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HomeMy WebLinkAbout05-2611LISA J. WAYNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. WAYNE, Defendant NO. 0 -- 0? (A711 CIVIL ACTION - LAW IN DIVORCE and CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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. PA 17013-3302 Telephone: (717) 249-3166 flVdivAWAYN--,L:SA-dlvcompC,orD LISA J. WAYNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CHRISTOPHER M. WAYNE, CIVIL ACTION - LAW Defendant IN DIVORCE and CUSTODY COMPLAINT IN DIVORCE UNDER 3301(c)or 3301(d) 1. The Plaintiff in this action is LISA J. WAYNE, an adult individual, who currently resides at 104 Old Ford Drive, Fairview Township, Camp Hill, York County, Pennsylvania, 17011. 2. The Defendant in this action is CHRISTOPHER M. WAYNE, an adult individual, who currently resides at 212 Green Lane Drive, Fairview Township, Camp Hill, York County, Pennsylvania, 17011. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on February 29, 2000, in New Cumberland, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- 7. The Plaintiff avers that one child, KARLEIGH JANE WAYNE, has been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. COUNT I - CUSTODY 10. Paragraphs one (1) through nine (9) are incorporated herein by reference as though fully set forth at length. 11. The Plaintiff in this action is LISA J. WAYNE, an adult individual, who currently resides at 104 Old Ford Drive, Fairview Township, Camp Hill, York County, Pennsylvania, 17011. 18. The Defendant in this action is CHRISTOPHER M. WAYNE, an adult individual, who currently resides at 212 Green Lane Drive, Fairview Township, Camp Hill, York County, Pennsylvania, 17011. 19. Plaintiff seeks primary physical custody of KARLEIGH JANE WAYNE, , who resides with her mother, the Plaintiff, at 104 Old Ford Drive, Fairview Township, Camp Hill, York County, Pennsylvania, 17011, and is four (4) years of age having been born on December 25, 2000. The child was not born out of wedlock. -2- The child is presently in the custody of her mother, the Plaintiff above-named. The Plaintiff seeks majority physical custody of the child. Plaintiff agrees to shared legal custody of the minor child with the Defendant enjoying partial physical custody. During the past five years, the child has resided with the following persons and at the following addresses: NAME Plaintiff Plaintiff & Defendant Plaintiff & Defendant Plaintiff & Defendant ADDRESS DATES 104 Old Ford Drive 4/25/2005- present 104 Old Ford Drive 10/2004- 4/25/2005 Camp Hill, PA 103 Old Ford Drive 11/2001 - 10/2004 Camp Hill, PA 36 Red Barberry Road 11/1999- Etters, PA 1112001 The mother of the child is the Plaintiff, LISA J. WAYNE, an adult individual, who currently resides at 104 Old Ford Drive, Fairview Township, Camp Hill, York County, Pennsylvania, 17011. The father of the child is the Defendant, CHRISTOPHER M. WAYNE, an adult individual, who currently resides at 212 Green Lane Drive, Fairview Township, Camp Hill, York County, Pennsylvania, 17011. He is married to the Plaintiff. -3- 20. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Minor child, Karleigh 21. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: NAME RELATIONSHIP His parents 22. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending 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 minor child or claims to have custody or visitation rights with respect to the child. Plaintiff consents to the jurisdiction of Cumberland County. 23. The best interest and permanent welfare of the minor child will be served by granting the relief requested because: A. The child have resided with her father and mother since birth who have provided a continuous loving relationship with the child; -4- B. The mother is able to provide a stable home and extended family environment for the child allowing the child opportunity to spend time with the child's father consistent with a schedule the parties have arranged between themselves; C. Both maternal and paternal grandparents are very involved in the care of the minor child, and the current arrangement allows for flexibility and quality time with all parties involved. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Court grant the Plaintiff majority physical custody of the child with shared legal custody to the Defendant, giving the Defendant partial physical custody. STONE LaFAVER/& By E1iz Beth B Stone, Esquire Sup eme Co rt /YD #60251 414 Bridg Stlreet, P.O. Box E New Cumb r nd, PA 17070 Teleph e? 17-774-7435 Attorgeva° for Plaintiff -5- i VERIFICATION Lisa J. Wayne states that she is the Plaintiff named in the foregoing instrument and that she is ac- quainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. LISA J. WAYNE ` Date: ?' ??? INY`1 JZI V1 1 v y F_AYavVWAYSE, LSSA-motioncoin corp.. ate LISA J. WAYNE, Plaintiff V. CHRISTOPHER M. WAYNE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE LISA J. WAYNE, Plaintiff in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorpo- rate the attached Agreement dated September 28, 2005, into the Decree in Divorce. ST By t1V,9m\wayne11Saag ontV7/05 AGREEMENT THIS AGREEMENT, made this C99e, day of 2005, by and between LISA J. WAYNE, of York County, Pennsylvania, (hereinafter referred to as "Wife"), and CHRISTOPHER M. WAYNE, of York County, Pennsylvania, (hereinafter referred to as "Husband"); WITNESSETH: WHEREAS, Husband and Wife were lawfully married on February 29, 2000, in New Cumberland, Cumberland County, Pennsylvania, and; WHEREAS, one child has been born of this marriage; NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. -1- 2. Preparation of Agreement. This agreement has been prepared by Elizabeth B. Stone, attorney for the Wife. The Husband is represented by Samuel L. Andes, Esquire. Both parties have carefully reviewed this Agreement with each of their respective attorneys, and are completely aware, not only of its contents, but also of its legal effect. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and -2- (' _i gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may -3- arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obligations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them. 7. Assumption of Liabilities. Paragraphs 8 and 9 below set forth the method for the payment and assumption of the debts and liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 8. Assumption of Debts. Husband assumes and agrees to pay and hold the Wife harmless against the following debts and obligations: (A) Husband shall assume responsibility for payment of his Pennsylvania State Employees Credit union visa card, with a current approximate balance of $4,500.00; -4- ,. , i (B) Husband shall assume responsibility for payment of the NaDart Loan with an account balance of $6,000.00; (C) Husband shall assume responsibility for payment of the Circuit City credit card in his name with an account balance of $1,200; (D) Husband shall assume responsibility for payment of the Honda charge account with an account balance of $700.00; If any claim, action or proceeding is hereafter brought seeking to hold the Wife liable on account of such debts or obligations, the Husband will, at his sole expense, defend the Wife against any such claim, action or proceeding, whether or not well founded, and Husband will indemnify and hold Wife harmless from and against such claim, action or proceeding. 9. Assumption of Debts. Wife assumes and agrees to pay and hold the Husband harmless against the following debts and obligations: (A) Wife shall assume responsibility for payment of her Pennsylvania State Employees Credit Union Credit card in her name with a account balance of $900.00; (B) Wife shall assume responsibility for payment of all of her revolving store credit cards with a current balance of $600.00. If any claim, action or proceeding is hereafter brought seeking to hold the Husband liable on account of such debts or obligations, the Wife will, at her sole expense, defend the Husband -5- iL against any such claim, action or proceeding, whether or not well founded, and Wife will indemnify and hold Husband harmless from and against such claim, action or proceeding. 10. Personal Property. Both parties herein agree that any of Husband's household goods, personal effects, clothing, kitchen appliances, kitchen ware, and other personal items that were brought into the marriage or marital items that were agreed to be divided between the parties still remaining in the marital home after this agreement is signed will be removed within 90 days of the signing of this agreement. Wife agrees to provide ample time for the removal of Husband's property from the home during this time period. Any property that should remain in the marital home after said date will become the sole and separate property of Wife. The parties have provided a list to each other of those personal property items that will be or should be divided between themselves. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 11. Cash. All other cash (either in a checking or savings account) presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 12. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their -6- C&-,_/ i ,?il. mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 13. Real Estate. The parties have heretofore listed and successfully sold the marital property located 104 Old Ford Drive, Camp Hill, Pennsylvania for $255,000. The proceeds of this sale have not been distributed to the parties as of the date of this agreement. Husband and Wife agree that all proceeds from the sale of the home shall be given to the Wife in one lump sum payment. 14. Child Support. Husband agrees to give to Wife a lump sum payment of Twenty Thousand ($20,000) Dollars payable within 60 days of the date of this agreement. Husband and Wife both agree that this $15,000 represents a lump sum distribution towards child support. In further of this understanding, Husband has heretofore purchased a vehicle, a 2000 Nissan Maxima for the Wife, in the amount of $8,000. It is understood by both parties that the purchase of the vehicle shall be applied and deducted from the total due of $15,000 to Wife. It is further understood by both parties that the Husband shall now owe only the sum of $7,000 to Wife. Wife understands that by accepting this $7,000, she will not seek further additional monies towards child support through the Domestic Relations Office for the -7- ,_./ 'i r next two years. In addition to this total sum of $15,000, Husband agrees to pay to Wife the sum of $75.00 per week for the first two years from the date of this agreement. Husband shall increase this amount for the next two years to $95.00 per week. Payments shall be made bi-weekly to Wife from Husband. In the event that Karleigh shall require emergency medical treatment, the party who is exercising custody at the time of the emergency, shall notify the other parent as soon as reasonably possible. Both parties agree that child support shall be payable to Wife until such time as Karleigh either attains of the age of 18 or graduates high school, the latter of the two shall apply. Both parties agree that if Karleigh decides to continue with her secondary education, both parties agree to contribute to the best of their ability towards her education after all scholarships, loans, grants, and other available sources have been applied for and exhausted. Both parties agree that any inheritance gifted to Karleigh while being a minor shall remain in control of the parent from that side of the family that said bequest or inheritance arose. 15. Medical Insurance. Husband agrees to provide Major- Medical and/or hospitalization insurance for Karleigh until she reaches the age of majority, Husband shall pay the annual deductible towards the health insurance. wife shall cover the cost of the co- pays at the time of the visits. All unreimbursed medical bills, -8- including, but not limited to, orthodontia, chiropractic, dental, and vision will be shared jointly by the parties. 16. Custody. Mother shall have primary custody and Father shall have partial custody. The parties shall share legal custody of Karleigh. The parties hereby agree to the following shared custody arrangement: A. Husband shall have Karleigh every Tuesday and Wednesday from approximately 5:00 p.m. overnight and either drop Karleigh off at wife's residence or school the following morning. B. Husband shall have Karleigh every other weekend from Friday at approximately 5:00 p.m. until Sunday at dinnertime. C. Wife will have Karleigh at other times. 17. Holidays. The parties hereby agree to the following shared custody Holiday arrangement: A. Husband shall have Karleigh on Christmas Eve day from 9:00 a.m. until 4:00 p.m. Wife shall have Karleigh Christmas Eve from 4:00 p.m . overnight until approximately 12:00 p.m. on Christmas Day. Husband shall have Karleigh until bedtime or as the parties may agree. B. Wife shall have Karleigh on Easter Eve overnight until approximately 12:00 p.m. on Easter Day. C. Husband shall have Karleigh for weekend of July 411 (unless other arrangements have been made). D. Christmas and Easter schedule shall be followed until the parties mutually agree to other times. -9- E. The parties agree that all other Holidays observed shall be alternated from year to year, but both agree to be flexible in scheduling. 18. Vacation. The parties hereby agree that both Husband and wife shall have Karleigh for two (2) exclusive one week periods per year. These weeks are not to be taken consecutively unless agreed to by the parties. The parties further agree that advanced notice of at least 30 days shall be given as to the dates for their vacation. The party claiming the first vacation time period shall take precedence. 19. Taxes. The parties hereby agree that Husband shall claim the interest on the mortgage for the residence located at 104 Old Ford Drive, Camp Hill, Pennsylvania, on his 2005 Income Tax Return. The parties further agree that they shall alternate annually the Child Dependency Exemption claiming Karleigh on their respective Income Tax Return. The parties agree to determine the order of rotation for the prior tax year 20. Waiver of Alimony. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for -10- C. '/ I INU/ alimony, support, alimony pendente lite or maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 21. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 22. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: a. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. b. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. C. Has given careful and mature thought to the making of this agreement. -11- a.J d. Has carefully read each provision of this agreement. this agreement. 23 e. Fully and completely understands each provision of Subsequent Divorce. The parties hereby acknowledge that Wife has filed a complaint in divorce in Cumberland County, docket #05-2611, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as he executes this agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof -12- shall alter, amend or vary any term of this agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this agreement to survive any judgment and to be forever binding and conclusive upon the parties. 24. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 25. Severability. if any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 26. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 27. Future Earnings. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all -13- such income, earnings or other property so received or acquired by the other. 28. Waiver of Rights. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. 29. Enforcement. If either party shall bring an action or other proceeding to enforce this agreement, or to enforce any judgment, decree or order made by a court in connection with this agreement or the divorce of the parties, the prevailing party shall be entitled to reasonable attorney's fees from other party.. 30. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 31. Survival of Agreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, -14- T being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 32. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 33. Agreement Binding on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals tle dad d year above first written. W LISA J. WA. NE TNESS CHRISTOPHER M. WAYNE -15- COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND On this, the 28T" day of SEPTEMBER , 2005, before me the undersigned officer, a Notary Public, personally appeared, LISA J. WAYNE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Not y c KATHLEEN KEIM, Notary PuMe New Cumberland Boro. Cumberland Co. My Commission Expires Dec. 5, 2006 COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND On this, the 29T' day of SEPTEMBER , 2005, before me the undersigned officer, a Notary Public, personally appeared, CHRISTOPHER M. WAYNE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ub COMMONWEALTH OF PENNSYLVANIA N o t -a r NOTARIAL SEAL KATHLEEN KEIM, Notary Public New Cumberland Baro. Cumberland Co. My Commission Expires Dec. S, 2006 ?, 7 _. • _ ---? _ _-' , r.. ?? J ;_i ; i ? fIVtl]vAWAYNE, LI SA-consent LISA J. WAYNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. WAYNE, Defendant NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on May 19, 2005, and served May 20, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I cpnsent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. t) O? b-S `ole r1V jib ? ,?lC( Date I ffSA J. WAYN9,Plaintiff :1VdIIAW0.YNE, LIS A-consent LISA J. WAYNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. WAYNE, Defendant NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under 5 3301(c) of the Divorce Code was filed on May 19, 2005, and served May 20, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. n Di 1as?0(.q /Z Date CHRISTOPHER M. WAYNE, Defendant ,...? ?1 C i . "n , (__ --i r ;,] ?C ? -. ? ?? .. ;?? flVtli,AWAYNE.LISA-waive[ LISA J. WAYNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. WAYNE, Defendant NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. Date: 01 as Ole Ji?j LISA J. WAYN , Plainti E'_Aa=vAWAYNE,LISA.waiver LISA J. WAYNE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. WAYNE, Defendant NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. 1 a5 ?? Date: CHRISTOPHER M. WAYNE, Defendant ?.? - <-. , , , ? : ? .? . - ;;: ?? ?,y LISA J. WAYNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. WAYNE, Defendant NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) 330+jd)?of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: 05/20/2005 via United States certified mail postage prepaid restricted delivery. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff 01/25/06 by Defendant 01/25/06 (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: ; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: No claims were raised 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: _ (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: l r,.] ?? i ` ;. , t. - ' r t .. ri r ' LISA J. WAYNE, Plaintiff V. CHRISTOPHER M. WAYNE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY 2 O R D E R AND NOW, this day of 2006, the Agreement between the parties dated September 28, 2005, and attached hereto is hereby incorporated into the Decree in Divorce. J. ,/?' .era ,4%?7 f.'?7 ?; 1• C_; ^ !r.1' 4n Su0 ... v -• ilr IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF PEr4NA. LISA J. WAYNE, Plaintiff VERSUS No. 05-2611 CHRISTOPHER M. WAYNE, Defendant DECREE IN DIVORCE ?-I:37p,M AND NOW, IT IS ORDERED AND v -- DECREED THAT J. WAYNE , PLAINTIFF, AND CHRISTOPHER M. WAYNE DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties marital settlement hereby incorporated, but not ATTEST: J. PROTHONOTARY ament dated September 28, 2005, is t- o the Decree in Divorce. 72 1. LISA J. WAYNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-2611 CHRISTOPHER M. WAYNE CIVIL ACTION - LAW Defendant IN DIVORCE and CUSTODY PETITION TO MODIFY CUSTODY 1. Plaintiff is Lisa J. Wayne, Mother of the child, residing at 816 Linwood Street, New Cumberland, Pennsylvania. 2. Defendant is Christopher M. Wayne, Father of the child, residing at 1009 Limekiln Road, New Cumberland, Pennsylvania. 3. Custody of the minor child, Karleigh J. Wayne, was awarded as follows: A. Joint legal custody to both parties. B. Primary physical custody was granted to Plaintiff, with partial custody granted to Defendant by Motion to Incorporate Agreement into Decree in Divorce. (See copy of Agreement and Order Incorporating Agreement into Decree in Divorce attached hereto as Exhibit "A".) 5. Defendant seeks to modify the current custody arrangement because: A. It is in the best interest of the child to spend more time with Defendant and spend time with him rather than with a babysitter. WHEREFORE, Defendant requests the Court to modify custody of the child awarding him additional custodial periods and alternating other custodial terms in the best interest of the child. Respectfully Submitted: DISSINGER AND DISSINGER By: Mary A. Etter Dissinge Attorney for Defendant Supreme Court I.D. #27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Christopher M. Wayne, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Christopher M. Wayne, Defendant IN THE COURT bIr COMMON PLEAS LISA J. WAYNE, OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS CHRISTOPHER M. WAYNE, Defendant No. 05-2611 DECREE IN DIVORCE ',37 .AA (? , IT IS ORDERED AND AND NOW DECREED THAT LISA J. WAYNE , PLAINTIFF, AND CHRISTOPHER M. WAYNE DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties marital settlement agreement dated September 28, 2005, is I A fl\div\WAYNE,LISA-motiontoincorporate LISA J. WAYNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2611 CHRISTOPHER M. WAYNE, CIVIL ACTION - LAW Defendant IN DIVORCE and CUSTODY MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE LISA J. WAYNE, Plaintiff in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorpo- rate the attached Agreement dated September 28, 2005, into the Decree in Divorce. f]\a9m\rayne]1aaagrmnt\7/05 1-1 AGREEMENT THIS AGREEMENT, made this. day of 2005, by and between LISA J. WAYNE, of York County, Pennsylvania, (hereinafter referred to as "Wife"), and CHRISTOPHER M. WAYNE, of York County, Pennsylvania, (hereinafter referred to as "Husband"); WITNESSETH: WHEREAS, Husband and Wife were lawfully married on February 29, 2000, in New Cumberland, Cumberland County, Pennsylvania, and; WHEREAS, one child has been born of this marriage; NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband,_each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any,nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. -1- ?/-el qXd 2. Preparation of Agreement. This agreement has been prepared by Elizabeth B. Stone, attorney for the Wife. The Husband is represented by Samuel L. Andes, Esquire. Both parties have carefully reviewed this Agreement with each of their respective attorneys, and are completely aware, not only*of its contents, but also of its legal effect. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to-their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in,any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and -2- mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the.part of the other. 13. Real Estate. The parties have heretofore listed and successfully sold the marital property located 104 Old Ford Drive, Camp Hill, Pennsylvania for $255,000. The proceeds of this sale have not been distributed to the parties as of the date of this agreement. Husband and Wife agree that all proceeds from the sale of the home shall be given to the Wife in one lump sum payment. 14. Child Support. Husband agrees to give to Wife a lump sum payment of Twenty Thousand ($20,000) Dollars payable within 60 days of the date of this agreement. Husband and Wife both agree that this $15,000 represents a lump sum distribution towards child support. In further of this understanding, Husband has heretofore purchased a vehicle, a 2000 Nissan Maxima for the Wife, in the amount of $8,000. It is understood by both parties that the purchase of the vehicle shall be applied and deducted from the total due of $15,000 to Wife. It is further understood by both parties that the Husband shall now owe only the sum of $7,000 to Wife. Wife understands that by accepting this $7,000, she will not seek further additional monies towards child support through the Domestic Relations office for the -7- ? W next two years. In addition to this total sum of $15,000, Husband agrees to pay to Wife the sum of $75.00 per week for the first two years from the date of this agreement. Husband shall increase this amount for the next two years to $95.00 per week. Payments shall be made bi-weekly to Wife from Husband. In the event that Karleigh shall require emergency medical treatment, the party who is exercising custody at the time of the emergency, shall notify the other parent as soon as reasonably possible. Both parties agree that child support shall be payable to Wife until such time as Karleigh either attains of the age of 18 or graduates high school, the latter of the two shall apply. Both parties agree that if Karleigh decides to continue with her secondary education, both parties agree to contribute to the best of their ability towards her education after all scholarships, loans, grants, and other.available sources have been applied for and exhausted. Both parties agree that any inheritance gifted to Karleigh while being a minor shall remain in control of the parent from that side of the family that said bequest or inheritance arose. 15. Medical Insurance. Husband agrees to provide Major- Medical and/or hospitalization insurance for Karleigh until she reaches the age of majority, Husband shall pay the annual deductible towards the health insurance. Wife shall cover the cost of the co- pays at the time of the visits. All unreimbursed medical bills, -8- including, but not limited to, orthodontia, chiropractic, dental, and vision will be shared jointly by the parties. 16. Custody. Mother shall have primary custody and Father shall have partial custody. The parties shall share legal custody of Karleigh. The parties hereby agree to the following shared custody arrangement: A. Husband shall have Karleigh every Tuesday and Wednesday from approximately 5:00 p.m. overnight and either drop Karleigh off at Wife's residence or school the following morning. B. Husband shall have Karleigh every other weekend from Friday at approximately 5:00 p.m. until Sunday at dinnertime. C. Wife will have Karleigh at other times. 17. Holidays. The parties hereby agree to the following shared custody Holiday arrangement: A. Husband shall have Karleigh on Christmas Eve day from 9:00 a.m. until 4:00 p.m. Wife shall have Karleigh Christmas Eve from 4:00 p.m. overnight until approximately 12:00 p.m. on Christmas Day. Husband shall have Karleigh until bedtime or as the parties may agree. B. Wife shall have Karleigh on Easter Eve overnight until approximately 12:00 p.m. on Easter Day. C. Husband shall have Karleigh for weekend of July 4th (unless other arrangements have been made). D. Christmas and Easter schedule shall be followed until the parties mutually agree to other times. -9- 4-,- VIOIJ ? E. The parties agree that all other Holidays observed shall be alternated from year to year, but both agree to be flexible in scheduling. 18. Vacation. The parties hereby agree that both Husband and Wife shall have Karleigh for two (2) exclusive one week periods per year. These weeks are not to be taken consecutively unless agreed to by the parties. The parties further agree that advanced notice of at least 30 days shall be given as to the dates for their vacation. The party claiming the first vacation time period shall take precedence. 19. Taxes. The parties hereby agree that Husband shall claim the interest on the mortgage for the residence located at 104 Old Ford Drive, Camp Hill, Pennsylvania, on his 2005 Income Tax Return. The parties further agree that they shall alternate, annually the Child-Dependency Exemption claiming Karleigh on their respective Income Tax Return. The parties agree to determine the order of rotation for the prior tax year 20. Waiver of-Alimony. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for -10- '!51'__1 JV l)l 11 alimony, support, alimony pendente lite or maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 21. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 22. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: a. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. b. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. C. Has given careful and mature thought to the making of this agreement. -11- Ali) d. Has carefully read each provision of this agreement. e. Fully and completely understands each provision of this agreement. 23. Subsequent Divorce. The parties hereby acknowledge that Wife has filed a complaint in divorce in Cumberland County, docket #05-2611, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as he executes this agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of -this agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof -12- CL..J J)d shall alter, amend or vary any term of this agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this agreement to survive any judgment and to be forever binding and conclusive upon the parties. 24. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient. to carry out the intents and purposes of this agreement. 25. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 26. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 27. Future Earnings. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving-or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all -13- such income, earnings or other property so received or acquired by the other. 28. Waiver of Rights. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. 29. Enforcement. If either party shall bring an action or other proceeding to enforce this agreement, or to enforce any judgment, decree or order made by a court in connection with this agreement or the divorce of the parties, the prevailing party shall be entitled to reasonable attorney's fees from other party.. 30. Waiver of Breach. The waiver- of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 31. Survival of Agreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause?or clauses, provision or provisions, shall be so construed, -14- being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 32. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of.Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 33. Agreement Binding on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals W year above first written. V, LISA J. W E WITNESS -CHRISTOPHER M. WAYNE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND On this, the LHTH day of SEPTEMBER , 2005, before me the undersigned officer, a Notary Public, personally appeared, LISA J. WAYNE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARIAL SEAL NotLky? c ftL COMMONWEALTH OF MANIA KATHLEEN KEIM, Notary Pubic New Cumberlmd Bono. Cwrdxa'?r+d Co. My CommLs?slon Expln: Oec. S. 2006 COMMONWEALTH OF PENNSYLVANIA: . SS: COUNTY OF CUMBERLAND On this, the 291" day of SEPTEMBER 2005, before me the undersigned officer, a Notary Public, personally appeared, CHRISTOPHER M. WAYNE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. CO S?EEAA OFP N YLYANIA Notar ub NOTARIAL SEAL KATHLEEN KEIM. Notary Pubk New Cumberland Boro. Cumbedand Co. Con mkWon Evku Dec. & 2006 s 11 LISA J. WAYNE, Plaintiff VS. (CHRISTOPHER M. WAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, by First Class United States mail addressed as follows: Sharon Stone, Esq. 414 Bridge Street New Cumberland, PA 17070 Date: J Mary A. Etter Dissinger Attorney at Law s C7' O ? rµ .? Cm /v N 1 LISA J. WAYNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-2611 CIVIL ACTION LAW CHRISTOPHER M. WAYNE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, January 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, February 23, 2009 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. 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/ ohn . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 or 42-6r Al IN L't :0 Wd OZ NVr 600Z 3'N1 A) 3 U- OH93IJ Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff LISA J. WAYNE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-2611 CIVIL ACTION -LAW CHRISTOPHER M. WAYNE Defendant CUSTODY PLAINTIFF'S REPLY IN OPPOSITION TO DEFENDANT'S PETITION TO MODIFY CUSTODY AND NOW, comes Plaintiff, Lisa J. Wayne by and through her counsel, Paige Macdonald-Matthes, Esquire and Serratelli, Schiffman, Brown & Calhoon, P. C., and files her Reply in Opposition to Defendant's Petition to Modify Custody, and in support thereof avers as follows: INTRODUCTION Pennsylvania law is clear that in order to justify a court's reconsideration of a valid prior custody order, the burden rests upon the party seeking modification of that order to prove a substantial change in circumstances following the entry of the prior order. See Barclay v. Barclay, 367 Pa. 529, 533 A.2d 143 (1987). This burden is not relaxed because a custody order is entered into by agreement of the parties. Id. A review of Defendant's Petition to Modify Custody reveals that Defendant has offered no facts that would constitute new issues that would support a finding of "substantial change in circumstance" that would warrant the change of the current custody Order that Defendant is requesting, to wit: the expansion of his time with the minor child. To the contrary, and for all of the reasons set forth herein, any expansion of Defendant's current periods of partial physical custody for purposes of visitation would not be in the child's best interest. 1. Admitted. 2. Admitted. 3. Admitted. 4. [sic]. There is no paragraph 4 included in Defendant's Petition to Modify Custody. 5. Plaintiff is without knowledge sufficient to form a belief as to what Defendant "seeks" in terms of the "current custody arrangement" and strict proof of the same is demanded at the time of hearing. By way of further reply, Plaintiff denies that additional time spent with Defendant is in the best interest of the minor child. Finally, and by way of further reply, Plaintiff responds to the averments set forth sub-paragraph A as follows: A. Denied. It is denied that "it is in the best interest of the child to spend more time with Defendant and spend time with him rather than a babysitter. It is further denied that the child spends any time with a "babysitter" when the child is in Plaintiff's custody. WHEREFORE, Plaintiff, Lisa J. Wayne, respectfully requests that this Honorable Court dismiss Defendant's Petition to Modify Custody, and further award Plaintiff all such other relief as is proper and just. Respectfully submitted, Dated: January 30, 2009Nt,44?u. Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 VERIFICATION 1, Lisa J, Wayne, verily that the statements made in the foregoing Reply in Opposition to Defendant's Petition to Modify Custody and Cross Petition to Modify C.ustodv are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904. relatin-a to unsworn falsification to authorities. Date: lo I Asa J. Wayne CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Reply in Opposition to Defendant's Petition to Modify Custody has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre-paid, at Harrisburg, Pennsylvania, on this 30'h day of January, 2009, and addressed as follows: Mary A. Etter Dissinger, Esquire DISSENGER & DISSENGER 28 North Thirty-Second Street Camp Hill, PA 17011 Paige Macdonald-Matthes, Esquire r.=:a rn F c. `w _ Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiff nan, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff LISA J. WAYNE Plaintiff vs. CHRISTOPHER M. WAYNE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2611 CIVIL ACTION -LAW : CUSTODY PLAINTIFF'S CROSS-PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Plaintiff, Lisa J. Wayne by and through her counsel, Paige Macdonald-Matthes, Esquire and Serratelli, Schiff nan, Brown & Calhoon, P. C., and files her Cross Petition to Modify Custody, and in support thereof avers as follows: I . Plaintiff seeks primary physical custody and shared legal custody of the following child: Name Present Residence Age Karleigh Wayne 816 Linwood Street, New Cumberland 8 2. The child was not born out of wedlock. The child is currently in the custody of Plaintiff. 3. During the past four (4) years, the child has resided with the following persons and at the following addresses: Persons Address Dates Plaintiff 816 Linwood Street August 2005 to present New Cumberland 4. Plaintiff and Defendant Plaintiff and Defendant 104 Old Ford Drive Camp Hill 104 Old Ford Drive Camp Hill April 2005 to August 2005 September 2004 to April 2005 The best interest and permanent welfare of the child will be served by granting Plaintiff the relief she requests because: a. Plaintiff has always been the child's primary caregiver; b. The child looks to Plaintiff as a constant source of love, stability and support; C. Plaintiff has at all times relevant placed the physical, emotional, and spiritual needs of the child ahead of her own; d. During the past several years, Defendant has spent little, if any, quality time with the Karleigh; e. Since the parties' separation, Defendant has demonstrated his willingness to place his own physical and emotional needs ahead of the child. Defendant has now remarried and is currently living with his new wife and her three (3) children from her former marriage. Defendant routinely leaves Karleigh in the care of his new wife during his periods of partial physical custody rather than spending any time himself with Karleigh. f. Karleigh's step-siblings are mean to Karleigh and routinely call Karleigh names. When Karleigh has asked Defendant to intervene on her behalf, Defendant has berated Karleigh for being "a tattle tale." The names that Karleigh has been called by her step-siblings have created tremendous self-esteem issues for Karleigh, as well as created additional problems associated with increased anxiety- all of which has necessitated the need for Karleigh to participate in bi-weekly therapy sessions. g. The current custody schedule is disruptive to Karleigh's daily weekday routine and schedule. Specifically, during Defendant's periods of partial custody, and the time that her step-siblings are in the custody of their mother, Karleigh is forced to get up early in the morning so that her step- mother can bring her step-siblings to school first before bringing Karleigh to her school. h. Karleigh is prevented from participating in regularly scheduled extra- curricular activities because Defendant is more concerned that Karleigh is at his house than Defendant is with her general well-being and happiness. i. Defendant refuses to foster a loving relationship between Karleigh and his parents, Karleigh's paternal grandparents and has frequently instructed Karleigh that if she wants to spend time with her paternal grandparents, she must do so "on Plaintiff's time"; and j. Maintaining primary physical custody with Plaintiff and modifying the current Order to an alternating weekend visitation schedule with one (1) evening weekday visitation will maintain the continuity, stability and certainty in Karleigh's life and afford her the opportunity to become involved in the regularly scheduled after school activities that she is currently unable to participate in due to the present custody schedule. 5. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her primary physical and shared legal custody of the parties' minor child, Karleigh; modify the current custody Order so that Defendant's periods of partial physical custody are limited to every other weekend and one evening per week; and further award Plaintiff all such other relief as is proper and just. Respectfully submitted, Dated: January 30, 2009, Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 VERIFICATION I, Lisa J, Wayne, verify that the statements made in the foregoing Reply in Opposition to Defendant's Petition to Modify Custody and Cross Petition to Modify- Custodv are true and correct. 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. Date: QU G_ Lisa J. Wayne CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Cross Petition to Modify Custody has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre-paid, at Harrisburg, Pennsylvania, on this 30th day of January, 2009, and addressed as follows: Mary A. Etter Dissinger, Esquire DISSENGER & DISSENGER 28 North Thirty-Second Street Camp Hill, PA 17011 Paige Macdoonald-Matthes, Esquire d O Q C!'t a ?- a D f Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff LISA J. WAYNE VS. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. WAYNE Defendant NO. 2005-2611 CIVIL ACTION -LAW CUSTODY PRAECIPE Please withdraw the appearance of Elizabeth Stone, Plaintiff in the above-captioned matter. Dated: L2??Iv_ as Stone LaF 414 Bridge POBoA -774-7435 PA 17070 Please enter the appearance of Paige Macdonald-Matthes, Esquire as attorney for the Plaintiff in the above-captioned matter. Dated: ' qU\. 3o Zc7M. r - :S O a_ X 51 ? -A1?ft*41An. Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 r ' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Praecipe has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre-paid, at Harrisburg, Pennsylvania, on this 300' day of January, 2009, and addressed as follows: Mary A. Etter Dissinger, Esquire DISSENGER & DISSENGER 28 North Thirty-Second Street Camp Hill, PA 17011 Paige Macdonald-Matthes, Esquire r? ?- ? ? ?? ? 5 , ,.f ? y- ? 7'y , ? ? _ -?., ?.1 r`:;> " t t ?+? ,? ?.,,;',r LISA J. WAYNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-2611 CIVIL ACTION LAW CHRISTOPHER M. WAYNE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 05, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 25, 2009 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john . Man an r. Es . 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 a out accessible facilities and reasonable accommodations ''' ? lease contact our office. All arran ements available to disabled individuals having business before the court, p g 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 al r I I HIV S- 93i wZ 111,10 jo Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffinan, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff LISA J. WAYNE VS. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. WAYNE Defendant NO. 2005-2611 CIVIL ACTION -LAW : CUSTODY PLAINTIFF'S AMENDED CROSS-PETITION TO MODIFY CUSTODY ORDER' AND NOW, comes Plaintiff, Lisa J. Wayne by and through her counsel, Paige Macdonald-Matthes, Esquire and Serratelli, Schiffman, Brown & Calhoon, P.C., and files her Cross Petition to Modify Custody, and in support thereof avers as follows: 1. Plaintiff seeks primary physical custody and shared legal custody of the following child: Name Present Residence Age Karleigh Wayne 816 Linwood Street, New Cumberland 8 2. The child was not born out of wedlock. The child is currently in the custody of Plaintiff. 3. During the past four (4) years, the child has resided with the following persons and at the following addresses: This amended filing is necessitated by virtue that the previous filing had a typographical error in Paragraph 3. The previous filing incorrectly states where the child resided from April 2005 to August 2005. Persons Address Dates Plaintiff 816 Linwood Street August 2005 to present New Cumberland Plaintiff 104 Old Ford Drive April 2005 to August 2005 Camp Hill Plaintiff and Defendant 104 Old Ford Drive September 2004 to April 2005 Camp Hill 4. The best interest and permanent welfare of the child will be served by granting Plaintiff the relief she requests because: a. b. C. d. e. f. Plaintiff has always been the child's primary caregiver; The child looks to Plaintiff as a constant source of love, stability and support; Plaintiff has at all times relevant placed the physical, emotional, and spiritual needs of the child ahead of her own; During the past several years, Defendant has spent little, if any, quality time with the Karleigh; Since the parties' separation, Defendant has demonstrated his willingness to place his own physical and emotional needs ahead of the child. Defendant has now remarried and is currently living with his new wife and her three (3) children from her former marriage. Defendant routinely leaves Karleigh in the care of his new wife during his periods of partial physical custody rather than spending any time himself with Karleigh. Karleigh's step-siblings are mean to Karleigh and routinely call Karleigh names. When Karleigh has asked Defendant to intervene on her behalf, Defendant has berated Karleigh for being "a tattle tale." The names that Karleigh has been called by her step-siblings have created tremendous self-esteem issues for Karleigh, as well as created additional problems associated with increased anxiety- all of which has necessitated the need for Karleigh to participate in bi-weekly therapy sessions. g. The current custody schedule is disruptive to Karleigh's daily weekday routine and schedule. Specifically, during Defendant's periods of partial custody, and the time that her step-siblings are in the custody of their mother, Karleigh is forced to get up early in the morning so that her step- mother can bring her step-siblings to school first before bringing Karleigh to her school. h. Karleigh is prevented from participating in regularly scheduled extra- curricular activities because Defendant is more concerned that Karleigh is at his house than Defendant is with her general well-being and happiness. i. Defendant refuses to foster a loving relationship between Karleigh and his parents, Karleigh's paternal grandparents and has frequently instructed Karleigh that if she wants to spend time with her paternal grandparents, she must do so "on Plaintiff's time"; and j. Maintaining primary physical custody with Plaintiff and modifying the current Order to an alternating weekend visitation schedule with one (1) evening weekday visitation will maintain the continuity, stability and certainty in Karleigh's life and afford her the opportunity to become involved in the regularly scheduled after school activities that she is currently unable to participate in due to the present custody schedule. 5. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her primary physical and shared legal custody of the parties' minor child, Karleigh; modify the current custody Order so that Defendant's periods of partial physical custody are limited to every other weekend and one evening per week; and further award Plaintiff all such other relief as is proper and just. Respectfully submitted, Dated: February 5, 2009 lzaz ?Z. Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Cross Petition to Modify Custody has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre-paid, at Harrisburg, Pennsylvania, on this 5t' day of February, 2009, and addressed as follows: Mary A. Etter Dissinger, Esquire DISSENGER & DISSENGER 28 North Thirty-Second Street Camp Hill, PA 17011 Paige Macdonald-Matthes, Esquire G ° ` -r r1ri -ra r- F M" LISA J. WAYNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. WAYNE DEFENDANT 2005-2611 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 25, 2009 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn . Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r? ? l r tr-' i ?r, 3!-I 3012 `l-6311.j MAR 0 2 2008 01 LISA J. WAYNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-2611 CIVIL ACTION LAW CHRISTOPHER M. WAYNE, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Christopher M. Wayne, and the Mother, Lisa J. Wayne, shall have shared legal custody of Karleigh J. Wayne, born 12/25/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have physical custody of Karleigh every Tuesday and Wednesday from approximately 5:00 pm overnight and either drop Karleigh off at Mother's residence or at school the following morning. b. Father shall have physical custody of Karleigh every other weekend from Friday at approximately 5:00 pm until Sunday at 6:30 pm. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional. Father shall initiate the counseling within two weeks of this Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Neither parent shall unreasonably deny the Child communication with the other parent. 5. Holidays: The parents shall arrange the holiday schedule as follows unless otherwise mutually agreed upon. a. Father shall have Karleigh on Christmas Eve day from 9:00 am until 4:00 pm. Mother shall have Karleigh Christmas Eve from 4:00 pm until noon on Christmas Day. Father shall have Karleigh from noon 12/25 until 9:00 pm, or as the parties may agree. b. Mother shall have Karleigh on Easter Eve (Saturday) overnight until noon on Easter Sunday. Father shall have Karleigh from noon on Easter Sunday until 9:00 pm, or as the parties may agree. c. Father shall have Karleigh for the weekend of July 0 (unless other arrangements have been made). d. Christmas and Easter schedules shall be followed until the parties mutually agree to other tunes. e. The parties agree that all other holidays observed be alternated from year to year, but both agree to be flexible in scheduling. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. A status conference is hereby scheduled with the assigned conciliator on June 1, 2009 at 8:30 am at the Court of Common Pleas, Carlisle, PA 17013. In the event that the parties feel that a conference is not necessary, the parties shall contact the assigned conciliator to cancel or reschedule. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. 6S :ZI Wd h-MVWWM 4,0-aM stribution: Age MacDonald-Matches, Esquire ,Mary Dissinger, Esquire ZJohn J. Mangan, Esquire IV-CL 3! £s YY ??-t LISA J. WAYNE, Plaintiff V. CHRISTOPHER M. WAYNE, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2611 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCHJATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Karleigh J. Wayne 12/25/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 25, 2009 with the following individuals in attendance: The Mother, Lisa J. Wayne, with her counsel, Paige MacDonald-Matthes, Esq. The Father, Christopher M. Wayne, with his counsel, Mary Dissinger, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 3 // ? ? /e? Date LI A J. WAYNE, Plaintiff VS. CHRISTOPHER M. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2611 WAYNE CIVIL ACTION - LAW IN DIVORCE and CUSTODY AMENDED PETITION TO MODIFY CUSTODY 1. Plaintiff is Lisa J. Wayne, Mother of the child, residing at 81? Linwood Street, New Cumberland, Pennsylvania. 2. Defendant is Christopher M. Wayne, Father of the child, re iding at 1009 Limekiln Road, New Cumberland, Pennsylvania. 3. Custody of the minor child, Karleigh J. Wayne, was awarded as follows: A. Joint legal custody to both parties. B. Primary physical custody was granted to Plaintiff, with partial custody granted to Defendant by Motion to Incorporate Agreement into Decree in Divorce. (See copy of Agreement and Order Incorporating Agreement into Decree in Divorce attached hereto as Exhibit "A".) 5.? Defendant seeks to modify the current custody arrangement be ause: A. There have been significant changes in the life of Plaintiff and Defendant since the last custody agreement and Order; B. It is in the best interest of the child to spend more time with Defendant and spend time with him rather than with a babysitter; and j C. Defendant's home and lifestyle is more stable than Plaintiff's. WHEREFORE, Defendant requests the Court to modify custody of th child, awarding him additional custodial periods and adjusting of er custodial terms in the best interest of the child. Respectfully Submitted: DISSINGER AND DISSINGER By: Mary A.19t-ter Dissinger Attorney for Defendant Supreme Court I.D. #27736 j 28 North Thirty-Second Street j Camp Hill, PA 17011 (717) 975-2840 VERIFICATION the fa: Pa. I, Christopher M. Wayne, verify that the statements made in foregoing document are true and correct. I understand that .se statements herein are made subject to the penalties of 18 C.S. §4904 relating to unsworn falsification to authorities. Christopher M. Wayne, Defendant LI CH A J. WAYNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-2611 ISTOPHER M. WAYNE CIVIL ACTION - LAW Defendant IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date se forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, by First Class United States mail addressed as follows: Paige Macdonald-Matthes, Esquire 2080 Linglestown Road Suite 201 Harrisburg, PA 17112 Date: r V i Mary A. Etter Dissinger Attorney at Law RUE-`) 1 20991%" All JUN 19 200!4 LISA J. WAYNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-2611 CIVIL ACTION LAW CHRISTOPHER M. WAYNE, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this a 3 61 day of June 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pars rto a Custody Conc' ' ion Conference. A Custody Hearing is hereby scheduled on the 11r' day of , 2009 at "N am/ftrin Courtroom number 3 in the Cumberland County Court of ommon Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal Custody: The Father, Christopher M. Wayne, and the Mother, Lisa J. Wayne, shall have shared legal custody of Karleigh J. Wayne, born 12/25/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have physical custody of Karleigh every Tuesday and Wednesday from approximately 5:00 pm overnight and either drop Karleigh off at Mother's residence or at school the following morning. b. Father shall have physical custody of Karleigh every other weekend from Friday at approximately 5:00 pm until Sunday at 6:30 pm. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional. Father shall initiate the counseling within two weeks of this Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Neither parent shall unreasonably deny the Child communication with the other parent. 6. Holidays: The parents shall arrange the holiday schedule as follows unless otherwise mutually agreed upon. a. Father shall have Karleigh on Christmas Eve day from 9:00 am until 4:00 pm. Mother shall have Karleigh Christmas Eve from 4:00 pm until noon on Christmas Day. Father shall have Karleigh from noon 12/25 until 9:00 pm, or as the parties may agree. b. Mother shall have Karleigh on Easter Eve (Saturday) overnight until noon on Easter Sunday. Father shall have Karleigh from noon on Easter Sunday until 9:00 pm, or as the parties may agree. c. Father shall have Karleigh for the weekend of July 4th (unless other arrangements have been made). d. Christmas and Easter schedules shall be followed until the parties mutually agree to other times. e. The parties agree that all other holidays observed be alternated from year to year, but both agree to be flexible in scheduling. 7. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 11. A status conference is hereby scheduled with the assigned conciliator on June 1, 2009 at 8:30 am at the Court of Common Pleas, Carlisle, PA 17013. In the event that the parties feel that a conference is not necessary, the parties shall contact the assigned conciliator to cancel or reschedule. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By J. Distribution: Paige MacDonald-Matthes, Esquire Mary Dissinger, Esquire John J. Mangan, Esquire G 16. U? L?- c LISA J. WAYNE, Plaintiff V. CHRISTOPHER M. WAYNE, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2611 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL 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: Name Date of Birth Karleigh J. Wayne 12/25/2000 Currently in the Custody Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 25, 2009, an Order of Court was issued March 4, 2009 and a status conference with the undersigned was held June 1, 2009 with the following individuals in attendance: The Mother, Lisa J. Wayne personally, with her counsel, Paige MacDonald-Matthes, Esq. telephonically The Father, Christopher M. Wayne, with his counsel, Mary Dissinger, Esq. 3. Mother's position on custody is as follows: Mother essentially would like the status quo in place. Mother at this point is not willing to expand Father's custodial time with Karleigh (especially overnights). At present, Father has six (6) overnights in a fourteen (14) day period. 4. Father's position on custody is as follows: Father desires a shared custody schedule expanding his custodial periods with Karleigh. 5. The Mother, Father and the undersigned spent a considerable period of time attempting to come to an amicable solution to custody as outlined in the next paragraph. However, after the Mother and Father had an opportunity to discuss the proposed resolution with their respective counsel in the days following the conference, counsel informed the undersigned that they are requesting a custody hearing before Judge Guido. 6. The proposed physical custodial schedule that was considered (but not ultimately agreed to) is as follows: Physical custody: Summer schedule: During the summertime on a repeating two week schedule, in week one, Father would have Tuesday at 5:30 pm until Thursday at 5:30 pm. Mother would have from Thursday 5:30 pm until Friday at 5:30 pm. Father then would have from Friday 5:30 pm until Sunday at 6:30. In week two, Mother would have from Sunday 6:30 pm until Tuesday at 5:30 pm. Father would have from Tuesday 5:30 pm until Thursday 8:30 am. Mother would then have Thursday 8:30 am until Tuesday 5:30 pm. In week two on Saturday, Father would have an opportunity to have custody of Karleigh from 8:30 am until 1:30 pm while Mother is working. In the event that Mother does not work on this Saturday, the parties would choose an alternate day between Thursday and Tuesday for Father to see Karleigh for a period of five hours. -Monday Tuesda Wednesday Thursda Frida Saturday Sunda m m d d d m m d d d m m m d d d m m m (dad five hrs) m School year: During the school year, in week one, Father would pick up and drop off Karleigh at school on Tuesday and Wednesday for his overnights. On Friday, Father would pick Karleigh up at Mother's residence at 5:30 pm and have her until Sunday at 6:30 pm. In week two, Father would pick up and drop off Karleigh at school on Tuesday and Wednesday for his overnights. If Mother is not working on the following Saturday and Father is not going to see Karleigh on said Saturday, Father would pick Karleigh up after school on Thursday and have her until 8:00 pm Thursday. Holiday schedule: Whichever parent has Karleigh on the weekend before a Monday holiday and that parent is scheduled for the Monday holiday, that parent shall retain custody of Karleigh until the end of the holiday. HOLIDAYS AND TIIKES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day 1 "Half From Saturday 6 pm the day before Mother Father Easter until Sunda 3 m Easter Da 2° Half From 3 m until 9 m Father Mother Memorial Da From 9 am until 8 m Mother Father Independence 1St From 9 am until 2 pm Mother Mother half Independence P From 2 pm until 7 pm Father Father half Labor Da From 9 am until 8 m Mother Father Halloween From one hour before trick or Mother Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Da From 8 am until 8 m Mother Mother Father's Day From 8 am until 8 pm Father Father 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 8. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date Jo dMangan squire y Con iator FILED, rtt G ;c OF THE PP0,*P NOTAPY 2009 JUN 28 AM 8: 4 8 liNly CUB#5 r: /+ t :.? PENN i ?,O"N11N Paige Macdonald-Matthes, Esquire Supreme Court I. D. No. 66266 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiff LISA J. WAYNE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005-2611 CIVIL ACTION -LAW CHRISTOPHER M. WAYNE Defendant CUSTODY PLAINTIFF'S PETITION FOR CUSTODY EVALUATION PURSUANT TO Pa. R.Civ. P. 1915.8 AND NOW, comes Plaintiff, Lisa J. Wayne, by and through her counsel, Serratelli, Schiffman, Brown & Calhoon, P. C. and Paige Macdonald-Matthes, Esquire, and files her Petition for Custody Evaluation Pursuant to Pa. R.Civ. P. 1915.8 and avers as follows: 1. Procedural History Petitioner is Lisa J. Wayne, the Plaintiff in the above custody action, who resides at 816 Linwood Street, New Cumberland, Cumberland County, Pennsylvania. 2. Respondent is Christopher M. Wayne, the Defendant in the custody action, who resides at 1009 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania. 3. The Parties are the parents of one minor child, Karleigh J. Wayne, DOB 12/25/00 (hereinafter "Karleigh") 4. Petitioner has had primary physical custody of Karleigh since September 25, 2006 pursuant to an agreement of the Parties that was incorporated by reference as an Order of Court dated January 31, 2006. 5. Respondent filed his first Petition to Modify Custody on January 9, 2009. 6. Petitioner filed her first reply in opposition to Respondent's Petition on February 2, 2009, together with her Cross Petition to Modify Custody. Petitioner filed her Amended Cross Petition to Modify Custody on February 6, 2009. 7. A conciliation conference was first held in this matter on February 25, 2009. Following the conclusion of the conference, this Honorable Court entered an Order of Court on March 4, 2009, whereby Petitioner was granted shared legal custody and primary physical custody of Karleigh. 8. A "status conference" was scheduled by the Court for June 1, 2009. Following the status conference on June 1, 2009, this Honorable Court entered a subsequent Order whereby Petitioner was granted shared legal custody and primary physical custody of Karleigh and further scheduled a hearing in this matter for August 13, 2009.' 9. On June 1, 2009, Respondent filed his Amended Petition to Modify Custody in which Respondent alleged for the first time that "[Respondent's] home and lifestyle is more stable than Plaintiffs" in support of his request for shared physical custody of Karleigh. 1 Due to scheduling conflicts, counsel for both Parties have agreed to reschedule this hearing date. II. Facts Supportine- Petition 10. The Petitioner has always been the child's primary caregiver and Karleigh looks to Petitioner as a constant source of love, stability and support. 11. During the past several years Respondent has spent very little, if any, quality time with Karleigh. 12. Since the Parties' separation, Respondent has consistently demonstrated his willingness to place his own physical and emotional needs ahead of Karleigh. 13. Respondent is now remarried and is currently living with his wife and her three (3) children from her former marriage. 14. It is undisputed that the step-siblings have been mean to Karleigh and routinely call her names. When Karleigh has asked Respondent to intervene on her behalf, Respondent has berated Karleigh for being "a tattle tale." The names that Karleigh has been called by her step-siblings have created tremendous self-esteem issues for Karleigh, and have further created additional problems for Karleigh associated with her increased anxiety- all of which have necessitated the need for Karleigh to participate in therapy sessions. Karleigh's therapist has reported that Karleigh often feels "isolated" as a result of the behaviors demonstrated by her father, her step-mother and step-siblings.2 15. On June 1, 2009, Respondent filed his Amended Petition to Modify Custody in which he alleged for the first time that "[Respondent's] home and lifestyle is more stable than Plaintiff's," yet offered nothing by way of factual averments that would support this bald claim. 2 Respondent and his counsel have been in possession of a copy of Karleigh's therapist's report since February 25, 2009. 16. In light of the fact that it now appears that Respondent is now taking the position that his "home and lifestyle is more stable for Karleigh than Plaintiff's," and in light of the therapist's report that Karleigh often feels isolated when she visits with Respondent and his family, Petitioner is requesting that the Court require Respondent to submit to a custody evaluation and home study forthwith. Petitioner is further requesting that the Court direct Respondent to equally share in the costs associated with the same, especially since Respondent has now averred that his home and lifestyle is allegedly more "stable" than Petitioner's. 17. A hearing date on the Petition to Modify Custody is presently scheduled for August 13, 2009. However, Petitioner believes that it will not be possible to complete the necessary custody evaluation prior to that date and that the hearing should therefore be continued until a full custody evaluation can be completed. 18. Petitioner's requested relief is proper pursuant to Pa. R.Civ. P. 1915.8. 19. This case is currently assigned to the Honorable Edward E. Guido. WHEREFORE, Petitioner, Lisa J. Wayne respectfully requests this Honorable Court enter an Order directing Respondent to cooperate fully in a complete custody evaluation and share evenly in the costs associated with the same, and that the hearing on the Respondent's Petition to Modify Custody and Petitioner's Cross Petition to Modify Custody presently scheduled for August 13, 2009 be continued until the custody evaluation is successfully completed, and further award Petitioner all such other relief as is proper and just. Respectfully submitted, Date: July 7, 2009 SERRATELLI SCHIFFMAN BROWN & CALHOON i_ e b,.1 X 01 ?u ?"" Paige Macdonald-Matthes, Esquire Attorney No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff/Petitioner CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Plaintiff in the above captioned matter, certify that on this 7th day of July, 2009, I served a copy of the foregoing Plaintiff's Petition for Custody Evaluation Pursuant to Pa. R.Civ. P. 1915.8 upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Mary A. Etter Dissinger, Esquire 28 North Thirty-Second Street Camp Hill, PA 17011 The Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (Courtesy copy) C1Ao ?? 1 H a n 0- ..((Ac Paige Ma donald-Matthes, Esquire M uMt1cAnour 1. Lisa J. Wayne a* that the a ementr made in the foregoing Petition far Custody Evaluation arc true and eorrect. I wWaswW that false statements herein sm made whjw to Ure Penalties of IS Pa. C.S. Seeti*n 4904, relating to unswom 1I2fiC4liAM tp authorities, Cate: C.`` -tzj, Way ?. T? , - ??? -;-„ t'_ i_' LISA J. WAYNE, Plaintiff VS. CHRISTOPHER M. WAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY MOTION TO RESCHEDULE AND NOW comes Mary A. Etter Dissinger, counsel for Christopher M. Wayne and requests the court to grant her Motion to Reschedule the hearing currently scheduled for August 13, 2009 in support of the motion avers as follows: 1. Petitioner is Mary A. Etter Dissinger of the law firm Dissinger & Dissinger who represents the Defendant, Christopher M. Wayne. 2. The Honorable Edward E. Guido has been assigned to hear this custody hearing on August 13, 2009 at 9:30 a.m. in courtroom number 3 and has presided over this matter by signing a prior Order recommended by the Conciliator. 3. Petitioner will be out of the country from July 31, 2009 through August 15, 2009 and will be unable to attend the set hearing. 4. Attorney Paige Macdonald-Matthes who represents the Plaintiff, Lisa J. Wayne, also has a conflict with the date scheduled for hearing. 5. Petitioner requests that this custody matter be rescheduled. 6. Counsel for the Plaintiff, Lisa J. Wayne, has no objection to the rescheduling and has been notified that this motion would be filed. 7. Attorney Paige Macdonald-Matthes has indicated to Petitioner that in addition to being unavailable on the date currently set for hearing, she would not be available for hearing until either late August or early September 2009 due to her current schedule. WHEREFORE, Petitioner requests that the custody matter scheduled for August 13, 2009 at 9:30 a.m. be rescheduled to another date and time. Respectfully Submitted, DISSINGER AND DISSINGER 1 Mary A. Ltter Dissinger Attorney for Plaintiff Supreme Court ID #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 LISA J. WAYNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-2611 CHRISTOPHER M. WAYNE CIVIL ACTION - LAW Defendant IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon opposing counsel, by First Class United States mail addressed as follows: Paige Macdonald-Matthes, Esq. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Date: _ 2009 Mary A. Etter Dissing Attorney for Defendant A LLIi 'ViVl- CF THIF p,-.^" J''W"ITAPY 2009 JUL -9 AK !U: 09 LISA J. WAYNE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTOPHER M. WAYNE, Defendant NO. 2005-2611 CIVIL ACTION -LAW CUSTODY RULE AND NOW, this!day of July, 2009, upon consideration of Plaintiff's Petition for Custody Evaluation Pursuant to Pa. R.Civ. P. 1915.8, a Rule is issued to Defendant to show cause, if he has, why the relief requested in Plaintiff's Petition should not be granted. RULE RETURNABLE on a9 , 2009 in Courtroom No. , Cumberland County Court of Common Pleas, at -' //p.m. TH E COU W J. ,,,0istribution List: ZMary ige Macdonald-Matthes, Esquire, 2080 Linglestown Rd., Harrisburg, PA 17110 A. Etter Dissinger, Esquire, 28 North Thirty-Second Street, Camp Hill, PA 17011 7/ro/o9 --ayq L. l i- OF THEF !A 2099 YUL 10 PH 3. 5 U JUL 10 2009 ,? 3 LISA J. WAYNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. • NO, 05--2611 CHRISTOPHER M. WAYNE • Defendant CIVIL ACTION - LAW i IN DIVORCE and CUSTODY ORDER AND NOW this 4WON' day of for counsel of Defendant th -----' 2009, upon motion August a.m. in 13, 2009 is rescheduled to aring previously scheduled for r--- /. bip the Cumberland Count --• y Cou 2009 at rthouse, courtroom number 0 20 )Distribution: Paige Macdonald-Matthes, Esq. 2080 Linglestown Rd., Mary A. Etter Dissinger, Esq. 28 N, Thirty-Second St.Camp?HaHilrril,sbuPArg, 170 PA 11 17110 LL ??i?/oq FfLEfi OF THE TTY 20009 J UL i I LISA J. WAYNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-2611 CHRISTOPHER M. WAYNE CIVIL ACTION - LAW Defendant IN DIVORCE and CUSTODY RESPONSE TO RULE TO SHOW CAUSE AND NOW comes Respondent, Christopher M. Wayne, by and through his counsel, Dissinger & Dissinger, and Mary A. Etter Dissinger, Esquire, and files his response to the Rule to Show Cause issued by this Honorable Court on July 14, 2009 in regard to Plaintiff's Petition for a Custody Evaluation, and avers as follows: I. Procedural History 1. Admitted. 2. Admitted in part and denied in part. It is denied Respondent lives in Cumberland County. He resides in York County. 3. Admitted. 4. Admitted in part and denied in part. It is denied that Petitioner had primary physical custody of Karleigh since September 25, 2006. By way of further answer it is averred she has had custody since September 25, 2005. 5. Admitted. 6. Admitted. 7. Admitted. By way of further answer, it is averred the Order confirmed the prior agreement of the parties. 8. Admitted. By way of further answer it is averred the subsequent Order affirmed the prior Order of March 4, 2009 and scheduled the hearing. 9. Admitted. II. Facts Supporting Petition 10. Admitted in part and denied in part. To the extent that Petitioner asserts that the child looks to her as a constant source of love, stability, and support, Respondent avers that the minor child looks to him too as a constant source of love, stability, and support. 11. Denied. It is denied that in the past several years Respondent has spent little, if any, quality time with Karleigh. 12. Denied. It is denied that Respondent has consistently demonstrated a willingness to place his own physical and emotional needs ahead of Karleigh. 13. Admitted. 14. Denied. It is denied that the step siblings of Karleigh routinely call her names. By way of further answer it is averred that one time they called her "fat." Respondent addressed this with the step siblings and with the minor child and believed that the issue was resolved. For four weeks thereafter Karleigh continued to report that one-time event as though it recurred, when it had not. It is denied that the Respondent berated Karleigh. It is denied that Karleigh has been called names by her step siblings. It is denied that Karleigh has tremendous self esteem issues. It is denied that Karleigh has any anxiety that necessitates therapy. Karleigh's therapist has only received information from Petitioner herein and from the minor child and the therapist has refused to involve Respondent in any meaningful way, refuses to seek his perspective, and has refused to provide him with any information with regard to her "therapy" of the child until contacted by Respondent's counsel, and then was provided a perfunctory letter and a payment history for services rendered. By way of further answer Respondent avers that it is his belief that the "therapy" is to assist Karleigh in dealing with the anxiety projected upon her by Petitioner. 15. Admitted. 16. Admitted in part and denied in part. It is denied that a custody evaluation is essential for this Court to determine whether or not a home or a lifestyle is more stable than another home or another lifestyle. Respondent believes that the Court is capable of hearing the facts presented by both parties and making that determination without the assistance of a custody evaluation. 17. Admitted as to the date of filing the Petition for a Custody Evaluation. By way of further answer it is averred that this matter has been rescheduled from August 13, 2009 to September 3, 2009, the prior hearing being rescheduled by agreement of both counsel who both had conflicts with the August 13, 2009 hearing date. 18. Denied. The Respondent believes that the Petition is not proper and believes it is intended to delay this case further. 19. Admitted. WHEREFORE, Respondent, Christopher M. Wayne, respectfully requests the Court to deny the request for a custody evaluation, but in the event that the Court determines that it would be of assistance to Court to have such an evaluation, and that it is not interposed for purposes of delay, Respondent will cooperate and is willing to pay half the cost. Respectfully Submitted: Date: July 2009 DISSINGER AND DISSINGER Mary A. Etter Dissinger Attorney for Defendant Supreme Court I.D. #27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Christopher M. Wayne, verify that the foregoing facts are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Christopher M. Wayne LISA J. WAYNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-2611 CHRISTOPHER M. WAYNE CIVIL ACTION - LAW Defendant IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon opposing counsel, by First Class United States mail addressed as follows: Paige Macdonald-Matthes, Esq. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Date: 2009 Mary A. Etter Dis nger Attorney for Defendant Fl L EI.J'j 1E E??. O EG A , PY 2009 J L 24 14M i;c: q 3 t 4 r l LISA J. WAYNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2611 CIVIL TERM CHRISTOPHER M. WAYNE, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this 29th day of July, 2009, the hearing currently scheduled for September 3, 2009, at 1:00 p.m. is rescheduled to December 14, 2009, at 9:30 a.m. so that the parties may submit to a custody evaluation. ? Paige Macdonald-Matthes, Esquire /Attorney for Plaintiff Z Mary A. Etter Dissinger, Esquire Attorney for Defendant srs IT CS ryla L LrLCL 7/2 fj?7 ?--Zl OF THE I' " {'''NOTARY 269JUL31 N12:03 ref; P «- Defendant NO. 2005-2611 CIVIL ACTION -LAW : CUSTODY ORDER OF COURT y4 AND NOW, thisa r day of July, 2009, upon consideration of the attached Petition for JUL 0 9 2009 ?.; LISA J. WAYNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTOPHER M. WAYNE, Custody Evaluation Pursuant to Pa. R.Civ. P. 1915.8, it is hereby ORDERED, that: 1. The evaluatorXshall be Arnold T. Shienvold, Ph.D. or J will be selected by the parties. 2. The evaluator shall conduct a '_1 Physical Evaluation Ll Psychological Evaluation `Custody Evaluation `?J Drug and/or Alcohol Evaluation Home Study D Other 3. The evaluator )( shall J shall not make specific recommendations for legal and physical custody. If the evaluator makes specific recommendations, the evaluator shall state the specific reasons for the recommendations. 4. The parties shall participate fully with the evaluator on a timely basis, including retaining the evaluator upon appropriate terms, scheduling appointments, paying promptly, participating in all sessions and in appropriate testing recommended by the evaluator and executing any reasonable consents relating to themselves and their children. E 5. Both parties shall promptly cooperate to maximize the use of available insurance coverage, if any, and to notify the other party of the result. The ? Plaintiff )(I)efendant shall submit the costs to his or her insurance first. The cost of the unreimbursed portion of the evaluation shall preliminarily be allocated between the parties with the Plaintiff paying 50% and the Defendant paying 50% without prejudice to the ultimate apportionment of such costs by subsequent agreement of the parties or order of court. 6. cosh the evals9idp shall be, er by the coliptr, -sul t to reimbursement by 7. The cost for the evaluators time for depositions and/or testimony for hearing shall be 'L7 allocated % to the Plaintiff and % to the Defendant or )6aid by the party seeking the testimony. V< The evaluator may consult with and/or interview any person the evaluator reasonably believes can provide the relevant information including other experts and/or fact witnesses. W*""9. The evaluator may utilize the services of another qualified professional (e.g. to perform additional services) without court approval. 00#010. Subject to the applicable rules of evidence, the evaluator's file (including notes, exhibits, correspondence, test interpretations and, to the extent it is not a violation of copyright law or applicable professional rules, raw test data) shall promptly be made available to counsel for the parties. f* 11. Provided that the parties cooperate on a timely basis, the evaluator shall deliver his or her report to counsel for the parties, any unrepresented party, the guardian ad litem, if any, and to the court at least i-4-days prior to the first day of trial. The report shall not be filed of record. 12. Prior to and/or subsequent to the submission of the evaluator's written report, counsel for the parties shall not be permitted to communicate with the evaluator as to substantive issues, without the consent or direct participation of counsel for the other party. 13. If the report or any information from the evaluator is provided to the court, the evaluator shall be subject to cross examination by all counsel and any unrepresented party regardless of who obtains or pays the services of the evaluator. 14. The evaluator shall be provided with a copy of this order. 15. The evaluator's report shall not be inappropriately disseminated. Ll 16. Other provisions: FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS. BY J. Distribution List: ,/Paige Macdonald-Matthes, Esq., 2080 Linglestown Rd., Harrisburg, PA 17110 , -'Mary A. Etter Dissinger, Esquire, 28 North Thirty-Second Street, Camp Hill, PA 17011 CT 7/31I0Y OF TKO 2009 S UL 31 Fii 2: GO Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff LISA J. WAYNE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005-2611 CIVIL ACTION -LAW CHRISTOPHER M. WAYNE Defendant CUSTODY PLAINTIFF'S MOTION TO CONTINUE CUSTODY TRIAL AND NOW, comes Plaintiff, Lisa J. Wayne by and through her counsel, Paige Macdonald-Matthes, Esquire and Serratelli, Schiff nan, Brown & Calhoon, P. C., and files her Motion to Continue Custody Trial, and in support thereof avers as follows: 1. Pursuant to an Order of Court dated July 29, 2009, the Parties were directed to submit to a custody evaluation performed by Arnold T. Shienvold, Ph.D. 2. In accordance with the Court's July 29, 2009 Order of Court, the Parties did in fact participate in and complete a custody evaluation with Dr. Shienvold. 3. Pursuant to the Parties' fee agreement with Dr. Shienvold, the Parties agreed, inter alia, that Dr. Shienvold would not write his final report until he had received payment in full. 4. In a telephone call to Dr. Shienvold's office on December 8, 2009, the undersigned counsel has been advised of the following: a. On November 11, 2009, Defendant requested an additional meeting with Dr. Shienvold, unbeknownst to Plaintiff. b. On November 16, 2009, Dr. Shienvold met with Defendant, again unbeknownst to Plaintiff; c. On November 25, 2009, Dr. Shienvold's office mailed the Parties a statement showing a balance due. The additional balance due was caused in part by the additional time that Dr. Shienvold spent with Defendant; d. On that same day, November 25, 2009, (and prior to his receipt of the mailed invoice), Defendant called Dr. Shienvold's office at which time he was orally advised of his share of the outstanding balance due. Defendant paid his share of the outstanding balance that same day over the telephone using a credit card. e. Plaintiff did not learn of the outstanding balance due (again, as a result of Dr. Shienvold's additional time with Defendant) until after Thanksgiving when she received Dr. Shienvold's invoice in the mail. Upon her receipt of the invoice on December 2, 2009, Plaintiff immediately contacted Dr. Shienvold's office and paid her share of the remaining balance by credit card over the telephone. 5. Dr. Shienvold delivered a copy of his report to counsel for the Parties on Monday, December 7, 2009 via facsimile, as evidenced by the fax cover sheets attached hereto and collectively marked as Exhibit "A". 6. Plaintiff's counsel learned shortly following her receipt of Dr. Shienvold's report that Dr. Shienvold was leaving the country on Tuesday, December 8, 2009 and would not be available for the trial in this matter currently scheduled for December 14, 2009. 7. Plaintiff's counsel has since learned that Dr. Shienvold will be returning to the country on Monday December 21, 2009 but has a medical appointment on Tuesday, December 22, 2009. Dr. Shienvold will however, be available after December 22, 2009 to testify in this matter. 8. The undersigned counsel contacted Defendant's counsel on Tuesday, December 8, 2009 to inquire whether her client still wished to proceed with the custody proceeding in light of the report that counsel for both Parties received from Dr. Shienvold on Monday afternoon, December 7, 2009. Defendant's counsel indicated that notwithstanding the report, her client did in fact still intend to proceed. When the undersigned counsel advised Defense counsel that Dr. Shienvold was out of the country, Defense counsel indicated that she too was unaware that Dr. Shienvold was not going to be available for the trial currently scheduled for December 14, 2009 but did not see it as a problem since she did not want to call Dr. Shienvold to testify any way in light of the report. 9. The Court will recall that it was the Defendant who initiated this proceeding by filing a Petition to Modify Custody in which Defendant averred, inter alia, that a change in custody was warranted because "It is in the best interest of the child to spend more time with him;" and further because "Defendant's home and life style is more stable than Plaintiff's." See Defendant's May 23, 2009 "Amended Petition to Modify" at paragraph 5. 10. Plaintiff believes and therefore avers that Dr. Shienvold's December 7, 2009 Report specifically addresses and discounts Defendant's claims such that Dr. Shienvold's testimony is not only essential but is critical for Plaintiff's defense to Defendant's claims. 11. Plaintiff will be prejudiced if the relief requested in this Motion is not granted and she is not permitted to call Dr. Shienvold as a witness in this case. 12. Plaintiff has spent a considerable amount of money for the custody evaluation and consequently Plaintiff will be further prejudiced if she is not afforded the opportunity to call Dr. Shienvold as a witness in this matter to testify concerning his findings during his custody evaluation. 13. Neither party will be prejudiced by the relief sought by Plaintiff in this Motion as Plaintiff is not requesting an indefinite continuance, but rather is simply asking the Court to reschedule this case for a time following Dr. Shienvold's return from abroad. 14. During a telephone call that took place on Tuesday, December 8, 2009, the undersigned counsel discussed with Defendant's counsel the fact that she would be filing a Motion with the Court seeking a limited continuance of the trial scheduled in this matter in order to afford her client the opportunity to call Dr. Shienvold to testify on her behalf. Defendant's counsel indicated that she would not concur in the within Motion. 15. This matter has been assigned to The Honorable Edward E. Guido. WHEREFORE, Plaintiff, Lisa J. Wayne respectfully requests that this Honorable Court grant her Motion, continue the Custody Trial of this case to a date following December 22, 2009, and further award Plaintiff all such other relief as is proper and just. Respectfully submitted, Dated: December 9, 2009 Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 VERIFICATION I, Lisa J. Wayne, verify that the statements made in the foregoing Motion to Continue Custody Trial are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. 0 Date: / isa J. Wayn ,? f ?` ?,??, , Dec 07 09 12:02p Riegler Shienvold & Assoc Riegler - Shienvold & Associates FAX COVER SHEET DATE: TO: FAX: AAaministraLive Assistant mom: Susan Sm* PHONE: 7r7--540-13I3 TAX: 7z--540-x416 EMAIL: rsanarcnting l.com TOTAL, PAGES (inducing cover keet) Cq 5 ORIGINAL TO BE MAILED: YES NO SUBJECT: 717-540-1416 P.1 Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, -MS James Eash, LSW Bonnie Howard, Ph.D. Airy K. Keisling, ACSW, LCSW Tracy Richards, QCSW, LCSW Dyanne Sage, QCS%, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW John Sivley, LCSW, CAC Janet Frankel Staub, LCSW, QCSW NOTES: ***?`'`*****'?* **'?**********'? CONFIDENTIALITY NOTICE The documents accompanying this telecopy may contain confidentiai information which is legally privileged: the infonnation is inwuM only for the use of the recipient. You are hereby notified that any disclosure, copying, distnbution or the taking of any action in reliance on the oontaits of this information is strictly prohibited. If you have received this telecopy in error, please immediately notify sender by telephone to arrange for return of the original documents to the sender. Thank you. 2151 Linglestown Road, Suite 200 - Harrisburg, Pennsylvania 17110 • (717) 540-1313 - Fax: (717) 540-1416 www.rieglershienvold.com nrnrrurn THE n[(` l Ii.rAAAA ?? f7 A 9 Riegler - Shienvold & Associates FAX COVER SHEET DATE: TO: PAX: PRoM: Susan Smith, Administrative Assistant PHONE: Z27_-54Q_-BB PAX: 7U-5q.o-i¢i6 EMAIL: rsaDarmfiraAA61,com A-5- TOTAL PAGES (indw)ing cover keet) 46?__ ORIGINAL TO BB bA AILED: YES C_ 1NT0 Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Pb.D. Ann Vergales, ACSW, LCSW Kasey ShienvoId, Psy.D. Shanen Turk-Geller, LCSW John Sivlcy, LCSW, CAC Janet Frankel Staub, LCSW, QCS W NOTES: **?`********** CONFIDENTIALITY NOTICE *****?********** The documents accompanying this telecopy may contain confidential information which is 1eply privileged: the in r% nation is imended only for the use of the recipient. You are hereby notified that any disclosure, copyigg, distribution or the taking of any action in reliance on the contents ofthis Mmmation is strictly prohibited. If you have received this telecopy in error, please inmaed ately notify sender by telephone to arrange for return of the original documents to the sender. Thank you. 2151 Linglestown Road, Suite 200 - Harrisburg, Pennsylvania 17110 - (717) 540-1313 - Fax: (717) 540-1416 www.rieg.lershienvold.com i? /' /) 9 HP O(8ceJet Pro L7600 All-In-One series Fax Lop 1br Riegler Shlenvold & Assoc 717-5404416 Dec 07 2009 12:OOPM Last Transaction Date Time Type Station ID Duration Pages Result Dec 7 11:51AM Fax Sent 9753924 8:01 25 OK CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion to Continue Custody Trial has been served upon all parties of interest by facsimile and by placing the same in the United States Mail, first-class, postage pre-paid, at Harrisburg, Pennsylvania, on this 91" day of December, 2009, and addressed as follows: Mary A. Etter Dissinger, Esquire DISSENGER & DISSENGER 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 975-3924 (facsimile) Paige Macdonald-Matthes, Esquire THE fILED--OFFCE 1 1`,f THCONOTAW 2009 DEC -9 AN 11: 2 3 CUB J' am' rG'JN" "'Uvlr\N, l,^' LISA J. WAYNE, Plaintiff vs. CHRISTOPHER M. WAYNE Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY RESPONSE TO PLAINTISS'S MOTION FOR CONTINUANCE OF CUSTODY HEARING SCHEDULED FOR DECEMBER 16, 2009 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant is without sufficient knowledge as to the communications Plaintiff's counsel received from Dr. Sheinvold's office and therefore same are denied and proof demanded at time of hearing. As for allegations of which Defendant has knowledge, he avers: a. Denied. Defendant did not request additional sessions with Dr. Sheinvold. By way of further answer it is averred that at a session he told Dr. Sheinvold there were more facts he wished to share with the evaluator and Dr. Sheinvold told him to schedule three (3) additional appointments, which were scheduled for November 11, 16, and 18, and at the conclusion of the November 16 conference, Defendant was told "we finished early ...you can cancel the next meeting," which Defendant did. By way of further answer it is averred Defendant does not believe there are a prescribed number of meetings he is to have with the evaluator before some are considered "additional." t b. Denied. Defendant is unaware of what Plaintiff knew and therefore same is denied and proof demanded at time of hearing. By way of further answer it is averred that Defendant never knew when Plaintiff's appointments were scheduled, nor when she took the minor child for meetings. By way of further answer he was not aware Plaintiff had an expectation he would notify her of his sessions with Dr. Sheinvold. c. Admitted in part and denied inpart. It is denied Defendant had additional time with Dr. Sheinvold. d. Admitted. e. Denied. Defendant is without sufficient knowledge to admit or deny the allegation and therefore same is denied. It is denied Defendant had "additional" times with Dr. Sheinvold. 5. Admitted. 6. Denied. Defendant is without sufficient knowledge to admit or deny the averments and therefore same is denied. By way of further answer it is averred that Plaintiff filed a Petition in early July 2009 seeking a custody evaluation and specifically requesting Dr. Arnold Sheinvold to do the evaluation. As a result of the request, the custody hearing previously scheduled to be heard on September 3, 2009 was rescheduled to December 16, 2009 by Order dated July 29, 2009 immediately following a hearing granting Plaintiff's request for the custody evaluation she sought, and directing the parties to cooperate. By way of further answer it is averred that Plaintiff and her counsel had an obligation to the parties and the Court which arose on July 29, 2009 to assure that their witnesses were prepared and available to testify on December 14, 2009. It is not Defendant's responsibility to make sure Plaintiff's intended witnesses are available for Plaintiff. I, , 7. Denied. Defendant is without sufficient knowledge to admit or deny the allegations and therefore same are denied. By way of further answer it is averred that Plaintiff filed a Petition in early July 2009 seeking a custody evaluation and specifically requesting Dr. Arnold Sheinvold to do the evaluation. As a result of the request, the custody hearing previously scheduled to be heard on September 3, 2009 was rescheduled to December 16, 2009 by Order dated July 29, 2009 immediately following a hearing granting Plaintiff's request for the custody evaluation she sought, and directing the parties to cooperate. By way of further answer it is averred that Plaintiff and her counsel had an obligation to the parties and the Court which arose on July 29, 2009 to assure that their witnesses were prepared and available to testify on December 14, 2009. It is not Defendant's responsibility to make sure Plaintiff's intended witnesses are available for Plaintiff. 8. Admitted. 9. The Court will recall that Plaintiff filed a Petition in early July 2009 seeking a custody evaluation and specifically requesting Dr. Arnold Sheinvold to do the evaluation. As a result of the request, the custody hearing previously scheduled to be heard on September 3, 2009 was rescheduled to December 16, 2009 by Order dated July 29, 2009 immediately following a hearing granting Plaintiff's request for the custody evaluation she sought, and directing the parties to cooperate. By way of further answer it is averred that Plaintiff and her counsel had an obligation to the parties and the Court which arose on July 29, 2009 to assure that their witnesses were prepared and available to testify on theri behalf on December 14, 2009. It is not Defendant's responsibility to make sure Plaintiff's intended witnesses are available for Plaintiff. 10. Denied. Defendant is without knowledge as to what Plaintiff believes and therefore same is denied. 11. Denied. Plaintiff is without sufficient knowledge as to whether the unavailability of Dr. Sheinvold prejudices Plaintiff's case, but delaying this case further will prejudice Defendant's rights to have this matter resolved timely, especially since all parties knew in July the date on which this matter was to be heard. It is not Defendant's responsibility to make sure Plaintiff has committed her witnesses to the trial date. 12. Admitted in part and denied in part. Defendant is without knowledge as to whether Plaintiff's case will be prejudiced or not. Defendant believes the Court is experienced enough in custody matters to hear the testimony of the parties and all witnesses the parties have arranged for in advance to determine the best interest of the child. 13. Denied. It is denied neither party will be prejudiced by delaying this matter further. By way of further answer this matter was continued specifically so Plaintiff could have the custody evaluation done by Dr. Sheinvold. To delay this matter further because she did not arrange for his testimony on the date of hearing delays further Defendant's request for the court to address the best interest of the parties' child. Defendant believes that if Plaintiff was unaware of his unavailability, she has not made arrangements to pay for his services in accordance with the Order of July 29, 2009 and did not intend to call him to testify. 14. Admitted. 15. Admitted. Wherefore, Defendant respectfully request this Honorable Court to deny the request to continue this matter to another time. Respectfully Submitted: DISSINGER AND DISSINGER By: Mary A. Etter Dissing Attorney for Defendant Supreme Court I.D. #27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 vmzrxcAT;Low I, Christopher M. Wayne, verify that the statements made in the foregoing document are true and correct. I underatand that false statements herein are made subject to the peonal.ties of 18 Pa.C.S. 44904 relating to tinsworn falsification to authorities. & . stopher M. Wayne, Defendant LISA J. WAYNE, Plaintiff VS. CHRISTOPHER M. WAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Plaintiff, by fax to (717)635-2952 and by First Class United States mail addressed as follows : Paige Macdonald-Matthes, Esquire 2080 Linglestown Road Suite 201 Harrisburg, PA 17112 Date:12/09/09 Mary A. Etter Dissinger Attorney at Law rHCE t Y-- THE 1 ""DEC _9 pil ?: 29 r LISA J. WAYNE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTOPHER M. WAYNE Defendant NO. 2005-2611 CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this f?*Jay of December, 2009, upon consideration of the Plaintiff's Motion To Continue Custody Trial and Defendant's response, if any, thereto, it is hereby ORDERED that said Motion is @*"T V ?N ?, a SG t d „?, (ed _ The Custody Trial in this case shall ?@!Fesohv4tikd to C Z eA be /L 14? ?0 0 UL VA;eR . A16*+w V'A a.m./p.m. _L_ L. .?,es•k?Mb?? ?31?nv? C-T o? ?a r3U0LIJ, f -*,L3 ) ;?0o ? y;3G M. Ir- . C T, Edward E. Guido, J. OF THE i'R0?-. NOTARY 2009 DEC 10 AM 9: 4 7 C?JIVar.+wAi'ip t"'i-luIN 1 LISA J. WAYNE, Plaintiff vs. CHRISTOPHER M. WAYNE Defendant 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2611 CIVIL ACTION - LAW IN DIVORCE and CUSTODY ORDER AND NOW this M-ay of December, 2009, the Motion for Continuance is denied. By the Court: i .00 FIB-D-ORICE OF THE PROTHONOTARY 2009 DEC 11 AM 8: 40 CUM L.',.:1L y` 1OU Y 1 PENNSYLVANIA /t e- /.21.iIle g f ? A LISA J. WAYNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2611 CIVIL TERM CHRISTOPHER M. WAYNE, CIVIL ACTION - LAW Defendant IN CUSTODY a ORDER OF COURT AND NOW, this 23rd day of December, 2009, afte hearing, it is ordered and directed as follows: 1. Legal Custody: The Father, Christopher M. Wayne, and the Mother, Lisa J. Wayne, shall have shared legal custody of Karleigh J. Wayne, born 12/25/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Mother shall sign any authorizations requested by Father to allow the West Shore School personnel to communicate with him [as well as with her] in connection with Karleigh's progress or any other issues Karleigh may have in school. To the extent that the joint custody provisions of this paragraph are deemed insufficient by any provider, Mother shall further sign all authorizations necessary for the release of any records or f • f reports concerning the Child to Father including, but not limited to, medical, dental, religious and school records. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have physical custody of Karleigh overnight every Wednesday and Thursday beginning after school on Wednesday. He shall be responsible to see that Karleigh gets to school on Thursday and Friday mornings. b. Father shall have physical custody of Karleigh every other weekend from Friday after school until Sunday at 6:30 p.m. . C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. Father shall initiate the counseling within two weeks of this Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. The parties shall continue in said counseling until discharged by the counselor. 4. The Child shall remain in individual counseling with Ms. Lemke or any other agreed-upon counselor until she is successfully discharged. Father is directed to take steps to become integrated into the counseling as soon as practical. Mother shall cooperate in seeing that Father is appropriately integrated. Ms. Lemke is also directed to cooperate fully in this regard unless there is an articulable therapeutic reason not to do so. In said event, a reason or reasons shall be conveyed in writing to Father. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Neither parent shall unreasonably deny the Child communication with the other parent. 6. Holidays: The parents shall arrange the holiday schedule as follows unless otherwise mutually agreed upon: a. Christmas shall be divided into two segments. Segment A shall be from 4:00 p.m. Christmas Eve until noon on Christmas day. Segment B shall be from noon on Christmas day until 9:00 p.m. Christmas night. Father shall have Segment A in odd-numbered years and Segment B in even-numbered years. Mother shall have Segment A in even-numbered years and Segment B in odd-numbered years. b. Easter shall be divided into two segments. Segment A shall be from 5:00 on the Saturday before Easter until noon on Easter Sunday. Segment B shall be from noon on Easter Sunday until 9:00 p.m. on Easter Sunday. Father shall have Segment A in even- numbered years and Segment B in odd-numbered years. Mother shall have Segment A in odd-numbered years and Segment B in even-numbered years. C. Father shall have Karleigh for the weekend of July 4th (unless other arrangements have been made). d. The parties agree that all other holidays observed be alternated from year to year, but both agree to be flexible in scheduling. The above holiday schedule shall supersede other periods of partial physical custody. 7. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within 24 hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial parent shall notify the other parties as soon as possible after the emergency is handled. aige MacDonald-Matthes, Esquire Attorney for Plaintiff Mary Dissinger, Esquire Attorney for Defendant Sheriff I ,,? - h ?I d srs I. ? s?iv