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HomeMy WebLinkAbout04-4167 Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 04-41(,1 Ciu~L t-~ JAMES E, ALLEN, III, vs, KRlSTIE NEIBEL, Defendant : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW, this day of August, 2004, comes the Plaintiff, JAMES E. ALLEN, III, by his attorney Michael D. Rentschler, Esquire, who files the within Complaint in Custody, and respectfully avers the following: 1. Your Plaintiff is James E. Allen, III, an adult individual who currently resides at 2502 Live Oak, Dallas, Texas 75204. 2. The Defendant is Kristie Niebel, an adult individual who currently resides at 29 N, 23rd Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant are the natural parents of one minor child, namely, Makoa J. Allen, hereinafter referred to as "Child" who was born on September 2, 2002, in Kuwai, Hawaii. 4. The Child has lived with the following persons at the following addresses at the following times: a. From birth to June 2003, in Hawaii, with Defendant and Defendant's roommate; b. From June 2003 to March 2004, at 2110 Mayfred Lane, Camp Hill, Cumberland County, PA, with Defendant and Defendant's parents, Doug and Yolanda NeibeI; c, From April 2004 to Present, at 29 N. 23rd Street, Camp Hill, Cumberland County, P A, with Defendant. 5. Plaintiff believes that it is in the Child's best interest that he is granted joint legal custody and partial physical custody with Child for the following reasons: a, Although Plaintiff resides in Texas, he has maintained contact with the Child, has visited with the Child, has financially supported the Child and desires to continue a more meaningful relationship with the Child with defined times for partial physical custody; and b. Plaintiff is the loving natural father of the Child and there is no rational basis for denying him joint legal custody and partial physical custody of the Child. 6. The Court of Common Pleas of Cumberland County has jurisdiction in this case since Defendant and Child have resided in Cumberland County, Pennsylvania in excess of the statutorily prescribed length of time. 7. There have not been any actions for custody of the minor Child in Pennsylvania or elsewhere, WHEREFORE, it is respectfully requested that this Honorable Court award Plaintiffwith joint legal custody and partial physical custody. Respectfully submitted, ~/?- ~ . - '/'~ -~ ;?--~:.;;?-.:? , Michael D. Rentsc 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Supreme Court ID # 45836 Attorney for Plaintiff ~ /~~ er, Esquire VERIFICATION I, James E. Allen, Ill., Plaintiff herein, do hereby swear and affirm that the statements contained in this Complaint for Custody are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unsworn falsification to authorities. Date: _1 / 'B I tJ 'I ~~f.lJA~ JY:S E. ALLEN, III ~ -cq p ~ B t ~ Lr, 'i; V1 \Y .c: '& ~ ~ pc. -c:. --.J :n i=- ~ g JAMES E. ALLEN, III PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-4167 CIVIL ACTION LAW KRISTIE NElBEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 07, 2004 , the conciliator, at 9:30 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 exislting Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours Ilrior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gill-oy, Esq. Custody Conciliator mhc 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 '?f?A ~ ~ ~~ ~ AC;ZC"p -~ 7t ~.z..y ~u: 4(/1 C'-p ~ ~ p; ~-':m ~ -~ /7(l.~'6 VIN'vi\lASNN3d I I Nnrn r",.',r'H:'::;1Ai,n" AI.. . \.-."'- \oJ;' I........f'i V 2lJ :1; ~Id z- d3S ~OOZ AUV10NOHlOtld 3Hl :JO :Dl:1:Io-G31L:l JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW KRISTIE NEIBEL, Defendant NO. 04-4167 IN CUSTODY COURT ORDER AND NOW, this 22, 11 day of February, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. ~ of the Cumberland County Court House on the 2M day of ~ ,2005 at 0-1-. m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. In the event Father makes plans to come to the Cumberland County area during any time frame prior to the hearing in question, legal counsel for the Father may contact the Conciliator for a conference call with legal counsel for the Mother in an effort to work out a period of visitation for the Father at that time. The Conciliator may file a supplemental report with the Court scheduling Father's periods of visitation. If during that time Mother desires to have any type of evaluation accomplished of the Father, Father shall cooperate in the evaluation conditional upon the Mother paying all the costs of the evaluation. The evaluation would need to be scheduled consistent - . with any period of time Father schedules for a visit in Cumberland County. Results of the evaluation would be shared with both parties. BY THE COURT, '/{I i--? J dge CC~bara SumpIe-Sullivan, Esquire ~ I .. f") ') :::R::;:re ~ ~~_ ~ ,Jb3/tJ5' ;iU ~ 0;). - ~ -06 . ry FES 1 'l2005 .J lJ;\' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ... JAMES E. ALLEN, III, Plaintiff v CIVIL ACTION - LAW KRISTIE NEIBEL, Defendant NO. 04-4167 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: Makoa J. Allen, born September 02, 2002. 2. A Conciliation Conference was held on Febrnary 10, 2005, with the following individuals in attendance: Present were the Father, James E. Allen, III, with his counsel, Michael D. Rentschler, Esquire, and the Mother, Kristie Neibel, with her counsel Barbara Sumple-Sullivan, Esquire. 3. There appears to be a history in this case where the parties can't agree on a number of issues. Father has had limited contact with the minor child and Father is currently living in Texas. Mother is suggesting Father needs to have a custody evaluation and that the Father also needs to go through a periodic visitation situation prior to any type of more expanded visitation, especially before the Father would take the child back to Texas. The Father feels the Mother is basically being unreasonable with respect to the request for an evaluation and the Father desires to institute a specific period of custody with the child as soon as possible. The parties are unable to reach an agreement and the Conciliator believes a hearing is required. The Conciliator recommends an Order in the form as attached. ;:2-lLr 0,) DATE GJ '* ,\7 . JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PlEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 04-4167 CIVIL TERM KRIESTIE NIEBEL, Defendant IN CUSTODY IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 2nd day of May, 2005, upon consideration of Plaintiff's Complaint for Custody in the above-captioned matter with respect to the parties' child, Makoa J. Allen (date of birth September 2, 2002), and pursuant to an agreement of the parties in open court and dictated by their respective counsel, Michael D. Rentschler, Esquire, and Barbara Sumple-Sullivan, Esquire, it is ordered and directed as follows: The parties shall share legal custody of their minor child, Makoa J. Allen. Primary physical custody of the minor child shall be with the Mother. Father shall have periods of visitation and partial custody with the child as follows: A. During the month of June, from June 18th, 2005, to June 25th, 2005, when Father shall travel to Pennsylvania to be with the minor child. During this period Father shall be given expanded rights of unsupervised contact and overnight visits as deemed appropriate by both parties, B. August 12th, 2005, through August 17th, 2005, Father shall travel to pennsylvania and visit with his son here, again, with the phase in of expanded rights of unsupervised contact, and overnight visitation shall occur as can be agreed to by the parties. C. From October 7th, 2005, through Octoner 9th, 2005, Mother shall take the child to Texas for periods of N f.;; ..:s ~~~i ~:~ ~ y'c, .;~: .~ (..,)i:,:: f'~..LL Li-\U~ -:d l:J C1- "'J: ;.- tJ.- o ~:C <""> \ ::--: '''~::.-; ".- ,-0 C', "'.;- ,..... ---- ;.. . visitation with Father. Mother shall actually stay at Father's residence during that time period to facilitate the transition between the households. D. December 26th, 2005, through December 31st, 2005, Mother shall, again, travel to Texas and stay in Father's household to allow for a transition period for Makoa. E. From March 11th, 2006, to March 18th, 2006, Father shall visit with the child here in Pennsylvania, again with the expansion of overnights, and contact will be by the agreement of the parties. F. April 13th, 2006, through April 17th, 2006, Mother shall again travel to Texas and stay in Father's residence at that point to allow for transition for the child. G. From May 25th, 2006, to June 2nd, 2006, Mother shall initially take the child to Texas, spend some time with the child there, and return and allow Father a reasonable number of days during that visit to be alone with the child in Texas. It's the intention of the parties to vary the extent of supervised contact based on how the child is progressing with the attachment, and both parties agree to use their best faith efforts to work with that to facilitate a good relationship with the child. The parties agree that Father shall pay the full airfare for Makoa on the trips to Texas. The costs of airfare for each of the parties' visits either to Pennsylvania or to Texas shall be their own individual costs. The parties also agree that they shall split the fee of Dr. Shienvold equally for his assistance in formulating this agreement. . . It is the intention of the parties that this matter will be reviewed after the first week of vacation for next summer, which is the May 25th, 2006, to June 2nd, 2006, vacation break, either through conciliation or upon petition for further hearing. By the Court, ~chael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 For the Plaintiff ~rbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 For the Defendant :mae \ '-v. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PAl 7070 (717) 774-1445 JAMES E ALLEN, III, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY KRISTI C. NIEBEL, Petitioner : NO. 04-4167 PETITION FOR MODIFICATION OF CUSTODY ORDER I. Petitioner is Defendant, Kristi C. Niebel, an adult individual residing at 29 N. 23rd Street, Camp HilI, Cumberland County, Pennsylvania 17011. 2. Respondent is Plaintiff, James E. Allen, III, an adult individual residing at 1409 North Zang Boulevard, #634, Da\1as Texas 75203. 3. Petitioner seeks to amend the current Custody Order regarding the fo\1owing child: NAME ADDRESS DOB Makoa J. Allen 29 N. 23rd Street Camp Hill, PA September 2, 2002 The child is currently in the primary custody of Petitioner who resides at 29 N. 23rd Street, Camp Hi\1, Cumberland County, Pennsylvania 17011. During the last five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Petitioner and child 1970 Hana Lima Street Lihue, Hawaii 9/2/2002-6/2003 Petitioner, child and Petitioner's parents, Yolanda and Doug Niebel 2110 Mayfred Lane Camp Hill, P A 6/2003-2/1/2004 Petitioner and child 29 N. 23rd Street Camp Hill, PA 2/1/2004-Present (petitioner's Mother resided temporarily with her due to her job.) The Mother of the child is Petitioner, Kristi Niebel, who is currently residing 29 N. 23rd Street, Camp Hill, Cumberland County, Pennsylvania. She is single. The Father of the child is Respondent, James E. Allen, III, who is currently residing at 1409 North Zang Boulevard, #634, Dallas, Texas 75203. He is married. 4. The relationship of the Petitioner to the child is that of Mother. The Petitioner currently resides with the child. 5. The relationship of the Respondent to the child is that of Father. The Respondent 2 currently resides with his wife, Leslie Allen and his infant son. 6. Petitioner and Respondent had previously participated in a custody proceeding in this Court. A copy of the Custody Order dated May 2, 2005, is attached hereto as Exhibit "A" and incorporated herein by reference. 7. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 8. Petitioner does not know of a person not a party 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 because Respondent has failed to follow the current custody order. The Order was entered by the parties' agreement to comport with the recommendations of Arnold T. Shienvold, Ph.D to create a schedule which would allow for the establishment of some bonding between the child and his Father. Father and child had very limited contact. Pursuant to the last Order, the child was to have short visits with Respondent in an environment where the child feels safe and comfortable before he was to be taken to Father's environment. These short visits required Respondent to come to Pennsylvania and were to help the Respondent and child form a relationship with each other. Respondent has failed to visit the child for the periods ofJune 18, 2005 through June 25,2005 and August 12, 200S through August 17, 2005 as set forth in the current custody order. No bonding in a familiar 3 location has occurred. While the next period of visitation is anticipated to occur in Texas, the child is not ready for such a visit in light of Father's prior failures under the Order. WHEREFORE, Petitioner requests that the visitation scheduled further be modified. Respectfulktted, . 0 Dated: August Z~05 ( Barbara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D No. 32317 4 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. - LAW NO. 04-4167 CIVIL TERM . JAMES E. ALLEN, III, Plaintiff KRIESTIE NIEBEL, Defendant IN CUSTODY IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 2nd day of May, 2005, upon consideration of Plaintiff's Complaint for Custody in the above-captioned matter with respect to the parties' child, Makoa J. Allen (date of birth September 2, 2002), and pursuant to an agreement of the parties in open court and dictated by their respective counsel, Michael D. Rentschler, Esquire, and Barbara Sumple-Sullivan, Esquire, it is ordered and directed as follows: The parties shall share legal custody of their minor child, Makoa J. Allen. Primary physical.custody of the minor child shall be with the Mother. Father shall have periods of visitation and partial custody with the child as follows: A. During the month of June, from June 18th, 2005, to June 25th, 2005, when Father shall travel to Pennsylvania to be with the minor child. During this period Father shall be given expanded rights of unsupervised contact and overnight visits as deemed appropriate by both parties. B. August 12th, 2005, through August 17th, 2005, Father shall travel to Pennsylvania and visit with his son here, again, with the phase in of expanded rights of unsupervised contact, and overnight visitation shall occur as can be agreed to by the parties. C. From October 7th, 2005, through October 9th, 2005, Mother shall take the child to Texas for periods of visitation with Father. Mother shall actually stay at Father's residence during that time period to facilitate the transition between the households. D. December 26th, 2005, through December 31st, 2005, Mother shall, again, travel to Texas and stay in Father's household to allow for a transition period for Makoa. E. From March 11th, 2006, to March 18th, 2006, Father shall visit with the child here in Pennsylvania, again with the expansion of overnights, and contact will be by the agreement of the parties. F. April 13th, 2006, through April 17th, 2006, Mother shall again travel to Texas and stay in Father's residence at that point to allow for transition for the child. G. From May 25th, 2006, to June 2nd, 2006, Mother shall initially take the child to Texas, spend some time with the child there, and return and allow Father a reasonable number of days during that visit to be alone with the child in Texas. It's the intention of the parties to vary the extent of supervised contact based on how ~he child is progressing with the attachment, and both parties agree to use their best faith efforts to work with that to facilitate a good relationship with the child. The parties agree that Father shall pay the full airfare for Makoa on the trips to Texas. The costs of airfare for each of the parties' visits either to Pennsylvania or to Texas shall be their own individual costs. The parties also agree that they shall split the fee of Dr. Shienvold equally for his assistance in formulating this agreement. It is the intention of the parties that this matter will be reviewed after the first week of vacation for next summer, which is the May 25th, 2006, to June 2nd, 2006, vacation break, either through conciliation or upon petition for further hearing. By the Court, Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 For the Plaintiff ~ar.. ara Sumple-Sullivan, Bridge Street New Cumberland, PA 17070 For the Defendant Esquire :mae Barbara Sumple-SuJlivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JAMES E. ALLEN, III, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY KRISTI C. NIEBEL, Defendant NO. 04-4167 VERIFICA TION I, KRISTI C. NIEBEL, hereby certifY that the facts set forth in the foregoing PETITION TO MODIFY CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.SA g4904 relating to unsworn falsification to authorities. DATED: ~,200 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717) 77 4-] 445 JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY KRISTI C. NIEBEL, Defendant NO. 04-4167 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the PETITION FOR MODIFICATION OF CUSTODY ORDER, in the above- captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Michael D. Rentschler, P.C. 28 N. 32nd Street Camp Hill, P A 170Jr/ DATE: August 2(, 200S t/ "'--. Barbara Sumple-SulJivan, Esquire 549 Bridge Street New Cumberland, PA 17070-193 I (717) 774-1445 0 ~ ~ ~ tt ....., ~ P C--:) C::I 8 en ...... li ;r~ X-" (-.:": rl1r==: - G'~l FS ..c:. -0 f'.) I...-J 0' f- -0 .r ~ .. .) U'~ , -.' .. JAMES E. ALLEN, III PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-4167 CIVIL ACTION LAW KRIST! C. NIEBEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 30, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday. September 08, 2005 , the conciliator, 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 existinl: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl Hubert X Gilrov. Esq. Custody Conciliator y The Court of Common Pleas of Cumberland County is requin:d 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 HA VE 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 170]3 Telephone (717) 249-3166 -~~;#~ ~~ Y.J'~$ ~~~ ~~,z;A>W" ~':><> [J-('~iv-? ~4~ 5O-w.g "'\lI0i.,I:"C.i...l \;/"'\J .7i 1\,"'\1 'I! < .~''''' "'.'''''' """"n'" liNn,.,">.:"" J ^-i.. '1., 3'1 :S [lid 08 5fW sonz ABV1Vi()HJCca ~~Hl :10 :JJij~o-G:3 1:1 JAMES E. ALLEN, III, Plaintiff IN THE COURr OF COMMON PLEAS OF CUMBERLAN[) COUNTPENNSYLVANIA V KRIESTIE NIEBEL, Defendant CIVIL ACTION. LAW CIVIL ACTION INO. 04-4167 Civil Tenn IN CUSTODY MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW, this 7th day of October, 2005, comes Michael D. Rentschler, Esquire, attorney for Plaintiff herein, who files the within Motion by respectfully averring as follows: 1. The undersigned counsel represents Plaintiff in the above-captioned matter. The case is scheduled for a conciliation conference wittl Hubert Gilroy, Esquire, on October 14, 2005. The conciliation conference results from a Motion to Modify Custody filed by Defendant's counsel, Barbara Sumple-Sullivan, Esquire. Procedurally, the case had progressed through an initial conciliation and then listed for trial. On the date of the trial, Plaintiff and Defendant settled the case and a custody Order was entered by Judge Oler. The Miotion to Modify was filed by Defendant's counsel to modify that Order. 2. The child is Makoa J. Allen who was born on September 2, 2002, in Kuwai, Hawaii. Plaintiff is the natural Father of the child ,and Defendant is the natural Mother of the Child. The Child was born out of wedlock and the parties have never been married to each other. Father lives in Dallas, Texas. Mother lives in Camp Hill, Pennsylvania. Mother has majority physical custody and joint legal custody of the child. 3. The undersigned counsel provided the Plaintiff with advance notice of the hearing and also that an additional retainer would need to be p:~id as well as the remaining balance owed for previous work, Plaintiff informed tine undersigned counsel via email on October 5, 2005, which was opened on October 6, that he had no money to pay any of the fees. Since the Plaintiff is not able to pay the undersigned counsel to represent him, it is requested that the undersigned counsel be permitted to withdraw from this case and be excused from participating in the conciliation conference. A true and correct, although redacted, copy of the email from Plaintiff to the undersigned counsel is incorporated herein, madle a part hereof and attached as Exhibit "A", 4. The undersigned counsel has spoken with Conci'liator Gilroy's office and has informed him of the fact that he was going to withdraw. The Plaintiff may participate in the conciliation by telephone and the Plaintiff's telephone number has been given to the conciliator. Consequently, Plaintiff will be able to participate in the conciliation hearing, although without counsel. 5. On October 6, 2005, the undersigned counsel spl)ke with Defendant's counsel and Defendant's counsel does not object to this Motion to withdraw. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Motion and permit the undersigned counsel to withdraw and to excuse him from the Conciliation hearing. Respectfully submitted, ~~~ Michael D. Rentschler, Esquire 28 North 32 nd Street Camp Hill, PA 17011 Attorney for Plaintiff Supreme Court 10 45836 (717) 975-91129 H :,~L' (", ~ RIl: custody conciliation healing Date -';0/512005626'59 PM Eastern Standard TimE' ~~m:t' 18. .::iE->r,'! from the mtcrnet D~,~.:!f ;..4ihc,~, 1 din $ony to !ntofnl you that f dD not have any money! _" I appreciate all you've done to this point My plan is to accept your O1Olio;'1 of removal, participate in the hearing CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certifY that, on the date stated below, I served a copy of the foregoing Document upon the following by first class mail, postage prepaid and addressed to: James E. Allen, III 1409 North Zang Blvd, # 634 Dallas, TX 75203 Barbara Sumple-SuIlivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 Hebert Gilroy, Esquire 4 N. Hanover Street Carlisle, P A 17013 Date: /#/)~:5- / / ~~~ -Michael D. Ren er, Esquire 28 N. 32"d Street Camp HiiII, PA 1701l (717) 975-9129 Supreme Court ID # 45836 (") c .-:> = c:;) cJ"' co C> -< . -. c r;;;. ::2 o -n -\ :t::n role -a~ :n.~t' :~i~~ :; :.<: "'" ::r:; '-? s;- cr:J V KRIESTIE NIEBEL, Defendant o RECEIVED OCT 07 200y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTPENNSYLVANIA CIVIL ACTION - LAW CIVIL ACTION NO. 04-4167 Civil Te"" JAMES E. ALLEN, III, Plaintiff IN CUSTODY ORDER AND NOW, this q {-l day of OL.r , 2005, upon consideration of Michael D. Rentschler, Esquire's Motion to Withdraw as Counsel for Plaintiff, and noting the concurrence with that Motion on behalf of Plaintiff James E. Allen, III and Defendant's counsel, Barbara Sumple-Sullivan, and it appearing that accommodations are made to Plaintiff to participate at the conciliation conference via telephone, said Motion is hereby GRANTED. Michael D. Rentschler, Esquire may withdraw from this case and he is excused from attending the conciliation conference scheduled on October 14,2005 at 8:30 am. Honorable Wesley Oler, Judge Distribution: ~rbara Sumple-Sullivan, Esquire ~rt Gilroy, Esquire ~es E. Allen, III ~ael D. Rentschler, Esquire Court Administrator's Office ~ sP \t;\~ c<; .s'S\ ,-' < 0\\\\0 \0\':'. 'l' ," -) \ . :J ~) . .... CIJ r, .~,-J f ~ RECEIVU} r- "~' ~~~') ~ JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 04-4167 CIVIL ACTION - LAW KRISTI C. NIEBEL, Defendant IN CUSTODY COURT ORDER AND NOW, this \ 1 tL day of October, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Father's periods of temporary physical custody with the minor child in this case as set forth in the May 2, 2005 Order shall be suspended pending Father's further petition to this Court to have the case again scheduled for a conference with the Custody Conciliator. BY THE COURT, ?L ., Judge Cc: ~ichael D. Rentschler, Esquire ~ v&rbara Sumple-Sullivan, Esquire ~r. James E. Allen, III f JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 04-4167 CIVIL ACTION - LAW KRISTI C. NIEBEL, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TIIE 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: Makoa J. Allen, born September 2, 2002 2. A Conciliation Conference was held on October 14, 2005, with the following individuals in attendance: The Mother, Kristi C. Niebel, with her counsel, Barbara Sumple-Sullivan, Esquire The Father, James E. Allen, III, did not appear. Legal counsel for the Father had contacted the Conciliator's office to indicate that he would be attending the Conciliation Conference and that Father would attend "via telephone". Neither Father nor anyone else ever contacted the Conciliator again. Mother had no information with respect to Father wanting to attend via telephone, nor did Mother's counsel. There was no contact attempted by Father on the day of the Conciliation with the Conciliator or otherwise. f 3. This case has a history where Father had not seen the child for a long period of time. Father initiated an action earlier in 2005 to start having custody with his minor child. Father resides in Texas. The parties worked out an agreement before the Court in May of 2005 that specified Father would have certain time with the minor child in June, July, August and October. In fact, the October visitation included Mother taking the child down to Texas to visit the Father. The reality of the situation is that the Father has not fulfilled the terms of the Order and has not seen the child since April. Understandably, with those circumstances existing in the case, the Mother did not take the child to Texas for the scheduled October 7th visit. More importantly, the Father did not contact Mother to pay for a plane ticket for the child for that trip. 4. Based upon the above, the Conciliator recommends an Order in the fonn as attached. Date: ( (J -- L ~--- () ~ 'I RECEIVED \1.f,;;J :; L; </ , JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 04-4167 CIVIL ACTION - LAW KRISTI C. NIEBEL, Defendant IN CUSTODY COURT ORDER AND NOW, this ls th day of March, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.1 of the Cumberland County Courthouse on the :? ~ day of m~?; , 2006, at /: 70 , ~. m. At this hearing the Father, ames E. Allen, III, shall be the movmg party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they are unrepresented, shall file with the Court and the opposing pati)o 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 anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending said hearing no Order will be entered granting Father specific periods of temporary custody with the minor child. However, in the event Father comes from Texas to central Pennsylvania prior to the hearing or at the time of the hearing, Mother shall make arrangements to have Father enjoy periods of temporary custody with the minor child at said times in Penns)'lvania, BY THE COURT, Cc; ~rbara Sumple-SuIlivan, Esquire J'dr, James E. Allen, III -{ JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 04-4167 CIVIL ACTION - LAW KRISTI C. NIEBEL, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley OIer, Jr., 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 infonnation pertaining to the child who is the subject of this litigation is as follows: Makoa J. Allen, born Septemher 2,2002 2. A Conciliation Conference was held on February 28, 2006 via telephone conference between the Father, James E. Allen, III, who is unrepresented by counsel, and the Mother, Kristi C. Niebel, and her counsel, Barbara Sumple-SuIlivan, Esquire. 3. There is an October 19, 2005 Order which suspended Father's periods of temporary custody. That Order was entered as a result of Father failing to appear at a prior Conciliation Conference. 4. This case has a history where the Father has not seen the child for a long period of time. He initiated an action in early 2005 to start having custody. Father resides in Texas. The parties worked out an agreement before the Court in May of 2005 that specifies that the Father would have certain time with the minor child. Mother suggests Father did not fulftIl the tenns of that agreement. A Conciliation Conference was scheduled last October and Father did not appear, which resulted in the Order tenninating Father's contact with the child provided under the prior agreed-upon Order. . . S. Father now is asserting that he wants to have time with the minor child and that he is willing to come to Pennsylvania to do so. He also wants the Court to order the Mother to take the child to Texas. Mother is unwilling to agree at this time primarily because she believes Father has not fulfilled the spirit of the prior agreement reached between the parties and Father has not been consistent in attempting to have contact with his child. 6. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the fonn as attached. Date: March;< , 2006 < ~ .' JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KRISTI C. NEIBEL, Defendant NO. 04-4167 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of May, 2006, upon consideration of the custody conciliation report dated February 16, 2005, with respect to the parties' child, Makoa J. Allen, and following a hearing held on May 8, 2006, it is ordered and directed as follows: 1. Legal custody of the child shall be in Defendant, the mother; 2. Primary physical custody of the child shall be III Defendant, the mother; 3. Visitation or partial physical custody of the child shall be in Plaintiff, the father, at the following times and places: a. Visitation: At the residence of Defendant, the mother, on July 2, 2006, July 3, 2006, July 4, 2006, September 2, 2006, September 3, 2006, November 24, 2006, and November 25, 2006, for a period of four hours each day, the hours to be mutually agreed upon by the parties and, in the absence of such agreement, to be determined by Defendant, the mother; b. Partial Custody: At the residence of Plaintiff, the father, from December 27, 2006, at 6:00 p.m. until December 30, 2006, at 9:00 a.m.; provided, that Defendant, the mother, shall have 'IIil\!\;I !\1,\,SNN3d Al,NnW n~N1H3m~ro 12:\ Wd 6-AVW900Z AW10NOHlOlld 3Hi ::10 3Ol.:lD--031l:l , . . the right to stay with the child during this period of Plaintiffs partial custody; provided, further, that the expense of transportation for the child for this period of partial custody shall be borne by Plaintiff, the father; 4. In the event that either party fails to comply with, or to exercise, his or her custodial rights hereunder, the court will entertain a petition for modification of this order on that ground; 5. Defendant, the mother, shall permit reasonable telephone contact between Plaintiff, the father, and the child, at Plaintiffs expense; 6. A hearing to establish a custody schedule for the 2007 year will be held on Thursday, January 4,2007, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania; Plaintiff, the father, may participate by telephone if he wishes in this hearing because of his out-of- state residence in Texas; 7. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. '-"'mes E. Allen, III 4332 Riverside Drive Dallas, TX 75241 Defendant, Pro Se \ ^ . .. . ~bara Sumple Sullivan, Esq. 549 Bridge Street New Cumberland, P A 17070 Attorney for Defendant fl".-'~ JAMES E. ALLEN, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KRISTI C. NEIBEL, Defendant NO. 04-4167 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of January, 2007, upon consideration of the issue of custody with respect to the parties' child, Makoa J. Allen, and pursuant to an agreement of the parties reached in open court, it is ordered and directed as follows: 1. All the terms of the prior order dated May 9, 2006, are confirmed, except as specifically modified by this order. 2. Father shall have partial physical custody of the minor child as follows: a. March 2007: Father shall travel to Harrisburg, Pennsylvania, during his school spring break to visit the child beginning March 10, 2007, through March 13, 2007. b. July 2007: Mother shall travel to Dallas, Texas, to allow the child to visit from June 30, 2007, through July 3, 2007. c. November 2007: Mother shall travel to Texas with the child to visit father beginning Thanksgiving Day, November 22, 2007, through November 25, 2007. d. December 2007: Father shall travel to Harrisburg, Pennsylvania, to visit the child beginning December 26, 2007, through December 29, 2007. e. Such other times as the parties can mutually agree, especially to accommodate trips of father to Pennsylvania. In regards to periods of partial custody of father, the parties agree that the periods of overnight shall be extended for the child as the child can tolerate. VINV/\lASNN3d .1 i ~ !"I""',,-\ "\J'T :-W-;:A'n'" ^-.U\l /\,.}',,-' .'"" .:""'.i~JY ~r v 8 f :Z Wd g- NVr LOOZ AtN10NGHlOcd 3Hl :10 38!:!::lo-cB1l:I ~ , , . By the Court, ~mes E. Allen, III, Plaintiff< (Telephonically) 4332 Riverside Drive Dallax, TX 75241 cP<-= 01 vr~rbara Sumple Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 For the Defendant pcb