Loading...
HomeMy WebLinkAbout01-1924SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS P1 aint i f f · CUMBERLAND COUNTY, · PENNSYLVANIA V. · · CIVIL ACTION - LAW MICHAEL R. WARNER, · Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Shirley G. Warner residin~ at 201 Georgetown Road, Mechanicsbur~, PA 17055. 2. Defendant is Michael R. Warner, residin~ at 321 West Meadow Drive, Mechancisbur~, PA 17055. 3. Plaintiff seeks custody of the followin~ children- Name Present Residence Age Brock M. Warner 321 West Meadow Drive 13 Mechanicsbur~, PA 17055 Marissa K. Warner 201 Georgetown Road 10 Mechanicsbur~, PA 17055 The children were not born out of wedlock. The child, Brock M. Warner. is presently in the custody of Michael R. Warner, Defendant, who resides at 321 West Meadow Drive, Mechanicsbur~, PA 17055. The child, Marissa K. Warner, is presently in the custody of Shirley G. Warner, Plaintiff, who resides at 201 Georgetown Road, Mechanicsbur~, PA 17055. Durin~ the past five years, the children, Brock M. Warner and Marissa K. Warner have resided with the followin~ persons and at the followin~ addresses- Prior to September 1, 2000, both children resided with Plaintiff and Defendant at 321 West Meadow Drive, Mechanicsbur~, PA 17055; From September 1, 2000 to present, Marissa K. Warner has resided with Plaintiff at 201 Georgetown Road, Mechanicsbur~, PA 17055. From September 1, 2000 to present, Brock M. Warner has resided with Defendant at 321 West Meadow Drive, Mechancisbur~, PA 17055. The mother of the children is Plaintiff, Shirley G. Warner currently residin~ at 201 Georgetown Road, Mechancisbur~, PA 17055. She is married but livin~ separate and apart from Defendant. The father of the children is Defendant, Michael R. Warner, currently residin~ at 321 West Meadow Drive, Mechanicsbur~, PA 17055. He is married but livin~ separate and apart from Plaintiff. 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the followin~ persons- Marissa K. Warner. 5. The relationship of Defendant to the children is that of father. The Defendant currently resides with the followin~ persons- Brock M. Warner. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concernin~ the custody of the children in this or another court. Plaintiff has no information of a custody proceedin~ concernin~ the children pendin~ in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by ~rantin~ the relief requested because the Plaintiff-mother has always been the primary care~iver for the children and, by sharin~ more frequent periods of custodial time with each parent, the children will be able to maintain a more normal relationship with each parent; Over the past months, too, Defendant-father has done nothin~ to foster or inspire any relationship between mother and her son. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons named below who are known to have or claim a right to custody or visitation of the children will be ~iven notice of the pendency of this action and the right to intervene. NONE. WHEREFORE, Plaintiff-mother requests that this Honorable Court enter an Order. (a) Confirmin~ shared legal custody of the children in each of the parties; (b) Confirmin~ primary physical custody of the minor daughter, Marissa K. Warner in the Plaintiff-mother subject to such reasonable and frequent periods of visitation and temporary custody with Defendant-father as this Honorable Court deems to be just and appropriate; (c) Grantin~ shared physical custody of the parties, minor son, Brock M. Warner on such schedule as this Honorable Court deems to be appropriate; and (d) Grantin~ such other relief as this Honorable Court deems to be 3ust and appropriate. Respectfully submitted, Date~ B ~ ..... = =- nratton, Esquire------ Pa. Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108 - 2106 (717) 236-4241 Attorneys for Plaintiff _VER I F I CAT I ON I verify that the statements made in the attached pleading are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the attached pleading is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHIRLEY G. WARNER ' IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : MICHAEL R. WARNER · 01-1924 CIVIL ACTION LAW DEFENDANT : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 02, 2001 at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will. be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq.~a//'~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO 'NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SHIRLEY G. WARNER, · 1N THE COURT OF COMMON PLEAS Respondent~laintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. · NO. 01-1924 MICHAEL R. WARNER, ' CIVIL ACTION __ LAW Petitioner/Defendant . CHILD CUSTODY AND NOW comes the Petitioner/Defendant, Michael R. Warner, hereinafter referred to as "Father", by and through his attorneys, the Law Offices of Silliker & Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents this Petition for Emergency Relief based upon the following: 1. The parties hereto are the natural parents of two minor children, Brock M. Warner, born September 12, 1987, and Marissa K. Warner, born June 10, 1990. 2. Pursuant to the terms of an Order of Court dated August 16, 2001, and August 15, 2002, the parties exercise shared legal and physical custody of their children wherein Father has primary physical custody of Brock M. Warner while the Respondent, hereinafter referred to as "Mother", has primary physical custody of Marissa K. Warner. The parties alternate having custody of both children on weekends. As well, Father has custody of both children after school hours every Thursday, while Mother has custody of both children after school hours every Monday. A copy of the Court Orders dated August 16, 2001, and August 15, 2002, marked Exhibit "A" and "B" respectively, are attached hereto and incorporated herein. 3. Since 1996, the parties' children have attended Bible Baptist School located in Shiremanstown, Pennsylvania. The children continued to attend there after the parties' separation in 2000. 4. On August 20, 2002, the parties' daughter, Marissa, informed her father that her mother had taken her to Good Hope Middle School in the Cumberland Valley School District to enroll her for attendance in the 2002-2003 academic year. 5. Prior to August 20, 2002, Father had had no discussions with Mother regarding schooling for approximately one year. 6. On August 21, 2002, Father's counsel contacted Dawn M. Sunday, Esquire, appointed Custody Conciliator in this custody action, and scheduled a tentative emergency conciliation on this matter for August 27, 2002. 7. On August 22, 2002, this counsel spoke to Mother's counsel of record, Theresa Barrett Male, Esquire, regarding the school situation. Attorney Male represented to this counsel that she had spoken to Dawn M. Sunday, Esquire regarding this issue and acknowledged that the status quo should be maintained in that the parties' daughter should continue to attend Bible Baptist School. On that same date, Attorney Male faxed a letter to this counsel and Dawn M. Sunday, Esquire setting forth that Mother consented to Marissa's attendance at Bible Baptist School. Based upon that representation, the tentative Custody Conciliation scheduled for August 27, 2002, was cancelled. A copy of said correspondence marked Exhibit "C" is attached hereto and incorporated herein. 8. On Monday, August 26, 2002, Father contacted Bible Baptist School to ensure that his daughter was in attendance. He was informed that his daughter did not attend school that day. At approximately 9:00 a.m., Father received a call from his daughter who was extremely distraught. Marissa K. Warner informed her father that she had missed the bus that morning and her mother refused to take her to school. She went on to fin~er state that her mother went to work and had told her that she might drive her to school once she got back from her jobs. Father then attempted to contact Mother with no success. When he called back to Mother's home to talk to his daughter, he also got no response. At approximately 2:00 p.m. on the same date, Father reached Mother by telephone wherein she told him that Marissa had not attended school that morning because Marissa was sick. Father then asked to speak to his daughter and Mother told him that she was not available. Father questioned why she would not be available if she was sick, at which point Mother hung up on him. In response to this incident, this counsel faxed a letter to Mother's counsel as Attorney Male was not available in her office on that date. A copy of this cotmsel's correspondence dated August 26, 2002, marked Exhibit "D", is attached hereto and incorporated herein. 9. On Tuesday, August 27, 2002, Father contacted Bible Baptist School to ensure his daughter was in attendance. He was informed that his daughter had not attended school that day. Father then received a call from Mother who told him that Marissa did not want to attend Bible Baptist School and therefore she had taken her to Good Hope Middle School that morning. Father informed Mother that he had spoken to his daughter on August 26, 2002 and that she had told him that she did not attend Bible Baptist School because her Mother was unwilling to drive her to school. Mother had no response. When asked whether Mother intended to continue Marissa's enrollment in the Cumberland Valley School District, Mother had no response. 10. The parties have shared legal custody and therefore Mother is under a legal obligation to discuss a change in the children's schooling with Father. 11. The subject minor child, Marissa K. Warner, has attended Bible Baptist School since first grade. She is currently in seventh grade. The parties' son, Brock M. Warner, has attended, and currently attends, Bible Baptist School since third grade. 12. Mother has represented through her counsel that she consented to her daughter's attendance at Bible Baptist School for the 2002-2003 academic year. Based on these representations, a Conciliation before Dawn Sunday, Esquire was cancelled for August 27, 2002. 13. By way of additional background information, Father filed a Petition to Modify Custody in June of 2002 based upon his daughter's desire to live with him. A Conciliation was held resulting in the entry of an Order dated August 15, 2002, wherein the parties agreed to submit themselves for a Custody Evaluation to be performed by Arnold Shienvold, PhD. Additionally, Father filed a Petition for Contempt on or about July 23, 2002, due to Mother's denial of Father's custodial time with his daughter. A hearing on Father's Petition for Contempt is currently scheduled before Dawn M. Sunday, Esquire on September 26, 2002. 20. Father has incurred legal fees in the preparation and filing of this Petition for Emergency Relief. WHEREFORE, Father respectfully requests this Honorable Court: a. Issue an Order directing that the subject minor child continue her attendance at Bible Baptist School pending the Custody Evaluation to be performed by Arnold Shienvold, PhD. b. Award Father's attorney's fees and costs incurred relative to the filing of this Petition. c. Any other relief this Court deems reasonable and just. Date: ~/c~'7 /~~_ Respectfully submitted, ! ! SILLIKER &REINHOLD · THE LAW OFFICES OF 5922 l~inglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Michael R. Warner AFFIDAVIT and correct to the bes: of my knowledge, information and beiief. I understand that fa2se · statements herein are made subject to the penalties of 18 Pa. C. S. 4909 retadng to unswom falsifications 'to authorities. SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA · V. 'NO. 01-1924 · MICHAEL R. WARNER, ' CIVIL ACTION_ LAW Defendant/Petitioner . CHILD CUSTODY CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Petition for Emergency Relief was faxed and mailed to Theresa Barrett Male, attorney for Shirley G. Warner, on August 27, 2002, by first-class mail and fax, addressed as follows- Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Fax - (717) 233-6862 Date: ._~_~"~ O.'?.D'E-~ O.'F co'r,.J'----~'i'- A_'N-D ~O~, ~:--- -- ' -..' " ",00" , ._~ 4.:~~_~ ~= =Of LOw'=-' -- =~ MaY and r=~'~ ace~ wi=-'- ~.his Or.~er - - - =.-~ =he .--a.the-, MLchae --' Mouher, ch:, ' e'.z G. W=.rner, ----. ck M. .. ~-'. s sLT-~- · aarenc, r.a .-'.,=:<= = ir. clud':r-g, buc ncc ~ i.mi.ced ~', oaher _ - - and '~ the Chi ~ ~-en's caner=-/ we':'-be:-cc dec~ sicns re==---r'~ '"" .;Y_e: - _~u-- ~.~ aart:== and ~-"= Cy.t'drer- sha~! ccn~'inu=- in ~ · --- - ,--%1: -~=-T.-C= ~.ssoc= =.t~= ,_cI .- o= fam-~!Y c-.- - which have =_ sen '- al .-_' m=x .... ~- - address:.nc ccnf~ ~.c s - .. =~ - :..e oar'~. ~s' seuara~-: an and wcrkinc ~oward ~'~e ~ c _.- . ~ar.~Le= ~e ~aruL=s shall -'c ~aw .... -- ._..- ,__~ommenda.; ~. ohs c= --- ' ~--- as we =.s -h= i.-...~ares = "'- d:"-n~-~' or. c-' tour. sa -'-"'= . - - --'- a~_~_.ceme.-.~s which wi ' ' be=- seI-¢e ~--- Children. - -.: · d-.; c-' - _ _. _ -- - _ ,, -,. =- sba h=.:ze .._._ i,-...a -. ..... =-nd uhe - a d=,:ch=er, Mar~, ssa, _ uarc~'es' --- _.,= oa--=es' scr-, ~rock. · uhvs~.c=.i ~'-'s~-~dv ~-' "- = p=ndlng -' .... ~- Cr-2e- c= our'.c o .agr- - ..... :-~.= Fac':a-'$ weekend .~e iods of cuscodv weekends ..... ' Sur-daY e shall run from --tdav a=-er-~°2 chroucn . Ma-~ ssa and ~~,_ ~ar~;_=: ~"s~od~-~, . arrar, ceme~-=_ ._ _ unde u~._=_ =---v~_=~c~._ sc.a: ' becin wi~ cke Fa-her ~---~-~ c_ ~-=- cn ~h- =~--- _ -.. _ weekend = ~=r ~..e ~cncc~ year ~ec~ns ~ 200 and ~ke week/a,; :er~cds of.oarc~a~ ---c'~=''~" 6. Pendi.-.c acreemer.~ c = ~he ma--: es cnherw-: se cr__,=".~her Order o.= Court, ~he Mc-her ska!! ensure ~_kac James Marius ~=_ nc~ ~r=sen~_ -- during ~ke Mcckar' s pe--: ods c ,= cusccd%' w!~k Brock. 7 Wiu'~:- a~. -lays ~- ~-= d_at= c= ~" ~ '; .-""' ~ ..... '~ ~ - ..... · .,= ,--, _. .: - . ,~-~.~-~..-:; a'~icn Cc-==---nc=___ _ ?-..'~.., -ev±ew the ocs:cdr -- uar.~i=s_ az a Cusc-dv, 'm ~o,.-_c~._ _' iai_Lot. Ccnf=-=nc=_-_ -. "~-~,.= -arc_ ~ es may -- modi:v :he ~rcv:sior. s c. ~_= .~_~=_ ~v mu~ua! .-cns=-~ - he - ~ eke ' ~~s c .chis -=..=__ ccnurc . absenc= c = mu~"a' ccnse~,c, c = = Orde -:--'' ' BY TEE COL~.T, ' ' ~--- '~ ~ ~-' t ~ · · -~C= ~ --=--~ .~ ~' ~:en P.. Re'tit.cid, =s~c~ -e ': ; .-" /'~Y ',vhereo¢ I here ~.'~.-o s~t my hand · / , ·s ..... , SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · 01-1924 CIVIL ACTION LAW MICHAEL R. WARNER, · Defendant · IN CUSTODY ORDER OF COURT AND NOW, this_ ].~']'}~ day of d)lt~,t~~'_ , 2002, upon consideration of the attached Custody Qonciliation Report, it is o}~e~-d-and directed as follows: 1. The parties shall submit themselves, their Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by a~eement of the parties. The purpose of the evaluation shall be to address issues which have arisen with respect to the current custody arrangement and to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the Children's needs and interests. All costs of the evaluation shall be equally shared by the parties. 2. Pending finCher Order of Court or agreement of the parties, the prior Order of this Court dated August 16, 2001 shall continue in effect. 3. Within 60 days of receipt of the evaluation recommendations, in the event the parties are not able to resolve all of the custody issues by agreement at that time, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference on the earliest possible date. BY TTOURT, · Wdley Ole~-~Xr.,: / .... cc' Theresa Barrett Male, Esquire- Counsel for Mother 'r',~, ,..:, ,:.~,.*. '"'~-, ~'~ ~":.~ ".'-. '.::._-.-~.,,~?T ,~~"'~ ,.:;:v:.,"c, ' Kristen R. Reinhold, Esquire - Counsel for Father . . .......~',~ In Tr~.t!m..r...~,y wherep[ ~ ~-.,~ra unto s..--:' n',.;' hand EXHIBIT · ' - Prctt. honeta~ .~,~-, 0 · THERESA BARRETT M^~£ ' ' COUNSELOR AT LAW 513 NORTH SECOND STREET THERESA BARRETt MALE HARRISBURG, PENNSYLVANIA 17101 SUSAN C. APPLEBY, PARALle-C, AL (717) 233-3220 JONATHAN J. MALE, L£C,^L ~S,ST^NT August 22, 2002 F.~x (717) 233-6862 Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 Re' Warner v, Warner (# 00-6283) Dear Kristin' This will confirm our telephone conversation earlier this morning. Pending recommendation from Arnie Shienvold on Marissa's educational needs, _m...y cli_e.!lk_ c0.a.~..e_.n_ts .to..M.~.rj.s.~..a.._'...s......~t...t~_nd_.a_..n...._c.~_.a_t_Ba_a~~e. This is without prejudice to Ms. Wamer's position, as set forth in my letter to Mark Silliker yesterday, and her continued belief that Marissa will receive a broader, more urbane educational experience in public school. This also will confirm my client's indication that the parties have agreed to exchange weekends. Therefore, your client will have custody this weekend, i.e., August 23 to August 25. My client will have custody from August 30 to September 1. Also, because Dr. Warner had custody for Easter, Memorial Day, and on July 4th, my client will have custody on Labor Day. By copy of this letter, I am advising Dawn Sunday that we do not need a conciliation conference on the school issue. If you have any questions, please call me. - Sincerely, Theresa Barrett Male TBM/sca cc' Dawn M. Sunday, Esquire Shirley G. Warner via fax- hard copy to follow EXHIBIT iflCff/ I1 · , SILLIKER & REINHOLD LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 1 7112 MARK T. SiLLIKER KRISTIN R. REINHOLD PHONE: (717) 671-1500 FAX' (717) 671-8968 August 26, 2002 VIA FACSIMILE Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Re' Warner v. Warner Dear Theresa: Dr. Warner contacted my office this morning when he discovered that his daughter had not shown up for the first day of school at Bible Baptist. Shortly thereafter, he received a call from Marissa who was extremely distraught. It appears that when your client found out that Marissa would continue to attend Bible Baptist School, she tol~t her that she would no longer drive her to school and that she needed to catch the bus. Marissa told her father that she had missed the bus and her mother refused to drive her to school. I believe Shirley then left the home to clean houses and told her daughter that she might drive her to school when she got back. Michael continued to call throughout the day receiving no return calls. I attempted to contact your office, but nobody was in. At approximately 2:00 p.m. Dr. Warner got in touch with Mrs. Warner, and she told him that Marissa had not attended today because she was sick. Apparently, Shirley did not know that Marissa had contacted Dr. Warner this morning. Dr. Warner then asked to speak to his daughter and Shirley told him that she was busy and couldn't come to the phone. Dr. Warner pointed out to her that if Marissa was sick she should not be so busy that she could not come to the phone, at which point Shirley hung up on Dr. Warner. The purpose of this letter is to ask that you contact your client and make sure that she takes responsibility for her daughter attending school in a timely manner. If Marissa misses the bus, we expect her to drive her to school. If Shirley is going to refuse to do this, Dr. Warner will take the necessary steps to get her to school. However, if your client desires to remain primary custodian of Marissa, she needs to assure that her child attends school. Dr. Warner is also extremely concerned with the verbal abuse which Shirley has been engaging in with her daughter. When Marissa was at his house on Thursday evening, EXHIBIT ! , Shirley called Marissa. Dr. Warner was in the room with his daughter and could hear Shirley screaming at Marissa regarding the school situation. At some point he took the phone and told Shirley that she needed to stop screaming at her child, that this was an issue for the two of tl:iem to discuss. When Shirley picked up Marissa that evening, he could hear her screaming at her daughter in the car as they drove off. We understand that Shirley is unhappy with Marissa's attendance at Bible Baptist School. However, if she continues to engage in verbal abuse and manipulation of her daughter, there are going to be some serious mental health issues we are going to have to address in the future. I would ask that you counsel your client to discuss this issue no further with her daughter as it will eventually be settled by the Court. Lastly, my client is tired of not being permitted to speak to his daughter when he calls. This has happened on numerous occasions and there is absolutely no excuse for it. This issue had been raised at prior custody conciliations and Shirley has been counseled on the concept of making the children available for phone calls from their father. Hereinafter, we do expect that Ms. Warner will make Marissa available for telephone calls from Dr. Warner assuming she is in the household. Please contact me to discuss these issues. Sincerely, Kri KKR/bbl Cc' Michael Warner ICri~ R. Reinhold, Es~ir¢ 5922 Lingieatown Road Harrisburg, PA ]7I 12 Re' Warner v. Warner (# 00-6283) Dr. ar Kristin- This will couf'um our telephone conversations this morning, As I advised you, until ] rec¢iv~ your message yesterday, I had no kllowledge of any change in the agreement on Mariasa's attendance at Bap~ Bible as set forth in my August 22 letter, In fact, based on my discussious with m~ client, I did not anticipate any problems regarding this issue. Shirley informs me that, as she was eacorting Marissa to the bus yesterday morning, to ~o to thc bible school, Marissa abruptly turned and walkixi back to the house. Marissa vacillated about going to Baptist Bible late and refusing to go tl~te at all. Later in the day, Marissa told her mother tha~ she wanted to attend Good Hope, and Shircly acquiesced. I explained to my client that, notwithstanding her desire to assist Marissa, the pal~ already had agreed that Marissa would remain at the private school pending assessment of this issue by Arnie Shienvold. Based on that agr~mcnt, and your indication that you had prepared an emergency .petition to present to the court today, I advised Shirley to take Marissa out of thc public school and deliver her to the bible school today. I furt~r advisecl Shirley to call Michael and speak with him about this so that Marissa cannot manipulate her parents, Please call me if you have any further concerns, Sincerely, TBM/sca Barrett Male cc: Shirley G. Warner via fax - hard copy to follow EXHIBIT SHIRLEY G. WARNER, ' IN THE COURT OF COMMON PLEAS Respondent/Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. · NO. 01-1924 MICHAEL R. WARNER, · CIVIL ACTION_ LAW Petitioner/Defendant . CHILD CUSTODY ORDER OF COURT o,, AND NOW, this ~ day of August, 2002, upon consideration of the ~,ttached Petition for Emergency Relief, it is hereb '~-.. '~--,-,~ ,-..~ .2~ ~ y ordered and directed t _.~_. .... . hat · BY THE J. SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · · 01-1924 CIVIL ACTION _ LAW MICHAEL R. WARNER, ' · Defendant · IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the Complaint For Custody and of the Order of Court dated April 5, 2001, filed on April 2, 2001, by placin~ true and correct copies of same in the U.S. mail, postage prepaid, on April 11 2001 addressed as follows. ' Kristen R. Reinhold, Esquire SILLIKER & REINHOLD 5922 Lin~lestown Road Harrisburg, PA 171 Date // ~~~_~ · , squire SHIRLEY G. WARNER, Plaintiff : IN THE OD[IRT OF QOMM~ PLEAS OF : CUMBERLAND CC~, PENNSYLVANIA VS. : : NO. 01-1924 CIVIL TERM MICHAEL R. WARNER, : Defendant : CIVIL ACTION- LAW : IN CUSTODY upon consideration of the~ day of~ ordered and directed as follows: it is Custody , 2001, famil1' c°The Part/es and the Children shall Y unseling at Gu' · _conflicts which ~ .... ldance ASsociat~.~ ¢__ P~.rt~cipate /n a and worki~ ~--- ,,..~v,~ arisen in t~- =-__ J-- t'..'~- one purpo.~ ^~ course of · ~ cowara the ,~=~ _= ..= ~um~ly due ~ ~_ =--- ~ addressing =--~. u~ maxlml n, ~ ..... partles, separation Parties. Within 2 weeks of the date of z~..= ~,= ~nlldren,s contact with both parties shall contact GUidance Associa the Conciliation Conference, appointment. The part~es shall fo t_es to schedule hi both · llow cations the recommen-- - or her first with regard to the frequency and duration of the counseling as well as any recon~nendations concerning interim custody the counselor serve the /nterests of the Children. arrangements which will best 2. Until such time as rec parties shall cont' · ommended . ·nue w~th the · aexlDle ~,,o~.~. ____ ~ ne. counselor the following at the time of the Conciliation Conference. been -'~=~Y urrangements they had' Co .3: The part/es and th' ,-',~ asr day of A,~us~ ~,^2'~e ~o~f~.ce of the Con~,:=_~u a second Custody -= ~, zuu~ ~, n.~^ _ '"~zucor Dawn S. Sunday, BY THE C~T, Cc: Bruce F. Bratton, Esquire- Counsel for Mother Kristen R. Reinhold, Esquire_ Counsel for Father SHIRLEY G. WARNER, : IN THE OOURT OF OOMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-1924 CIVIL TERM : MICHAEL R. WARNER, : CIVIL ACTION- LAW Defendant : IN CUSTODY 1915.3-8, the undersigned Custody Conczlzator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: Brock M. Warner September 12, 1987 Father Marissa K. Warner June 10, 1990 Mother 2. A Conciliation Conference was held on May 2, 2001, with the following individuals in attendance: The Mother, Shirley G. Warner, with her counsel, Bruce F. Bratton, Esquire, and the Father, Michael R. Warner, with his counsel, Kristen R. Reinhold, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Custody Conciliator SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERED COUNTY, PENNSYLV~IA vs. · NO. 01-1924 CIVIL TERM · MICI-~EL R. WARNER, · CIVIL ACTION - I.~W Defendant · IN CUSTODY PRIOR JUDGE- J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WIT}{ CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report- 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows. ~AME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brock M. Warner September 12, 1987 Father Marissa K. Warner June 10, 1990 Mother 2. A Conciliation Conference was held on August 2, 2001, with the following individuals in attendance. The Mother, Shirley G. Warner, with her counsel, Bruce F. Bratton, Esquire, and the Father, Michael R. Warner, with his counsel, Kristen R. Reinhold, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Dat~ Dawn S. Sunday, Esq~ir~ Custody Conciliator SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA , vs. · NO. 01-1924 CIVIL TERM · MICHAEL R. WARNER, · CIVIL ACTION - LAW Defendant · IN CUSTODY ORDER OF COURT _ AND NOW, this I~~ day of ~ ~~+ ~ ~ O~ ' 2001, upon consideration of the attached Custody C ciliation Report it is ordered and directed as follows- 1. The prior Order of this Court dated May 17, 2001 is vacated and replaced with this Order. 2. The Mother, Shirley G. Warner, and the Father, Michael R. Warner, shall have shared legal custody of Brock M. Warner, born September 12, 1987, and Marissa K. Warner, born June 10, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affectin~ the Children's ~eneral well-bein~ including, but not limited to, all decisions re~ardin~ their health, education and religion. 3. The parties and the Children shall continue in their course of family counselin~ at Guidance Associates for the purpose of addressin~ conflicts which have arisen in the family due to the parties' separation and workin~ toward the ~oal of maximizin~ the Childrens'contact with both parties. The parties shall follow the recommendations of the counselor with re~ard to the frequency and duration of counselin~ as well as any recommendations concernin~ custody arrangements which will best serve the interests of the Children. 4. The Mother shall have primary physical custody of the parties' daughter, Marissa, and the Father shall have primary physical custody of the parties' son, Brock. 5. Pendin~ further Order of Court or a~reement of the parties, the parties shall alternate havin~ custody of both Children on weekends. The Father's weekend periods of custody of both Children shall run from Friday afternoon through Sunday evenin~ with the times to be arranged by a~reement of the parties. The Mother's weekend periods of custody shall run from Friday afternoon through Sunday mornin~ before church to enable the Father to take the Children to church and to visit relatives unless otherwise a~reed between the parties. ' The Mother shall have custody of Brock and Marissa durin~ after school hours every Monday and the Father shall have custody of Marissa and Brock durin~ after school hours every Thursday. The partial custody arrangements under this provision shall be~in with the Father havin~ custody of both Children on the first weekend after the school year begins in 2001 and the weekday periods of partial custody shall be~in durin~ the followin~ week. 6. Pendin~ a~reement of the parties otherwise or futher Order of Court, the Mother shall ensure that James Mardis is not present durin~ the Mother's periods of custody with Brock. 7. Within 90'days of the date of this Order, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference to review the custody arrangements. 8. This Order is entered pursuant to an a~reement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ESLEY J. Cc- Bruce F. Bratton, Esquire Kristen R. Reinhold, Esquire ~ SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS Plaintiff/Respondent · CUMBERLAND COUNTY, PENNSYLVANIA v. 'NO. 01-1924 · MICHAEL R. WARNER, ' CIVIL ACTION- LAW Defendant/Petitioner · IN CUSTODY AND NOW comes the Petitioner, Michael R. Warner, hereinafter referred to as Father, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully petitions this Honorable Court to modify its Order dated August 16, 2001, based upon the following: 1. The parties hereto are the natural parents of two children, namely Brock M. Warner, bom September 12, 1987, and Marissa K. Warner, bom June 10, 1990. 2. An Order of Court was entered by the Honorable J. Wesley Oler, Jr., on August 16, 2001, relative to custody of the subject minor children. Pursuant to the terms of said Order, Father has primary physical custody of Brock M. Warner, while Mother has primary physical custody of Marissa K. Warner. The parties share legal custody of both children. Additionally, both parties enjoy alternating weekends and one evening per week with both children. A copy of the Order of Court dated August 16, 2001, is attached hereto and incorporated herein. 3. For the past several months, the subject minor child Marissa K. Warner has indicated a preference to live w/th her Father. 4. Since the parties' separation in late 2000, Mother has left and continues to leave both children for lengthy periods of time unsupervised, including evening and nighttime hours. 5. It is believed and therefore averred that Mother intends on moving herself and the subject minor child Marissa K. Warner into the home of her paramour, who is not yet divorced. 6. It is believed and therefore averred that it is not in the best interests of the subject minor children that they be exposed to this environment, as both children were raised with strict religious beliefs during the parties' marriage, and continued to be raised with those beliefs when they are in the custody of their father. 7. Both of the subject minor children are highly involved in their church and attend parochial school, and as such have indicated confusion and disillusionment with their mother's current lifestyle. 8. It is believed and therefore averred that Father could provide a more wholesome, nurturing environment for the subject minor child, Marissa K. Warner. 9. It is believed and therefore averred that the best interests of the subject minor children will be served by aWarding Father primary physical custody of the subject minor children. 5922 IJnglesto~ Road Harrisburg, PA 17112 (717) 671-1500 ID No. 57911 Attorney for Petitioner SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBER~ COUNTY, PENNSYLV~IA vs. · NO. 01-1924 CIVIL TERM · MICHAEL R. WARNER, · CIVIL ACTION - LAW Defendant · IN CUSTODY O_RI)ER OF COURT AND NOW, this _ //.~ day of ~ 2001 upon consideration of the attached Cu iation Report it is ordered and directed as follows- 1. The prior Order of this Court dated May 17 2001 is vacated and replaced with this Order. ' 2. The Mother, Shirley G. Warner, and the Father, Michael R. Warner, shall have shared legal custody of Brock M. Warner, born September 12, 1987, and Marissa K. Warner, born June 10, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's ~eneral well-bein~ including, but not limited to, all decisions regarding their health, education and religion. 3. The parties and the Children shall continue in their course of family counseling at Guidance Associates for the purpose of addressing conflicts which have arisen in the family due to the parties' separation and working toward the goal of maximizin~ the Childrens'contact with both parties. The parties shall follow the recommendations of the counselor wi th re~ard to the frequency and duration of counseling as well as any recommendations concerning custody arrangements which will best serve the interests of the Children. 4. The Mother shall have primary physical CUstody of the parties' daughter, Marissa, and the Father shall have primary physical custody of the parties' son, Brock. 5. Pending further Order of Court or agreement of the parties, the parties shall alternate having custody of both Children on weekends. The Father's weekend periods of custody of b~th Children shall run from Friday afternoon through Sunday evening wi th the times to be arranged by a~reement of the parties. The Mother's weekend periods of custody shall run from Friday afternoon through Sunday mornin~ before church to enable the Father to take the Children to church and to visit relatives, unless otherwise a~reed between the parties. The Mother shall have custody of Brock and Marissa durin~ after school hours every Monday and the Father shall have custody of Marissa and Brock durin~ after school hours every Thursday. The partial custody arrangements under this provision shall be~in with the Father havin~ custody of both Children on the first weekend after the school year begins in 2001 and the weekday periods of partial custody shall be~in durin~ the followin~ week. 6. Pendin~ a~reement of the parties otherwise or futher Order of Court, the Mother shall ensure that James Mardis is not present durin~ the Mother's periods of custody with Brock. 7. Within 90 days of the date of this Order, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference to review the custody arrangements. 8. This Order is entered pursuant to an a~reement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ' Cc- Bruce F. Bratton, Esquire KrisZen R. Reinhold, Esquire I....- £ COPY FROM RECORD end / ~¥ nto set my hand of s~Jd ~rlisle, Pa. rothonote~ ' AFFIDAVIT I, Michael R. Warner, hereby certify that the aforegoing is tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unswom falsifications to authorities. Dated' Michael R. Warner C) c:) 0 ~ t,'t ~;c: ~ Gm SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS Respondent/Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. 'NO. 01-1924 · MICHAEL R. WARNER, · CIVIL ACTION- LAW Petitioner/Defendant · IN CUSTODY PETITION FOR CONTEMPT AND NOW comes the Petitioner/Defendant, Michael R. Warner, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court find the Respondent in Contempt of the Order of Court dated August 16, 2001, and in support thereof avers the following: 1. The parties hereto are the natural parents of two subject minor children, namely Brock M. Warner, born September 12, 1987, and Marissa K. Warner, born June 10, 1990. 2. Pursuant to the terms of this Court's Order of August 16, 2001, the parties exercise shared legal and physical custody wherein Petitioner, hereinafter referred to as "Father", has primary physical custody of Brock M. Warner, while the Respondent, hereinafter referred to as "Mother", has primary physical custody of Marissa K. Warner. The parties alternate having custody of both children on weekends. As well, Father has custody of both children after school hours every Thursday, while Mother has custody of both children after SChool hours every Monday. A Copy of the Court Order dated AUgust 16, 2001, marked Exhibit "A" is attached hereto and incorporated herein. On July 17, 2002, Mother contacted Father by telephone at 9:00 p.m. and informed him that she was going on vacation on July 18, 2002, with the subject minor child, Mar/ssa K. Warner, and would be gone through the weekend. Father informed Mother that it was his weekend to have the children and his family was having a large reunion over the weekend, and he wanted his daughter to attend. As well, Father informed Mother that Thursday was also his evening to have custody of Mar/ssa. Father told Mother that he Would be willing to waive his time if, after speaking to his daughter, she indicated that she would prefer to go on vacation with her mother, rather than going with him on Thursday night and Friday through Sunday. Mother then made an excuse why his daughter could not COme to the phone. He then asked Mother to have her call him that night. Neither Mother nor Mar/ssa contacted Father for the remainder of the night. Father then left a message on Mother's answering machine indicating that he expected a call from his daughter by 8:00 a.m. the next morning (July 18, 2002) or else he Would object to her violating the terms of the Court Order. Father received a telephone call from his daughter on July 18, 2002 at 8:00 a.m. wherein daughter indicated that she did not want to go on Vacation with her mother and mother's paramour, and that she wanted to stay with her father. Father told Mother at that point that he objected to her going on vacation as it was his custodial time. Mother told Father she was going to go on vacation anyway. 4. Prior to July 17, 2002, Mother had given no indication or notice to Father that she was taking a vacation from July 18, 2002 through July 22, 2002, despite the fact that she knew it was Father's court-ordered custodial time and Father's family was having a family reunion over that weekend. 5. Father filed a Petition to Modify Custody on or about June 18, 2002, requesting primary physical custody of his daughter, Marissa K. Warner. Father's primary reason for seeking a modification of custody was based upon his daughter's desire to come live with him. 6. It is believed and therefore averred that Mother's impulsive decision to take a vacation over his weekend is motivated by a desire to alienate Marissa K. Warner from her father's extended family. 7. Pursuant to the terms of the Custody Order dated August 16, 2001, Mother's alternating weekend of custody with both children is to run from Friday afternoon through Sunday morning before church to enable Father to take the children to church and to visit relatives. Since the entry of the Order, Mother has been driving the parties' daughter to church on alternating Sunday mornings so that she may attend with her father. 8. Since Father filed his Petition to Modify Custody on or about June 18, 2002, Mother has failed to bring the parties' daughter to church on alternating Sunday mornings, thereby depriving Father of his Sunday visitation with his daughter. 9. Since the entry of the Order of Court dated August 16, 2001, Mother has cooperated with Father in transporting the parties' daughter to Father's church on Wednesday evenings for Youth Group. 10. Since the filing of Father's Petition for Modification on or about June 18, 2002, Mother has failed to bring the parties' daughter to Youth Group at Father's church on Wednesday evenings. 11. Mother has willfully violated the terms of this Court's Order dated August 16, 2001 by depriving Father of his Thursday evening visitation with his daughter on July 18, 2002, by depriving Father of his custodial weekend on July 19, 2002, and by failing to make the parties' daughter available for attendance at Father's church on alternating Sundays. 12. Mother's failure to honor the terms of this Court's Custody Order of August 16, 2001 indicates a flagrant disregard for the best interests of the subject minor child, Marissa K. Warner. ~AFFIDAVIT ~, ~ ~rlrae_r, hereby certify that the aforegoing is true and correct to the best of'my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unswom falsifications to authorities. SHIRLEY G. WARNER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-1924 CIVIL ACTION LAW MICHAEL R. WARNER ' DEFENDA~ ' IN CUSTODY __ORDER OF COURT AND NOW, Friday, Jul.~__y 26, 2002 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunda~, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesd~t 27, 2002 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ awn . unda Es. ~'~ Custody Conciliator The Court of Common Pleas of Cumberland Cotmty is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff · SHIRLEY G. WARNER · Plaintiff · : NO. 01-1924 ¥. · · MICHAEL R. WARNER Defendant · CIVIL ACTION - CUSTODY ANSWER WITH COUNTERCLAIM Answer 1. Admitted. 2. Plaintiff ("Mother") admits that the Court entered a consent order on August 16, 2001. By way of further answer, the order speaks for itself. 3. Mother denies this allegation as stated. By of further answer, Mother incorporates by reference the averments set forth in her counterclaim. 4. Denied. Mother denies that she leaves Brock and Marissa, who are 14 and 12 years old, respectively, alone and unsupervised for lengthy periods of time, and demands strict proof of this allegation at trial. 5. Admitted in part; denied in part. Mother admits that she intends to marry James Mardis, whose divorce is still pending. Mother further admits that she moved into his residence on July 1, 2002. Mother denies that Marissa does not get along with James. By way of further answer, under well-established law, a pareto's sexual conduct is not relevam in a custody proceeding unless it has a direct harmful or negative effect on the child. See generally, Michael T. L. v. Marilyn J. L., 363 Pa. Super. 42, 525 A.2d 414 (1987). 6. Mother denies that the children are harmed by her relationship with Mr. Mardis, and therefore demands strict proof of this allegation at trial. By way of further answer, Mother incorporates by reference the averments set forth in her counterclaim. 7. Mother denies that the children are confused and therefore demands strict proof of this allegation at trial. By way of further answer, Mother incorporates by reference the averments set forth in her counterclaim. 8. Mother denies that Defendam-Father can provide a more wholesome and nurturing environment for Marissa than Mother can. By way of further answer, Mother incorporates by reference the averments set forth in her coumerclaim. 9. Mother denies that the children's best interest will be served by awarding Father primary custody of the children. By way of further answer incorporates by reference the averments set forth in her coumerclaim. Wherefore, Plaintiff requests that the court deny Defendam's modification petition. Counterclaim for Custody 10. Counterclaim Plaintiff ("Mother") incorporates by reference the averments set forth in the preceding paragraphs. 11. Mother curremly resides with the parties' daughter, Marissa (dob' 06/10/90), at 1010 Chppenham Road, Mechanicsburg, Cumberland County, Pennsylvania. 12. Counterclaim Defendam ("Father") resides with the parties' son, Brock (dob' 09/12/97) at 321 West Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. 13. Mother believes and therefore avers that: a. Father has not let go of his anger toward Mother regarding her decision to leave the marriage. b. Father cominually seeks ways of punishing Mother, which is evidenced in part by his allegation that the children are "disillu- sioned" with Mother. See Petition at ¶ 7. c. the children are not confused. d. the only person "suffering" as a result of Mother's relationship with James Mardis is Father. 14. Mother believes and therefore avers that James Mardis is a good person and a positive role model who has much to offer both Brock and Marissa. 15. Although Mother agreed initially to the restriction on Mr. Mardis' contacts with Brock, she now believes that this was ill-advised and has served only to reinforce Father's negative attitude. 16. Mother believes and therefore avers that the parties, the children, and Mr. Mardis should submit to a custody evaluation to address these issues in advance of trial. 17. Mother believes and therefore avers that an assessment by an independent custody evaluator will: t a. confirm Father's misguided attempts to influence the children negatively against Mother and Mr. Mardis. b. put to rest Father's allegations that the children are harmed by Mother's relationship with her future husband. Wherefore, Counterclaim Plaintiff requests the court to direct the parties to secure a custody evaluation in advance of trial, with the costs of the evaluation to be shared by the parties on a pro-rata basis according to their income levels. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaimiff Date. July 30, 2002 VERIFICATION I, Shirley G. Warner, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date' _~ .~ ,2002 PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service via fax addressed as follows: Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Custody Conciliator Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA ! 7 ! 12 Attorney for Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: July 31, 2002 SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · 01-1924 CIVIL ACTION LAW · MICHAEL R. WARNER, . Defendant · IN CUSTODY PRIOR JUDGE- J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report- 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brock M. Warner September 12, 1987 Father Marissa K. Warner June 10, 1990 Mother 2. A Conciliation Conference was held on August 1, 2002, with the following individuals in attendance: The Mother, Shirley G. Warner, with her counsel, Theresa Barrett Male, Esquire, and the Father, Michael R. Warner, with his counsel, Kristen R. Reinhold, Esquire. 3. The Father filed this Petition for Modification requesting primary custody of the parties' daughter, Marissa. The parties agreed to attempt to resolve the issues addressed by the Father and additional concerns raised by the Mother through the custody evaluation process. The parties were not able to agree on mutual requests for interim modification to the existing Order pending the completion of the evaluation. Therefore, the prior Order dated August 16, 2001 will continue in effect. Paragraph 6 of that Order provides that "...the Mother shall ensure that James Mardis is not present during the Mother's periods of custody with Brock." The parties initially agreed to this provision based on the Child's opposition to having any contact with James Mardis. The Father is not willing to compel Brock to have contact with Mr. Mardis although the Father does not have any personal objection to the contact if Brock is willing. As discussed at the Conference, in the event Brock indicates his willingness to spend time with Mr. Mardis, the Father agreed not to withhold his consent. However, initiation of the contact should be accomplished through discussion and agreement between the parties as provided in the August 16, 2001 Order to prevent either a misunderstanding between the parties or excessive responsibility on the Child's part. 4. The parties agreed to entry of an Order in the form as attached. Date ' 0 ' - - D Custody Conciliator SHIRLEY G. WARNER, ·IN THE COURT OF COMMON PLEAS OF Plaintiff ·CUMBERLAND COUNTY, PENNSYLVANIA vs. ·01-1924 CIVIL ACTION LAW MICHAEL R. WARNER, ' Defendant · IN CUSTODY ORDER OF COURT. AND NOW, this L~ ~4 day of .Ft~ ~,.~ ~[ , 2002, upon consideration of the attached Custody Conciliation Report, it i~ ordei, e'd and ~lirected as follows: 1. The parties shall submit themselves, their Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by agreement of the parties. The purpose of the evaluation shall be to address issues which have arisen with respect to the current custody arrangement and to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the Children's needs and interests. All costs of the evaluation shall be equally shared by the parties. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated August 16, 2001 shall continue in effect. 3. Within 60 days of receipt of the evaluation recommendations, in the event the parties are not able to resolve all of the custody issues by agreement at that time, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference on the earliest possible date. BY THE COURT, J. ~-isten R. Reinhold, Esquire - Counsel for Father SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · V. ' · MICHAEL R. WARNER, ' Defendant · 01-1~24 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of August, 2002, upon consideration of the attached Petition for Emergency Relief, it is hereby ordered and directed that the child shall continue to attend Bible Baptist School in Shiremanstown, Pennsylvania, pendin~ further order of this Court or by a~reement of the parties. By the Court, Edward E. Guido, J. /Theresa Barrett Male, Esquire For the Plaintiff /Kristin R. Reinhold, Esquire For the Defendant 0' -30 Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBE~A~ COUNTY, PENNSYLVANIA · VS. · 01-1924 CIVIL ACTION LAW MICHAEL R. WARNER, Defendant · IN CUSTODY PRIOR JUDGE. Edward E. Guido IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brock M. Warner September 12, 1987 Father Marissa K. Warner June 10, 1990 Mother 2. A Conciliation Conference was held on September 11, 2002, with the following individuals in attendance: The Mother, Shirley G. Warner, with her counsel, Theresa Barrett Male, Esquire, and the Father, Michael R. Warner, with his counsel, Kristen R. Reinhold, Esquire. 3. In early August 2002, this Court entered an Order following a Conciliation Conference under which the parties shall submit themselves and their Children to a custody evaluation to be performed by Arnold Shienvold, PhD. Due to Dr. Shienvold's full schedule, the evaluation will not begin until November. The purpose of the evaluation is to obtain recommendations concern/ng ongoing custody arrangements as the Father has filed a Petition for primary custody of the parties' daughter, Marissa, who currently lives with the Mother. The parties' son, Brock, presently resides with the Father. Following entry of the August 2002 Order, an issue arose with respect to Marissa's school enrollment. The Mother believes that it would be best to transfer the Child to the Cumberland Valley School District and the Father believes the Child should remain in Bible Baptist School, where she has been enrolled in prior years. Counsel for the parties confirmed that the parties had reached an interim agreement that the Child would attend Bible Baptist School which eliminated the need for a Conference prior to the first day of school. However, as Marissa did not attend school on the first day and was taken by the Mother to public school in the Cumberland Valley District on the 2nd day, the Father filed an Emergency Petition. After speaking with the Child, the Court issued an Order dated August 29, 2002 providing for the Child to continue enrollment in the Bible Baptist School. 4. After entry of the August 29, 2002 Order, as the Child had been marked tardy on several days by the Bible Baptist School, the Father filed a Petition for a Conciliation Conference to discuss the problem and prevent ftmher disruption of the Child's school attendance pending the custody evaluation. At the September 11, 2002 Conference three alternatives to ensure the Child's timely attendance at school were discussed, including the Child tiding the bus, the Father picking up the Child in the morning and transporting her to school, and the Mother adjusting the morning schedule to ensure that the Child is on time. The Mother did not accept the Father's proposal to provide transportation and indicated instead that she preferred to take the Child to school earlier than she had been in order to avoid the traffic. The Father agreed, but indicated his intention to file an emergency interim request for primary custody of Marissa pending completion of the evaluation in the event of further tardiness to school or unexcused absences. The Mother provided her assurance at the Conference that she would transport the Child to school on time. The Father raised an additional concern at the Conference regarding the Mother's failure to make Marissa available for church on Sunday morning as provided in the current Order. Although it was understood by the parties that any enforcement issues concerning this provision would be addressed at the September 26, 2002 Conference scheduled on the Father's Petition for Contempt, the parties agreed that clarification as to transportation was necessary. The parties agreed that the Mother would drive Marissa to the Father's church during her weekend periods of custody unless otherwise agreed between the parties. 5. The parties agreed to resolve the concerns raised at the Conference informally as described in this Report without the necessity of an additional Order at this time. However, in the event the Child continues to be late for school, it is anticipated that the Father will file a request directly with the Court for an immediate transfer of primary custody of the parties' daughter, Marissa. Date ~cr_)/ .~ Custody Conciliator cc' Kristen R. Reinhold, Esquire- Counsel for Father ~ "-"" .'..:::~ ~ ~""- ) Theresa Barrett Male, Esquire- Counsel for Mother :-':'~:':'. ".'~ .... -r..'.. :,-~.. . ~,~ ~-~'-', ;"~ --~j -' '"7'~'; · r'.,",'. " ~ ,-.::? '- ..' 2,5', .... ......., F :'~ :.,. .- . · , . -.'.::--.. ~.. -, ... :'..:~ .... ,,, ~'...:: ... (-,'... cT'...,.C' "~ CZ t .-,.'.; .-~ .~ -"{ ] l':'..: " ~'I I"~j.j :.,.'_:.., ...:~ .'--. '.'..!Z ~.' --'- ·. '" F-;,:._ .... ~.:.:.. - . .. ..,.-.-_," ;.- _ .... · .: ..,.~_ ,.. . , .: · . ., 5:... C _- . ... .... · ,.. . ...... :.i r':' .... __..~'~-~ · ~*~.,. ..... _.,... SHIRLEY G. WARNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. · 01-1924 CIVIL ACTION LAW MICHAEL R. WARNER : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 13, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September 11, 2002 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT .AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SHIRLEY G. WARNER, · 1N THE COURT OF COMMON PLEAS Plaintiff/Respondent · CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. 01-1924 · MICHAEL R. WARNER, · CIVIL ACTION- LAW Defendant/Petitioner · IN CUSTODY MOTION TO SCHEDULE CUSTODY CONCILIATION AND NOW comes the Movant, Michael R. Warner, Defendant in the above-captioned custody action, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully moves this Honorable Court to schedule a custody conciliation based upon the following: 1. Defendant filed a Petition to Modify on or about June 18, 2002, which resulted in the entry of an Order of Court dated August 15, 2002. Pursuant to the terms of the Court's Order of August 15, 2002, the parties were to submit themselves for a custody evaluation to be performed by Arnold Shienvold, Ph.D. 2. Due to the schedule of the appointed custody evaluator, the parties are not scheduled for their initial appointments until the beginning of November of 2002. 3. Issues have arisen concerning school absenteeism and difficulties with the holiday schedule, which need to be addressed prior to the performance of the custody evaluation. WHEREFORE, Defendant respectfully requests this Honorable Court schedule this matter for a custody conciliation. Sinc . tiC. Reinhold KRR/bbl r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY G. WARNER · Plaintiff · · v. · NO. 01-1924 · MICHAEL R. WARNER · Defendant · CIVIL ACTION - CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Theresa Barrett Male, Esquire and enter the appearance of Susan Kay Candiello, Esquire as counsel for Plaintiff in this proceeding. heresa Barrett Male, Esqu~~/~ Date' September_ -_~.ff ,2002 - san Kay C~, Esquire Date' September_ ,~ ~ ,2002 SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · 01-1924 CIVIL ACTION LAW MICHAEL R. WARNER, ' Defendant · IN CUSTODY ORDER OF COURT AND NOW, this //0 ~ day of ~ ., 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pursuant to paragraph 5 of the prior Order of this Court dated August 16, 2001, the Mother shall transport the Children to the Father's church so that they arrive for class no later than 9' 15 a.m. during weekends when the Mother has custody of the Children on Sunday morning. 2. The Mother shall pay to the Father or the Father's counsel the amount of $750.00 on or before October 1, 2002. This payment shall be made as reimbursement for counsel fees incurred by the Father in connection with the Petition for Contempt. 3. Upon receipt of the $750.00 payment, the Father agrees to either withdraw or refrain from pursuing his claim for counsel fees in connection with obtaining the Emergency Relief Order signed by this Court on August 29, 2002. Edward E. Guido, J. cc: Kristin R. Reinhold, Esquire - Counsel for Father Susan K. Candiello, Esquire - Counsel for Mother /MI..I'll :~.~'-.-' '"':'-"" ''"'~-' .. 1 ~3~ ! f '".'-. ::' '" · ' ' .,~ ' '" ..:-~- ~i~ ~, ~,~., .' ..... ::i -~-:'""5 .~],_C.7 ~":~.-.' '.. . SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · 01-1924 CIVIL ACTION LAW MICHAEL R. WARNER, ' Defendant · IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows' NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brock M. Warner September 12, 1987 Father Marissa K. Warner June 10, 1990 Mother 2. A Conciliation Conference was held on September 26, 2002, with the following individuals in attendance: The Mother, Shirley G. Warner, with her counsel, Susan K. Candiello, Esquire, and the Father, Michael R. Warner, with his counsel, Kristen R. Reinhold, Esquire. 3. The parties agreed to an Order in the form as attached. ~- Dawn S. Sunday, Esquire Date Custody Conciliator · · SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · 01-1924 CIVIL ACTION LAW MICHAEL R. WARNER, · Defendant · IN CUSTODY ORDER OF COURT AND NOW, this ~'~" ~ day of _~~ ~ ,2003, upon consideration of the attached Custody Conciliation Repol~, it is ordered and directed as follows: 1. All prior custody Orders are vacated and replaced with this Order. 2. The Mother, Shirley G. Warner, and the Father, Michael R. Warner, shall have shared legal custody of Brock M. Warner, bom September 12, 1987, and Marissa K. Warner, bom June 10, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Children. 4. During the school year, the Mother shall have partial physical custody of the Children on alternating weekends from Friday after school through Monday before school and every Tuesday after school through Wednesday before school. In addition, during weeks immediately preceding the Father's alternating weekend periods of custody, the Mother shall have custody of the Children from Friday aider school until 9:00 pm, unless the Father notifies the Mother by the preceding Wednesday that he has plans for the Children, in which event, the Mother's Friday evening period of custody shall end at 7:00 pm. 5. During the summer school break each year, the parties shall alternate having custody of the Children on a weekly basis, with the exchange to take place every Monday morning at 9:00 am. The summer custody schedule shall begin in 2003 with the Mother having custody of the Children from July 15 through July 18, the Father having custody from July 18 through July 25, and the Mother having custody from July 25 through August 4. Thereafter, the alternating weekly schedule shall continue with the exchanges taking place every Monday. The summer custody schedule shall begin each year on the first Monday after the end of the school year, with the party having custody who did not have custody of the Children over the immediately preceding weekend. The summer custody schedule shall terminate on the last Monday before the beginning of the school year and the alternating weekend schedule shall continue without interruption through the transition to the school year schedule. 6. In the event the custodial parent is working on a sick day or snow day, that parent shall cooperate in giving the other parent priority in providing care for the Child/Children to the extent that it is appropriate under the circumstances. 7. The parties shall have custody of the Children on holidays as follows: A. ALTERNATING HOLIDAYS' The parties shall alternate having custody of the Children on New Years Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. The alternating holiday schedule shall begin with the Mother having custody of the Children on Labor Day in 2003. The specific times for exchange of custody over holidays shall be arranged by agreement of the parties. B. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 9'00 am until 6:00 pm. C. MONDAY HOLIDAYS' On Monday school holidays (which are not part of the holidays listed in subparagraph A of this provision) the Mother shall have custody of the Children from 9:00 am until 6:00 pm, in the event the Mother is off work and the Father is working. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. The Mother shall be responsible to provide transportation for exchanges of custody on her alternating weekend periods of custody, interim Friday periods of custody and Monday school holiday periods of custody. The parties shall share the responsibility for providing transportation for all other exchanges of custody as arranged by agreement. 9. The parties shall select a counselor by mutual agreement as soon as possible. The purpose of the counseling shall be to assist the Children and the Mother in resolving any adjustment problems relating to the custody schedule as they arise. The Father shall participate in the counseling as recommended by the therapist. The parties shall notify each other of any counseling appointments which have been scheduled involving the Children. SHIRLEY G. WARNER, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBE~AND COUNTY, PENNSYLVANIA 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 1'1. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc:~¢~ristin R. Reinhold, Esquire - Counsel for Father Ausan K. Candiello, Esquire - Counsel for Mother Oa'