shall alternate Blocks with Mother having Block A in 2005 and Father having Block B in 2005. 8. The Mother shall have custody of Jaydah on Mother's Day and Father shall have custody of Jaydah on Father's Day. 9. Whichever parent is not otherwise scheduled to have custody of Jaydah on her birthday, that parent shall have an uninterrupted period of at least three (3) hours with her on her birthday. 10. The Mother and Father agree that each shall notify the other immediately of medical emergencies that arise while the child is in the other parent's care. 11. Each parent shall provide the other with a current address and telephone number. 12. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. Both parties shall provide the child with a "safety zone" by discouraging third parties from making negative remarks about either parent when the child is within earshot. 13. Upon thirty (30) days from the date of this Order and assuming full compliance with the Order, Father's periods of temporary custody with the minor child on Thursday evenings shall be from between 4:00 p.m. and 5:00 p.m. on Thursday evening until Friday morning when Father shall return the minor child to daycare no later than 8:30 a.m. Upon the expiration of sixty (60) days from this Order and in the event the parties are still unable to agree on any final resolution of custody issues, legal counsel for the parties may contact the Conciliator directly for the scheduling of another Custody Conciliation Conference. BY THE COURT, Judge Edgar B. Bayley l cc: Jessica Diamondstone, Esquire ,*6y Kruzel, Certified Legal Intern C? IL ? ?1' ? ?? ? ?C?1r? .,'fit, '.1J;O -';±y ?... JODY ANN REASNE11, Plaintiff v CARROLL SIDNEY EWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 3CI24 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: After a number of telephone conferences with the attorneys for the parties, the Conciliator recommends an Order in the form as attached. -? s or DATE Hubert X. Gilroy, Custody ConciliaiG JODY ANN REASNER, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA w. : NO. 04-3024 CIVIL TERM CARROLL SIDNEY EWELL, DefendantlRespondent IN CUSTODY PETITION FOR MODIFICATION Petitioner, Jody Ann Reasner, by and through her counsel, MidPenn Legal Services, states the following: 1. Plaintiff/Petitioner, hereinafter referred to as Mother, resides at 127 B Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. DefendantfRespondent, hereinafter referred to as Father, resides at Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17012. 3. The above-named parties are the natural parents of Jaydah Reasner, born May 25,2002. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated January 27, 2005. The Order, in pertinent part, grants the parties shared legal custody of the children. Mother has primary physical custody with Father having periods oftemporary physical custody Tuesday afternoons, alternating Thursday afternoons and alternating weekends from Friday afternoon until Monday morning when Jaydah is returned to daycare. 5. Mother is entitled to a modification of the current Order, which is in Jaydah's best interest, for reasons including but not limited to the following: a. Under an initial August 2005 Order, attached hereto as Exhibit B, Father was subject to periods of supervised visitation using the paternal Grandfather as a supervisor. Despite this restriction, Father deliberately and willfully disregarded the Order by taking J aydah for excursions without Grandfather's supervision. b. Under an October 2004, Order, attached hereto as Exhibit C, Father was granted increased periods of temporary custody with Jaydah. The Order, in pertinent part, gave Father periods of temporary custody on Tuesday evenings, alternating Thursday ,evenings and alternating weekends from Friday afternoon until Saturday evening. c. After the entry of the October 2004, Order, Father failed to get Jaydah on three occasions, October 28, 2004, D(lcember 3, 2004, and December 23, 2004. On all three occasions, Father failed to notify either the daycare or Mother that he would not exercise his periods of temporary custody. d. Under the final Order dated January 29, 2005, Father's weekend visits were expanded to include Friday afternoon until Monday morning. By agreement at the January 11, 2005, conciliation conference, Father's weekends would begin January 14,2005. e. On January 14, 2005, Father did not pick up Jaydah from daycare and did not call either the daycare or Mother to advise that he would not exercise his custodial weekend. f Father's next custodial weekend was scheduled for January 28,2005. Father called Mother to advise that he would not be getting Jaydah that Friday. g. Father's next custodial weekend was scheduled for February 11, 2005, but Father could not exercise custody that weekend because he was arrested for a probation violation relating to drug charges. h. Father has been incarcerated since February 11, 2005. 1. Father's behavior during the history of this custody case has clearly demonstrated his lack of responsibility regarding the care of Jaydah Reasner. He has repeatedly disappointed her by leaving her at daycare and Mother is left to explain the situation. J aydah' s best interests would be served by requiring Father to abide by a strict and limited custodial schedule. 8. Counsel for Plaintiff attempted to seek concurrence from The Family Law Clinic, Defendant's prior counsel in this custody matter, and was unable to obtain such concurrence. WHEREFORE, Mother respectfully requests the following: a. That this Court schedule this matter for a custody conciliation to establish terms of a modified custody schedule. b. That Mother and Father continue to share legal custody ofthe children. c. That Father's periods of partial custody be as follows: 1.) Two months of supervised visitation at the Carlisle YWCA. 2.) Assuming compliance with the visitation schedule and successful completion of two months of supervised visits, Father shall have periods of partial custody on Tuesday and Friday evenings from 5:00 p.m. until 8:00 p.m. d. That Father will no longer be permitted to remove or return Jaydah to the daycare center. e. That Father be granted reasonable contact via telephone and written correspondence with Jaydah when she is in Mother's custody. d. Any other relief this Court finds just and proper. itted, Je ic Holst, Esquire idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Jody Ann Reasner, verifies that the statements made in the above petition for Modification are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904. relating to unsworn falsification to authorities. Date: 'f -2 Z -o!;; ~6'/Jn-1f~ ~ Reasner i .I~M 26 2005 JODY ANN REASNER, Plaintiff IN THE COUJlH OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSYLVANIA v CIVIL ACTION - LAW CARROLL SIDNEY EWELL, Defendant NO. 2004 - 3024 IN CUSTODY COURT ORDER AND NOW, this ;).7 day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jody Ann Reasner, and the falther, Carroll Sidney Ewell, shall enjoy shared legal custody of Jaydah Reasner, born May 25, 2002. 2. Mother shall have primary physical custody of Jaydah. 3. Father shall enjoy periods of temporary physical custody with Jaydah in i accordance with the following schedule: a. Tuesdays between 4:00 p.m. and 5:00 p.m. until 8:00 p.m. b. Alternating Thursdays between 4:00 p.m. and 5:00 p.m. until 8:00 p.m. i c. Alternating weekends from Friday between 4:00 p.m. and 5:00 p.m. until I Monday at 8:30 a.m. d. If Father must pick up Jaydah before 4:(]I0 p.m. from the daycare facility, he must notify Mother the night before his period of partial custody so . that Mother can advise the daycare director of the change. 4. Transportation will be supplied by both partIes and shared as follows: a. On Tuesdays, alternating Thursdays and alternating Fridays, father shall i pick up Jaydah at the daycare no later than 5:00 p.m. and no earlier than' 4:00 p.m. without the consent of the MoHler. MotheT shall pick up Jaydah i from Father at 8:00 p.m. at a location to be determined by the parties. b. On Monday mornings, Father is responsIble for getting Jaydah to daycare ! no later than 8:30 a.m. 5. The parties shall alternate major holidays to include Easter, Memorial Day, July 4, Labor Day and Thanksgiving. Mother shall exer'cise custody beginning Easter 2005. 6. The Christmas holiday shall be divided into two Block~, Block A being from December 24 at noon until December 25 all noon, and Block B being from DeCember 25 at noon until December 26 at noon. The parties shall alternate Blocks with Father having Block A in 200S and Mother having Block B in 2005. 7. 8. 9. 10. 11. 12. 13. The New Year's holiday shall be divided into two Blocks, Block A being from December 31 at noon until January 1 at noon, Block B being from January 1 at noon until January 2 at noon. The parties shall alternate Blocks with Mother having Block A in 2005 and Father having Block B in 2005. i I The Mother shall have custody of Jaydah 011 Mother's Day and Father shall have custody of Jaydah on Father's Day. Whichever parent is not otherwise scheduled to have custody of Jaydah on her birthday, that parent shall have an uninterrupted period of at least three (3) hours with her on her birthday. The Mother and Father agree that each shall notify the other immediately of medical emergencies that arise while the child is in the other parent's care. Each parent shall provide the other with a current address and telephone number. Neither party shall do anything which may 'estrange the child from the other , parent, or injure the opinion of the child as to the other parent or which mayf , hamper the free and natural development of the child's love or respect for thei i other parent. Both parties shall provide tbe child with a "safety zone" byl discouraging third parties from making negative remarks about either parent when the child is within earshot. Upon thirty (30) days from the date of this Order and assuming full compliance with the Order, Father's periods of temporary custody with the minor child on Thursday evenings shall be from between 4:00 p.m. and 5:00 p.m. on Thursday evening until Friday morlJiing when Father shall return the minor child to daycare no later than 8:30 a.m. Upon the expiration of sixty (60) days from this Order and in the event the parties aj'e still unable to agree. on any [mal resolution of custody issues, It~gal counsel for the parties may contact the Conciliator directly for the scheduling of another Custody i Conciliation Conference. BY THE COURT, cc: Jessica Diamondstone, Esquire Amy Kruzel, Certified Legal Intern 'tRUE COpy FR.OM R~CORD In Testimony whGreof, I here iCnto set n.\, hand ~nd he seal of s8id Court a.!Jfriisle, Pa. lh.' ........2.7..! oL;J.OJn, ..... . .1.aUJ.l.J. ...... ...../........ Prothonotary .,,', >, v IN THE COlJ..~'I O~ Cft~p'~PLEAS OF '. CUMBERL~~!C9.yNTYi PENNSYL VANIA CIVIL ACTION- LAW JODY ANN REASNER, Plaintiff CARROLL SIDNEY EWELL, Defendant NO. 2004 - 3024 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: After a number of telephone conferences with the attorneys for the parties, the Conciliator recommends an Order in the form as attached. [-J C- 0 f" C)6f :(J Hubert X. Gilroy, Es Custody Conciliat / I DATE JODY ANN REASNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARROLL SIDNEY EWELL, Defendant NO. 2004 - 31024 IN CUSTODY COURT ORDER AND NOW, this .23 day of August, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as fi~llows: 1. The mother, Jody Ann Reasner, and the father, Carroll Sidney Ewell, shall enjoy shared legal custody of Jaydah Reasnelr, born May 25,2002. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Tuesday from 5:00 p.m. until 8:00 p.m. Mother shall deliver the child to father's custody, and mother sh:i111 pick the child up at the end of father's periods of temporary custody. Father shall exercise the custody with the supervision of his grandfather, Richard White. 4. Counsel for the parties shall conduct a telephone conference call with the Conciliator on Friday, August 27, 2004 at 8:3>0 a.m. At this call, the parties will review the status of the temporary custody order entered in this case. In the event everything is going well, it is anticipated that father's periods of time will be expanded with the child, with the expansion to be gradual and designed to implement a standard custody order assuming all other factors are satisfactory. S. This custody order supersedes the custody provisions of the Protection From Abuse Order entered at Docket No. 2003 -1811. Furthermore, the parties may communicate with each other only for the purpose of arranging custody matters dealing with their minor child, and the no contact provision of the PFA Order is hereby modified in that respect. 6. Niether party shall consume alcohol when they have custody of the minor child, nor shall either parent be under the iufluence of alcohol or illegal drugs when they have custody of the minor child. BY THE COURT, Id Dt<~ /{ J5u~ Judge J cc: Jessica Diamondstone, Esquire Michael Macht, Student Attorney TRUE COPY FROM REOORu In rlltlmony whefeoI. I hn UlllIDIIC fIft hllact and till seal " &aid~ at CarlIsle, PI. ~hJ~l!~ . 1:.:~;h, :;7~ ProthonolllV JODY ANN REASNER, Plaintiff AUG 2 (I ZtJU4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARROLL SIDNEY EWELL, Defendant NO. 2004 - 3024 IN CUSTODY CONCILIATION CONFERENCE SUMM[ARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The perti.nent i.nformation pertaining to the child who is the subject of this litigation is as follows: Jaydah Sidney Ewell Reasner, born May 25, 2002. 2. A Conciliation Conference was held on July 30, 20il4, with the following i.ndividuals in attendance: The mother, Jody Ann Reasner, with her attorney, Jessica Diamondstone, Esquire, and the father Carroll Sidney Ewell, with his attorney, student Michael Macht of the Dickinson School of Law Family Law Clinic. 3. Based upon the strong recommendation of the Conciliator and with the understandi.ng that the parties will be reviewing the matter within 3 weeks, the parties agree to the entry of an order i.n the form as attached. c:2/t~/ D <( DATE ' {Zt{qm~ Custody Co liator OCT 1 Z2G04 ( JODY ANN REASNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSYLVANIA v CIVIL ACTION - LAW CARROLL SIDNEY EWELL, Defendant NO. 2004 - 3024 IN CUSTODY COURT ORDER Al\'D NOW, this J..!l.. day of October, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior order of August 23, 2004 is vacated and replaced with the following:: 1. The mother, Jody Ann Reasner, and the father, Carroll Sidney Ewell, shall enjoy shared legal custody of Jaydah Reasner, born May 25,2002. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall have unsupervised periods of temporary physical custody with the minor child as follows: a. On every Tuesday, with father picking the child up from daycare between 4:00 p.m. and 5:00 p.m. and retaining custody until 8:00 p.m. b. Every other weekend, starting October 8, 2004 from Friday when the father will pick up the minor child from daycare between 4:00 p.m. and 5:00 p.m. and have custody until 7:30 p.m. on Saturday. c. On weeks that the father does not have weekend custody, he will have custody of the minor child on Thursday from when he will pick the child up at daycare between and 4:00 p.m. and 5:00 p.m. and have custody until 8:00 p.m. d. At such other times as agreed upon by the parties. 4. The parties shall divide holidays as follows: a. Father shall have custody on Father's Day and mother shall have custody on Mother's Day. b. The parties shall alternate custody on the following holidays: Thanksgiving Day, Christmas EvelDay, New Years EvelDay, Easter Sunday and Independence Day. Father shall exercise custody beginning Thanksgiving 2004. c. Which ever parent is not otherwise scheduled to have custody of the minor child on her birthday, that parent shall nevertheless have an uninterrupted period of at least 3 hours with her on her birthday. 5. The parties will share transportation responsibilities. Father will pick up the child from daycare on the days he is to have custody. Mother will pick up the child from father. Father will keep mother informed as to where the pick up shall take place. 6. The attorneys for the parties may contact the Conciliator after 30 days in the event the parties require another Custody Conciliation Conference. BY THE COURT, j5/~ cc: Jessica Diamondstone, Esquire Michael Macht, Student Attorney TRUE COPY JODY ANN REASNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW CARROLL SIDNEY EWELL, Defendant NO. 2004 - 3024 IN CUSTODY CONCILIATION CONFERENCE SUMlVIARY REPORT IN ACCORlllANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The Conciliator spoke with the attorneys for the parties in a telephone conference and also received a letter from the parties indicating an agreement has been reached. Based upon this agreement, the Conciliator recommends an order in the form as attached. lot?! 0 <( DATE Hubert X. Gitro , Esquire Custody Conc' ator JODY ANN REASNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA x. : NO. 04-3024 CIVIL TERM CARROLL SIDNEY EWELL, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attomey for Plaintiff, Jody Reasner, hereby certify that I have served a copy of the forgoing Petition for Modification on the following date and in the manner indicated below: U.S. First Class Mail Robert Lacher, Certified Legal Intem Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 Date: 10, ,.. ,,'i' 01 t, quire MidPe Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 (J c-~ "', ~3 C,-' o ." -! T hi:::D r' ~:}7 ,.; e, ('".; --oj I -J :I (.0) en L_) , j JODY ANN REASNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA y. : NO. 04-3024 CNIL TERM CARROLL SIDNEY EWELL, Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORN[A PAUPERIS To the Prothonotary: Kindly allow, Jody Reasner, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Ir. Jessi a ols, Esquire Mi enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 .- ( -~- ._-\ -< r-., = = <On o C) ~-~ I -.J o -n ..... I-., rl1p -::...>1'1'": -:)0 ~, (1." ..~)..:', I:_~~~ :;irn '.-' ;.:' ~'XJ .-< ~ ~ U1 W JODY ANN REASNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3024 CIVIL ACTION LAW CARROLL SIDNEY EWELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, October 14, 2005 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 03, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinL• FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator q? 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 howl 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 ??,. s/ of '?' S'O ?? of ? ?,??, ?? s?-? ,,, ??? ,T,?, ;:.. ???,;,('r; r ?, ?:'! ?? ?,'1;?1i ?? i JODY ANN REASNER, Plaintiff VS. CARROLL SIDNEY EWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /ate day of December, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of January 27, 2005 is vacated and replaced with the following Order: 1. The Mother, Jody Ann Reasner, shall enjoy legal and physical custody of Jaydah Reasner, born May 25, 2002. 2. Mother shall have primary physical custody of the minor child. 3. Upon the release of the Father, Carroll Sidney Ewell, from prison, Father shall enjoy periods of visitation with the minor child at such times and under such circumstances as agreed to by the parties. 4. Upon Father's release from prison and in the event Father is unable to work out a satisfactory visitation arrangement with the Mother, Father's counsel may contact the Custody Conciliator directly to request that a Conciliation Conference be promptly scheduled to address Father's desire for expanded visitation with the minor child. BY THE COURT, P Edg7 7 Cc: Jessica Holst, Esquire Mr. Robert Lasher Bayley, Judge /7 -- (), a5 JODY ANN REASNER, Plaintiff VS. CARROLL SIDNEY EWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3024 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jaydah Reasner, born May 25, 2002 2. A Conciliation Conference was held on December 2, 2005, with the following individuals in attendance: The Mother, Jody Ann Reasner, with her counsel, Jessica Hoist, Esquire Robert Lacher, Certified Legal Intern from the Dickinson School of Law Family Law Clinic, represented the Father, Carroll Sidney Ewell. Mr. Ewell was not present; he is currently incarcerated. 3. The parties were before the Conciliator in January of 2005 at which time an extensive Custody Order was entered. In February of this year, Father was put in jail and remained in jail until October. Naturally, the Custody Order in place was not followed while the Father was in jail. Father was released from jail in October and put back in prison on a parole violation shortly thereof. 4. Mother wants a Custody Order specifying limited visitation with Father upon his release from jail until the parties can come again before the Custody Conciliator. This position makes sense to the Conciliator; the Conciliator recommends an Order in the form as attached. Date: u ert rt X. G?' oy, Esquire Custody C ciliator JODY A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY CARROLL SIDNEY EWELL, JR., : Defendant. : NO. 04-3y CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this I I day of Oc+-Obcf , 2006, between Jody A. Reasner, hereinafter Mother, and Carroll Sidney Ewell, Jr., hereinafter Father, concerns the custody of their child: Jaydah Reasner, born May 25, 2002. Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following. 1. Mother shall have legal and primary physical custody of the child. 2. Father shall have periods of visitation with the child every other weekend on Saturdays from 12 p.m. to 6 p.m. During the alternating weeks, Father shall have visitation from 5 p.m. to 8 p.m. on either Tuesday or Thursday. 3. On Father's visitation days, Mother will transport the child to and from the residence of Richard White. 4. M6ther and Father will agree upon which holidays child will spend with each parent. 5. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 6. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 7. Mother acknowledges that the Family Law Clinic represented only Father's interest in this matter and has given her no legal advice other than that she should seek the advice of legal counsel. 8. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. I-Jo"fli r_ - Q A _Ain VM RAAdz?___ 0 -610 F d y easner, , Plaintiff Carroll Si ey Ewe 1, Jr., Defendant ro Se jqdtm,T? 4 ? Andrea N. Zook Certified Legal Intern Counsel for Defendant Q",, 64t, ROBE E. INS THOM S M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN MALONE Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax(717)243-3639 ?? ?1 ,?, ?? ,? _ - ,. ,mil S ?: e ..-- _,:?` i ?._ ,_ ? ' €s> =s ._.,. 3 --?: ? DEC 2 g 2006,,E i JODY A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.04-3024 CIVIL ACTION - LAW CARROLL SIDNEY EWELL, JR IN CUSTODY Defendant COURT ORDER AND NOW, this day of I?wx ?r'7y upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court R om No 2 of the Cumberland County Courthouse on the day of 2007 at : 4,? A K At this Hearing, the Father shall be the moving p rty and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal Counsel, shall file with the Court and opposing Counsel or the opposing party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORAY custody order shall be entered: a. The mother, Jody Ann Reasner, shall enjoy legal and primary physical custody of Jaydah Reasner born May 25, 2002. b. The father, Carroll Sidney Ewell, Jr., shall enjoy periods of temporary physical custody with the minor child.as follows: i. Every Saturday from 12 Noon until 6:00 p.m. ii. Every Tuesday from 4:30 p.m. until 8:00 p.m. iii. At such other times as agreed upon by the parties c. Unless specifically agreed by the parties, Mother will handle transportation of the minor child for the purposes of visitation and shall deliver the minor child to the residence of Richard White. d. When the Father has custody of the minor child, Father shall ensure that the child is in a safe environment and, specifically, shall make sure the child is always transported in a vehicle with seat belts. Additionally, Father shall not expose the minor to smoking either in his home or in vehicles. e. For the Christmas Holiday, the Mother shall have the child from Christmas Eve at Noon until Christmas Day at Noon and the Father shall have custody from Christmas Day at Noon until December 26`h at Noon unless the parties agree otherwise. For the New Year's Holiday, the Father shall have custody from New Year's Eve at Noon until New Year's Day at Noon and the Mother shall have custody from New Year's Day at Noon until January 2' at Noon unless agreed otherwise by the parties. Cc: 3. n the Custoc ?msel and er atto ey believ another prior to he Hen ' g, that a rney a Con ' tion. .i h3c) x: J ? M//y JODY ANN REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-3024 CIVIL ACTION - LAW CARROLL SIDNEY EWELL, IN CUSTODY Defendant . Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jaydah Reasner, born May 25, 2002 2. A Conciliation Conference was held on December 15, 2006 with the following individuals in attendance: The mother, Jody Ann Reasner, who appeared without counsel, and the father, Carroll Sidney Ewell Jr., who appeared with Jill Hamill of the Dickinson School of Law Family Law Clinic. 3. The parties were before the Conciliator in December 2005 at which time there was an agreement worked out with the Mother having primary custody because the Father was incarcerated at the time. Father was to enjoy visitation upon his release from prison. Father was released from prison in August of 2006, after which the parties had an informal agreement with the Father seeing the minor child every other Saturday and one evening a week on alternating weeks. The parties solidified that informal agreement with a written custody agreement of October 11, 2006. However, that agreement was not reduced to a Court Order. 4. In November, the parties had a disagreement at which time the Mother terminated the Father's visitation with the child. 5. The parties disagree on a number of issues. However, they do agree the Father was visiting with the child from August to November in accordance with the schedule that was set forth in the October 11, 2006 custody agreement. The Mother is not agreeing to anything at this point and wants a hearing before the Court. She suggests the Father has certain issues and it is not good for the child to be in custody of the Father. However, the Mother has not articulated to the Conciliator any specific information that would suggest the Father is in any way a threat to the child, and it appears that the parties had a disagreement and the Mother unilaterally stopped visitation contrary to the written agreement between the parties. 6. A hearing is necessary. However, the Conciliator feels that there should be an Order giving Father specific periods of custody pending a hearing. 7. The Conciliator recommends an Order in the form as attached. /C;-) _Q ///" /V-- (I U_ -1) DATE ubert X. Gilroy, E Custody Conciliator Jody A. REASNER, Plaintiff V. Carroll Sidney EWELL, Jr., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY Defendant : No. 04-3024 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF TEMPORARY CUSTODY ORDER The Defendant Mr. Carroll Sidney Ewell, by his counsel, the Family Law Clinic, brings this Petition for Civil Contempt, and respectfully requests that this Court find Plaintiff, Ms. Jody A. Reasner, in contempt of the January 3, 2007 Temporary Court Order. In support of his Petition, Defendant avers the following: 1. On December 15, 2006, a conciliation conference was held before Custody Conciliator Mr. Hubert X. Gilroy. Both parties attended this conciliation, and Mr. Gilroy determined that the Defendant, Mr. Carroll Sidney Ewell (hereinafter "Father") should enjoy specific periods of custody pending a hearing before this Honorable Court scheduled for February 16, 2007. 2. Mr. Gilroy instructed Plaintiff Reasner (hereinafter "Mother") that the specific periods of custody would be effective immediately, although it may take several days for the order to be signed by Judge Edgar B. Bayley. 3. Mr. Gilroy informed Mother of the specific times of the custodial periods. 4. On January 3, 2007, Judge Edgar Bayley signed a temporary custody order as set forth by Mr. Gilroy at the December 15, 2006 conciliation conference. A copy of this order is attached to this petition as Exhibit "A". 5. Under the January 3, 2007 Order of the Court Father is to exercise periods of partial physical custody as follows: a. Every Saturday from 12 Noon until 6:00 p. m.; b. Every Tuesday from 4 30 p m until 8:00 p. m.; c. At such other times as agreed upon by the parties; d. Unless specifically agreed by the parties Mother will handle transportation of the minor child for the purposes of visitation and shall deliver the minor child to the residence of Richard White; and e. For the Christmas Holiday the Mother shall have the child from Christmas Eve at Noon until Christmas Day at Noon and the Father shall have custody from Christmas Day at Noon until December 26`j' at Noon unless the parties agree otherwise For the New Year s Holiday the Father shall have custody from New Year s Eve at Noon until New Year s Day at Noon and the Mother shall have custody from New Year s Day at Noon until January 2nd at Noon unless agreed otherwise by the parties. 6. Plaintiff mother has willfully failed to abide by the January 3, 2007 Order in that: a. Mother has repeatedly refused to allow father to exercise his periods of partial physical custody by: i. Denying access to the child on Saturday, December 16, 2006; ii. Denying access to the child on Tuesday, December 19, 2006; iii. Denying access to the child on Christmas, December 25, 2006; iv. Denying access to the child on January 9, 2007 b. On January 9, 2007, Mr. Reginald Overton, Mother's paramour told Father not to "bother trying to come get the child because he [Father] would not be getting the child". c. On Thursday January 11, 2007 father's counsel, Family Law Clinic, sent a letter to Mother warning her that continued noncompliance with an Order of the Court is punishable by contempt (23 Pa.C.S.A. §4346). The letter reminded Mother that Father's next scheduled time was Saturday, January 13, 2007. Delivery of the letter was confirmed, with mother receiving the letter on Friday, January 12, 2007. Mother again failed to comply with Order of Court and denied father access on January 13, 2007. d. Father was denied access on Tuesday January 16, 2007. 7. In compliance with C.C.R.P. Rule 208.2(d) counsel of record for Mother, Ms. Jessica Diamondstone (now Jessica Holst), of Mid Penn Legal Services, was contacted for concurrence. Ms. Holst informed Family Law Clinic that she is no longer representing Mother and their file is closed. No other counsel has entered an appearance. WHEREFORE, Petitioner requests that: a. Mother, Ms. Jody Reasner, be held in contempt of the Court's January 3, 2007 Temporary Order of Custody; b. Father be awarded additional custody time for the wrongful deprivation of custodial time; c. Mother be assessed a $500 penalty for contempt of the Courts Custody Order pursuant to 23 Pa.C.S.A. § 4346(a)(2); d. Father be awarded such other relief as the Court deems appropriate; and e. Father respectfully requests that the issues raised in this petition be addressed at the Custody Hearing scheduled for February 16, 2007 at 8:30 a.m. in front of the Honorable Edgar B. Bayley. Date: Respectfully submitted, AOUZ/ Z ,4?"Zvr Warren Certified Legal Intern THON?) . PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. .4 CA Mr. Carro S. Ewe . a DEC 2 8 Z006of JODY A. REASNER, : IN-THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO.04-3024 CIVIL ACTION - LAW CARROLL SIDNEY EWELL, JR IN CUSTODY EXHiSIT Defendant COURT ORDER AND NOW, this _ d day of er, Obi? upon consideration of the attached Custody ConcMation Report, it Is ordered and directed as follows: 1. A hearing is scheduled In Court Room. No 2 of the Cumberland County Courthouse on the Iu day of 2007 at %, 4S AK At this Hearing, the Father shall be the moving p and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal Counsel, shall file with the Court and opposing Counsel or the opposing party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORAY custody order shall be entered: a. The mother, Jody Ann Reasner, shall enjoy legal and primary physical custody of Jaydah Reasner born May 259 2002. b. The father, Carroll Sidney Ewell, Jr., shall enjoy periods of temporary physical custody with the minor child.as follows: i. Every Saturday from 12 Noon until 6:00 p.m. if. Every Tuesday from 4:30 p.m. until 8:00 p.m. iii. At such other times as agreed upon by the parties F c. Unless specifically agreed by the parties, Mother will handle transportation of the minor child for the purposes of visitation and shall deliver the minor child to the residence of Richard White. d. When the Father has custody of the minor child, Father shall ensure that the child is in a safe environment and, specifically, shall make sure the child is always transported in a vehicle with seat belts. Additionally, Father shall not expose the minor to smoking either in his home or in vehicles. e. For the Christmas Holiday, the Mother shag have the child from Christmas Eve at Noon until Christmas Day at Noon and the Father shall have custody from Christmas Day at Noon until December 26& at Noon unless the parties agree otherwise. For the New Year's Holiday, the Father shall have custody from New Year's Eve at Noon until New Year's Day at Noon and the Mother shall have custody from New Year's Day at Noon until January V at Noon unless agreed otherwise by the parties. 3. the t the M er legal C and er atto y believ another C Co would beneFi prior to e H that rney con the Con for to sch e a Co on. Cc: i y Ann Ream ,o o? C"3 Q _ fol) - JAN 88 20D7mV Jody A. Reasner, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN CUSTODY Carroll Sidney Ewell, Jr., Defendant No. 04-3024 CIVIL TERM ORDER AND NOW, this day of , 2007, it is hereby ORDERED that the issues raised in the attached petition shall be addressed at the Custody Hearing scheduled for February 16, 2007 at 8:45 a.m. in Court Room 2. BY THE COUP i Edgar B. Bayley, Judge ??--- 1 }-. cT ?? ?? `? ? ; ?_ .. :; ???? =-== _. c.? ;. ?, _ ?? c"?>?? ? 4..J ` c? '? `? ? Cy ._ r ?... r?-„ f'^.. ?? .„ V C„"? ?x?? ?E??Y ?E: Jody A. REASNER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN CUSTODY Carroll Sidney EWELL, Jr., Defendant : No. 04-3024 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF TEMPORARY CUSTODY ORDER The Defendant Mr. Carroll Sidney Ewell, by his counsel, the Family Law Clinic, brings this Petition for Civil Contempt, and respectfully requests that this Court find Plaintiff, Ms. Jody A. Reasner, in contempt of the January 3, 2007 Temporary Court Order. In support of his Petition, Defendant avers the following: 1. On December 15, 2006, a conciliation conference was held before Custody Conciliator Mr. Hubert X. Gilroy. Both parties attended this conciliation, and Mr. Gilroy determined that the Defendant, Mr. Carroll Sidney Ewell (hereinafter "Father") should enjoy specific periods of custody pending a hearing before this Honorable Court scheduled for February 16, 2007. 2. Mr. Gilroy instructed Plaintiff Reasner (hereinafter "Mother") that the specific periods of custody would be effective immediately, although it may take several days for the order to be signed by Judge Edgar B. Bayley. 3. Mr. Gilroy informed Mother of the specific times of the custodial periods. 4. On January 3, 2007, Judge Edgar Bayley signed a temporary custody order as set forth by Mr. Gilroy at the December 15, 2006 conciliation conference. A copy of this order is attached to this petition as Exhibit "A". 5. Under the January 3, 2007 Order of the Court Father is to exercise periods of partial physical custody as follows: a. Every Saturday from 12 Noon until 6:00 p. m.; b. Every Tuesday from 4 30 p m until 8:00 p. m.; c. At such other times as agreed upon by the parties; d. Unless specifically agreed by the parties Mother will handle transportation of the minor child for the purposes of visitation and shall deliver the minor child to the residence of Richard White; and e. For the Christmas Holiday the Mother shall have the child from Christmas Eve at Noon until Christmas Day at Noon and the Father shall have custody from Christmas Day at Noon until December 26th at Noon unless the parties agree otherwise For the New Year s Holiday the Father shall have custody from New Year s Eve at Noon until New Year s Day at Noon and the Mother shall have custody from New Year s Day at Noon until January 2nd at Noon unless agreed otherwise by the parties. 6. Plaintiff mother has willfully failed to abide by the January 3, 2007 Order in that: a. Mother has repeatedly refused to allow father to exercise his periods of partial physical custody by: i. Denying access to the child on Saturday, December 16, 2006; ii. Denying access to the child on Tuesday, December 19, 2006; iii. Denying access to the child on Christmas, December 25, 2006; iv. Denying access to the child on January 9, 2007 b. On January 9, 2007, Mr. Reginald Overton, Mother's paramour told Father not to "bother trying to come get the child because he [Father] would not be getting the child". c. On Thursday January 11, 2007 father's counsel, Family Law Clinic, sent a letter to Mother warning her that continued noncompliance with an Order of the Court is punishable by contempt (23 Pa.C.S.A. §4346). The letter reminded Mother that Father's next scheduled time was Saturday, January 13, 2007. Delivery of the letter was confirmed, with mother receiving the letter on Friday, January 12, 2007. Mother again failed to comply with Order of Court and denied father access on January 13, 2007. d. Father was denied access on Tuesday January 16, 2007. 7. In compliance with C.C.R.P. Rule 208.2(d) counsel of record for Mother, Ms. Jessica Diamondstone (now Jessica Holst), of Mid Penn Legal Services, was contacted for concurrence. Ms. Holst informed Family Law Clinic that she is no longer representing Mother and their file is closed. No other counsel has entered an appearance. WHEREFORE, Petitioner requests that: a. Mother, Ms. Jody Reasner, be held in contempt of the Court's January 3, 2007 Temporary Order of Custody; b. Father be awarded additional custody time for the wrongful deprivation of custodial time; c. Mother be assessed a $500 penalty for contempt of the Courts Custody Order pursuant to 23 Pa.C.S.A. § 4346(a)(2); d. Father be awarded such other relief as the Court deems appropriate; and e. Father respectfully requests that the issues raised in this petition be addressed at the Custody Hearing scheduled for February 16, 2007 at 8:30 a.m. in front of the Honorable Edgar B. Bayley. Date: Respectfully submitted, Warren Certified Legal Intern THON?J ? PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. LIL A LUI Mr. Carro S. Ewe DEC 2 8 2006xp i JODY A. REASNER, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.04-3024 CIVIL ACTION - LAW CARROLL SIDNEY EWELL, JR IN CUSTODY Defendant . COURT ORDER this Hearing, the Father shalt be the moving pAkV and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal Counsel, shall file with the Court and opposing Counsel or the opposing party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be Sled at least five days prior to the mentioned hearing date. shall be entered: a. The mother, Jody Ann Reamer, shall enjoy legal and perry physical custody of Jaydah Reasner born May 25, 2002. b. The father, Carroll Sidney Ewell, Jr., shall enjoy periods of temporary physical custody with the minor child.as follows: i. Every Saturday from 12 Noon until 6:00 p.m. ft. Every Tuesday from 4:30 p.m. until 8:00 p.m. AND NOW, this day of er, I upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled In Court Room No 2 of the Cumberland County Courthouse EXHIBIT ?` day of 2007 at ?: 4S Q K At on the I U2. Pending further Order of this Court, the following TEMPORAY custody order A iii. At such other threes as agreed upon by the parties c. Unless specifically agreed by the parties, Mother will handle transportation of the minor child for the purposes of visitation and shall deliver the minor child to the residence of Richard White. d. When the Father has custody of the minor child, Father shall ensure that the child is in a safe environment and, specifically, shall make sure the child is always transported in a vehicle with seat belts. Additionally, Father shall not expose the minor to smoking either in his home or in vehicles. e. For the Christmas Holiday, the Mother shall have the child from Christmas Eve at Noon until Christmas Day at Noon and the Father shall have custody from Christmas Day at Noon until December 200 at Noon unless the parties agree otherwise. For the New Year's Holiday, the Father shall have custody from New Year's Eve at Noon until New Year's Day at Noon and the Mother shall have custody from New Year's Day at Noon until January 2" at Noon unless agreed otherwise by the parties. 3. the t the M er legal and r atto believ another Co would benefl . prior to a l3 , that rney con the Con r to sch e a Co tion. Cc: 4=R7 s=- ? ? C5 , ?s JAN 8 E 2007 #I Jody A. REASNER, Plaintiff V. Carroll Sidney EWELL, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 04-3024 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Carroll Sidney EWELL, Jr., Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date: Respect submiyed, Certified Legal Intern fiu 41-A i'l ROBERTk. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 C? s-? o ?. ?-~. ? c.._ -r? ?:s ri r? ` ` ?° ?' _rr ?? _ ?: _.. -t-. - _.'i ? ? ? Ms. Jody A. Reasner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Mr. Carroll Sidney Ewell, Jr. , Defendant : NO. 04 - 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Civil Contempt for Disobedience of Temporary Custody Order, to Ms. Jessica Holst, counsel of record, at 401 East Louther Street, Suite 103, Carlisle, PA 17013, by depositing a copy of the same in the United States mail on Tuesday, January 23, 2007. Vifren Eth Certified Legal Intern -- ----------------- ROBE . RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 t"'s ? Q t=. `? -n K 1 ?i?. ? ? "Tl t' ±'1 !"' t;11 ?-' 1?7 a} ?? _ ?? ? ??? - ?r+; ._s JODY A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :CUSTODY CARROLL SIDNEY EWELL, JR., Defendant : No. 04 - 3024 CIVIL TERM PRAEME TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Jody A. Reasner, in the above- captioned matter. Date: Mark F. Bayley, Esquire Bayley & Mangan 57 W. Pomfret St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Defendant C _.r J JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :CUSTODY : No. 04 - 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic 45 North Pitt St. Carlisle, PA 17013 Date, Z-Z-d-7 vl-? - Mark F. Bayley, Esquire Attorney for Plaintiff 4 { "?' ci? JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL : IN CUSTODY IN RE: PETITION FOR CONTEMPT AND CUSTODY HEARING ORDER OF COURT AND NOW, this 81h day of February, 2007, a hearing in the above referenced matter shall be held on Monday, April 2, 2007 at 9:30 a.m, in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The previous order of court dated January 3, 2007 shall remain in full force and effect until this hearing. By the Court, M. L. Ebert, Jr. Mark F. Bayley, Esquire Attorney for Plaintiff Lucy Johnston-Walsh, Esquire Attorney for Defendant bas ,? ::ki "`I C'--9.JA 1.CuZ, i ° ?= 7! ? Jody A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Carroll Sidney EWELL, Jr., : Defendant : NO. 04-3024 CIVIL TERM CUSTODY AGREEMENT AND NOW, this of March, 2007, it is ordered and directed as follows: 1. The mother, Jody Ann Reasner, and the father, Carroll Sidney Ewell, shall enjoy shared legal custody of the child, Jaydah Reasner, born May 25, 2002. 2. Mother shall have primary physical custody of the child. 3. This agreement shall be in full force and effect upon signing. Parties shall reconvene on or about May 21, 2007 to revisit the terms herein and modify, as needed, for a summer schedule. The parties will discuss a non-consecutive week long period of visitation for the Father, weekend summer overnight provisions and any other matter as needed. 4. Father shall enjoy periods of partial physical custody with the child in accordance with the following schedule : a. Every Tuesday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m., until 8:00 p.m. whereupon Mother shall pick child up at Father's home; b. Every Thursday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m., until 8:00 p.m. whereupon Mother shall pick child up at Father's home. c. If on one occasion Father shall fail to pick up child at daycare by 4:30 p.m. the provisions in part (a) and (b) shall automatically change to the following, "with mother picking up child at daycare/school and dropping off child at Father's home no later than 4:45 p.m." d. Alternating weekends, beginning on March 30, 2007, Friday at 4:30 p.m., with Mother dropping off child at Father's home; and then picking up child at Father's home at 1 p.m. Sunday; 5. The parties shall alternate custody of the child on the following holidays: Easter, Memorial Day, Labor Day and Thanksgiving. Father shall have custody of the child on Easter and Labor Day in 2007, mother shall have Memorial Day and Thanksgiving in 2007, the parties then alternate holidays in following years. The holiday periods shall begin at 4 p.m. on the eve of the holiday and conclude at 8 a.m. on the day after the holiday. 6. The Christmas holiday shall be divided into two Blocks, Block A being from December 24th at noon until December 25th at noon; Block B being from December 25th at 12:01 p.m. until December 26th at noon. The parties shall alternate Blocks, with father having Block A in 2007 and mother having Block B in 2008. 7. The New Year's holiday shall be divided into two Blocks, Block A being from December 31 St at noon until January 1St at noon, Block B being from January 0 a 12:01 p.m. until January 2nd at noon. The parties shall alternate Blocks with Mother having Block A, which begins in December of 2007 and Father having Block B, which begins in January 2008, and father having Block A beginning in December of 2008. 8. Mother shall have custody of the child on Mother's Day; Father shall have custody of the child on Father's Day and the 4th of July holiday. 9. The holiday schedule shall supersede the regular custody schedule. 10. The custody schedule may be modified with prior mutual consent of both parties. 11. The child's birthday shall be divided into two Blocks, Block A being from May 24th at 4:00 p.m. until May 25th at 4:00 p.m. and Block B beginning at 4:01 p.m. May 25th until the morning of the 26th. For the year of 2007, Father shall have Block A, Mother shall have Block B, or as the parties may agree. 12. Both Parents shall notify the other as soon as possible of medical emergencies that arise while the child is in the other parent's care. 13. When the child is transported in a motor vehicle, she is to be securely fastened in a child safety seat. Only drivers possessing a valid license may transport the child by vehicle. 14. The parties may not engage in substance abuse of any kind in the presence of the child. The parties shall not allow smoking indoors or in vehicles when child is present. 15. Each parent shall provide the other with a current address and telephone number. 16. The parties will ensure that the child is not exposed to entertainment materials unsuitable for her age, e.g. music containing profanity. 17. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. Both parties shall discourage third parties from making negative remarks about either parent when the child is present. o Ann Reasner Plaintiff Z `--- ark Bayley, Esq. Counsel for Mother NA A9 Carroll Si ney iv ell THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone 717-243-2968 Fax 717-243-3639 ? ROBE E. INS C? t . ..._ "' ` :7 C: ? _.2 ? ? ? r:' ' C:3. - ? ? -' ?"Ir-) : ? ? f , ? { ? ? ?? ? f ? + .G. ?? '-^I t Jody A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN CUSTODY Carroll Sidney EWELL, Jr., Defendant : NO. 04-3024 CIVIL TERM MOTION FOR GENERAL CONTINUANCE Defendant, Mr. Carroll Sidney Ewell, Jr., by and through his attorneys, the Family Law Clinic, represent the following: 1. On January 3, 2007, Judge Edgar Bayley signed a temporary custody order. That order set a custody hearing for February 16, 2007 at 8:45. 2. On January 19, 2007 Defendant filed a Petition for Civil Contempt for Disobedience of a Temporary Custody Order. That petition requested that the petition for civil contempt be considered at the custody hearing scheduled for February 16, 2007. 3. The Order of Court, dated January 23, 2007, ordered that the civil contempt petition would be heard at the custody hearing set for February 16, 2007, before Judge Bayley. 4. On February 6, 2007, Mark F. Bayley entered an appearance on behalf of the Plaintiff, Jody Reasner. This created a conflict with the assigned Judge, the father of Mark Bayley, Esq. 5. On February 8, 2007 an Order of the Court was issued by Judge M.L. Ebert Jr. reassigning the hearing to his docket and scheduling it for Monday, April 2, 2007 at 9:30 a.m. 6. The parties have been engaging in good faith negotiations to attempt to resolve the matter amicably. 7. The Parties met on Tuesday, March 20, 2007, and have come to a tentative agreement. 8. Due to the long history between the parties and prior issues with non- compliance by the Plaintiff, parties have agreed that it would be prudent to request a general continuance of the custody and contempt hearing; should the negotiated agreement fail. 9. Pursuant to Rule 208.2(d) the continuance has been discussed with opposing counsel and he concurs with the filing of this request for a general continuance. WHEREFORE Defendant requests a general continuance of the April 2, 2007 custody and contempt hearing for the aforementioned reasons. The negotiated custody agreement shall be submitted to the court for entrance as an interim order. Respectfully Submitted, Date: Tuesday, March 20, 2007 Z91 ed y .? Legal Intern THO M ' LACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 r-? ? ? ? ? ? ? _ ? - -f ??i?' ' ? } Y `? t`.7 =, i. ?': = ti``? ?s G?) ,,, _°, . ?' C.":: JODY A. REASNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-3024 CIVIL CARROLL SIDNEY EWELL, JR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 27th day of March, 2007, upon consideration of the attached Motion for General Continuance, the Motion is GRANTED and the hearing set for April 2, 2007 is continued generally, and can be rescheduled at the request of either party. By the Court, M. L. Ebert, Jr., J. r r1o W 6 0 :11 WV L Z 8VW LODZ ` c? A v lGttiv ?i 211 ?o VAR SS2W0 v Jody A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Carroll Sidney EWELL, Jr., Defendant : NO. 04-3024 CIVIL TERM ORDER AND NOW this ZZi\,\ day of M oor `\ 2007, upon consideration of the attached child custody agreement, entered into by the parties on March 21, 2007 shall be made an Order of the Court, and all prior custody orders are vacated. BY THE COURT \,V, ? I - Date: Judge M. L. Ebert, Jr. x 0 v s, u_N` r 60-110 LG RW LOOZ A 1 1(` r Ei0 w.d 31HI 20 D3H---!Gk-031H Jody A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Carroll Sidney EWELL, Jr., Defendant : NO. 04-3024 CIVIL TERM CUSTODY AGREEMENT AND NOW, this of June, 2007, it is ordered and directed as follows: 1. The mother, Jody Ann Reasner, and the father, Carroll Sidney Ewell, shall enjoy shared legal custody of the child, Jaydah Reasner, born May 25, 2002. 2. Mother shall have primary physical custody of the child. 3. This agreement shall be in full force and effect upon signing by the Parties. 4. Father shall enjoy periods of partial physical custody with the child in accordance with the following Summer schedule, which shall begin at the close of school according to the Carlisle Area School District's schedule: a. Every Tuesday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m., with Father dropping child off at daycare/school Wednesday morning; b. Every other Thursday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m. and dropping child off at daycare/school Friday morning. c. Alternating weekends (on weeks when Father does not have a Thursday custodial period) with Father picking up child at daycare on Friday at 4:30 p.m., and Mother picking up child at Father's home Sunday evening at 8 p.m. 5. During the school year, Father shall enjoy periods of partial physical custody with the child in accordance with the following schedule: a. Every Tuesday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m., until 8:00 p.m. whereupon Mother shall pick child up at Father's home; b. Every Thursday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m., until 8:00 p.m. whereupon Mother shall pick child up at Father's home. c. Alternating weekends, beginning Friday at 4:30 p.m., with Mother dropping off child at Father's home; and Mother picking up child at Father's home Sunday evening at 8 p.m. 6. The parties shall alternate custody of the child on the following holidays: Easter, Memorial Day, Labor Day and Thanksgiving. Father shall have custody of the child on Easter and Labor Day in 2007, mother shall have Memorial Day and Thanksgiving in 2007, the parties then alternate holidays in following years. The holiday periods shall begin at 4 p.m. on the eve of the holiday and conclude at 8 a.m. on the day after the holiday. 7. The Christmas holiday shall be divided into two Blocks, Block A being from December 24th at noon until December 25th at noon; Block B being from December 25th at 12:01 p.m. until December 26th at noon. The parties shall alternate Blocks, with father having Block A odd number years and mother having Block B in even number years. 8. The New Year's holiday shall be divided into two Blocks, Block A being from December 31" at noon until January 1" at noon, Block B being from January 1 st a 12:01 p.m. until January 2" d at noon. The parties shall alternate Blocks with Mother having Block A, which begins in December of 2007 and Father having Block B, which begins in January 2008, and father having Block A beginning in December of 2008, with alternating schedule continuing in future years. 9. Mother shall have custody of the child on Mother's Day, beginning the morning of Mother's Day at 9 am until 9 am the following morning; Father shall have custody of the child on Father's Day, beginning the morning of Father's Day at 9 am until 9 am the following morning; and the 4th of July holiday, for Father's annual family reunion. 10. Father shall have two nonconsecutive weeks of uninterrupted custody per year during the summer school holiday. For the summer of 2007, Father shall have custody from July 2, 2007 to July 8, 2007, and for another week to be determined in August. Father shall provide Mother two weeks notice of his scheduled week of custody. 11. The holiday schedule shall supersede the regular custody schedule. 12. The custody schedule may be modified with prior mutual consent of both parties. 13. The child's birthday shall be divided into two Blocks, Block A being from May 24th at 4:00 p.m. until May 25th at 4:00 p.m. and Block B beginning at 4:01 p.m. May 25th until the morning of the 26th. For the year of 2007, Father shall have Block A, Mother shall have Block B, or as the parties may agree. Mother shall have Block A in even number years and Father shall have Block A in odd number years. 14. Both Parents shall notify the other as soon as possible of medical emergencies that arise while the child is in the other parent's care. 15. When the child is transported in a motor vehicle, she is to be securely fastened in a child safety seat. Only drivers possessing a valid license may transport the child by vehicle. 16. The parties may not engage in substance abuse of any kind in the presence of the child. The parties shall not allow smoking indoors or in vehicles when child is present. 17. Each parent shall provide the other'with a current address and telephone number. 18. The parties will ensure that the child is not exposed to entertainment materials unsuitable for her age, e.g. music containing profanity. 19. Father shall relinquish custody of child after his periods only to Mother; a third party may pick up the child only upon prior approval of Father. 20. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. Both parties shall discourage third parties from making negative remarks about either parent when the child is present. A dyWA Reasner Plaintiff LAA- F<??? - Mark Bayley sq. Counsel for Mother c. U6, ?j -Y" Carroll Sidney Ewell Defendant n Eth?// Certified Legal Intern ` ,r7 ROB RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Phone 717-243-2968 Fax 717-243-3639 . JUN 0 8 2001 /Y"? Jody A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Carroll Sidney EWELL, Jr., Defendant : NO. 04-3024 CIVIL TERM ORDER OF COURT AND NOW this 11th' day of June, 2007, the attached child custody agreement, entered into by the parties on June 7, 2007 shall be made an Order of the Court, and all prior custody orders are vacated. BY THE COURT ?k 't ?AA Date: Judge M. L. Ebert, Jr. i W..Iy f? l '?tl?! iLI Y 1 'i :GI A I I I'Mir LOOT Jody A. REASNER, Plaintiff V. Carroll Sidney EWELL, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY No. 04-3024 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER The Defendant Mr. Carroll Sidney Ewell (hereinafter "Father'), by his counsel, the Family Law Clinic, brings this Petition for Civil Contempt, and respectfully requests that this Court find Plaintiff, Ms. Jody A. Reasner (hereinafter "Mother"), in contempt of the June 11, 2007 Order of Court. In support of his Petition, Defendant avers the following: 1. On December 15, 2006, a conciliation conference was held before Custody Conciliator Mr. Hubert X. Gilroy. Both parties attended this conciliation, and Mr. Gilroy determined that the Defendant, Mr. Carroll Sidney Ewell (hereinafter "Father") should enjoy specific periods of custody pending a hearing before this Honorable Court scheduled for February 16, 2007. 2. On January 3, 2007, Judge Edgar Bayley signed a temporary custody order as set forth by Mr. Gilroy at the December 15, 2006 conciliation conference. A copy of this order is attached to this petition as Exhibit "A". 3. Mother willfully failed to comply with the terms of the January 3, 2007 Order of Court. 4. Father, through his counsel, the Family Law Clinic, filed a Petition for Civil Contempt for Disobedience of Temporary Custody Order on January 19, 2007. A copy of this petition is attached hereto as Defendant's Exhibit B and the averments contained therein are reasserted and are incorporated herein, in full, by reference. 5. The Honorable Judge Bayley in an Order of Court dated January 23, 2007 joined the issues raised in the Petition for Civil Contempt to be addressed in the Custody Hearing scheduled for February 16, 2007. 6. On February 6, 2007, the Plaintiff, Ms. Reasner, retained Mark Bayley, Esq. as her counsel. The Honorable Judge Edgar B. Bayley recused himself and the case was transferred to the Honorable Judge M. L. Ebert. Jr. 7. In an Order of Court dated February 8, 2007 Judge Ebert rescheduled the Custody and Contempt Hearing to April 2, 2007. 8. The Family Law Clinic, on behalf of Father, began negotiation with Plaintiff's attorney Mark Bayley, Esq. with the goal of reaching a custody agreement. 9. On March 22, 2007 a custody agreement was signed by the parties and filed with the Court. 10. As part of the agreement Father retained the right to renew the previously filed Contempt Petition and the scheduled Custody Hearing and filed for a general continuance contemporaneously with the Custody Agreement. 11. On March 27, 2007 the Honorable Judge Ebert signed the Custody Agreement establishing a new Order of Court. 12. On March 27, 2007 in a second Order of Court, the Honorable Judge Ebert continued the Custody Hearing and the Petition for Contempt generally and further ordered that the hearing that had been set could be rescheduled at the request of either party. 13. In June of 2007 the parties agreed upon a new Custody Agreement. 14. This agreement was filed with the court on June 7, 2007 and made an Order of Court on June 11, 2007. 15. Mother has willfully violated the June 11, 2007 Order of Court on numerous occasions, and has refused to relinquish custody of the child to Father despite Father's repeated requests. 16. The first paragraph of the Custody Agreement sets forth that Mother and Father have shared legal custody of the child. 17. P.A.R.C.P. Rule 1915.1(b) clearly sets forth the parameters of shared legal custody, to wit "the legal right to make major decisions affecting the best interests of the child, including... educational decisions". 18. On or about July 12, 2007, without consultation with Father, Mother unilaterally withdrew minor child from her child care program and unilaterally decided it would be in the child's best interest to be at home over the summer. 19. Mother did not discuss the child's withdrawal from child care with Father. 20. Father learned of child's withdrawal only after showing up at his designated time at the child care facility to pick up his daughter only to be told the child has been withdrawn from the program. 21. Mother refused to provide any details of the new child care arrangement to Father. 22. On August 14, 2007 Mother refused to relinquish custody of the Child to Father. 23. On August 15, 2007, counsel for Father sent a fax to Mother's counsel, Mark Bayley, Esq. (Exhibit C) putting counsel and Mother on notice and advising: "Please contact your client and inform her that she MUST follow the custody order as written and that she should assume that Mr. Ewell will exercise his period of custody on Friday, August 17, 2007, as per the order. We assume that Ms. Reasner will provide compensatory time for the visit she denied on Aug. 14th." 24. Ms. Reasner refused to relinquish custody of the child to Father on August 17, 2007. 25. Mother refused to relinquish custody of the child on: a. August 18, 2007 b. August 19, 2007 c. August 21, 2007 d. August 23, 2007 26. On August 27, 2007 the Carlisle Area School District resumed classes. Per the Order of Court, paragraph 5, the "School Schedule" begins. 27. Father's next period of custody is Tuesday, August 28, 2007 at 4 p.m. whereupon he is to pick up child at school and have custody until 8 p.m. whereupon mother shall pick up child at Father's home. 28. Father went to the Bellaire Elementary School and showed the appropriate personnel the Order of Court and Custody Agreement and plans to pick daughter up from school per the Order. 29. Throughout this period of non-compliance Mother's paramour has interfered with the custodial agreement and harassed Father regarding his ability to have custody of his child. 30. Pursuant C.C.R.P. Rule 208.2(d) counsel of record for Mother, Mark Bayley, Esq. was contacted for his concurrence but did not respond. 31. The Honorable Judge M. L. Ebert, Jr. has been assigned this case. WHEREFORE, petitioner requests: a. A hearing be scheduled to address the issues raised in this petition; b. That Mother, Jody Reasner be found in contempt for the willful violation of the Order of Court issued on June 11, 2007; c. Mother be Ordered and Directed to follow the Custody Order in full pending a future Order of Court; d. Father be awarded compensatory custodial time for the time wrongfully deprived from him by Mother; e. Mother be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa.C.S.A. § 4346(a)(2); f. Father be awarded any other relief that this Honorable Court deems is equitable and just; g. Mother shall be ordered to not allow anyone to interfere with the custodial arrangement. Date: y/? O LACE ROBER . INS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Respectfully submitted, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Mr.C IIS.E DEC z a zoos JODY A.. REASNER, . Plaintiff VS. CARROLL SIDNEY EWELL, JR Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.04-3024 IN CUSTODY CIVIL ACTION - LAW EXHIBIT J3 C0 ORDER AND NOW, this y o Y` upoa cQnsiderattion of the attached Custody Conciliation Report, it is orde and directed as €0ows: 1. A hearing is scheduled 'in Court Roo No 2 of the Cumberland Conn Courthouse on'the -„„day of 2007 at At this Hearing, the Father shall be the moving p and shall proceed initially with testimony. Counsel for the parties, or the parti themselves If they do not have legal Counsel, shall file with the Court and opposing Counsel or the opposing party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be Med at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORAY custody order shall be entered: a. The mother, Jody Ann Reasner, shall enjoy legal and primary physical custody of Jaydah Reasner born May 25, 2002. h. The father, Carroll Sidney Ewell, Jr., shall enjoy periods of tempura" physical custody with the minor child.as follows: i. Every Saturday from 12 Noon until 6:00 p.m. ff. Every Tuesday from 4:30 p.m. until 5:00 p.m. iii. At such other times as agreed upon by the parties c. Unless specifically agreed by the parties, Mother will handle transportation of ..the minor child for the purposes of visitation and shall deliver the minor child to the residence of Richard White. d. When the Father has custody of the minor child, Father shall ensure that the' child is in a safe environment and, specifically, shall make sure the child is always transported in a vehicle with seat belts. Additionally, Father shall not expose the minor to smoking either in his home or in vehicles. e:. For the ChHstmas.Holiclay, the Mother shall have the child from. Christmas Eve at Noon until Christmas Day at Noon and the Father shall have custody from Christmas Day at Noon until December 26* at Noon unless the parties agree otherwise. For the New Year's Holiday, the Father, shall have custody from New Year's Eve at Noon until New Year's Day at Noon and the Mother shall have custody from New Year's Day at Noon until January Tw at Noon unless agreed otherwise by the parties. 3. ]In the t the other r legal Co and atto y Co on wo be ben prior to H , attorne y &B-B r atad th oa 11pr y to edule a Con n. 9? Cc: Jody Ann Reasner IM Hamill TRUE -CCPY in irriom, w'l . and thl seai rl.` RKORD yh&W 4 ? Ar7 BY THE COURT, Jody A. REASNER, Plaintiff V. Carmll Sidney EWELL Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO PENNSYLVANIA i CIVIL ACTION -LAW IN CUSTODY Defendant : No. 043024 CIVIL TERM C-J c rr: r rnm ' PETITION FOR CIVIL CONTEMPT FOR - DISOBEDIENCE OF TEMPORARY CUSTODY ORDER w o ? The Defendant Mr. Carroll Sidney Ewell, by his counsel, the Family Law Clinic, brings this Petition for Civil Contempt, and respectfully requests that this Court find Plaintiff, Ms. Jody A. Reasner, in contempt of the January 3, 2007 Temporary Court Order. In support of his Petition, Defendant avers the following: 1. On December 15, 2006, a conciliation conference was held before Custody Conciliator Mr. Hubert X. Gilroy. Both parties attended this conciliation, and Mr. Gilroy determined that the Defendant, Mr. Carroll Sidney Ewell (hereinafter "Father") should enjoy specific periods of custody pending a.hearing before this Honorable Court scheduled for February 16, 2007. 2. Mr. Gilroy instructed Plaintiff Reasner (hereinafter "Mother') that the specific periods of custody would be effective immediately, although it may take several days for the order to be signed by Judge Edgar B. Bayley. 3. Mr. Gilroy informed Mother of the specific times of the custodial periods. 4. On January 3, 2007, Judge Edgar Bayley signed a temporary custody order as set forth by Mr. Gilroy at the December 15, 2006 conciliation conference. A copy of this order is attached to this petition as Exhibit "A". 5. Under the January 3, 2007 Order of the Court Father is to exercise periods of partial physical custody as follows: a. Every Saturday from 12 Noon until 6:00 p. m.; b. Every Tuesday from 4 30 p m until 8:00 p. m.; c. At such other times as agreed upon by the parties; d. Unless specifically agreed by the parties Mother will handle transportation of the minor child for the purposes of visitation and shall deliver the minor child to the residence of Richard White; and e. For the Christmas Holiday the Mother shall have the child from Christmas Eve at Noon until Christmas Day at Noon and the Father shall have custody from Christmas Day at Noon until December 26m at Noon unless the parties agree otherwise For the New Year s Holiday the Father shall have custody from New Year s Eve at Noon until New Year s Day at Noon and the Mother shall have custody from New Year s Day at Noon until January 2nd at Noon unless agreed otherwise by the parties. 6. Plaintiff mother has willfully failed to abide by the January 3, 2007 Order in that: a. Mother has repeatedly refused to allow father to exercise his periods of partial physical custody by: i. Denying access to the child on Saturday, December 16, 2006; ii. Denying access to the child on Tuesday, December 19, 2006; iii. Denying access to the child on Christmas, December 25, 2006; r iv. Denying access to the child on January 9, 2007 b. On January 9, 2007, Mr. Reginald Overton, Mother's paramour told Father not to "bother trying to come get'the child because he [Father] would not be getting the child". c. On Thursday January 11, 2007 father's counsel, Family Law Clinic, sent a letter to Mother warning her that continued noncompliance with an Order of the Court is punishable by contempt (23 Pa.C.S.A. §4346). The letter reminded Mother that Father's next scheduled time was Saturday, January 13, 2007. Delivery of the letter was confirmed, with mother receiving the letter on Friday, January 12, 2007. Mother again failed to comply with Order of Court and denied father access on January 13, 2007. d. Father was denied access on Tuesday January 16, 2007. 7. In compliance with C.C.R.P. Rule 208.2(d) counsel of record for Mother, Ms. Jessica Diamondstone (now Jessica Holst), of Mid Penn Legal Services, was contacted for concurrence. Ms. Holst informed Family Law Clinic that she is no longer representing Mother and their file is closed. No other counsel has entered an appearance. WHEREFORE, Petitioner requests that: a. -Mother, Ms. Jody Reasner, be held in contempt of the Court's January 3, 2007 Temporary Order of Custody; b. Father be awarded additional custody time for the wrongful deprivation of custodial time; c. Mother be assessed a.$500 penalty for contempt of the Courts Custody Order pursuant to 23 Pa.C.S.A. § 4346(aX2); d. Father be awarded such other relief as the Court deems appropriate; and e. Father respectfully requests that the issues raised in this petition be addressed at the Custody Hearing scheduled for February 16, 2007 at 8:30 a.m. in front of the Honorable Edgar B. Bayley. Date: Respectfully submitted, Wane Certified Legal Intern I&L LA_ THO .PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC `45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Mr. Carroll S. Ewe PENNSTATE • PRIM. The Dickinson ® School of Law Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University August 15, 2007 Mark Bayley, Esq. Bayley & Mangan 57 W. Pomfret Street Carlisle, PA 17013 -VIA FACSIMILE RE: Reasner v. Ewell Dear Mr. Bayley: EXHIBIT - r - The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Office: 717-243-2968 or 717-243-8034 Fax: 717-243-3639 ?A This letter is in regard to the recent actions of your client in the above-referenced custody action. My client has informed me that yesterday Ms. Reasner denied Mr. Ewell access to his child during his period of custody. On Tuesday,.. August 14, . 2007, Mr. -Reginald Oberton, Ms. Reasner's paramour, contacted Mr. Ewell and informed him he would not-be getting custody of Jaydah: Furthermore, Mr, Oberton stated to Mr. Ewell that. our office should have received a letter from you indicating that Ms. Reasner will be exercising her two week period of uninterrupted custody. The Family Law Clinic has received no such communication from you, and furthermore, there is no provision in the custody order providing for any period of unintenupted custodial periods for Ms. Reasner. Ms. Reasner's continued contempt of the current court order is unacceptable. I remind you and your client that Mr. Ewell has retained the right to file for contempt for similar actions by Ms. Reasner in "the past. We request that Ms. Reasner not allow Mr. Oberton to contact Mr. Ewell about custodial periods. If she does not want to talk to Mr. Ewell she can transmit messages by text message. Please contact me at the Clinic so we can discuss this matter. Please contact your client and inform her that she MUST follow the custody order as. written and that she should assume that Mr. Ewell will exercise his period of custody on Friday, August.17, 2007, as per the order. We assume that Ms. Reasner will provide compensatory time for the visit she denied on Aug. 14th. 'ncerely, Warren Eth Certified Legal Intem cc: Sidney Ewell The Dickinson School of Law of The Pennsylvania State University An Equal Opportunity University CJ ?' CAJW 0 Jody A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - LAW IN CUSTODY Carroll Sidney EWELL, Jr., Defendant : NO. 04-3024 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Carroll Sidney EWELL, Jr., Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date: ROBE 7,RAINS THO . PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 o {z"t r , ? i'il ? lti, ? G1 r,! C t j =i y y F e Jody A. Reasner, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Carroll Sidney Ewell, Jr., Defendant NO. 04- 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Civil Contempt For Disobedience of a Custody Order, on Counsel for Plaintiff, Mark Bayley Esq., whose office is at 17 West South Street, Carlisle, PA 17013, by depositing a copy of the same in the United States mail, postage prepaid, on August 30, 2007. bWe ed ed4geggal Intern w 4LUC STON-WALSH ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 91- r JODY A. REASNER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3024 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 6?h day of September, 2007, upon consideration of the Petition CARROLL SIDNEY EWELL, JR., : DEFENDANT : CUSTODY for Civil Contempt for Disobedience of a Custody Order filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before September 26, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A status conference with counsel for the parties shall be held on Thursday, October 11, 2007, at 3:30 p.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Mark Bayley, Esquire /arren ounsel for Plaintiff Eth, Certified Legal Intern _t Lucy Johnston-Walsh, Esquire V Counsel for Defendant bas 1100'. -A M. L. Ebert, Jr., J. UNI MARK F. BAYLEY, ESQUIRE BAYLEY do MANGAN 17 WEST SOUTH STREET CARLISLE PA 17013 (717)241.2446 ATTORNEY ID NO. $7663 ATTORNEY FOR FLADn3" JODY A. REASNER, Plaintiff V. CARROI.L SIDNEY EWELL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :CUSTODY : No. 04 - 3024 CIVIL TERM AND NOW comes Plaintiff, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within motion avers as follows: 1. The Honorable M. L. Ebert, Jr. is the assigned judge to the within matter. 2. Defendant filed his Petition for Civil Contempt for Disobedience of a Custody Order on August 30, 2007. 3. In paragraph 12 of said petition, Plaintiff avers as follows: On March 27, 2007 in a second Order of Court, the Honorable Judge Ebert continued the custody hearing and the Petition for Contempt generally and further ordered that the hearing that had been set could be rescheduled at the request of either party. (March 27, 2007 Order' is attached as Exhibit "A"). 4. Paragraphs 13 and 14 of the petition mention the fact that the parties reached an agreement on June 7, 2007 which was entered as an Order of Court June 11, 2007 (attached at Exhibit "B"); however, Defendant overlooked the portion of the June 11, 2007 Order which vacates all prior custody orders. 5. The June 11, 2007 Order would have vacated the March 27, 2007 Order along with its general continuance; furthermore, the current contempt petition is fresh and does not relate to the prior contempt petition which the March 11, 2007 general continuance contemplated. 6. Defendant is now attempting to utilize the vacated Order to circumvent Local Rule 1915.12-1, which states as follows: All petitions for contempt and/or modification shall be filed in the same manner as original complaints in Rule 1915.3(1) and the Court Administrator shall refer same to the conciliator for review. 7. Plaintiff is in position to file a counterclaim for contempt against Defendant which would virtually mirror Defendant's petition; based, on this fact and others involved undersigned counsel believes that a conciliation conference has the potential for success at this time. 8. By Order dated September 6, 2007 (attached as Exhibit "C"), the Court directed Plaintiff to answer Defendant's current contempt petition on or before September 26, 2007 and ordered counsel to appear for a status conference on October 11, 2007. 9. Undersigned counsel believes that said Order should be vacated and Defendant should be ordered to proceed pursuant to proper local procedure. WHEREFORE, Plaintiff respectfully requests the Court to vacate its Order of September 6, 2007 and to direct Defendant to proceed with its Contempt Petition pursuant to Local Rule 1915.12-1. ? r Date: jkt Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff Respectfully sub , Mark F. Bayley, Esq JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :CUSTODY No. 04 - 3024 CIVIL TERM ATTORNEY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Jody A. Reasner, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or `information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S, §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esquire Attorney for Plaintiff V C JODY A. REASNER, Plaintiff V. CARROLL SIDNEY SWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL MAR 2 8 2007 IN CUSTODY ORDER OF COURT AND NOW, this 27' day of March, 2007, upon consideration of the attached Motion for General Continuance, the Motion is GRANTED and the hearing set for April 2, 2007 is continued generally, and can be rescheduled at the request of either party. By the Court, M. L. Ebert, Jr., J. Tool mmy wher+Ilot, I w(t) Ii Id my i" d #0 01 UW CWI1 St QMWs PC JUN 0 8 2007 Jody A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN CUSTODY Carroll Sidney EWELL, Jr., Defendant : NO. 04-3024 CIVIL TERM ORDER OF COURT AND NOW this <day of June, 2007, the attached child custody agreement, entered into by the parties on June 7, 2007 shall be made an Order of the Court, and all prior custody orders are vacated. BY THE COURT 15j4-'4- ah t'- - Judge M. . E M- Jr. and SEP 1 0 2007 JODY A. REASNER, PLAINTIFF V. CARROLL SIDNEY EWELL, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this a day of September, 2007, upon consideration of the Petition for Civil Contempt for; Disobedience of a Custody Order filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before September 26, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A status conference with counsel for the parties shall be held on Thursday, October 11, 2007, at 3:30 p.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Mark Bayley, Esquire Counsel for Plaintiff By the Court, M. L. Ebert, Jr., J. Warren Eth, Certified Legal Intern Lucy Johnston-Walsh., Esquire Counsel for Defendant bas ? ? ll l \ X JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :CUSTODY : No. 04 - 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic Attn: Lucy Johnston-Walsh 45 North Pitt St. Carlisle, PA 17013 t)U Mark F. Bayley, wire Attorney for Plaintiff V-2 MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 17 WEST SOUTH STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 97663 ATTORNEY FOR PLAIlVTIFF JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY : No. 04 - 3024 CIVIL TERM 1. Defendant's counsel has indicated that Defendant is opposed to Plaintiffs motion filed on September 11, 2007. Respectfully submitted, Date: Mark F. Bayley, Esq Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff y? JODY A. REASNER, Plaintiff . V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :CUSTODY : No. 04 - 3024 CIVIL TERM ATTORNEY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Jody A. Reasner, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or informationand belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unworn falsification to authorities. Date: Mark F. Bayley, uire Attorney for Pl ' tiff JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY : No. 04 - 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic Attn: Lucy Johnston-Walsh 45 North Pitt St. Carlisle, PA 17013 Mark F. Bayley, Esq ' e Attorney for Plaintiff r??+i?";?v ta U t? ll t o Jody A. REASNER, Plaintiff V. Carroll Sidney EWELL, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY : No. 04-3024 CIVIL TERM DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO VACATE ORDER OF COURT DATED SEPTEMBER 6, 2007 AND NOW comes the Defendant, by and through his attorneys, the Family Law Clinic, and in support of the within motion avers the following: 1. Counsel for Plaintiff, Mark F. Bayley, Esq. has filed a motion with this Honorable Court on September 11, 2007, attached as Exhibit A. This motion did not comply with C.C.R.P. 208.2(d), and Plaintiff's counsel indicated he filed an addendum to comply with C.C.R.P. 208.2(d) on September 13, 2007. 2. Counsel for Plaintiff avers to the court in his petition that Defendant's counsel failed to comply with C.C.R.P. 1915.12-1 which states, "All petitions for contempt and/or modification shall be filed in the same matter as original complaints in Rule 1915.3(1) and the Court Administrator shall refer the same to conciliation" and requested that this Honorable Court vacate its September 6, 2007 Order of Court, attached as Exhibit B, which set a date for a status conference. 3. A status conference, analogous to the pretrial conference noted in P.A.R.C.P. 212.3, can be made by motion of the Court, sua sponte, and "may direct the attorneys for the parties to appear for a conference to consider: (6) such other matters as may aid in the disposition of the action." P.A.R.C.P. 2123(a)(6). 4. The Defendant's Petition for Civil Contempt for Disobedience of a Custody Order filed with this Honorable Court on August 30, 2007 highlighted Plaintiff s repeated non-compliance with the custody order and failure to relinquish custody of the Child for Defendant's custodial periods. Defendant's Petition also referenced that the parties have previously attended conciliation for contempt and that Plaintiff continues not to follow the current Order of Court, dated June 11, 2007. 5. Due to Plaintiff's history of non-compliance combined with the fact that the conciliation process has failed to result in compliance, the Court may schedule a status conference with the counsel for the parties. 6. The C.C.R.P. 1915.12-1 does not prevent this Court from ordering a status conference. Based on the facts of this case, the September 6, 2007 Order of Court is proper. 7. The scheduling of the status conference, given the history of contemptuous behavior by the Plaintiff, will save the Court's valuable resources by allowing this matter to be addressed by the Honorable Judge Ebert and counsel for both parties. 8. Judge Ebert has been assigned to this case. 9. Per C.C.R.P. 208.2(d) concurrence of opposing counsel was sought. Opposing counsel did not concur with the filing of this Response. WHEREFORE, because the September 6, 2007 Order of Court issued by the Honorable Judge Ebert was fitting and proper under the particular circumstances of this case, the past failure of conciliation and under the inherit authority of the Court and under P.A.R.C.P. 212.3 Plaintiffs motion must be DENIED. Respectfully submitted, DATE: 0ael ? Yv THO W. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Response are true and correct. understand that false statements herein are made subject to tie penalties of 18 4904 relating to unsworn falsification to authorities. MASK F. BAYLEY,ESQUIRE BAYLEY & MANGAN 17 WEST SOLFM STREET CARLISLE PA 17013 (717) 2412446 ATTORNEY ID NO.87663 ATTORNEY FOR PLAT NTIFh` JODY A. REASNER, ' . . Plaintiff V. CARROLL SIDNEY EWELL,. JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEMSYLVANIA CIVIL ACTION - LAW :CUSTODY No. 04 3024 CIVIL TERM AND NOW comes Plaintiff, by and through her attorney, Mark F. Bayley, Esquire, and in support of the. within motion avers -as follows: 1. The HouorableM. L. Ebert, Jr. is the assigned judge to the within matter. 2. Defendant filed his Petition for Civil Contempt for Disobedience of a Custody Order on August 30, 2007. 3. In paragraph 12 of said petition, Plaintiff avers as follows: On March 27, 2007 in a second Order of Court, the Honorable Judge Ebert continued the custody hearing and the Petition for Contempt generally and further ordered that the hearing that had been set could be rescheduled at the request of either party. (March 27',2007 Order is u to ed.as Exhibit "A"). 4. Paragraphs 13 and 14 of the petition mention the fact that the parties reached an agreement on June 7, 2007 which was entered as an Order of Court June 11, 2007 (attached at Exhibit "B"); however, Defendant overlooked the portion of the June 11, 2007 Order which vacates all prior custody orders. 5. The June 11, 2007 Order would have vacated the March 27, 2007 Order along with its general continuance; furthermore, the current contempt petition is fresh and does not relate to the prior contempt petition which the March 11, 2007 general continuance contemplated. 6. Defendant is now attempting to utilize the vacated Order to circumvent Local Rule 1915.12-1, which states as follows: All petitions for contempt and/or modification shall be filed in the same manner as original complaints-in Rule 1915.3(1) and the Court Administrator shall refer same to the conciliator for review. 7. Plaintiff is in position -to file a counterclaim for contempt against Defendant which would virtually mirror Defendant's petition; based on this fact and others involved undersigned counsel believes that a- conciliation conference has the potential for success at this time. 8. By Order dated September 6, 2007 (attached as Exhibit "C"), the Court directed Plaintiff to answer Defendant's current contempt petition on or before September 26, 2007 and ordered counsel to appear for a status conference on. October 11, 2007. 9. Undersigned counsel believes that said Order should be vacated and Defendant should be ordered to proceed pursuant to.proper local procedure. WHEREFORE, Plaintiff respectfully requests the Court to vacate its Order of September 6, 2007 and to direct Defendant to proceed with its Contempt Petition pursuant to Local Rule Respectfully sub Mark F. Bayley, EsqujW Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant : IN TBE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :CUSTODY No. 04 - 3024 CIVIL TERM ATTORNEY VERIFICATION MARK F..BAYLEY,.ESQUIRE, states that he is the attorney for Jody A. Reasner, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to.unsworn falsification to authorities. & .` JODY A. REASNER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL V. EXHIBIT CIVIL ACTION - LAW CARROLL SIDNEY EWELL, JR., DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 6"' day of September, 2007, upon consideration of the Petition for Civil Contempt for Disobedience of a Custody Order filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before September 26, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A status conference with counsel for the parties shall be held on Thursday, October 11, 2007, at 3:30 p.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Mark Bayley, Esquire Counsel for Plaintiff Warren Eth, Certified Legal Intem Lucy Johnston-Walsh, Esquire Counsel for Defendant bas ,A C Jody A. Reasner IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY Carroll Sidney Ewell, Jr. , Defendant NO. 04-3024 CIVIL TERM CERTIFICATE OF SERVICE I, Lucy Johnston- Walsh, Esquire, of the Family Law Clinic, hereby certify that I served a true and correct copy of Defendant's Response to Plaintiffs Motion to Vacate Order of Court on Mark F. Bayley, Esquire, of Bayley and Mangan, Counsel for Plaintiff, at 17 West South Street, Carlisle, PA, 17013 by depositing a copy of the same in the United States Mail, first class, postage prepaid on September 14, 2007. Lucy Jo t ;Walsh FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r co JODY A. REASNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-3024 CIVIL CARROLL SIDNEY EWELL, JR., Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18th day of September, 2007, upon consideration of the Plaintiffs Motion to Vacate Order of Court dated September 6, 2007, and the Defendant's response thereto, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiffs Motion to Vacate Order is DENIED. IT IS FURTHER ORDERED AND DIRECTED that the Plaintiff will file the previously ordered Answer to the Defendant's Petition on or before September 26, 2007, and both counsel will attend the status conference previously scheduled for 3:30 p.m. on October 11, 2007 in Courtroom No. 5. By the Court, ?W, -t ?AA V M. L. Ebert, Jr., J. k Bayley, Esquire A o?r Attorney for Plaintiff ?1larren Eth, CLI Lucy Johnston-Walsh, Esquire Counsel for Defendant bas ??/?t{1t YA-IASNN3d /?.1 N io,,.t ? ? h. t t Li ? ?Ft +V Z0 .Z Wd 8! d3S LODZ ?&IQNQHiOW 30 MARK F. BAYLEY, ESQUIRE BAYLEY do MANGAN 17 WEST SOUTH STREET CARLISLE PA 17013 (717)241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :CUSTODY : No. 04 - 3024 CIVIL TERM AND NOW, comes Jody Reasner, by and through her attorney, Mark F. Bayley, Esquire, and avers as follows: 1. Admitted. 2. Admitted. 3. Denied. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. By way of further answer, said order vacated all prior orders. 15. Denied. By way of further answer, Mother did not believe that she was violating the order because Father had previously refused to relinquish custody of the child in violation of the order himself; Mother made offers in early September to rectify the situation by providing make-up dates. 16. Admitted. 17. Admitted. 18. Admitted. By way of further answer, the removal of the child from daycare was not a "major decision" which required the consent of both parties. 19. Admitted. By way of further answer, the removal of the child from daycare was not a "major decision" which required the consent of both parties. 20. Denied. Mother does not have sufficient information to admit or deny. 21. Denied. 22. Admitted. By way of further answer, Father refused to return the child in violation of the Order the previous Sunday, August 12, 2007, and held the child overnight until returning her late morning Monday, August 13, 2007. 23. Admitted. 24. Admitted. By way of further answer, Mother believed that she was entitled to an uninterrupted week of custody during the summer because Father had two (2) uninterrupted weeks himself and because of the fact that Father initially stole time for himself in violation of the Order; Mother has offered make-up days for said dates, minus the time that Father withheld the child from her in violation of the order. 25a.-d. Admitted. By way of further answer, Mother believed that she was entitled to an uninterrupted week of custody during the summer because Father had two (2) uninterrupted weeks himself and because of the fact that Father initially stole time for himself in violation of the Order; Mother has offered make-up days for said dates, minus the time that Father withheld the child from her in violation of the order. 26. Denied. School began for the child on August 29, 2007. 27. The Custody Order speaks for itself. 28. Admitted. By way of further answer Father showed up to the school earlier than the Order permits. 29. Denied. 30. Denied. Undersigned counsel certainly did respond in an attempt to resolve the situation. 31. Admitted. WHEREFORE, Respondent respectfully requests that Petitioner's Motion be denied. NEW MATTER 32. Father refused to turn the child over to Mother on July 8, 2007 and returned the child approximately 24 hours after the time allotted in the Court Order. 33. Father refused to turn the child over to Mother on August 12, 2007 and returned the child the next day in violation of the Court Order. 34. Said acts were in violation of the Court Order. 35. Father has transported the child in a motor vehicle while not securely fastened in a child's safety seat in violation of paragraph #14 of the current Court Order. 36. Father has failed to secure the child properly and safely in his vehicle on long trips. 37. Father continuously allows the child to view unsuitable entertainment materials for her age including R-rated movies in violation of paragraph #17 of the current Court Order. 38. Father has pending drug delivery charges in Cumberland County. 39. Mother has been told that Father has resumed his drug use in violation of paragraph #15 of the current Court Order. 40. Previous paragraphs are herein incorporated. 41. Father's actions have placed him in contempt of the June 11, 2007 Court Order. 42. Most of Father's actions placing him in contempt of the Order predate Mother's alleged violations of the Order. WHEREFORE, Mother requests: a. That Father be found in contempt for the willful violation of the Order of Court issued on June 11, 2007; b. That Father be ordered to comply with said Order; C. Mother be awarded compensatory custodial time for the time wrongfully deprived from her by Father; d. Father be assessed a $500 penalty pursuant to 23 Pa.C.S.A. §4346(a)(2); e. Mother be awarded any other relief that the Court deems just. Respectfully submitted, qr- Date. Mark F. Bayley, Esquire' Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Mother JODY A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :CUSTODY CARROLL SIDNEY EWELL, JR., Defendant : No. 04 - 3024 CIVIL TERM VERIFICATION I verify that the statements made in this within Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: OM94? r, , Mother Asey JODY A. REASNER, Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :CUSTODY : No. 04 - 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic Attn: Lucy Johnston-Walsh 45 North Pitt St. Carlisle, PA 17013 ?O Dated: Mark F. Bayley, Esquire Attorney for Mother - C? r? -" f J IV n -n m M Q? ?7 T T p -C } JODY A. REASNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3024 CIVIL CARROLL SIDNEY EWELL, JR., Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1 st day of October, 2007, upon consideration of the Plaintiff's New Matter and Counter-Petition for Contempt, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall file an Answer thereto on or before October 10, 2007. The previously scheduled status conference with counsel shall be held on Thursday, October 11, 2007, at 3:30 p.m. in the chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ,w\ -? ?XA V M. L. Ebert, Jr., J. X r/'?ark Bayley, Esquire Attorney for Plaintiff Warren Eth, CLI ucy Johnston-Walsh, Esquire X2 Counsel for Defendant bas c o? ? ,? ?,:w :?o ?, ? - ,, , Jody A. REASNER, Plaintiff V. Carroll Sidney EWELL, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY No. 04-3024 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, hereby certify that I am personally serving a true and correct copy of the Answer to Plaintiff's Answer to Defendant's Petition for Civil Contempt for Disobedience of a Court Order and New Matter and Counter Claim on Wednesday, October 10, 2007 to Opposing Counsel, Mark Bayley Esq., at his place of business 17 West South Street, Carlisle, PA 17013 Date: (? r THOI\ S,,. PLACE ROB T E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 G M p Y Jody A. REASNER, Plaintiff V. Carroll Sidney EWELL, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW IN CUSTODY No. 04-3024 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A COURT ORDER AND NEW MATTER AND COUNTERCLAIM AND NOW comes the Defendant, Carroll Sidney Ewell, by and through his counsel the Family Law Clinic and avers as follows: Plaintiff responded to Defendant's Petition for Contempt, Numbers 1 to 31 in an Answer filed September 25, 2007. Defendant now responds to Plaintiff's Answer and New Matter, pursuant to an Order of Court dated October 1, 2007. The New Matter raised by Plaintiff's Counsel begins at numeral 32: 32. Admitted. By way of further answer, Defendant, (hereinafter "Father") did not and has not refused to relinquish custody. On Saturday, July 7, 2007, Father called Plaintiff (hereinafter "Mother") and informed her he remained in Snowshoe, WV and that he would be able to bring the child back on Monday, July 9, 2007. Mother's response to Father was that he would then miss his next period of custody, Tuesday, July 10, 2007. Father returned the child on July 9, 2007 and, assuming an agreement had been made, consequently missed his custodial period on Tuesday, July 10, 2007, to compensate Mother for her missed evening. 33. Denied; by way of further answer Father has never refused to turn the child over to Mother. 34. This numbered averment has been answered in number(s) 32 and 33 respectively. 35. Denied. Father did not violate Paragraph 14 and has never had the need to notify Mother of emergency medical care that occurred during his custodial period. By way of further answer, Father admits that Child was not fastened in a safety seat, on one occasion, for one short trip, returning from soccer practice. This one instance of not following Paragraph 15 does not warrant Court action. Father has no intention to ever allow the child to be transported without proper car restraints in the future. 36. Denied; by way of further answer, the only long trip that father undertook with the child was to Snowshoe, WV. Child was restrained properly and in accordance with the Custody Order. 37. Admitted in part, denied in part; by way of further answer, Father has not "continuously allowed the child to view unsuitable entertainment materials" (Emphasis added). Furthermore, the paragraph of the Custody Order referred to by Mother in her averment is incorrect: Paragraph 18, not Paragraph 17, addresses suitability of entertainment materials. By way of further answer, one film which Father watched with child was "Jeepers Creepers". Father watched this film with the child on a cable channel which shows edited versions of movies. However, Father, in his exercise of parental judgment, has determined that some films are appropriate to view with his child. By way of further answer, Father contends that even if this is in "violation" of the Order of Court, ¶18 is not a paragraph whose violation can result in a finding of contempt. In Brinker v. Brinker, 34 Pa. D. & C.3d 109 (Pa.Com.Pl. Mercer 1985) citing Janet D. v. Carros, 240 Pa. Super. 291 (1976), found that "a party may not be held in contempt for failure to obey an order which is too vague or cannot be enforced. An order must be sufficiently definite so that that alleged contemnor knows what terms he is violating". Further, "any ambiguities or omissions must be construed in favor of the person charged with contempt" Carborundum Co. v. Combustion Engineering, Inc. 263 Pa.Super. 1, 6 (Pa.Super. 1979) citing Janet D. v. Carros, 240 Pa.Super. 291 (1976). The provision, in ¶18, "materials unsuitable for her age" is ambiguous. This standard does not set forth an objective test or point of reference. Since X18 is vague and imprecise, it cannot be used as a vehicle for contempt proceedings. 38. Denied; Father has no "pending" drug delivery charges. The charge referred to, an offense committed on February 14, 2005, was appealed by the State, reversed and sent back to the Court of Common Pleas. Two years had elapsed since Father has received the charge, and on April 9, 2007, Father pled guilty to the charge. A PSI was ordered and sentencing was set and ultimately continued several times. The Honorable President Judge Bayley on July 10, 2007 deferred sentencing for a period of 1 year and attached conditions to such deferral. To date Father has satisfied these conditions and awaits his appearance before Judge Bayley in 2008. All of the foregoing information is a matter of public record, docketed at CP-21-CR-0000800-2005, which could have been ascertained by opposing Counsel prior to his inaccurate averments to the contrary. 39. Denied; by way of further answer, hearsay allegations to undermine Father's character are inappropriate, unfair and a wholly inappropriate averment. ANSWER TO COUNTER PETITION 40. No response required. 41. Denied. 42. Denied. WHEREFORE, Defendant requests that his Honorable Court dismiss Plaintiff s Counter Petition for Civil Contempt of a Custody Order. Respectfully submitted, Date: e th ega n e THOM LACE ROBE E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Answer to Plaintiff's Answer to Defendant's Petition for Civil Contempt for Disobedience of a Court Order and New Matter and Counter Claim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ?4) nix Date: 41617 Mr. Carr 1 Sidn y Ewell, Defendant O f; M:23 C tp o JODY A. REASNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-3024 CIVIL CARROLL SIDNEY EWELL, JR., Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11th day of October, 2007, after a status conference with counsel in this case, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Wednesday, December 5, 2007, at 3:00 p.m in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. dark Bayley, Esquire Attorney for Plaintiff /arren Eth, CLI Lucy Johnston-Walsh, Esquire Counsel for Defendant y bas By the Court, M. L. Ebert, Jr., J. S S :6 WV S 1 100 LOOZ kb'1O -,'Jr.ut d :JIH.t J0 3vU'. C-0314 JODY A. REASNER (n.k.a. JODY A. OBERTON) Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3024 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Jody A. Reasner (n.k.a. Jody A. Oberton), by and through her attorney, Mark F. Bayley, Esquire, and in support of the within petition avers as follows: 1. Jody Reasner (n.k.a. Jody A. Oberton), Petitioner, (hereinafter referred to as "Mother"), is the Plaintiff in the above caption-matter, and is an adult currently residing at 127 "B" Street, Carlisle, PA 17013. 2. Carroll Sidney Ewell, Jr., Respondent, (hereinafter referred to as "Father"), is the Defendant in the above-captioned matter, and is an adult currently residing at 139 Lincoln St., Carlisle, PA 17013. 3. The parties are the natural parents of: Jaydah Reasner (date of birth 5/22/2002). 4. The parties previously executed a stipulation that was entered as an Order of Court by the Honorable M. L. Ebert, Jr. on June 11, 2007 (a copy is attached as Exhibit "A"). 5. Circumstances have since changed in that: A. Mother believes that Father's living situation is now inappropriate and dangerous for the six-year-old child based upon his past and continuing involvement with drug dealers/users; and B. Mother believes that Father's supervision and parenting decisions are inappropriate; and C. Mother believes that supervisors appointed by Father during his custodial periods are likely inappropriate; and D. Mother believes that Father's temperament places the child in danger based upon yet another recent criminal charge relating to Father assaulting and injuring a previous paramour in front of one of his other children. WHEREFORE, Petitioner requests this Honorable Court to schedule a custody conciliation conference and to modify the present Order pursuant to the best interest of the child. Respectfully submitted, BAYLEY & MANGAN Date: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 JODY A. REASNER (n.k.a. JODY : IN THE COURT OF COMMON PLEAS OF A. OBERTON) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 04-3024 CIVIL TERM CARROLL SIDNEY EWELL, JR., : CIVIL ACTION - LAW Defendant IN CUSTODY ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 7 - I () D Mark F. Bayley, Esquire JUN 08 20U7Vl Jody A. REASNER, Plaintiff V. Carroll Sidney EWELL, Jr., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 04-3024 CIVIL TERM ORDER OF COURT AND NOW this & day of June, 2007, the attached child custody agreement, entered into by the parties on June 7, 2007 shall be made an Order of the Court, and all prior custody orders are vacated. BY THE COURT Date: ?5'14. 4 P?g h Judge M. L. E ert, Jr. 61 all, ....... .?.. _?. ?n+Mnnn+'rae Jody A. REASNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Carroll Sidney EWELL, Jr., Defendant : NO. 04-3024 CIVIL TERM CUSTODY AGREEMENT AND NOW, this of June, 2007, it is ordered and directed as follows: 1. The mother, Jody Ann Reasner, and the father, Carroll Sidney Ewell, shall enjoy shared legal custody of the child, Jaydah Reasner, born May 25, 2002. 2. Mother shall have primary physical custody of the child. 3. This agreement shall be in full force and effect upon signing by the Parties. 4. Father shall enjoy periods. of partial physical custody with the child in accordance with the following Summer schedule, which shall begin at the close of school according to the Carlisle Area School District's schedule: a. EveryTuesday, beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m., with Father dropping child off at daycare/school Wednesday morning; b. Every other Thursday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m. and dropping child off at daycare/school Friday morning. c. Alternating weekends (on weeks when Father does not have a Thursday custodial period) with Father picking up child at daycare on Friday at 4:30 p.m., and Mother picking up child at Father's home Sunday evening at 8 p.m. 5. During the school year, Father shall enjoy periods of partial physical custody with the child in accordance with the following schedule: a. Every Tuesday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m., until 8:00 p.m. whereupon Mother shall pick child up at Father's home; b Every Thursday beginning at 4:00 p.m., with father picking up child at daycare/school no later than 4:30 p.m., until 8:00 p.m. whereupon Mother shall pick child up at Father's home. c. Alternating weekends, beginning Friday at 4:30 p.m., with Mother dropping off child at Father's home; and Mother picking up child at Father's home Sunday evening at 8 p.m. 6. The parties shall alternate custody of the child on the following holidays: Easter, Memorial Day, Labor Day and Thanksgiving. Father shall have custody of the child on Easter and Labor Day in 2007, mother shall have Memorial Day and Thanksgiving in 2007, the parties then alternate holidays in following years. The holiday periods shall begin at 4 p.m. on the eve of the holiday and conclude at 8 a.m. on the day after the holiday. 7. The Christmas holiday shall be divided into two Blocks, Block A being from December 24th at noon until December 25th at noon; Block B being from December 25h at 12:01 p.m. until December 26th at noon. The parties shall alternate Blocks, with father having Block A odd number years and mother having Block B in even number years. 8. The New Year's holiday shall be divided into two Blocks, Block A being from December 31st at noon until January 1St at noon, Block B being from January 1St a 12:01 p.m. until January 2°a at noon. The parties shall alternate Blocks with Mother having. Block A, which begins in December of 2007 and Father having Block B, which begins in January 2008, and father having Block A beginning in December of 2008, with alternating schedule continuing in future years. 9. Mother shall have custody of the child on Mother's Day, beginning the morning of Mother's Day at 9 am until 9 am the following morning; Father shall have custody of the child on Father's Day, beginning the morning of Father's Day at 9 am until 9 am the following morning; and the 4th of July holiday, for Father's annual family reunion. 10. Father shall have two nonconsecutive weeks of uninterrupted custody per year during the summer school holiday. For the summer of 2007, Father shall have custody from July 2, 2007 to July 8, 2007, and for another week to be determined in August. Father shall provide Mother two weeks notice of his scheduled week of custody. 11. The holiday schedule shall supersede the regular custody schedule. 12. The custody schedule may be modified with prior mutual consent of both parties. 13. The child's birthday shall be divided into two Blocks, Block A being from May 24`h at 4:00 p.m. until May 25th at 4:00 p.m. and Block B beginning at 4:01 p.m. May 25 h until the morning of the 26th. For the year of 2007, Father shall have Block A, Mother shall have Block B, or as the parties may agree. Mother shall have Block A in even number years and Father shall have Block A in odd number years! 14. Both Parents shall notify the other as soon as possible of medical emergencies that arise while the child is in the other parent's care. 15. When the child is transported in a motor vehicle, she is to be securely fastened in a child safety seat. Only drivers possessing a valid license may transport the child by vehicle. 16. The parties may not engage in substance abuse of any kind in the presence of the child. The parties shall not allow smoking indoors or in vehicles when child is present. 17. Each parent shall provide the other'with a current address and telephone number. 18. The parties will ensure that the child is not exposed to entertainment materials unsuitable for her age, e.g. music containing profanity. 19. Father shall relinquish custody of child after his periods only to Mother; a third party may pick up the child only upon prior approval of Father. 20. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. Both parties shall discourage third parties from making negative remarks about either parent when the child is present. "Reasner y Plaintiff Mark Bayley sq. Counsel for Mother Carroll Sidney Ewell Defendant dOV n Eth,/ Certified Legal Intern i1 r' ? l r ROB RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Phone 717-243-2968 Fax 717-243-3639 JODY A. REASNER (n.k.a. JODY A. OBERTON) Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 V Mark F. Bayley, Esquire ('? na fi ? ? r-? r si;, `n Cu` ? ;, ,..... c? a ,? ,, ?" , ? v? .:? ? JODY A. REASNER (NA JODY A. IN THE COURT OF COMMON PLEAS OF OBERTON) CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-3024 CIVIL ACTION LAW CARROLL SIDNEY EV?ELL, JR. IN CUSTODY ORDER OF COURT AND NOW, it is hereby directed that pa at 4th Floor, Cumberla Tuesday, Jul 22, 2008 , upon consideration of the attached Complaint, ies and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, nd County Courthouse, Carlisle on Friday, August 08, 2008 at 8:30 AM for a Pre-Hearing Custody onference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplis ed, 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 o a temporary or permanent order. The court hereby d irects the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court o 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 in dividuals having business before the court, please contact our office. All arrangements must be made at least 2 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHO LD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNE Y OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F IND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 V, ;,,4 tr. cat , .`; w JODY A. REASNER (n.k.a. OBERTON), Plaintiff V. CARROLL SIDNEY EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :CUSTODY No. 04 - 3024 CIVIL TERM PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Mark F. Bayley, Esquire, as attorney of record for Jody Reasner (n.k.a. Oberton), Plaintiff, in the above-captioned matter. ?O?G'0? Date: Mark F. Bayley, Esq ire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Please enter the appearance of Jody A. Oberton (n.k.a. Reasner), pro se, for the representation of herself in the above-captioned matter with an address of record being: Jody A. Reasner (n.k.a. Oberton) 127 "B" Street Carlisle, PA 17013 Date: Jody A. Reasner (n.k.a. Oberton), pro se 4V , . JODY A. REASNER (n.k.a. OBERTON), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : CIVIL ACTION - LAW :CUSTODY CARROLL SIDNEY EWELL, JR., Defendant : No. 04 - 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic 45 North Pitt St. Carlisle, PA 17013 Dated: Mark F. Bayley, Esqu' e C) v5 `^ Q 6; nuc?y? 200-8 ODY A REASENER (N/K/A JODY A. IN THE COURT OF COMMON PLVA S F OBERTON) J CUMBERLAND COUNTY, . Plaintiff : CIVIL ACTION - LAW v CARROLL SYDNEY EWELL, JR., NO. 2004-3024 O CUSTODY Defendant COURT ORDER AND NOW, this day of August, 2008, the Conciliator being advised the Plaintiff withdraws the Petition for Modification, the Conciliator relinquishes jurisdiction. Al In .` 1 ZU08 (n Hubert X. G roy, Esquire Custody C nciliator n N C JODY A. REASNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET No.: 04-3024 CIVIL CARROLL SIDNEY EWELL, JR., : Defendant CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Jody A. Reasner, in the above captioned case. Respectfully Submitted, Rominger & Associates Date: August 29, 2008 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for the Plaintiff K E. Rominger, Esquire ?- cva -? '-:? ',; t? i ; 7 ? - ;r_ "i:7 ' tF _ .,. .. ,? . 4..d - Jody A. Reasner, : IN THE COURT OF COMMON PLEAS-OF r PENNSY&IjA1 CUMBERLAND COUNTY -, , Plaintiff : rnw - »,.• 7 v : NO. 04 - 3024 cnr- jc, Carroll Sidney Ewell, Jr. , : CIVIL ACTION - LAWS r? Defendant : Custody - - r°> PETITION TO MODIFY CUSTODY ORDER Carroll Sidney Ewell, Jr., by his attorneys, the Family Law Clinic, respectfully requests modification of the Order entered on June 11, 2007 by the Honorable M.L. Ebert, Jr. and pertains to the custody of Jaydah Reasner. Jaydah Reasner was born May 25, 2002. 1. Under the existing Order, Mother has primary physical custody of the child. Father has partial custody of the child. During the school year, Father is to have physical custody of the child every Tuesday and Thursday beginning at 4:00 p.m. until 8:00 p.m. Father is also to have physical custody on alternate weekends from Friday at 4:30 p.m. until Sunday at 8:00 p.m. 2. This Order should be modified because: a. On Thursday, July 26, 2011, Mother refused to bring the child to Father's home and informed Father that she will never again bring the child to Father's home. b. On Tuesday, August 2, 2011, Mother did not allow Father's girlfriend to pick up the child even though Father's girlfriend was approved by Father to pick up the child pursuant to the June 2007 Order. c. Mother prevented Father from seeing the child on Tuesday August 23, 2011 and Thursday August 25, 2011. d. Mother has prevented Father from seeing the child during his scheduled periods of custody on Tuesdays and Thursdays since the week of September 5, 2011. "-V? ? 3. The Attorney of record for the Plaintiff is not currently representing the Plaintiff therefore, no consent of the opposing party needs to be obtained pursuant to local rule 208.2(d). 4. The Honorable M. L. Ebert, Jr. has previously ruled in this matter. WHEREFORE, Father asks that the Court modify the existing Order for Custody and grant Father custody on an alternating week basis because it will be in the best interest of the child. Further, Father asks for six days of make-up time for the time he was denied with the child. Date: l? Gregory rcelin Certified Legal Intern MEGAN RIESMEYER THOMAS M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX MARTIN J. D'URSO Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Yp+" Carroll S ey 4Eweil, Jr., Petitioner CERTIFICATE OF SERVICE I, Gregory Marcelin, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 2 qt day of ! Ppre mee-,-,P , 2011: Jody A. Reasner 2131 Longs Gap Rd. Carlisle, PA 17013 Gregory Marcein Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 JODY A. REASNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF C--) CUMBERLAND COUNTY, PENNSYLVANIA; r- ?-+0-1 c-' i...f - ir rrl C-) I . . W.: u' 2004-3024 CIVIL ACTION LAW C n ?? _ Cry': CARROLL SIDNEY EWELL, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 11, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 10, 2011 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _/s/ Hubert X. Gilroy, Esq. ILA_ Custody Conciliator ?IVI The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street o a?r C?? ?' ,?oP P ?aCe °l ?n Carlisle, Pennsylvania 17013 / „ telephone (717) 249-3166 Lei' ?-A4 n Cr?3 far /IS -?d i S r T1 - C0? ?'r JODY ANN OBERTON (formerly JODY ANN REASNER), Plaintiff vs. CARROLL SIDNEY EWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3024 CIVIL ACTION - LAW IN CUSTODY MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than '/2 day. Date: February U , 2012 '/? Hubert X. G' roy, Esquire Custody nciliator F.\Clients\12321 Custody Conciliations\2012\12321, I.Oberton v Ewell Memo to Court Admin.wpd JODY ANN OBERTON (formerly JODY ANN REASNER), Plaintiff VS. CARROLL SIDNEY EWELL, Defendant Prior Judge: The Honorable M. L. Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3024 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this k5ik--day of February, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the -17t-day of , 2012 at 1: ?(.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness and each parents' position with respect to a custody Order. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of December 2, 2011, shall remain in place subject to the following modifications: A. On alternating weekends, father's periods of partial custody with the minor child shall commence when the child is off school. Father shall make arrangements for his girlfriend to pick the child up at the school and shall immediately notify mother well in advance if there are going to be any problems with respect to picking the minor child up at school. B. Father's periods of partial custody on Tuesday and Thursday evening shall also start with the father's girlfriend picking the child up at school. The notification provisions in the event the girlfriend is unable to pick the child up as set forth above shall apply on Tuesday and Thursday evenings also. C. Father's girlfriend is directed to notify mother immediately each time she picks the child up so that the mother is aware of the fact that the child is secure. BY THE COURT, vo t ?,aVA M. L. Ebert, Judge Cc: ? Paul B. Orr, Esquire Walker Terry, Dickinson School of Law Penn State University Family Law Unic? I . -.4 r i n v a ZCn 6 -n ?x 00 rn --t ?" JODY ANN OBERTON (formerly JODY ANN REASNER), Plaintiff vs. CARROLL SIDNEY EWELL, Defendant Prior Judge: The Honorable M. L. Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3024 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jaydah Reasner, born May 25, 2002 2. A Conciliation Conference was held on February 1, 2012, with the following individuals in attendance: The Mother, Jody Ann Oberton, with her counsel, Paul B. Orr, Esquire, and the father, Carroll Sidney Ewell, Jr., with his student attorney, Walker Terry, of the Dickinson School of Law Penn State University Family Law Clinic. 3. The Conciliator held a conference in November of last year and this is the second conference within the past two months. Mother is demanding a hearing because she wants to limit the time the father is currently seeing the child. There have been a number of issues with respect to exchange of custody which the Conciliator believes can be addressed with minor modifications of the existing Order. Father is not willing to take less time as mother is suggesting, so a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: February '2012 Hubert X. Gilroy, Esquire Custody Conciliator JODY ANN OBERTON : IN THE COURT OF COMMON PLEAS OF (formerly JODY ANN REASNER), CUMBERLAND COUNTY, PENSYLVANIA Plaintiff y v. NO. 200t-3024 CARROLL SYDNEY EWELL, Defendant IN CUSTODY CIVIL ACTION-LAW T7 4 r: CERTIFICATE OF SERVICE C.J 1- 1, Walker Terry, Certified Legal Intern, Family Law Clinic, hereby certify that I am this day serving a true and correct copy of the foregoing Pre-Hearing Memorandum by faxing it to Paul Orr, Esquire, attorney for Plaintiff. Dated: April 12, 2012 -r--- e al er Terry Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JODY ANN OBERTON, IN THE COURT OF COMMON PLEAS OF (FORMERLY JODY ANN CUMBERLAND COUNTY, PENNSYLVANIA REASNER), G PLAINTIFF N V. ?> O 0 CARROLL SIDNEY EWELL _ C?p °F , DEFENDANT NO. 04-3024 CIVIL zq ,._ ) m j ORDER OF COURT AND NOW, this 20th day of April, 2012, after hearing and consideration of the Pre-Trial Memorandums filed by the Parties, IT IS HEREBY ORDERED AND DIRECTED: 1. LEGAL CUSTODY: The Mother, Jody Ann Oberton, and the Father, Carroll Sidney Ewell, shall enjoy shared legal custody Jaydah Reasner, born May 25, 2002. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to either parent. With regard to any emergency decisions that 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 thereafter 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. 2. PHYSICAL CUSTODY: A. School Year: (1) MOTHER: Mother shall have primary physical custody of the child during the School Year. The child shall be enrolled in the Carlisle Area School District. (2) FATHER: Father shall have partial physical custody of the child every other weekend beginning Friday, April 20, 2012, from 4:30 p.m. Friday to the beginning time for school on Monday. If the child does not have school on Monday, the time will be extended until the beginning of school on Tuesday. B. Summer Vacation: 1. General: The parties will alternate custody week on/week off. Additionally, each parent shall have an uninterrupted two week period of custody each summer as set forth in the following schedule. Unless the child is away attending a bona fide vacation during a two week uninterrupted period, the child will be permitted to attend the YWCA Day Camp in Carlisle during the week on/week off periods. 2. Father will have primary physical custody of the child beginning on Sunday at 6:00 p.m. for the following periods: June 10, 2012 to June 17, 2012; June 24, 2012 to July 8, 2012 (2 week period); July 22, 2012 to July 29, 2012; August 5, 2012 to August 12, 2012. ti 3. Mother will have primary physical custody of the child beginning on Sunday at 6:00 p.m. for the following periods: June 17, 2012 to June 24, 2012; July 8, 2012 to July 22, 2012 (2 week period); July 29, 2012 to August 5, 2012 August 12, 2012 to August 19, 2012 4. The parties shall file with the Court schedules for subsequent years which approximates the above schedule on or before May 15 of each year. 3. HOLIDAYS: A. MOTHER'S DAY AND FATHER'S DAY: Mother shall have custody on Mother's Day beginning the morning of Mother's Day at 9:00 a.m. until 9:00 a.m. the following morning. Father shall have custody on Father's Day from 9:00 a.m. until 9:00 a.m. the following morning. B. EASTER. MEMORIAL DAY. LABOR DAY AND THANKSGIVING: The parties shall alternate custody of the child on the following holidays: Easter, Memorial Day, Labor Day and Thanksgiving. The parties shall continue to alternate holidays as they have been doing. C. CHRISTMAS: The Christmas Holiday will be divided into 2 segments. Segment A shall run from December 24th at noon until December 25th at noon. Segment B shall run from December 25th at noon until December 26th at noon. D. NEW YEAR'S: The New Year's Holiday will be divided into 2 segments, Segment A being from December 31 st at noon until January 1 St at noon, Segment B being from January 1St at noon until January 2 "d at noon. The parties shall alternate Segments, with Mother having Segment A in odd numbered years and Father having Segment A in even numbered years. The year date on which December 31 occurs shall control. E. CHILD'S BIRTHDAY: The child's birthday shall be divided into two segments. Segment A will be from May 24th at 4:00 p.m. until May 25th at 4:00 p.m. and Segment B beginning at 4:00 p.m. May 25th until the morning of May 26th. Mother shall have Segment A in even numbered years and Father shall have Segment A in odd numbered years. F. The holiday schedule shall supersede the regular custody schedule. 4. EXCHANGE POINT: Father shall pick up the child at the beginning of his custodial periods at the home of Deborah Webb, at 146 West Penn Street, Carlisle, PA 17013. Mother will ensure that the child is present at this location at the beginning of each of Father's custodial periods. Reginald Oberton shall not be present for any exchanges. Only drivers possessing a valid driver's license may transport the child by vehicle. 5. TELEPHONE CONTACT: Telephone contact between the child and the non- custodial parent shall be reasonable and liberal as agreed upon by the parties. 6. SMOKING/ALCOHOL/CONTROLLED SUBSTANCES: The parties may not engage in substance abuse of any kind in the presence of the child. The parties shall not allow smoking indoors or in vehicles when child is present. 7. CURRENT ADDRESSES: Each parent shall provide the other with a current address and telephone number. 8. ENTERTAINMENT MATERIALS: The parties will ensure that the child is not exposed to entertainment materials unsuitable for her age. (e.g. Videos, movies or music containing profanity or nudity). 9. NONALIENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the child. Additionally, it is specifically directed that the parents are not to embroil the child in the acrimonious relationship between the parents. The parents are not to involve or influence the child in regard to negative inferences/statements against the other parent. 10. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. By the Court, M. L. Ebert, Jr., J. ?Paul B. Orr, Esquire For Mother /Family Law Clinic For Father bas rYt? Cc5 0, ? ?° a/< < L R JODY ANN OBERTON, IN THE COURT OF COMMON PLEAS OF (FORMERLY JODY ANN CUMBERLAND COUNTY, PENNSYLVANIA REASNER), PLAINTIFF ac -urn CARROLL SIDNEY EWELL, o DEFENDANT NO. 04-3024 CIVIL Q =c3 _ IN RE: CUSTODY a -c -? ORDER OF COURT AND NOW, this 20th day of April, 2012, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons for granting Mother primary physical custody in this case: 1. Both parties have performed their parental duties in a satisfactory manner. 2. Father acknowledges that he has had relationships with several women over the years, but he has now been in a committed relationship with Brijin Bowermaster which has lasted in excess of 8 months. 3. Both parties are equally able to have a loving and stable relationship with the child. 4. Given the fact that Mother has only this child in her residence and Father has six other children and ten people living in his home, Mother will have a greater ability to attend to the daily physical, emotional, developmental and educational needs of the child. 5. The parties live in close proximity to each other and within the same school district and therefore transportation is not an issue. 6. Child, Jaydah, who will be ten years old on May 25, 2012, currently sleeps in a bedroom with a nine year old boy. Obviously, this is not an optimal situation and must be changed in the very near future. 7. The level of conflict between these parties is significant. This level of conflict is aggravated by the fact that Mother has married Reginald Oberton with whom Father has significant conflict. Both Father and Reginald Oberton have a significant criminal history to include violations of the controlled substances, drug, device and cosmetic act. 8. The child, Jaydah Reasner, is almost ten years old and in the 4th grade. She has been doing well in school. She has stated a well-reasoned preference to remain in her mother's primary custody do to the fact that ten people reside in the Father's home and the environment is noisy and distracts the child from her homework. By the Court, Baul B. Orr, Esquire For Mother ,--'Family Law Clinic For Father bas e y1?o1 01 7:2- rj 1?0. ?4\/ M. L. Ebert, Jr., J. JODY ,ANN OBERTON, (formerly JODY ANN REASNER) Plaintiff/ Respondent v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _ _, -~ :CIVIL ACTION -LAW = ~~ `.:;t CARROLL SIDNEY SWELL, : NO. 04-3014 CIVIL TERM Defendant/ Petitioner : IN CUSTODY ~~ PETITION TO MODIFY CUSTODY ORDER L The petition of Mr. Carroll S. Ewell ("Father"), by his attorneys, the Community Law Clinic, respectfully represents that on April 20, 2012, an C-rder of Court was entered for custody of Jaydah Reamer ("Child"), born May 25, 2002, a true and correct copy of which is attached as `'Exhibit A.°' Under the existing Order, Jody A. Oberton (:"Mother") and Father share legal custodv of (,hild. Mother has primary physical custody of Child. Father has partial physical custodv of ('hild during the school year on alternate weekends from Friday at 4:30 p.m. until the beginning of School on Monday. If Child does not have school on Monday, then Fataier's custody time is extended until the beginning of school on Tuesday. During the summer moni:hs the parties alternate week on/ week off custody. Additionally, each party has an uninterrupted two week period of custody each summer. 2. "Phis Order should be modified because: a. Mother has not delivered Child to Father for his periods of physical custody since August 5, 2011, in violation of the existing Order. b. Father filed a Petition for Contempt against Mother on September 13, 20l 1 in response to Mother's continued willful violation of the existing Order. Father has twice before filed petitions for civil contempt against Mother, once on January 1, 2007, a.nd again on August 30, 2007. because Mother willfully violated a court order by not delivering Child to Father f or his periods of physical custody. The two previous petitions fo:r contempt were resolved between the parties outside of court. The current petition for contempt is pending a hearing on October 22, 2012 before this Honorable Court. c. Prior to the April 20, 2012 Order, Father enjoyed custody of Child every Tuesday and Thursday from 4:00 p.m. 8:00 p.m. d. Father spends the majority of his custodial periods with Child attempting to rebuild their relationship, Father believes that Mother and Mother's husband, Reginald Oberton, continuously set out to estrange Child from Father through their acts and words. Child has told Father on multiple occasions that Mother and Mr. Oberton make disparaging remarks about Father in front of and directly to Child. e. Father believes that if he is granted overnight visits with Child every Tuesday and Thursday, Mother and. Mr. Oberton will be less able to harm Father's relationship with Child through their disparaging remarks and acts, and Father will have greater ability to strengthen the relationship between himself and Child. 3. Pursuant to Cumberland County Rule 208.2(d), the undersigned contacted Mother's counsel, Paul Orr, Esq., by telephone on October 18, 201:? regarding the instant Petition to Modify Custody, seeking his concurrence or non-concurrence. Mr. Orr does not concur. 4. "['he prior judge who ruled in this matter is The Honorable M. L. Ebert, Jr„ 5. l~,ather respectfully request that this Petition to Modify Custody be heard at the contempt hearing scheduled before this Honorable Court for October 22, 2012 at 9:30 a.m. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father. in addition to the partial physical custody he enjoys under ithe existing Order, overnight custody every Tuesday and Thursday starting when Father picks up Child from school and ending when Father drops off Child at school the following morning„ because it will he in the best interest of the child. ,, Date: --~~-~',~' ~ f' ' ~~ _-- _~ = ._...~ , - ~ ,; Robert E. Jep sqn~ j ;' Certified L,egatl Intern -=~ ~~~. ~~ ~ ~? MEGA RIESMEYER ANNE MACDONALD-FOX ROBERT E. RAINS THOMAS M. PLACE Supervising Attorneys COMMUNITY L,AW CLINIC 371 West South Street Carlisle, PA 170]3 (71'1) 243-2968 Fax: (717) 241-3596 VERIFICATION I verify that the statements made in this petition are true and connect. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Mr. Carr 11 S. E ell CERTIFICATE OF SERVICE I, Robert E. Jeppson ,Certified Legal Intern, the Community Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by facsimile first class U.S. Mail, postage prepaid, this 19th day of October, 201?: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Fax (717)258-5289 ~~f ~ - -, - j~~. ~ o ==~~ ,,fir _ ___,_______ Robert E. Je o~Y ~~ Certified LegaYIr.~tefn COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 JODY ANN OBERTON, (formerly JODY ANN REASNER) Plaintiff/ Respondent v. CARKOLL SIDNEY EWELL, Defendant/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-30:?4 CIVIL TERM IN CUSTC-DY ORDER OF COURT AND NOW, this day of , 2012, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, _ _ __, the conciliator, at __ __, on the day of _, 2012, at _ m., for aPre-Hearing Custodv Conference. At such conference, an effort will be made to resolve the issues in dispute; or i}'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 permanient order. The proposed recommended order may contain a requirement that the parties file a Pretrial Memorandum with the Judge to whom the matter has been assigned. 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: Custodv Conciliator NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO'T HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THUS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE. ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIF,S THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH. DISABILITIE:S ACT OF 1950 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JODY ANN OBERTON, IN THE COURT OF COMMON PLEAS OF (FORMERLY JODY~ ANN :CUMBERLAND COUNTY, PENNSYLVANIA REASNER), PLAINTIFF V. CARROLL SIDNEY EWELL, DEFENDANT NO. 04-3024 CUVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 26'h day of October, 2012, pending the final Custody Order in this case; IT IS HEREBY ORDERED AND DIRECTED that 1rather shall have physical <;ustody of 'the child, Jaydah Reasner, born May 25, 2002, from 4:3(:) p.m. on Friday, November 2, 2012, until 6:00 p.m. on Sunday, November 4, 2012. Father shall pick the child up at the home of Deborah Webb at 146 West Peron Street, Carlisle, PA 17013. At the end of the custodial period, Father will return the child to the home of Deborah 'J1/ebb. IVI. L. CUCII, JI., / Paul B. Orr, Esquire For Mother ~ Community Law Clinic For Father bas ~P ~ es ~,,1'c~ i o%~~ C_ ~ _ "'v -i ~PT7 Q-' ~~ ~ ~~ rv ~ ~ r=A -c: ~. ~ Q ~ yam" ~~ - ~~,'~~ _ ^-; ~ .+ , C,;; j ~. i By the Court, JODY ANN OBERTON, (FORME'RLY JODY" ANN REASNER}, PLAINTIFF V. CARROL.L SIDNEY EWELL, DE=FENDAN-f IN THE COURT OF COMMON PLEAS OF CUMBERLANC- COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 26th day of October, 2012, upon consideration of Carroll S. Ewell's Petition for Civil Contempt for Disobedience of Custody Order and after hearing in the matter and in consideration of the briefs filed by the partiE;s, IT IS HEREBY ORDERED AND DIRECTED that the Petition is DENIED. By the Court, ~ "~ f ~ . ~..~ M. L. Ebert, Jr., J. Paul B. C-rr, EsquirE~ For Mother ~ ~`* _,1 t/ Community Law Clinic °~-~ ~ --+ For Father ~~ ° ~~ rn ,r- ~ .~ bas ~p ~ es ~-u~,'lCOC /o/al~~a ;~ e"' -a fly, ,,~> -~t CSI '~' F~, i+,Y JODY ANN OBERTON, (FORMERLY JODY ANN REASNER), PLAINTIFF V. CARROLL SIDNEY EWELL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL ORDER OF COURT AND NOW, this 13th day of November, 2012, after hearing and consideration of the Memorandums filed by the Parties, IT IS HEREBY ORDERED AND DIRECTED: 1. LEGAL CUSTODY: The Mother, Jody Ann Oberton, and the Father, Carroll Sidney Ewell, shall enjoy shared legal custody Jaydah Reasner, born May 25, 2002. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to either parent. With regard to any emergency decisions that 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 thereafter 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. 2. PHYSICAL CUSTODY: A. MOTHER: Mother shall have primary physical custody of the child. The child shall be enrolled in the Carlisle Area School District. B. FATHER: Father shall have partial physical custody of the child the first weekend of each month beginning Friday, November 2, 2012, from 4:30 p.m. until Sunday at 6:00 p.m. C. SUMMER VACATION: Father shall be entitled to partial physical custody for 7 uninterrupted days during the summer school vacation provided he gives Mother 30 days advanced notice. 3. HOLIDAYS: A. MOTHER'S DAY AND FATHER'S DAY: Mother shall have custody on Mother's Day beginning the morning of Mother's Day at 9:00 a.m. until 9:00 a.m. the following morning. Father shall have custody on Father's Day from 9:00 a.m. until 9:00 a.m. the following morning. B. EASTER, MEMORIAL DAY, LABOR DAY AND THANKSGIVING: The parties shall alternate custody of the child on the following holidays: Easter, Memorial Day, Labor Day and Thanksgiving. The parties shall continue to alternate holidays as they have been doing. C. CHRISTMAS: The Christmas Holiday will be divided into 2 segments. Segment A shall run from December 24th at noon until December 25th at noon. Segment B shall run from December 25th at noon until December 26th at noon. D. CHILD'S BIRTHDAY: The child's birthday shall be divided into two segments. Segment A will be from May 24th at 4:00 p.m. until May 25th at 4:00 p.m. and Segment B beginning at 4:00 p.m. May 25th until the morning of May 26th. Mother shall have Segment A in even numbered years and Father shall have Segment A in odd numbered years. E. The holiday schedule shall supersede the regular custody schedule. 4. EXCHANGE POINT: Father shall pick up the child at the beginning of his custodial periods at the home of Deborah Webb, at 146 West Penn Street, Carlisle, PA 17013. Mother will ensure that the child is present at this location at the beginning of each of Father's custodial periods. Reginald Oberton shall not be present for any exchanges. Only drivers possessing a valid driver's license may transport the child by vehicle. 5. TELEPHONE CONTACT: Telephone contact between the child and the non- custodial parent shall be reasonable and liberal as agreed upon by the parties. 6. SMOKING/ALCOHOL/CONTROLLED SUBSTANCES: The parties may not engage in substance abuse of any kind in the presence of the child. The parties shall not allow smoking indoors or in vehicles when child is present. 7. CURRENT ADDRESSES: Each parent shall provide the other with a current address and telephone number. 8. ENTERTAINMENT MATERIALS: The parties will ensure that the child is not exposed to entertainment materials unsuitable for her age. (e.g. Videos, movies or music containing profanity or nudity). 9. NONALIENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the child. Additionally, it is specifically directed that the parents are not to embroil the child in the acrimonious relationship between the parents. The parents are not to involve or influence the child in regard to negative inferences/statements against the other parent. 10. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. By the Court, M. L. Ebert, Jr., J. V Paul B. Orr, Esquire For Mother ~-a `~ ~ y _i~ ' Family Law Clinic For Father ~ ~~ Q "'~ ,~ ~~ ~~ ; , ~~ ~~~; bas Cep;-~S w,,a,'l ~d ~~ ~~~ia ~~ ?~ cY ~ ~ ~. 3 ~-., ~^ _--, ~-, ~~ , ~ ~~= .. ~ -f : - ~ ~Y „ ~ ; } JODY ANN OBERTON, (FORMERLY JODY ANN REASNER), PLAINTIFF V. CARROLL SIDNEY EWELL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3024 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of November, 2012, upon consideration of Carroll S. Ewell's Petition for Civil Contempt for Disobedience of Custody Order and Request for Custody Modification and after hearing in the matter, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons for modifying the Custody Order in this case: 1. Neither party is likely to encourage and permit frequent and continuing contact between the child and the other parent. This is the result of a deep seated hatred between Father and Mother's current husband, Reginald Oberton. 2. Neither party has abused the child and neither party poses a risk of harm to the child. 3. Mother has performed a substantial majority the parental duties in regard to this child. 4. Keeping the child in the Mother's custody for the majority of the time will promote the stability and continuity in the child's education and family life. 5. While both parents have extended family in the area, it is obvious that Deborah Webb, who is the mother of Reginald Oberton, has a very loving and close relationship with the child and has provided a neutral site for exchange of the child. 6. While the child has half siblings with both parents, this has not been a relevant factor in her life. 7. The child, who is ten years old, has stated swell-reasoned preference to be with her Mother the majority of the time. The Court finds this child to be intelligent and sincere. The child related the following to the Court: a. The child noted that Father has had numerous relationships with different women with whom he has fathered six children. Consequently the child indicates that her Father does not give her a lot of attention. b. Father and his current girlfriend do quarrel and drink excessively. c. Father's home is relatively small and when the child is with Father, she sleeps on a chair in the living room. Sometimes four other children sleep on the floor in this room. d. At her Mother's home, the child has her own room. She describes her Mother's home as wonderful and peaceful. 8. The Court suspects strongly that Reginald Oberton does attempt to turn the child away from her Father. The Court does not find that this is particularly overt but that as the child described, Oberton plays with her and gets her everything she wants. She refers to Reginald Oberton as "my dad." 9. Mother is more likely to maintain a loving, stable, consistent and nurturing relationship with the child. Given the number of children in Father's home and his ~. relationship with his paramour, Brijin Bowermaster, the child has noted that she does not get any extra attention. 10. At this time, Mother is more likely to attend to the daily physical, emotional, developmental, and educational needs of the child. 11. The parties live approximately 9 miles apart. Mother's home is a single dwelling in a rural area of Cumberland County in North Middleton Township, at the base of the Blue Mountain. Father's home is in an urban setting in Carlisle. 12. The level of conflict between these parties is very high. The file in this case is extensive and began in 2004. Since that time, at least ten separate custody orders have been entered in the case. It is important to note that on each order, Mother was awarded primary physical custody. While the Dickinson School of Law Community Law Clinic has provided Father with excellent representation, it must be noted that this representation is free of charge and Mother has been paying a private attorney. She does not have significant means and the Court finds that Father's constant litigation appears to be motivated by his desire to inject himself into Mother's life and thereby further vex his stated enemy, Reginald Oberton. 13. Father has a long criminal history which includes drug and alcohol abuse. Reginald Oberton, Mother's new husband also has a long criminal history with drug and alcohol abuse. It is in this Court's opinion that neither of these individuals is of good character, however, their criminal careers seem to be in remission at this time. 14. The Court does find that on August 1, 2012, at a support hearing in which Father was requesting reduction of support, he did make a statement to Mother that if ,~ . she dropped the support action, he would terminate his parental rights to this child. The Court does not find that this statement was just sarcasm. By the Court, j/ Pau{ B. Orr, Esquire For Mother ~ Community Law Clinic c a ~~' --~- For Father ~~ r.., ~ z~ ~ ~~, bas ~D ,GS /uc~,`.11~ /~ ~lsr/~ ~~~-~ ~ ~ ~ ~ ~.... ~ ~ Jody Ann Oberton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA re.? v. : CIVIL ACTION - LAW _; : IN CUSTODY 'tr.) Carroll Sidney Ewell, ter"' Defendant :NO. 04-3024 CIVIL TERM = r\,) r= ' CD PETITION TO MODIFY CUSTODY ORDER D w ` .+ --4 ;. AND NOW, comes Carroll Sidney Ewell (Father) by his attorneys,the Community Law Clinic, and respectfully petitions this court to modify the Order of Court entered on the 13th day of November, 2012, for custody of Jaydah Reasner(the child)born May 25, 2002, a true and correct copy of which is attached. 1. Father is an adult individual residing at 139 Lincoln Street, Carlisle, PA 17013. 2. Jody Ann Oberton(Mother) is an adult individual residing at 2131 Longs Gap Road, Carlisle, PA 17013. 3. Under the existing Order, Mother has primary physical custody of the child. Father has partial custody of the child the first weekend of each month beginning Friday at 4:30 p.m. and ending Sunday at 6:00 p.m., seven uninterrupted days during the summer provided Father gives Mother 30 days advance notice, and holidays on an alternating schedule. 4. This Order should be modified because: a. The child, who is 11 years old, has expressed a desire to see her father more often. b. Father has also expressed a desire to build his relationship with the child through increased contact. 5. As of filing we were unable to reach opposing counsel for concurrence. 6. The Honorable Judge Ebert has previously ruled in this matter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father additional physical custody because it will be in the best interest of the child. AA6Date: OL . Z 1. Z.o( q Michael Gleeson Certified Legal Intern / f(-1- MEGA RIESMEYER Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: )t )y Ld Carrol S�i Y dne E ell CERTIFICATE OF SERVICE I, Michael Gleeson, Certified Legal Intern,the Community Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid,this 2444^ day of (do r(44,1 , 2011: Paul Orr, Esquire 50 East High Street Carlisle,PA 17013 Michael Glee i Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle,PA 17013 717-243-2968 Jody Ann Oberton, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—CUSTODY Carroll Sidney Ewell, Defendant NO. 04 - 3024 CIVIL TERM CRIMINAL RECORD/ABUSE HISTORY VERIFICATION 1, Carroll Sidney Ewell, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, that: 1. Unless indicated by my checking the box next to the crime below, neither I nor any other member of my household have been convicted or pled guilty, or pled no contest, or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (Relating to criminal Homicide) rID CD cx3 r ❑ 18 Pa. C.S. §2702 ❑ ❑ (relating to aggravated ''r-) � t.. assault) c:. ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa. C.S. §2709.1 ❑ ❑ (related to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (related 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. §1322.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa. C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa. C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ ❑ (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol Manufacture, sale, ❑ G1 80,1991 ld"Yj``S -a y{`'S delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children& Youth ❑ ❑ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 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: fe�INRJ 061foA Rd 66 (5;0" j yicNl +0 t/O dro9f 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. Date Carroll Sidney well JODY ANN OBERTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF v. CARROLL SIDNEY EWELL DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA c.-. rn 1-11 CI) r- --C r- <tj >c) 2004-3024 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT C:=7 = :74 1\3 ^1--t AND NOW, Friday, February 28, 2014 , upon consideration of the attached CoMplaint, itis hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor , Cumberland County Courthouse, Carlisle on Thursday, April 03, 2014 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/ Hubert X. Gilroy, Esq..r- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Jody Ann Oberton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : CUSTODY Carroll Sidney Ewell, Defendant : NO. 04 - 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Gleeson, Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of the Order of Court scheduling conciliation on Paul Orr, Esq. (counsel for plaintiff), at 50 East High Street, Carlisle, PA 17013 by depositing a copy of the same in the United States mail, first class, on March 21, 2014. ichael Gleeson Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243 -2968 Fax: (717) 241 -3596 IN) > C" CAD t^3 --r1 JODY ANN OBERTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. vs. : CIVIL ACTION - LAW CARROLL SIDNEY EWELL, : NO. 2004-3024 Defendant : IN CUSTODY COURT ORDER rriW rri -■ „ - AND NOW, this le\ day of April, 2014, upon consideration of the attached Custody Conciliation Report, it, is ordered and directed as follows: Marylou Matas, Esquire, is designated as Court appointed counsel for Jayda H. Reasner, born May 25, 2002. Attorney Matas shall serve on a pro bono basis at no compensation. She shall serve in a limited purpose solely to interview the minor child at Attorney Matas' office and submit a letter report to counsel for both parties and the Custody Conciliator outlining the daughter's preference with respect to a proposed custodial schedule. Legal counsel for the Mother is directed to make arrangements for the minor child to have an appointment with Attorney Matas at her office. 2. Upon conclusion of Attorney Matas' tasks as outlined above, legal counsel for either party may contact the Custody Conciliator directly to set up a second custody conciliation conference which may be in person or via telephone. 3. It is directed that a copy of this Order be transmitted to the Cumberland County Bar Association with the recommendation that Attorney Matas receive the appropriate credit and acknowledgment from the Bar Association for her work in this case as if it was done through the Bar Association Pro Bono Program. 4. Pending further Order of this Court, this Court's prior Order of November 13, 2012, shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, M. L. Ebert, r., Judge cc: 'Paul Orr, Esquire ✓Michael Gleeson, Certified Legal Intern Marylou Matas, Esquire .imberland County Bar Association COr i es M:2411.5Cf.d 116/14f =-Pti JODY ANN OBERTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CARROLL SIDNEY EWELL, : NO. 2004 -3024 Defendant : IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3 -8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jayda H. Reasner, born May 25, 2002 2. A Conciliation Conference was held on April 3, 2014, with the following individuals in attendance: The mother, Jody Ann Oberton, with her counsel Paul Orr, Esquire, and the father, Carroll Sidney Ewell, with his counsel, Michael Gleeson of the Community Law Clinic. 3. This is a petition by Father to obtain more time with his daughter. Father currently sees his daughter one weekend per month. He suggests that the daughter has indicated a desire to have more time with the Father. Mother suggests the daughter says the complete opposite. Rather than putting the daughter through additional testimony before the Court (the daughter was required to testify at a hearing approximately two years ago), the parties agreed to have an attorney appointed for the daughter to resolve the matter. 4. The Conciliator recommends an Order in the form as attached. Date: April , 2014 ube X. ilroy, Esquire Custod onciliator Jody Ann Oberton CrLtash - : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW s : CUSTODY -L" -� c_.- r, rn r-1 Carroll Sidney Ewell, z. r-- ..� Lo Defendant : NO. 04 - 3024 CIVIL TERM. `r' PETITION FOR CIVIL CONTEMPT FOR 7.4 CD vim, DISOBEDIENCE OF:_i c -n PARTIAL CUSTODY ORDER The Petitioner, Carroll Sidney Ewell hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Plaintiff/Respondent, Jody Ann Oberton, in contempt of the November 13, 2012 and the April 8, 2014 Court Orders. In support of his Petition, Petitioner states as follows: 1. On November 13, 2012 The Honorable Judge Ebert entered an order awarding Carroll Sidney Ewell (Father), and Jody Ann Oberton (Mother) shared legal custody of the minor child, Jaydah H. Reasner, (child), and awarding Mother primary physical custody and Father periods of temporary physical custody of the child. A copy of the Order is attached to this Petition as Exhibit "A". 2. Under the November 13, 2012 Order, Father is to exercise periods of partial physical custody as follows: a. The first weekend of each month from Friday at 4:30 PM until Sunday at 6:00 PM b. Father's day from 9AM on Father's day until 9AM the following morning. 3. On April 3, 2014 a custody conciliation was held before Conciliator Hubert Gilroy Esq. At that conciliation the parties decided that the child would speak to an attorney appointed for the child. Attorney Marylou Matas agreed to represent the child. Attorney Matas prepared a written report detailing the child's wishes. In this report, the child stated that she does not feel particularly close to Mr. Ewell, but she would be willing to continue the monthly visits. This report did not make any changes to the current custody order and was prepared for the sole purpose of indicating the child's thoughts on the current custody situation. A copy -of the report is attached to this Petition as Exhibit "B" 4. At the April 3, 2014 conciliation the definition of "the first weekend of each month" as contained in the November 13, 2012 custody order was agreed to start on the first Friday of the month. 5. Mother has willfully failed to abide by the November 13, 2012 Order in that: a. Mother has repeatedly refused to allow Father to exercise his periods of temporary physical custody. i. Mother has refused to agree with Father about which date is to be used as their exchange date for custody purposes, ii. Even after the April 3, 2014 Conciliation clarifying the exchange date, Mother did not bring the child to the custody exchange location on May 2, 2014, iii. Mother did not bring the child to the custody exchange location on June 6, 2014, iv. Mother did not bring the child to the custody exchange location on Father's day, June 15, 2014. 6. Concurrence of opposing counsel was sought on June 17, 2014, as of the time of this filing opposing counsel has not responded. 7. The Honorable Judge Ebert has previously ruled in this matter. 8. WHEREFORE, Petitioner requests that: a. Mother be held in contempt of the Court's Order of Custody; b. Mother be ordered to comply with the November 13, 2012 Order; c. Father be awarded additional custody time to compensate for the wrongful deprivation of custodial time; d. Father be awarded such other relief as the Court deems appropriate. Date: 06 / I je,Iti Respectfully submitted, Andrew O'Grady Certified Legal Intern gan esmeyer Supervising Attorney THE COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 241-3596 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Carroll : idney ' well Defendant Petitioner P. JODY ANN OBERTON, (FORMERLY JODY ANN REASNER), PLAINTIFF V. CARROLL SIDNEY EWELL, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3024 CIVIL ORDER OF COURT AND NOW, this 13th day of November, 2012, after hearing and consideration of the Memorandums filed by the Parties, IT IS HEREBY ORDERED AND DIRECTED: 1. LEGAL CUSTODY: The Mother, Jody Ann Oberton, and the Father, Carroll Sidney Ewell, shall enjoy shared legal custody Jaydah Reasner, born May 25, 2002. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall not impair the other party's rights to shared legal custody of the child. Each party shall not alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to either parent. With regard to any emergency decisions that 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 thereafter possible. Each party shall be entitled to complete and full EXHIBIT information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY: A. MOTHER: Mother shall have primary physical custody of the child. The child shall be enrolled in the Carlisle Area School District. B. FATHER: Father shall have partial physical custody of the child the first weekend of each month beginning Friday, November 2, 2012, from 4:30 p.m. until Sunday at 6:00 p.m. C. SUMMER VACATION: Father shall be entitled to partial physical custody for 7 uninterrupted days during the summer school vacation provided he gives Mother 30 days advanced notice. 3. HOLIDAYS: A. MOTHER'S DAY AND FATHER'S DAY: Mother shall have custody on Mother's Day beginning the morning of Mother's Day at 9:00 a.m. until 9:00 a.m. the following morning. Father shall have custody on Father's Day from 9:00 a.m. until 9:00 a.m. the following morning. B. EASTER, MEMORIAL DAY, LABOR DAY AND THANKSGIVING: The parties shall alternate custody of the child on the following holidays: Easter, Memorial Day, Labor Day and Thanksgiving. The parties shall continue to alternate holidays as they have been doing. C. CHRISTMAS: The Christmas Holiday will be divided into 2 segments. Segment A shall run from December 24th at noon until December 251h at noon. Segment B shall run from December 25th at noon until December 26th at noon. D. CHILD'S BIRTHDAY: The child's birthday shall be divided into two segments. Segment A will be from May 24th at 4:00 p.m. until May 25th at 4:00 p.m. and Segment B beginning at 4:00 p.m. May 25th until the morning of May 26th. Mother shall have Segment A in even numbered years and Father shall have Segment A in odd numbered years. E. The holiday schedule shall supersede the regular custody schedule. 4. EXCHANGE POINT: Father shall pick up the child at the beginning of his custodial periods at the home of Deborah Webb, at 146 West Penn Street, Carlisle, PA 17013. Mother will ensure that the child is present at this location at the beginning of each of Father's custodial periods. Reginald Oberton shall not be present for any exchanges. Only drivers possessing a valid driver's license may transport the child by vehicle. 5. TELEPHONE CONTACT: Telephone contact between the child and the non- custodial parent shall.be reasonable and liberal as agreed upon by the parties. 6. SMOKING/ALCOHOL/CONTROLLED SUBSTANCES: The parties may not engage in substance abuse of any kind in the presence of the child. The parties shall not allow smoking indoors or in vehicles when child is present. 7. CURRENT ADDRESSES: Each parent shall provide the other with a current address and telephone number. 8. ENTERTAINMENT MATERIALS: The parties will ensure that the child is not exposed to entertainment materials unsuitable for her age. (e.g. Videos, movies or music containing profanity or nudity). 9. NONALIENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the child. Additionally, it is specifically directed that the parents are not to embroil the child in the acrimonious relationship between the parents. The parents are not to involve or influence the child in regard to negative inferences/statements against the other parent. 10. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Paul B. Orr, Esquire For Mother Family Law Clinic For Father bas By the Court, TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and theset of said Cour at Carlisle, Pa. This /5 ,) day of '--�', 20 /a. y4a� Prothonotary , 05/28/2014 2:8B ROBERT C. SAIDIS DANIEL L. SULLIVAN ELYSE E. ROGERS JOHN A. FETCHTEL MARYLOU M AT AS ANNA BOER° :HAYS DEAN E. REYNOSA TODD F. TRUNTZ SEAN M. SHULTZ HANNAH WHITE-GIBSON 7172436510 SAIDIS SULLIVAN LAW Law °film of SAIDIS, SULLIVAN & ROGERS A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - T ACSIMILE: (717) 243-6486 EMAIL: attornerftsr-attorneys.com www.ssr-Otorneys.corn May 28, 2014 VIA FACSIMILE AT 717-243-1850 Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 RE: Oberton v. Ewell Docket No.: 2004-3024 Dear Hubert; PAGE 01/02 LEMOYNE OFFICE: 635 NORTT-T 12TH STREKT, STE. 400 LEMOYNE, PA 171/43 TELEPHONE: (717)612-5800 FACSIMILE: (71 7)612-5805 Of Counsel L GROSE REMY TO CARLISLE I am writing in my capacity as Court appointed counsel for the child, Jayda H. Reasner, born May 25, 2002. I was court appointed to represent her by Order dated April 8; 2014. Jayda was scheduled to come to my office on May 21, 2014, but I had to cancel that due to illness. Her mother brought her to my office on May 27, 2014. I interviewed her for approximately one hour. • Jayda celebrated her 12th birthday the weekend prior to my meeting with her. I found her to be a mature 12 year old girl, who expreseed her preferences easily. She was able to carry on a conversation about different topics, including school, her friends, her likes and dislikes and her family. Jayda explained to me the set-up of both biological parents' households; including the other residents of the households, the location of each and the sleeping arrangements. She easily expressed love for her step -father, whorr she refers to as "dad," and spontaneously called him her best friend. (He has been involved in her life for as long as she can remember.) On the other hand, she refers to her biological father by his first name in conversation with third parties, but feels that she has to refer to him as "dad" when speaking directly to him because she doesn't want to hurt his feelings. Similarly, she did acknowledge that she told. Mr. Ewell that she would spend more time with him, but that was only because she didn't want to hurt his feelings when asked that question by him. In fact, she expressed repeatedly tO me that her preference would be to discontinue visits altogether. Jayda explained that she does not have a olose relationship with Mr. Ewelt. He does not contact her outside of the court ordered visits, nor does she want him to do that, He does not express an interest in her school activities and has not attended school functions. Upon my questioning, Jayda has a hard time remembering the exact date of the last visit with Mr. Ewell, but believes that he failed to appear for some scheduled visits this year and that She did not go '1 05/23/2014 20:09 7172436510 SAIDISSULLIVAN-IAW PAGE 02/02 to the visit this past weekend in May because it was her birthday. (She did not want to spend her birthday weekend with him.) She indicated that on several occasions this yea she and her step -father appeared at the scheduled exchange point but that Mr. Ewell failed to.appear. She does recall visiting with him on at least one occasion this year, however. Jayda explained that her visits with her biological father are ordered to occur one weekend per month. Her clear and stated preference is that visits discontinue. She is feeling a great deal of stress from the anticipated visit, knowing that she does not want to participate. I reviewed several options with her, and shs was not interested in any of th;em. She was able to state with clarity and well -thought out reasons why she did not prefer any !of the options presented to her. For example, 1 suggested that she spend time with her father individually for a day visit during a weekend; I suggested that she and her father engage in individual counseling sessions; I suggested that her father take her to dinner during the week. None of the presented options were appealing to her. She simply is not interested in spending time with him, especially individually. Jayda made it clear that Mr. Ewell has not done anything to harm her. She does not want to give that impression. Jayda just feels strongly about her preferences with regard to this matter. 1 do not believe that her mother or step -father are influencing her negatively regarding her biological father; she gave no indication that any person in her primary houSehold speaks negatively regarding him. However, Jayda is a bright child, .and has developed a strong opinion regarding this matter on her own. I did explain to Jayda that the Court may not discontinue visits, as ; is her stated preference. In that event, she made it clear that she prefers for the visits to remain more as they are now, although perhaps less frequently. She does not prefer for the visits to occur on an individual basis. Her reasoning for this is because if the visits are scheduled so that she has to attend Mr. Ewell's home for an overnight, there are other children there with whom she can socialize. Please feel free to contact me if you have any additional questions or if 1 can be of other service. I would be happy to attend any next conciliation conference on this matter if necessary. Very Truly Yours, SAIDIS, SULLIVAN & ROGER MM cc: Andrew O'Grady, Esquire (via facsimile 717-241-3596) Paul Orr, Esquire (via facsimile 717-258-5269) , Esquire Jody Ann Oberton, Cke4fht'r), : IN THE COURT OF COMMON PLEAS QF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : CUSTODY Carroll Sidney Ewell, Defendant : NO. 04 - 3024 CIVIL TERM CERTIFICATE OF SERVICE I, Andrew O'Grady, hereby certify that I am serving a true and correct copy of the petition for Civil Contempt for Disobedience of Partial Custody Order on Jody Ann Oberton through her attorney Paul Orr, Esquire by first class United States Mail to 50 East High Street, Carlisle, PA 17013 Date: b/19/2oiy Andrew O'Grady Certified Legal Intern THE COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 241-3596 Jody Ann Oberton, (Formerly Jody Ann Reasner), Plaintiff v. : CIVIL ACTION -LAW : CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Carroll Sidney Ewell, Defendant : NO. 04 - 3024 CERTIFICATE OF SERVICE CIVIL TERM I, Andrew O'Grady, hereby certify that I am serving a true and correct copy of the petition for Civil Contempt for Disobedience of Partial Custody Order on Jody Ann Oberton through her attorney Paul Orr, Esquire by first class United States Mail to 50 East High Street, Carlisle, PA 17013. Date: l9 ! Ia' 7,01_ I Andrew O'Grady Certified Legal Intern THE COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 241-3596 JODY ANN OBERTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-3024 CIVIL ACTION LAW rn e CARROLL SIDNEY EWELL - IN CUSTODY DEFENDANT ORDER OF COURT t -,, AND NOW, Thursday,June 26,2014 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Wednesday,July 16,2014 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/ Hubert X. Gilroy, Es ..,,Z 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. /j� l�� f Cumberland County Bar Association P l�°S r ` a a 32 South Bedford Street Q Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 J JODY ANN OBERTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CARROLL SIDNEY EWELL, : NO. 2004-3024 Defendant : IN CUSTODY COURT ORDER , r= AND NOW, this t 1 fh day of July, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Jody Ann Oberton, shall deliver custody of the minor child, Jaydah H. Reasner, to the father, Carroll Sidney Ewell, on Friday, July 18, 2014, at 5:00 p.m. The Father shall deliver custody of the minor child back to the Mother on Monday, July 21, 2014, at 9:00 a.m. 2. After Father exercises custody this weekend, legal counsel for the Father may request another custody conciliation conference if one is needed. 3. If Mother refuses to deliver the minor child to the Father for custody this weekend, counsel for the Father may contact the Custody Conciliator and the Conciliator shall refer this matter to the Court for a hearing on the Contempt Petition. 4. Exchange of custody for the schedule set forth above shall take place at the home of Deborah Webb which is located on Penn Street in Carlisle. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc: v l Orr, Esquire Andrew O'Grady, Certied Legal Intern Cops 'es Mai LEA 7l7fre BY THE COURT, JODY ANN OBERTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CARROLL SIDNEY EWELL, : NO. 2004-3024 Defendant : IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This case has been before the Custody Conciliator a number of times and is now back for a Contempt Petition. The Father has not seen his daughter since Christmas time. We referred the child to Attorney Marylou Matas, and Attorney Matas prepared a detailed report that simply suggests that this 12 year old daughter does not want to see her Father. 2. Father appeared at the conciliation on July 16, 2014, with a proposal that he have custody of the child this upcoming weekend because he is having a family event with other family members. He suggested that if he has this custody and if he chas a meaningful discussion with his daughter when she is in his custody and she expresses similar opinions to him as she did to Attorney Mattas, he may consider not pursuing further custody. However, he is adamant that there is a custody Order in place that Mother has been wilfully disobeying and he is making a proposal that he believes is reasonable under the circumstances. The Conciliator agrees with the Father's position and recommends an Order in the form as attached. Date: July 1 Y , 2014 /bi ubert X. Gilroy squire Custody Concili tor