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HomeMy WebLinkAbout05-2814 Timothy Knizner, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYL VANIA vs. CIVIL ACTION - LAW CUSTODY ()j-. .) fN # CIVIL TERM Virginia S. Knizner, Defendant COMPLAINT FOR JOINT AND SHARED CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: I. The Plaintiff is, Timothy Knizner, hereafter referred to as the natural father, residing at 650 Easy Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Virginia S. Knizner, hereafter referred to as the natural mother, residing at 920 North Front Street, Wormleysburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks legal custody of the following child: a. Name Present Residence Age Evan Patrick Knizner 920 North Front Street, 3 months W ormleysburg, Pennsylvania b. The child was born on February 10,2005. c. The child is presently in the custody of the natural mother, who resides at 920 North Front Street, Wormleysburg, Cumberland County, Pennsylvania. d. The child has resided with the following persons and at the following addresses for the past 3 months: Persons Address Dates Virginia S. Knizner 920 North Front Street February 10 - Present W ormleysburg, Pennsylvania Father has seen child daily. 3. 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. 4. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 5. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. 7. Pursuant to the Custody and Grandparents Visitation Act, the father requests this Court to grant an award of legal custody to him. 8. The father requests shared physical custody of the child in that he is in a better position to provide consistent and stable care for the child and he is the parent more likely to assure that the child have a relationship with both parents. 9. The best interests and permanent welfare of the child and his physical, spiritual, emotional and moral well-being will be served by granting the relief requested of legal and physical custody with the father. 10. The parties shall have jointly, shared, legal custody of the child, with parents to share in decision making involving the child, including but not limited to, the child's health, welfare, education, religious training, and upbringing shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Day to day decisions shall be the responsibility of the parent then having the child with them, including as to emergency decisions of a medical nature. Each parent shall have the ability to receive full and complete information from any doctor, dentist, psychologist or counselor, school, or other professional or authority and to have copies of school, medical, and other records or reports concerning the child given to either party as a parent, to attend the children's activities and performances and to receive notice in advance of these. a. The parents shall share actual physical custody of the child as follows: 1. The parents agree to continue using the same child care provider, Tender Years Day Care, in which the child is currently enrolled, with each parent paying fifty (50%) per cent of those costs. 2. (A) The parents agree that the father shall pick up the child at day care at 4 p.m. and have the child until the following Monday at 4 p.m., when the mother shall pick up the child from day care at 4 p.m. The mother shall have the child until Tuesday at 4 p.m., at which time the father shall pick up the child from day care at 4 p.m. Then, the father shall have the child until Wednesday at 4 p.m. at which time the mother shall pick up the child from day care at 4 p.m. On Thursday, the father shall have the child until Friday at 4 p.m., at which time the mother shall pick up the child from day care and have the child until 4 p.m. Monday. This schedule shall con-tinue , alternating between the parents. (B) When the child is two years of age, the parents shall alternate weeks with the child rather than daily exchanges between them, but continuing to alternate weekends with the other parent. 3. Regarding holidays and vacations, starting with July 4th, 2005 with the mother, the parties agree as follows: (A). (I) To alternate President's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving, and New Year's Day, with the mother having July 4th, Thanksgiving, President's Day and Memorial Day in 2005 and odd- numbered years thereafter, and the father having Labor Day, New Year's Day, and Easter Sunday in 2005 and odd-numbered years thereafter, from 9 a.m. to 9 p.m.. These holidays shall reverse in 2006 and even-numbered years thereafter. (2) each parent shall have time to take the child trick or treating when the town in which the parent resides sets for this event; (3) For Christmas 2005 and odd-numbered years thereafter, the child shall be with the mother from 4 p.m. Christmas Eve until 4 p.m. Christmas Day and with the father from 4 p.m. Christmas Day until 4 p.m. the day after Christmas; thereafter, these periods shall alternate between the parents, with the father having the child from 4 p.m. Christmas Eve until 4 p.m. Christmas Day and the mother having the child from 4 p.m. Christmas Day until 4 p.m. the day after Christmas in 2006, and even-numbered years thereafter. (4) The mother shall always have the child from 9 a.m. to 9 p.m. on Mother's Day, and the father on Father's Day at these times. (5) Each parent shall have time with the child on the child's birthday and on the parent's birthday. It is understood that this time is not to interfere with the child's attendance at school when the child starts to attend. (6) Each parent shall be entitled to reasonable telephone contact with the child when the child is with the other parent. (B) Each parent shall have three weeks (21 days) time with the child for vacations, not necessarily to be taken consecutively. It is agreed that either parent may take the child out of state, must keep the other parent advised of an address and phone number for the child while on vacation, must allow the other parent phone contact with the child while on vacation, and must give thirty (30) days advance notice of dates intended for vacation. It is specifically agreed that in 2005, the father may select seven days to take the child to visit the paternal grandparents in Florida. (C) The parties agree that in the event a parent must use child care other than the current day care and needs a sitter for more than two hours, the other parent must be contacted and given the first option to care for the child. The parent needing the sitter shall deliver the child to the other parent and pick up the child from the parent. (D) The parties agree that neither parent shall use drugs, alcohol, or any controlled substance while they have care of the child, and shall, likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. (E) The parties agree that they may modify these arrangements, if both parties agree, as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation. (F) The parties shall notify each other in a timely fashion of it is necessary due to an emergency or unforseen circumstance for him or her to be delayed or unable to keep any of the times set out herein. (G) The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the child is in their custody. (H) The parties agree that they shall keep each other advised of the child's whereabouts at all times, and to provide the other parent an emergency telephone number and address in the event they do temporarily take the child from Carlisle or W ormleysburg. (I) Neither parent shall do anything which may estrange the child from the other parent or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love or affection for the other parent. (J) The parties agree to divide child care expenses and unreimbursed medical expenses for the child equally between them, with each parent paying for the child's expenses when the child is with them, including insurance co-payments. Since the mother has health insurance through her employment, she shall continue to carry the health insurance coverage for the child. The parents agree to alternate taking the child as a dependent for tax purposes, with the mother taking him in 2005 and odd-numbered years thereafter; and the father in 2006 and even-numbered years thereafter. (K) Cory Miller shall never be present during any of the mother's periods of time with the child and the child shall not be present even when Mr. Miller comes to pick up his son at the mother's. (L) Neither parent shall permanently relocate if the relocation would necessitate a change in this parenting arrangement or if the relocation would exceed a twenty-five (25) mile radius of the father's residence without a minimum notice of sixty (60) days to the other parent. This notice is necessary to afford the parents an opportunity to renegotiate the parenting arrangements or to have the matter listed for a court hearing. (M) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (N) This agreement has been prepared by father's counsel. The mother has been informed of her right to separate counsel and being so advised, she waives that right. (0) The parties agree that this Parenting Agreement and Stipulation shall be made an Order of Court. WHEREFORE, Plaintiff-father prays for an Order awarding shared legal and physical custody of the minor child, Evan Patrick Knizner, to the parents as set forth in paragraph 10 above as being in the best interests of the child. Respectfully submitted, Date: ~ 'J/-Ut' ~~ Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 cc: Timothy Knizner, Plaintiff-Father Virginia S. Knizner, Defendant-Mother COMMONWEALTH OF PENNSYLVANIA 55 COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Common- wealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct. ~/J--~ 6ffmothy Knizer, Plaintiff-Father Sworn to and subscribed to before me this 3 ( day of -1YI~ ' 200), ~/ll!lrm(74,j Notary Public NO'IAA\AI, SEAL CAROL A.MORR~:- =m~Elcpb9SJune28, ~ ~, ~ ~ ~ . \' "'" ~ >- \" -f' -<:. '" " -<:: ~ ~ ~, "'" ::::: ..... 'c1 (') ('::J " --.-t ~- j-ii ':.,) f~) ('.":, c. ~ TIMOTHY KNIZER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-2814 CIVIL ACTION LAW VIRGINIA S. KNIZER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 24, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Is/ Hubert X Gilrov, Esq. Custody Conciliator .~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ ~-;;L --~ ~ Jv-b? ~ ~ $~ ~t< 5r7-p.f ~/ ~ ;2 ~ ~.Pf) j'r7 t;'? \/j )'.J\iiY1/\ ~3 f'~ t-.~"3 (j I JJ"r' "n '" ". r. ;""r,'~ln"'" 1\. I\;J 11.,).,) ~ : ':: ."":'~:}-il!-~, Iv +j 2 :2 Hd 6- Nnr SOOl AbV1C>KJH.LOtid 3Hl :.10 3JI:HO-a3"11::l " Timothy Knizner, Plaintiff vs. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYL VANIA CIVIL ACTION - LAW CUSTODY #05-2814 CIVIL TERM Virginia S. Knizner, Defendant AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA RoC.P. 1920.4 (a)(l.)(iU COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Timothy Knizner being duly sworn according to law, depose and say that a true and correct copy of the Custody Complaint was served on the Defendant, Virginia Knizner at 920 North Front Street, W ormleysburg, Cumberland County, Pennsylvania, 17043, by mailing the same to her by certified mail, restricted delivery, No. 7003 1010 0001 1186 3235, on May 31, 2005. Service was accepted on June 2,2005. Sworn and subscribed to (~~ Ruby D. Wee , Esquire before me this ,fJa d day of 9-//4d- , 20~ , TH OF PENNSYLVANIA NalIufaI Seal WlInda K. H1.riIor, Nolary NlItc CllIIoIe Boro. CImbelfand CoooIy My Co.......... ElQlne May 10, 2llO9 Member. Pennlytvanla AaaocIatlon of Nota,les (") ......' ~:: = 0 = c..n -" <- s:!-n c: ",,;;C- fllp N -om ~..:::-)C ,__~) I ~-:jC) --n :~~~, w,.;._ ~ f'.) :D ..0 .< . cRuCy 2). CWub ATTORNEY AT LAW Ms. Virginia S. Knizner 920 North Front Street Wormleysburg, PA. , Dear Mrs. Knizner:- TELEPHONE 717-243-1294 TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013-2955 May 31,2005 Re: Custody I am, by this letter, serving you with a copy of the Custody Complaint brought by your husband, Timothy Knizner. If you have any questions concerning the Custody Complaint, I suggest you contact your attorney, in that there are specific rights which you would be entitled to defend and claim, and there are time limits for your doing so. I would hope to hear from you or your attorney as soon as possible in the hopes that we can equitably work out matters between you and Mr. Knizncr as quickly as possible, to prevent great emotional and financial expense for both of you. In any event, please advise me prior to the Custody Concilation Conference if you intend to be present. Be advised, it is still not too late to enter into the stipulation and agreement which was proposed earlier. I look forward to hearing from you. RDW:wkh Enclosure as noted above cc: Timothy Knizner Certified Mail No. 70031010 0001 11863235 Sincerely, f?,(/l~U~ Ruby D. Weeks, Esquire , r'l o Ce.rtl1led Fee Cl [:] \ Retum Reclept Fee (E_Requlnld) t:J Restrfcted~F" M (Endorsement Required) Cl r'l Total Postage & Fees $2.30 $1.75 $0.00 $ $5.11 .:1 V!~J:;;!I,(l zt> ,q I , ALI\nC:<~," , ",-" ':'I\l,:~~~':~,r"'Ic"\ t\,:o..) rn Cl 0 ~ J~~;.v.i.j;-gi.ni.a___S_&._J~.lli.z.mu::_.____.___.._______ Of PO BoxNo. n20 "";-.,,_..__._....:L ---Noxth-.F-r.ont...str.eet ""b ....lBm. Z/P+4 _..__h_. P 17043 OS :ll lJd 12 Hnr sauz "" 'I ^ , A'.... i )..F "l""" "'H' :10 \,J't_'-.!i\i',)i'u fU::! ':;i 1 :r\(,..!-n....(I-j":! ....J!.,..,-' ..: IL j{CEIVED JUL 1 9 700~ TIMOTHY KNIZER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW VIRGINIA S. KNIZER, Defendant NO. 05-2814 IN CUSTODY COURT ORDER ~ AND NOW, this l1? day of July, 2005, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. >-- (.t') ?= Sf <'.l ';:>' ,-,- - , c ~~ u...!-",::: 0"'" " n:~j 0... .:.~ r C?(. 0 @8: N ~tU ......J u-F ::,:) ....., LL. 'r> 0:'5 = 0 =~ U c.... . . Timothy Knizner, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYL VANIA VS. CIVIL ACTION - LAW CUSTODY Virginia S. Knizner, Defendant : # CIVIL TERM CUSTODY STIPULATION AND PARENTING AGREEMENT This Agreement and Stipulation entered into the: day and year hereinafter set forth, is by and between Timothy Knizner, natural father, by his attorney, Ruby D. Weeks, Esquire, and Virginia S. Knizner, natural mother, who aver as follows: I. Plaintiff is the natural father and an adult sui juris, who resides at 650 Easy Road, Carlisle, Cumberland County, Pennsylvania. II. Defendant is the natural mother and an adult sui juris, who resides at 920 North Front Street, Wormleysburg, Cumberland County, Pennsylvania,. III. Mother and father are the parents of Evan Patril:k Knizner, born February 10, 2005. IV. The parents agree to the following terms regarding parenting ofthis child and request the terms be entered as an Order of Court: The parties shall have jointly, shared, legal custody of the child, with parents to share in decision making involving the child, inc:luding but not limited to, the child's health, welfare, education, religious training, and upbringing shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Day to day decisions shall be the responsibility of the parent then having the child with them, including as to emergency decisions of a medical nature. Each parent shall have the ability to receive full and complete information from any doctor, dentist, psychologist or counselor, school, or other professional or authority and to have copies of school, medical, and other records or reports concerning the child given to either party as a parent, to attend the children's activities and performanc;es and to receive notice in advance of these. A. The parents shall share actual physical cu.stody of the child as follows: 1. The parents agree to continue using the same child care provider, Tender Years Day Care, in which the child is currently enrolled, with each parent paying fifty (50%) per cent of those costs. 2. The parents agree that starting Monday, July 18,2005, the father shall pick up the child at day care at 4 p.m. and shall return the child to the day care on Wednesday morning, July 20. The mother shall pick up the child from day care at 4 p.m. on July 20 and shall return the child to day care Friday morning. The father shall then pick up the child from day care at 4 p.m. Friday and shall return the child to day care the following Monday morning. In the event the child does not go to day care, the parent scheduled to have the child shall retain custody until 4 p.m. that day the change-over is to occur. This schedule shall then alternate between the parents as indicated below: Week: Mon Tues Wed Thurs Fri Sat Sun F Week: M F M M F M F M F F M M M 3. Regarding holidays and vacations, starting with July 4th, 2005 with the mother, the parties agree as follows: (A). (1) To alternate President's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving, and New Year's Day, with the mother having July 4th, Thanksgiving, President's Day and Memorial Day in 2005 and odd- numbered years thereafter, and the father having Labor Day, New Year's Day, and Easter Sunday in 2005 and odd-numbered years thereafter, from 9 a.m. to 9 p.m.. These holidays shall reverse in 2006 and even-numbered years thereafter. (2) each parent shall have time to take the child trick or treating when the town in which the parent resides sets for this event; (3) For Christmas 2005 and odd-numbered years thereafter, the child shall be with the mother from 4 p.m. Christmas Eve until 4 p.m. Christmas Day and with the father from 4 p.m. Christmas Day until 4 p.m. the day after Christmas; thereafter, these periods shall alternate between the parents, with the father having the child from 4 p.m. Christmas Eve until 4 p,m. Christmas Day and the mother having the child from 4 p.m. Christmas Day until 4 p.m. the day after Christmas in 2006, and even-numbered years thereafter. (4) The mother shall always have the child from 9 a.m. to 9 p.m. on Mother's Day, and the father on Father's Day at these times. (5) Each parent shall have timt~ with the child on the child's birthday and on the parent's birthday. It is understood that this time is not to interfere with the child's attendance at school when the child starts to attend. (6) Each parent shall be entitled to reasonable telephone contact with the child when the child is with the other parent. (B) Each parent shall have three weeks (21 days) time with the child for vacations, not to be taken consecutively, but in seven day periods, until such time as the child is older. It is agreed that either parent may take the child out of state, must keep the other parent advised of an address and phone number for the child while on vacation, must allow the other parent phone contact with the child while on vacation, and must give thirty (30) days advance notice of dates intended for vacation. It is specifically agreed that in 2005, the father may select seven days to take the child to visit the paternal grandparents in Florida. (C) The parties agree that in the event a parent must use child care other than the current day care and needs a sitter for more than two hours, the other parent must be contacted and given the first option to care for the child. The parent needing the sitter shall deliver the child to the other parent and pick up the child from the parent. (D) The parties agree that neither parent shall use drugs, alcohol, or any controlled substance while they have care of the child, and shall, likewise assure, to the extent possible, that other household members and/or guests c:omply with this prohibition. (E) The parties agree that they may modify these arrangements, if both parties agree, as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this Stipulation. (F) The parties shall notify each other in a timely fashion of it is necessary due to an emergency or unforseen circumstance for him or her to be delayed or unable to keep any of the times set out herein. (G) The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the child is in their custody. (H) The parties agree that they shall keep each other advised of the child's whereabouts at all times, and to provide the other parent an emergency telephone number and address in the event they do temporarily take the child from Carlisle or W ormleysburg overnight. (I) Neither parent shall do anything which may estrange the child from the other parent or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love or affection for the other parent. (J) The parties agree to divide child care expenses and unreimbursed medical expenses tiJr the child equally between them, including insurance co-payments. Since the mother has health insurance through her employment, she shall continue to carry the health insurance coverage for the child. The parents agree to alternate taking the child as a dependent for tax purposes, with the mother taking him in 2005 and odd-numbered years thereafter; and the father in 2006 and even-numbered years thereafter. (K) Cory Miller shall never be present during any ofthe mother's periods of time with the child and the child shall not be present even when Mr. Miller comes to pick up his son at the mother's. (L) Neither parent shall permanen1tly relocate if the relocation would necessitate a significant change in this parenting arrangement without a minimum notice of sixty (60) days to the other parent. This notice is necessary to afford the parents an opportunity to renegotiate the parenting arrangements or to have the matter listed for a court hearing. (M) The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. (N) This agreement has been prepared by father's counsel. The mother has been informed of her right to separate counsel and is represented by her own counsel.. , (0) The parties agree that this Parenting Agreement and Stipulation shall be made an Order of Court. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals this ~t' day of ~005. w~ Ruby D. Weeks, Esquire Attorney for Father I 0 West High Street Carlisle, P A 17013 ~~~ I).~ Timothy Knizner, father \LD . =~Kn~:r:~er Bra e A. Winnick, Esquire Att ey for Mother The Wiley Group 130 West Church Street, Suite 100 Dillsburg, Pa. 17019 . COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND On this, the _day of , 2005 before me, a Notary Public, the undersigned officer, personally appeared Virginia S. Knizner, mother, known to me to be the person whose name is subscribed to the within Parenting Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained Notary Public COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND On this, the%vday oA7fw r d ~ ,2005, before me, a Notary Public, the undersigned officer, personally appeared Timothy Knizner, father, known to me to be the person whose name is subscribed to the within Parenting Stipulation and Agreement, and acknowledged that he executed the same for the purposes therein contained. ~J1). Notary Public [;COMMONWE~~~NNSYLVANIA Pab1cia M. GoIor1h. Nolary Public EaslI Pennsbom Twp., CUmbeIIand County ~1 Canmission ElIpir8s Mar. 17. 2008 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF CUMBERLAND On this, the _day of , 2005 before me, a Notary Public, the undersigned officer, personally appeared Virginia S. Knizner, mother, known to me to be the person whose name is subscribed to the with:in Parenting Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained Notary Public COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND On this, the gzt day oy ~ ' 2005, before me, a Notary Public, the undersigned officer, personally appeared Timothy Knizner, father, known to me to be the person whose name is subscribed to the within Parenting Stipulation and Agreement, and acknowledged that he executed the same for the purposes therein contained. ~~~~~ Notary Public IE~'""~'- I<<>lariaISeaI Wanda K HunI&r, Notary PImiIc Cadlllleeo.o, ~od Coonly MyCOl".ilsdI.., ExpiI8ll May 10, 2009 Member, Pennsylvania Association of Notaries C) ", 0 <:"~ ~,--::) -n c;-, '- r, --1 :1: 1-' I ITl ~ '.1~) iT, N Y C) -, , -~,..., , -"~ ("') . ) en " '~-1 " ~ en ~-.::J -< ,'-' d.- . , R r: r:-~":- C\ :: -'J ... C) .., ~\...'-. , -'" ~-, ~ ~ ~3C5 p!1 . , Timothy Knizner, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYL VANIA VS. CIVIL ACTION - LAW CUSTODY Virginia S. Knizner, Defendant . ; # lJS", ,}~/4cIVIL TERM ORDER OF COURT AND NOW, this I "),- day of ('~U., ~05, upon agreement of the parties, the attached Parenting Stipulation and Agreement is made an Order of Court. BY THE COURT, /~/ / " / . / -w:., ~L- J. Ruby D. Weeks, Esquire For Plaintiff Bradley A. Winnick, Esquire for Defendant ~ ,~ 9- /l, . os CJ- >- co G ~ c:> Z wS;;: ::>",,':( (]::;.- 0(:) ::c '-1 :z; l:t~ 0- '.'''''' '~} ::J ~@ In 'i2~ ::1"- _'L- a... :r:z u::W ...... .l.lw f5 en r.:(I Cl- .." t5 "" ~ = :-.:> <=:;> <-) """ AUG U 4 2U~U TIMOTHY KNIZNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW sue, r..~ o t: ,, _~ Q ,. VIRGINIA S. KNIZNER, NO. 2005-2814 =_ ~. Q Defendant IN CUSTODY ~ ~~ ~- c ~ s Judge: The Honorable Albert H. Masland - .o ~~ ~ COURT ORDER '~~ T' "' ,-., p --. NOW, this ~_ day of ~ , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearin is scheduled in Court Room No. ~of the Cumberland County Courthouse on the 13'``' day of August, 2010 at 1:30 p.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed on or before Wednesday, August 11, 2010 with the memorandum being filed in chambers and delivered also to opposing counsel. 2. Pending further Order of this Court, this Court's prior order of September 15, 2005, shall remain in place. BY THE COURT, Albert H, Masland, Judge cc: `~ Li~say Baird, Esquire Jeffrey Yoffie, Esquire ~ ~'S /Ytc`1l ~,, gl~~~o TIMOTHY KNIZNER, Plaintiff vs. VIRGINIA S. KNIZNER, Defendant Judge: The Honorable Albert H. Masland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2005-2814 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH .THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Evan Patrick Knizner, born February 10, 2005. 2. A Conciliation Conference was held on July 29, 2010, with the following individuals in attendance: The father, Timothy Knizner, with his counsel, Lindsay Baird, Esquire, and the mother, Virginia S. Knizner, with her counsel, Jeffrey Yoffie, Esquire. 3. The parties have been working under a custody order since 2005. The existing order provides for shared legal and shared physical custody for the child. The parties have somewhat of a complicated schedule where the child is going back and forth over a few days, but it has worked well over the past five years. However, the child is now going to be starting kindergarten and at least the father is of the position that this creates an issue that mandates a change in the custody arrangement. Father is seeking primary custody and the ability to enroll the child in school in the Carlisle Area School District. Mother, who lives in Camp Hill where the child has been attending a daycaze center over the past few yeazs, believes the existing custody order could at least remain in place for the kindergarten year and suggests that there is kindergarten available at the daycaze where the child is currently attending. There aze a few other minor issues which may need to be addressed by the parties at a court hearing. 4. The Conciliator recommends an Order in the form as attached. Date: August ~ , 2010 Hubert X. Gilroy, E~ Custody Conciliator ¦ TIMOTHY KNIZNER IN THE COURT OF COMMON PL AS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005-2814 VIRGINIA S. KNIZNER, Defendant CIVIL ACTION CUSTODY ACCEPTANCE OF SERVICE On behalf of Timothy Knizner, I accept service of the custody petition to moC the above captioned action and certify that I am authorized to do so. Date: . 4/. I .C BY F 1. - -t Name: Lindsay D. Baird, Esq. Attorney For Timothy Knizner Address: 37 South Hanover Street Carlisle, PA 17013 r.a led in TIMOTHY KNIZNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV#IA-- ,,: V. ?y tV T Ln <C 14Q VIRGINIA S. KNIZNER, ? Defendant :05-2814 CIVIL TERM © r?i Ur ORDER OF COURT AND NOW, this 12t" day of August, 2010, following a hearing conducted primarily to determine where the minor child, Evan Patrick Knizner, born February 10, 2005, should attend kindergarten, the court finds that it is in the best interest of the minor to attend the Tender Years kindergarten program and thereafter attend the Camp Hill School District. Because the child has been attending the Tender Years daycare program for several years this resolution is the least disruptive not only for the minor child but also for the parents. This arrangement will maintain the child's relationships with his school age friends, and, more importantly, it will nurture the positive relationship with his older sibling Donovan. Therefore, the court adopts the following custody schedule that, in essence, the parties have followed since 2005: The parents shall have shared legal custody of the child, with parents to share in decision making involving the child, including but not limited to, the child's health, welfare, education, religious training, and upbringing. Said decisions shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Day to day decisions shall be the responsibility of the parent then having the child with them, including as to emergency decisions of a 05-2814 CIVIL TERM medical nature. Each parent shall have the ability to receive full and complete information from any doctor, dentist, psychologist or counselor, school, or other professional or authority and to have copies of school, medical, and other records or reports concerning the child given to either party as a parent, to attend the children's activities and performances and to receive notice in advance of these. A. The parents shall share actual physical custody of the child as follows: (1) The child shall remain at Tender Years in Camp Hill to attend kindergarten. Thereafter, the child shall attend school in the Camp Hill School District. (2) Physical Custody shall alternate between the parents as indicated below: Week: Mon Tues Wed Thurs Fri Sat Sun F F M M F F F Week: M M F F M M M (3) Regarding holidays and vacations, the parties shall: (a) (i) Alternate President's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving, and New Year's Day, with the mother having July 4tn Thanksgiving, President's Day and Memorial Day in all odd-numbered years, and the father having Labor -2- 05-2814 CIVIL TERM Day, New Year's Day, and Easter Sunday in all odd- numbered years from 9 a.m. to 9 p.m. These holidays shall reverse in all even-numbered years. (ii) Each parent shall have time to take the child trick or treating when the town in which the parent resides sets the date and time for this event. In the event the town in which each parent resides schedules trick or treat for the same date, for the next time this conflict occurs and every other time thereafter, father shall have custody of the child. For the 2nd 4t" etc. time there is such a conflict, mother shall have custody of the child; (iii) For Christmas in odd-numbered years the child shall be with the mother from 4 p.m. Christmas Eve until 4 p.m. Christmas Day and with the father from 4 p.m. Christmas Day until 4 p.m. the day after Christmas; thereafter, these periods shall alternate between the parents, with the father having the child from 4 p.m. Christmas Eve until 4 p.m. Christmas Day and the mother having the child from 4 p.m. Christmas Day until 4 p.m. the day, after Christmas in even-numbered years. -3- 05-2814 CIVIL TERM (iv) The mother shall always have the child from 9 a.m. to 9 p.m. on Mother's Day, and the father on Father's Day at these times. (v) Each parent shall have time with the child on the child's birthday and on the parents' birthday. It is understood that this time is not to interfere with the child's attendance at school. (vi) Each parent shall be entitled to reasonable telephone contact with the child when the child is with the other parent. (b) Each parent shall have three weeks (21 days) time with the child for vacations, not to be taken consecutively, but in seven day periods, until such time as the child is older. Either parent may take the child out of state, must keep the other parent advised of an address and phone number for the child while on vacation, must allow the other parent phone contact with the child while on vacation, and must give thirty (30) days advance notice of dates intended for vacation. (c) Neither parent shall use drugs, alcohol, or any controlled substance while they have care of the child, and shall, likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. -4- 05-2814 CIVIL TERM (d) The parties may modify these arrangements, if both parties agree, as the parties shall from time to time agree, without the need to modify the Order of Court. (e) The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed or unable to keep any of the times set out herein. (f) The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the child is in their custody. (g) The parties shall keep each other advised of the child's whereabouts at all times, and to provide the other parent an emergency telephone number and address in the event they temporarily take the child from Carlisle or Camp Hill overnight. (h) Neither parent shall do anything which may estrange the child from the other parent or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love or affection for the other parent. Neither parent shall communicate or allow third parties to communicate to the child disparaging remarks about the other parent. -5- 05-2814 CIVIL TERM (i) Unreimbursed medical expenses for the child shall be divided equally between them, including insurance co- payments. Since the mother has health insurance through her employment, she shall continue to carry the health insurance coverage for the child. The parents shall alternate taking the child as a dependent for tax purposes, with the mother taking him in odd-numbered years and the father in even-numbered years. 0) Mother shall not permit Cory Miller to come into contact with the child in social situations voluntarily arranged by mother. Incidental contact between Cory Miller and the child when Cory Miller goes to mother's residence to pick up his child shall not be considered to be a violation of this Order. (k) Neither parent shall permanently relocate if the relocation would necessitate a significant change in this parenting arrangement without a minimum notice of sixty (60) days to the other parent. This notice is necessary to afford the parents an opportunity to renegotiate the parenting arrangements or to have the matter listed for a court hearing. (1) When custody of the child is to transfer from one parent to the other parent, the one parent shall in no way impede or -6- 05-2814 CIVIL TERM otherwise interfere with the right of the other parent to take custody of the child. By the Court, Albert H. Masland, J. ?Lindsay D. Baird, Esquire For Plaintiff -Jeffrey Yoffe, Esquire For Defendant :saa 0-o, t'es ?8P sqlo -7-