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HomeMy WebLinkAbout05-4543REBECCA MEYER, IN THE COURT OF COMMON PLEAS OF f/k/a REBECCA BRENNAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION -LAW NO. 2005 - ysv3 CIVIL TERM CHARLES WARDLE, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Rebecca Meyer, formerly Rebecca Brennan, residing at 3111 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Charles Wardle, residing at 908 16th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiff seeks custody of the following children: David Randal Wardle and Alexander Robert Wardle, born January 11, 2003, age 2'/z years. 4. The children were born out of wedlock. 5. The children are presently in the custody of Plaintiff, who resides at 3111 Spring Road, Carlisle, Pennsylvania 17013, and Defendant Charles Wardle, who resides at 908 16th Street, New Cumberland, PA 17070. 6. During the past five years, the children have resided with the following SAIDIS SHUFF, FLOWER & LINDSAY persons and at the following addresses: NAME ADDRESS FROM/TO 26 W. High Street I Carlisle, PA Both Parties 6965 B, New Oxford Road, Birth - September 2003 Harrisburg, PA Plaintiff 6965 B, New Oxford Road Harrisburg, PA September 2003 - August 2004 NAME ADDRESS FROM/TO Plaintiff 110 Locust Street, Halifax, PA August 2004 - July 2005 Plaintiff & Ed Myer 3111 Spring Road, Carlisle, PA July 2005 - Present Defendant 1101 Bridge Street July 2004 -- Present New Cumberland, PA During the period July 2004 to present, Defendant had shared custody at various residences. 7. The mother of the children is Rebecca Meyer, currently residing at 3111 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 8. She is married. 9. The father of the children is Charles Wardle, currently residing at 908 16 it) Street, New Cumberland, Pennsylvania 17070. 10. He is single. 11. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following person: Her husband - Ed Myers. 12. The relationship of the Defendant to the children is that of Father. The SAIDIS ;HUFF, FLOWER & LINDSAY 26 W. Nigh Street Carlisle, PA Defendant currently resides with the following person: His fiancee - Brandy LeCrone. 13. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 14. The Plaintiff has no information of a custody proceeding. 2 15. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) The Plaintiff has been the primary caregiver of the children since birth. b) The Plaintiff can best provide for the children's physical, spiritual, and intellectual development. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the children to the Plaintiff. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Carol J. Lin say, E< ID #44693) 11 Eas igh Street Carlisle, PA 17013 (717) 243-5513 Dated:' 3 VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. r> Cap -?' Rebecca Meyer 31 O? ffk(a Rebecca Brennan Dated: SAIDIS BUFF, FLOWER & LINDSAY 1TTORNEYS•AT•LAW !6 W. High Street Carlisle, PA ? ?, ` \ \..+ '?? ` ?3 ?s \ ? v\ ?\ C`% ?> p (" o 'a _ fJl (.7 '? T- TI „ f J ? ("1 ? ,z -, ?' `17 -<, C.I : (, REBECCA MEYER F/K/A REBECCA IN THE COURT OF COMMON PLEAS OF BRENNAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4543 CIVIL ACTION LAW CHARLES WARDLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 04, 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: /s/ JacgueUne M. Vemey, Est 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 . ? .? ?u spa d ,]S ME n l ?? :(: ? d hll ?? REBECCA MEYER, IN THE COURT OF COMMON PLEAS OF f/k/a REBECCA BRENNAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 05-4543 CIVIL TERM CHARLES WARDLE, Defendant IN CUSTODY AFFIDAVIT OF SERVICE Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and SAIDIS SHUFF, FLOWER & LINDSAY A17ORNEYS•AT•LAW 26 W. High Street Carlisle, PA says that on or about September 15, 2005, she served a true copy of the Complaint in the instant action upon the Defendant, Charles Wardle, by mailing that document to the Defendant to his address at 908 16`h Street, New Cumberland, PA 17070, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the Defendant, Charles Wardle. SH Date Carol J. Linds Esquire Attorney,ID No 44693 26 West Street Carlisle, PA 17013 Phone: 717-243-6222 Fax: 717-243-6486 Attorney for Plaintiff R & LINDSAY ¦ Complete hems 1, 2, and 3. Also complete Nan 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Charles Wardle 908 16th Street New Cumberland, PA 171070 A. Agent by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes H YES, enter delivery address below: 0 No 3. Service Type }R Certified Mall 0 Express Mall 0 Registered nRetum Receipt for Merclee 0 Insured Meal 0 C.O.D. 4. Restricted Delivery? (Ex" Fee) X0 Yes SAIDIS SHUFF, FLOWER & LINDSAY AITORNEVS•AT•LAW 26 W. High Street Carlisle, PA 2. Article Number 7003 1010 0001 1201 4278 (transfer fmm service label) PS Form 3811, February 2004 Domestic Rohn Receipt 1025e5022n-160 r c ?? p I r- z ? n C LJ J - na :? Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 REBECCA MEYER FWA REBECCA BRENNAN, PLAINTIFF V. CHARLES WARDLE, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4543 CIVIL TERM : CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel of record, for the Defendant, Charles Wardle, in the above-captioned matter. Respectfully requested, D to SERRATELi.I SCHIFFMAN BROWN & CALHOON, P.C. Cara A. Boyanowski, Esquire J&dkQ - Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 I v -e , Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant REBECCA MEYER F1K/A : IN THE COURT OF COMMON PLEAS REBECCA BRENNAN, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NO. 05-4543 CIVIL TERM CHARLES WARDLE, CIVIL ACTION -LAW DEFENDANT IN CUSTODY NOTICE TO PLEAD To: Rebecca Meyer, formerly known as, Rebecca Brennan c/o Carol J. Lindsay, Esquire SAIDIS SHUFF FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 You are hereby advised to file a written response to the enclosed New Matter within twenty (20) days or judgment may be entered against you. SERRATELLI SCHIFFMAN BROWN & CALHOON lWh? 1.t.1% ?S Cara A. Boyanowski, squire Attorney for Defendant -1- Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant REBECCA MEYER F/K/A REBECCA BRENNAN, PLAINTIFF V. CHARLES WARDLE, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4543 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY WITH NEW MATTER AND NOW, comes the Defendant, Charles Wardle, by his attorney, Cara A. Boyanowski, Esquire, and files this Answer to the Complaint for Custody With New Matter, and sets forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that the information averred to in -2- Paragraph Six of the Complaint in Custody, filed on September 2, 2005, regarding Plaintiff's various residences from January 2003 through the present is correct. It is denied that the information provided surrounding Defendant's various residences is correct. Specifically, in October 2003, Defendant moved from the New Oxford Road residence to 4367 Wynnefield Road, Dover, PA, and resided there until July 2004. From July 2004 through August 31, 2005, Defendant resided at 1101 Bridge Street, New Cumberland, PA, and from September 1, 2005 through the present he has resided at 908 16t" Street, New Cumberland, PA. 7. Admitted. 8. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Eight (8). 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Thirteen (13). 14. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Fourteen (14). 15. Defendant has no knowledge, direct or otherwise, as to the averment set forth in Paragraph Fifteen (15). -3- 16. Denied. It is specifically denied that the best interest and permanent welfare of the children lie with Plaintiff being awarded primary physical custody of the minor children. By way of further explanation, Defendant has been a very "hands on" father and very active in the children's lives since birth. The children would greatly benefit from a custody schedule, which provides both parents with equal time. 17. Admitted. WHEREFORE, Defendant requests this Honorable Court deny Plaintiff's request for primary physical custody of the minor children. NEW MATTER 18. Since July 2004, the parties have enjoyed a shared physical custody schedule, on an alternating two-week schedule, whereby, Defendant exercises primary physical custody over the minor children for a four-day period on the first week, and a three-day period on the second week. 19. Since July 2004, Plaintiff has provided Defendant with additional periods of physical custody beside that set forth above. 20. The minor children have done well with the shared physical custody schedule and enjoy spending time with both of their parents. 21. Defendant is a fitness consultant through Gold's Gym. He enjoys a flexible work schedule, which permits him to spend time with the children between clients throughout the workweek, not just on weekends. 22. Plaintiff is a full-time receptionist at Otis Elevator and works a Monday through -4- Friday work schedule. During her regular scheduled work hours, when Defendant is not exercising custody, the minor children are placed in a daycare facility. 23. The best interest and permanent welfare of the minor children will be served by granting a shared legal and physical custody schedule between the parties because: A. Both parties have a strong, loving relationship, with their children, which should be nurtured. B. Both parties are able to provide the children with a stable home environment, financial support, intellectual stimulation, and spiritual guidance. C. Both parties are competent and able to care for their children on a full-time basis. D. And other reasons which may fully appear at conference. WHEREFORE, Defendant requests your Honorable Court to enter a custody order whereby the parties share legal and physical custody of their minor children. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 -5- VERIFICATION Upon my personal knowledge, information and belief, I, Charles Wardle, do hereby verify that the facts averred and statements made in the foregoing Answer To Complaint for Custody with New Matter are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. i` Date; ?'? /lam S By Charles Wardle -6- REBECCA MEYER F/K/A REBECCA BRENNAN, PLAINTIFF V. CHARLES WARDLE, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4543 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that I am this day, the W day of 24I,LMbJ L) , 2005, serving the foregoing document upon the person and in the manner indicated below: Service by first class mail as follows: Carol J. Lindsay, Esquire SAIDIS SHUFF FLOWER & LINDSAY 26 West High Street Carisle, PA 17013 SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 r? "? ?-?, c; w? .'! sr."r"", t [J .? -t7 -n ? -? ?- <:?rn ?, ? ^ r, =, =v :< n1 19?005 3Y:_ REBECCA MEYER F/K/A/ : IN THE COURT OF COMM REBECCA BRENNAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2005-4543 CIVIL ACTION LAW CHARLES WARDLE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 6 L_ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Rebecca Meyer and the Father, Charles Wardle, shall have shared legal custody of David Randal Wardle, born January 11, 2003 and Alexander Robert Wardle, born January 11, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Father and Mother shall have shared physical custody of the children as follows: A. On a four week alternating basis: week one-Father shall have physical custody of the children every Tuesday and Wednesday overnight and Friday to Sunday at 7:00 p.m. Week two-Father shall have Tuesday, Wednesday and Thursday overnight. Week three-Father shall have Tuesday and Wednesday overnight and Friday overnight to Saturday at 7:00 p.m. Week four-Father shall have every Tuesday, Wednesday and Thursday overnight. Week one shall begin the week of October 24, 2005. B. Mother shall have all other times unless otherwise specified in this Order. 3. The relinquishing party shall transport to the non-custodial parent's home unless the children are scheduled to be at daycare. 4. Easter shall be divided into two Blocks. Block A shall run from Easter Saturday at 1:00 p.m. to Easter at 1:00 p.m. Block B shall run from Easter at 1:00 p.m. to Easter Monday at 1:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. ?? ? t ?.` 1, - - _. ? _ ?...? t.?.? ?. 5. The following holidays shall be alternated by the parties: Thanksgiving, New Year's Day, Memorial Day, July 4th and Labor Day from 9:00 a.m. to 7:00 p.m. Mother shall have Thanksgiving in 2005. 6. Christmas shall be shared as follows: Mother shall always have physical custody of the children on Christmas Eve from 4:00 p.m. to 9:00 p.m. Christmas shall otherwise be divided into two Blocks. Block A shall be from 9:00 p.m. Christmas Eve to Christmas Day at 2:00 p.m. Block B shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 7. Each party shall be entitled to two hours with the children on the children's birthday, provided they give the non-custodial parent notice of the time and it does not interfere with a scheduled birthday celebration. 8. Each party shall be entitled to one full week of custody from Sunday to Sunday in the summer provided they give the other party 30 days prior notice and it includes their long weekend. 9. The non-custodial parent may call the children every night at 7:00 p.m. 10. Mother intends to enroll the children in daycare on Mondays, Thursdays and Fridays. During Father's period of custody, Mother requests that the children attend, if necessary, the daycare she has arranged for the children or be cared for by Father or his girlfriend. 11. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for December 19, 2005 at 9:30 a.m. cc?Zarol J. Lindsay, Esquire - Counsel for Mother ,Aa A. Boyanowski, Esquire, Counsel for Father A T1 7 TT TT !If-,T T" 'P REBECCA MEYER F/K/A/ REBECCA BRENNAN, Plaintiff V. CHARLES WARDLE, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-4543 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH David Randal Wardle January 11, 2003 Alexander Robert Wardle January 11, 2003 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on October 18, 2005. Present at the Conference were: Mother, Rebecca Meyer, with her counsel, Carol J. Lindsay, Esquire, and Father, Charles Wardle, with his counsel, Cara A. Boyanowski, Esquire. 3. The parties agreed to an Order in the form attached. /6-i1-eS- Date ' acq ine M. Verney, Esquire Custody Conciliator REBECCA MEYER F/K/A/ : IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2005-4543 CIVIL ACTION LAW CHARLES WARDLE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this --a4 day of 'e h- 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated October 20, 2005 is hereby vacated. 2. The Mother, Rebecca (Meyer) Brennan and the Father, Charles Wardle, shall have shared legal custody of David Randal Wardle, born January 11, 2003 and Alexander Robert Wardle, born January 11, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. Each parent shall notify the other as soon as practicable of any emergency medical issues for the children. In the event, that the parents disagree with any medical treatment, they shall defer to the children's pediatrician. 3. Father and Mother shall have shared physical custody of the children as follows: - 4-?1 "laid A. Beginning February 6, 2006 on a 2/2/5/5 day rotating schedule. Father shall have the first 2-day period. The exchange time shall be 9:30 a.m. B. Once Father re-marries, the same 2/2/5/5 schedule shall continue but shall be modified to coincide with Step-mother's daughter's custody schedule to maximize the time those children have together. 4. The relinquishing party shall transport. 5. Easter shall be alternated with Father having physical custody in even numbered years from 10:00 a.m. to 7:00 p.m. 6. Thanksgiving shall be alternated with Father having physical custody in even numbered years from 12:00 noon to 4:00 p.m. 7. Christmas shall be shared as follows: Mother shall always have physical custody of the children on Christmas Eve from 4:00 p.m. to 9:00 p.m. Christmas shall otherwise be divided into two Blocks. Block A shall be from 9:00 a.m. Christmas Eve to Christmas Day at 2:00 p.m. Block B shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 8. New Year's Eve shall be alternated with Father having even numbered years from 9:00 a.m. to 7:00 p.m. 9. Each party shall be entitled to a two hour lunch with the children on the children's birthday. In the event that this cannot be accommodated, they shall be entitled to two hours on the day before or the day after the children's birthday. Each parent shall be entitled to a two lunch from 12:00 noon to 2:00 p.m. with the children on the parent's respective birthday. 10. Each party shall be entitled to one full week of physical custody from Sunday to Sunday in the summer provided they give the other party 30 days prior notice. Notice shall be provided by e-mail and shall be copied to Father's counsel. 11. The non-custodial parent may call the children every night at 7:00 p.m., with a ten minute grace period before and after 7:00 p.m. 12. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -I LZ4? ? 'd J. sley Oler, Jr., J. cc: Carol J. Lindsay, Esquire - Counsel for Mother L -/ `?_ pJJ Cara A. Boyanowski, Esquire, Counsel for Fathe ft, REBECCA MEYER F/K/A/ REBECCA BRENNAN, Plaintiff V. CHARLES WARDLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-4543 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley, Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Randal Wardle January 11, 2003 shared Alexander Robert Wardle January 11, 2003 shared 2. A Conciliation Conference was held in this matter on February 2, 2006. Present at the Conference were: Mother, Rebecca Meyer, with her counsel, Carol J. Lindsay, Esquire, and Father, Charles Wardle, with his counsel, Cara A. Boyanowski, Esquire. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated October 20, 2005 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form attached. Date Acqu&ine M. Verney, Esquire Custody Conciliator Cara A. Boyanowski, Esquire Pa. Supreme Court ID No. 68736 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 Defendant REBECCA MEYER F/K/A REBECCA BRENNAN, PLAINTIFF V. CHARLES WARDLE, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4543 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW comes Defendant Charles Wardle, by and through his attorney, Cara A. Boyanowski, Esquire, and avers as follows: 1. Charles Wardle (hereinafter referred to as "Father") is an adult individual currently residing at 6334 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Rebecca Meyer, formerly known as, Rebecca Brennan, (hereinafter referred to as "Mother") is an adult individual currently residing at 3121 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. She is represented in this action by Carol J. Lindsay, Esquire. 3. Mother and Father are the natural parents of two minor children, namely, David Randall Wardle, born January 11, 2003, and Alexander Robert Wardle, born January 11, 2003. 4. On February 2, 2006, the parties and their respective counsel participated in a custody conciliation conference before Jacqueline M. Verney, Esquire. 5. At conference, the parties entered into a legal and physical custody agreement surrounding their minor children, which was reduced to writing and entered as an Order of Court on February 7, 2006 by the Honorable J. Wesley Oler, Jr. A true and correct copy of the Order of Court dated February 7, 2006 is attached hereto and incorporated herein as Exhibit "A." 6. Paragraph Two of the Order of Court entered on February 7, 2006, provides the parties with shared legal custody. More specifically, the language of this paragraph provides that "each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion." Furthermore, "both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children." 7. Although Father has asked Mother to discuss with him where the children will be enrolled in school for kindergarten, Mother has refused to discuss the issue with him. 8. On or about April 22, 2008, Father and the children presented at Hampden Elementary School to research what actions needed to be performed and what documents needed to be filled out in order to enroll the children in the Cumberland Valley School District, the school district where both parents reside. 9. While discussing the enrollment process with the registrar, Father discovered that the children would have to undergo a "pre-screening exam" before they could be enrolled in kindergarten for the 2008-09 school year. Since the children were already present and the pre- screening exam merely consisted of asking the children their names, some colors, and performing a simple sight and hearing test, the registrar suggested that the children undergo the pre-testing on that same date. Additionally, Father learned from the registrar that the last possible date for the pre-screening exam was Friday, April 25, 2008. 10. On April 22, 2008, the children participated in the pre-screening examination. 11. That same evening, following the pre-screening exam, Father emailed Mother as to what transpired and the reason for the pre-screening. A true and correct copy of Father's email message to Mother dated April 22, 2008 is attached hereto and incorporated herein as Exhibit "B." 12. Mother responded to Father's email message, indicating that she would prepare and file the necessary paperwork to enroll the children in kindergarten. A true and correct copy of Mother's email message to Father dated April 23, 2008 is attached hereto and incorporated herein as Exhibit "C." 13. On April 25, 2008, through his counsel, Father drafted and forwarded a letter to counsel for Mother, requesting that the parties participate in a four-party meeting to discuss the school enrollment issue. Specifically, Father wished for the boys to be enrolled in Hampden Elementary School and Mother expressed a desire for the boys to be enrolled in Middlesex Elementary School. A true and correct copy of the letter drafted to opposing counsel dated April 25, 2008 is attached hereto and incorporated herein as Exhibit "D." 14. No response has been forthcoming from Mother surrounding the content of the April 25, 2008 letter. 15. On or about April 28, 2008, Father learned that Mother, without discussion or consent from Father, enrolled the children at Middlesex Elementary School. 16. Mother's unilateral decision to enroll the children at Middlesex Elementary School on or about April 28, 2008, is in direct violation of the provisions set forth in Paragraph Two of the Order of Court dated February 7, 2006. 17. Due to Mother's behavior and refusal to discuss enrollment of the children in kindergarten classes, Father has expended approximately $750.00 to prepare this Petition for Civil Contempt for Disobedience of Custody Order and appear before this Honorable Court. WHEREFORE, Defendant Charles Wardle, respectfully requests this Honorable Court: a. Find Plaintiff Rebecca Meyer in contempt of the Order of Court dated February 7, 2006; b. Schedule this case for a custody conciliation conference, as soon as possible, in order to provide the parties with the opportunity to discuss and resolve the issue of where the children will be enrolled in kindergarten; C. Order Plaintiff Rebecca Meyer to pay Defendant's attorney fees and costs related to the preparation and filing of this Petition for Civil Contempt for Disobedience of Custody Order; and d. Any additional relief this Honorable Court deems reasonable and just. Respectfully submitted, Cara A. Boyanowski, squire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Charles Wardle VERIFICATION Upon my personal knowledge, information and belief, I, Charles Wardle, do hereby verify that the facts averred and statements made in the foregoing Petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 2o By: ar s ar le 0 0 F REBECCA MEYER F/K/A/ : IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2005-4543 CIVIL ACTION LAW CHARLES WARDLE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of c? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 20, 2005 is hereby vacated. 2. The Mother, Rebecca (Meyer) Brennan and the Father, Charles Wardle, shall have shared legal custody of David Randal Wardle, born January 11, 2003 and Alexander Robert Wardle, born January 11, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. Each parent shall notify the other as soon as practicable of any emergency medical issues for the children. In the event, that the parents disagree with any medical treatment, they shall defer to the children's pediatrician. 3. Father and Mother shall have shared physical custody of the children as follows: A. Beginning February 6, 2006 on a 2/2/5/5 day rotating schedule. Father shall have the first 2-day period. The exchange time shall be 9:30 a.m. B. Once Father re-marries, the same 2/2/5/5 schedule shall continue but shall be modified to coincide with Step-mother's daughter's custody schedule to maximize the time those children have together. 4. The relinquishing party shall transport. 5. Easter shall be alternated with Father having physical custody in even numbered years from 10:00 a.m. to 7:00 p.m. 6. Thanksgiving shall be alternated with Father having physical custody in even numbered years from 12:00 noon to 4:00 p.m. 7. Christmas shall be shared as follows: Mother shall always have physical custody of the children on Christmas Eve from 4:00 p.m. to 9:00 p.m. Christmas shall otherwise be divided into two Blocks. Block A shall be from 9:00 a.m. Christmas Eve to Christmas Day at 2:00 p.m. Block B shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 8. New Year's Eve shall be alternated with Father having even numbered years from 9:00 a.m. to 7:00 p.m. 9. Each party shall be entitled to a two hour lunch with the children on the children's birthday. In the event that this cannot be accommodated, they shall be entitled to two hours on the day before or the day after the children's birthday. Each parent shall be entitled to a two lunch from 12:00 noon to 2:00 p.m. with the children on the parent's respective birthday. 10. Each party shall be entitled to one full week of physical custody from Sunday to Sunday in the summer provided they give the other party 30 days prior notice. Notice shall be provided by e-mail and shall be copied to Father's counsel. 11. The non-custodial parent may call the children every night at 7:00 p.m., with a ten minute grace period before and after 7:00 p.m. 12. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 4 ? J. J, w ley Oler, Jr, Counsel for Mother of 3. Lindsay, Esquire cc: Car anowski, Esquire, Counsel for Father Cara A. Boy -10 n . disle, FE-3 n REBECCA MEYER F/K/A/ REBECCA BRENNAN, Plaintiff V. CHARLES WARDLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-4543 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley, Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Randal Wardle January 11, 2003 shared Alexander Robert Wardle January 11, 2003 shared 2. A Conciliation Conference was held in this matter on February 2, 2006. Present at the Conference were: Mother, Rebecca Meyer, with her counsel, Carol J. Lindsay, Esquire, and Father, Charles Wardle, with his counsel, Cara A. Boyanowski, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated October 20, 2005 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form attached. Date cq ine M. Verney, Esquire Custody Conciliator 0 0 Page 3 of 3 From: chas wardle [mailto:mydna2003@hotmaii.com] Sent: Tuesday, April 22, 2008 4:06 PM To: Brennan (Meyer), Rebecca L; rebecca meyer Subject: David and Alex Rebecca, Since you have not gotten back to me regarding kindergarten registration for David and Alex, I went to an elementary school today to find out what the procedures are to register them for school. Just so we are clear, I did not go to the school to register them, I went to gather information. I know that the boys schooling needs to be a decision made by both of us which is why I have asked you to talk to me about it, but I have received no response. While we were at the school, we spoke to the head registrar, Ms. Snyder, for the Cumberland Valley School District and she informed me that this is the last week to get the pre-screening done for kindergarten. She said that since the boys were with me today we can go ahead with the screening and whichever school they are enrolled into the records will be transferred to. Again, just so we are clear, I got their screening done but that does not mean they are registered. They gave us a bunch a paperwork that I will make copies of for you. The screening consisted of asking the boys their names (speech), colors, check their eyes and hearing. Everything was fine. Alex does need to improve his grasp of a writing utensil and I was given information with things to help him. Again, I will make copies for you. I did not do this to go behind your back. I felt that since there was a time restraint it would be best to get it done now and that is one less things we need to worry about. They do need to have a physical and a dental exam prior to August 13th. I scheduled a visit with Dr. Tan for Friday, June 20th at 1:45 pm and I am waiting to hear back from the dentist. If you have any questions before you receive the paperwork please let me know. Thanks, Chas 4/23/2008 • • Subject: RE: David and Alex Date: Wed, 23 Apr 2008 08:39:15 -0400 From: Rebecca.Brennan@otis.com To: mydna2003@hotmail.com Chas: You had no right to take them with out notifying me. I should have been there for the screening. I am sure there were other times this week they could have been taken. We discussed in an earlier conversation that Cumberland Valley District was a school you would consider along with West Shore and private school. Once again you go behind my back. I will take care of the paperwork. You CANNOT register then since you don't live in the district at this time. I will get it taken care of today. You will be send a copy of what is submitted. I will set up the dental appointment and as for the doctor appointment, they have already had their 5 year appointment and that is what they are looking for. So you can cancel the 20th appointment. Once again you are not to make discussions or appointments with out me knowing a head of time. This after the fact stuff needs to stop. Rebecca 4/23/2008 April 25, 2008 VIA FIRST CLASS MAIL AND FACSIMILE (717) 243-6486 Carol J. Lindsay, Esquire SAIDIS FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 RE: Meyer v. Wardle CARA A. BOYANOWSKI (717) 540-9170, Ext. 2925 cboyanowski@ssbc-Iaw.com SUITE 201 2080 LINGLESTOWN ROAD HARRISBURG, PA 17110-9670 Dear Carol: I was not sure if you were still representing Mrs. Meyer in this custody action, but as you are still counsel of record, I have forwarded this letter to you for review and consideration. If you are no longer representing Mrs. Meyer in this action, will you kindly forward this letter on to her for response? I recently received a letter from Mr. Wardle indicating that the parties are not able to discuss and satisfactorily resolve four issues surrounding Alex and David. These four issues are as follows: First, Mr. Wardle is requesting a more flexible nightly telephone contact schedule with the boys, as he has taken on the responsibility of coaching the Cumberland Valley School District wrestling team and on those evenings he coaches, he has difficulty placing his telephone contact with the boys between the times of 6:50 - 7:10 p.m. Instead, he would like his telephone contacts to be accepted between the times of 6:50 p.m. - 8:00 p.m. Please advise if this is acceptable to Mrs. Meyer. Second, Mr. Wardle has requested that Mrs. Meyer permit the boys to participate in several sporting events starting with the 2008-09 school year. Specifically, Mr. Wardle has discussed with Mrs. Meyer the possibility of the boys participating in soccer, T-ball, and/or wrestling. Unfortunately, Mrs. Meyer will not discuss these events with Mr. Wardle or provide him with permission to register the children in any of the events. Please advise as to why the children are not able to participate in these sporting events. FAx (717) 540-5481 Third, as of May 1, 2008, both parties will be living in the Cumberland Valley School District. As such, we do not need to discuss and agree upon which school district the boys should attend, but we do need to discuss which specific kindergarten class the children will be enrolled in for the 2008-09 school year as Mr. Wardle's elementary school assignment is Carol J. Lindsay, Esquire SAIDIS FLOWER & LINDSAY Page Two April 25, 2008 Hampden Elementary School and Mrs. Meyer's elementary school assignment is Middlesex Elementary School. For a variety of reasons; including but not limited to the fact that Hampden Elementary has academically ranked higher than Middlesex Elementary and is in close proximity to the parties' residences, their employment, and the children's daycare provider, Mr. Wardle would like the boys to attend Hampden Elementary School. Unfortunately, it is my understanding that the parties have been unable to resolve this issue and may need court intervention to resolve this issue. Please advise. Fourth, Mr. Wardle would like the parties to switch to a week on/week off custody rotation. He believes this schedule will be much easier for both the boys and the parties to exercise once the children begin kindergarten this fall. Please review the above issues with Mrs. Meyer and let me know her thoughts on them. If you believe that a four-party conference would be helpful in achieving a settlement with the above issues, Mr. Wardle and I would be happy to participate in one. Unfortunately, if you and Mrs. Meyer feel we have reached an impasse on the above issues and court intervention is required, I will file the necessary papers for us to meet with the custody conciliation officer. Thank you for your kind attention. Sincerely yours, SERRATELLI SCHIFFMAN BROWN & CALHOON Ak4 ??? ara oyanowski, quire CAB/cb cc: Charles Wardle CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that I have served a copy of the foregoing document on the following personal by depositing a true and correct copy of the same in the Untied States Mail, by way of United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Carol J. Lindsay, Esquire SAIDIS FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Date: 5- Z- ZOOS okka&ma"4". Cara A. Boyanowski, squire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17108 (717) 540-9170 tC C7 , Od K REBECCA MEYER F/K/A REBECCA IN THE COURT OF COMMON PLEAS OF BRENNAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES WARDLE DEFENDANT 2005-4543 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 03, 2008 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. 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/ ac ueline M. Verne 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 40 4?? *V 7 '?" 4?2 3p? k (- Ss .c WJ 8- MINI AWIONOiiiudd 3A 30 m±40-(mu REBECCA MEYER, f/k/a REBECCA BRENNAN, Plaintiff V. CHARLES WARDLE, Defendant i IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4543 CIVIL TERM : IN CUSTODY RESPONDENT'S ANSWER TO PETITION FOR CIVIL CONTEMPT AND COUNTERCLAIM AND NOW, comes Rebecca Meyer, by and through her counsel, Saidis, Flov Lindsay, and answers the Petition for Civil Contempt for Disobedience of Custody as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. SAMIS, FLOWER & LINDSAY LAW 26 West High Street Carlisle, PA 7. Denied. By way of further answer, previous to November 2007, F indicated to Mother that he was considering three alternatives for the children's educe their attending school in the Cumberland Valley School District where Mother re: their attending school in the West Shore School District where Father resided, and r ed, attending private school. In or about November 2007, Father agreed that the chil ren could go to school in the Cumberland Valley School District although he indicat d a preference for Shaull Elementary School which he touted as being the best in the dis rict. He indicated that he was planning to move into the Cumberland Valley School Di trict after the first of the year. There was no request by Father to consider the matter fu rther and Mother concluded they had reached agreement that the children would go to ?c hool in the Cumberland Valley School District. 8. After reasonable investigation, Respondent is without information su 1 cient to form a belief as to the truth of all of the allegations in paragraph 8. However, it ap ears that Father did take the children to Hampden Elementary School on April 22, 200 , the date for which enrollment in Hampden Elementary School was set according to the s hoot district's schedule. By way of further answer, and upon information and belief, it is believed that Father intended to enroll the children in Hampden Elementary Sch of as evidenced by his pre-registering them without consultation with Mother and withou t her knowledge. 9. After reasonable investigation, Respondent is without information suff cient to form a belief as to the truth of all of the allegations in paragraph 9. By way off rther answer, Father did not consult with Mother by telephone or otherwise but proceed d to permit the pre-screening examination. By way of further answer, the last da for enrollment in the Cumberland Valley School District was April 24, 2008, the date pon which Mother was scheduled to take the children for pre-screening evaluation acco ding to the Cumberland Valley School District 2008-09 kindergarten registration schedule. 10. Upon information and belief, admitted. 11. Admitted that the email attached as Exhibit "B" is a true copy of an mail SAID?IS, FLOWER & sent by Father to Mother on April 27, 2008 after he had enrolled the children wi t out LENDSAY ATIORNEMAD previously advising her of his intention to do so. 26 West High Street Carlisle, PA 12. Admitted that the email attached as Exhibit "C" is a true copy of an e -nail provided to Father by Mother on April 23, 2008. 13. Admitted that the letter of April 25, 2008 is a copy of a letter sent to Mother's counsel on April 25, 2008. By way of further answer, the letter of April 25 2008 is the first indication that Father intended to move into the Cumberland Valley chool District, but that he was moving into an elementary school area different from Mo her's. By way of further answer, on April 29, 2008, counsel for Mother transmitted the le?ter to her client. Attached as Exhibit "A" is a copy of her April 29, 2008 letter. 14. Denied as stated. Counsel for Mother placed three separate telephone calls to Father's counsel attempting to negotiate a method for dealing with the issues raised in counsel's letter of April 25, 2008 and other issues which Mother had raised The only return telephone call announced that Father was filing the instant Petiti n for Contempt. 15. After reasonable investigation, Respondent is without information su icient to form a belief as to the truth of all of the allegations in paragraph 15. By way of further answer, Mother did enroll the children at Middlesex Elementary School before sh had any notice that Father had moved, effective May 1, 2008 to Cumberland Valley chool District and in particular to the Hampden Elementary School area. 16. Denied that Mother's decision was unilateral and in violation of the Court SAMIS, FWNWR& LINDSAY 26 West High Street Carlisle, PA Order of February 7, 2006. By way of further answer, at the time that Mother enroll?d the children in kindergarten in the Middlesex Elementary School area, it was the only area in which either of the parties resided, both of them having agreed that the children would attend Cumberland Valley schools. 17. After reasonable investigation, Respondent is without information sufficient to form a belief as to the truth of all of the allegations in paragraph 17. By way of further answer, at all relevant times, Mother did not refuse to discuss enrollment. Rather, F?ther did not give her any advance notice, before the letter of April 25, that he intended to i into the Cumberland Valley School District. By way of further answer, it is Father's behavior that it contemptuous of the Court Order in that he took the children to enrolll them in school, submitted them to pre-screening without the knowledge or ability of Mot er to participate in this important stage of her children's lives. COUNTERCLAIM 18. The answers to paragraphs 1 through 17 are incorporated herein as if set out in full. 19. Father is in contempt of the Court's Order of February 7, 2006 i the following respects: a. Father has submitted the children to religious education without advising Mother or permitting her a decisionmaking role in the religious education of the ch b. Father has placed the children in daycare at a place unknown to and without notice to her while averring that he was going to be home with the children so that they would not need third party daycare. C. In violation of paragraph 11 of the Court Order of February 7, 2006, v hich SAIDIS, FLOVVER & LE1 DSM 26 West High Street Carlisle, PA calls for a telephone call with the children for the noncustodial parent "every night at 7:00 PM, with a ten minute grace period before and after 7:00 PM", Father calls, de pite repeated requests to adhere to the Court Order, as early as 6:30 PM and as late as 8:00 PM, interrupting dinner and bedtime routines. On the other hand, when Mother retu s a call placed within the time limits set out in paragraph 11, Father has never picked u the phone to permit her to speak with the children. d. Father has asked Mother to agree that the children can participate io the Cumberland Valley Youth Wrestling Association program and when Mother has that the children are too young, according to the rules of the program and given their Oge, 4 years, Father has enrolled them anyhow. Mother has incurred legal fees in the preparation of this Petition ar?d in conferences with Mother over the contemptuous behavior of Father, which attorney' fees exceed $750.00. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule Respondent to show cause why he should not be held in contempt of Court. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Es ` e ` Supreme Court ID 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: 6J 1*D SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com www.sfl-law.com April 29, 2008 Rebecca Meyer 3111 Spring Road Carlisle, PA 17013 Re: Rebecca Meyer f/k/a Rebecca Brennan v. Charles Wardle Dear Rebecca: 2109 STREET CAMP HIL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 This letter from Cara Boyanowski may be an entree to permit us to try to negotiate a few matters. Please give my secretary, Barb, a call so that we can set a time to plan a response which will also take into account the support issues you wish to address. Very truly yours, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esquire CJ L/bes Enclosure VERIFICATION I verify that the statements made in the foregoing document are true and corr ct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. n - 09&ff4r- Rebecca Meyer Date: SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the 164 day of May, 2008, I, Carol J. Lindsay, Esquire, of the law firm of S IDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follo : Cara Boyanowski, Esquire Serratelli Schiffman Brown & Calhoon 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 SAIDIS, FLOWER & LINDSAY ('? , if P? . ^ - /I A - 11 Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA t.? iLn ? r il ._? n Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cboyanowski@ssbc-law.com Attorney for Defendant, Charles Wardle REBECCA MEYER F/K/A REBECCA BRENNAN, PLAINTIFF V. CHARLES WARDLE, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4543 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY PETITIONER'S ANSWER TO RESPONDENT'S ANSWER TO PETITION FOR CIVIL CONTEMPT AND COUNTERCLAIM AND NOW, comes the Defendant, Charles Wardle, by his attorney, Cara A. Boyanowski, Esquire, and files this Answer to Respondent's Answer to Petition for Civil Contempt and Counterclaim, and sets forth the following: 18. No answer is deemed necessary to the averment set forth in Paragraph Eighteen, as it is an incorporation paragraph. 19. a. Denied. It is denied that Father is in contempt of the Court's Order of February 7, 2006, by submitting the children to religious education without advising Mother or permitting her a decision making role in the religious education of the children and strict proof of same is demanded at time of trial. By way of further answer, Father has never submitted the children to any type or form of religious education. While it is true that Father and his wife attend church services on a regular basis and take the children with them when the children are in their physical custody, the children do not participate in the church service nor are they present in the church during the church service. Instead, the children are placed in the care of the nursery section of the church while Father and his wife attend the church service. This facility merely provides daycare services for children; it is not a church school or religious education classroom. b. Denied. It is denied that Father is in contempt of the Court's Order of February 7, 2006 by placing the children in daycare at a place unknown to Mother and without notice to her and strict proof of same is demanded at time of trial. By way of further answer, when the children are in Father's care and custody, for approximately three hours on Monday and Tuesday mornings, from approximately 8:00 a.m. -11:00 a.m., the children have a scheduled "play date" with a family friend, Tammy, and her children, with whom Mother is very familiar. After these play dates, Father picks up the children at Tammy's residence and cares for them for the rest of the day, alone, until his wife comes home from work around 4:30 p.m. Denied. It is denied that Father is in contempt of Paragraph Eleven of the Court Order of February 7, 2006 which permits him to call the children every evening at 7:00 p.m. with a ten minute grace period before and after 7:00 p.m., in that, Father instead calls as early as 6:30 p.m. and as late as 8:00 p.m., interrupting dinner and bedtime routines for the children and strict proof of same is demanded at time of trial. While Father will admit that he cannot routinely call -2- Mother's household at exactly 7:00 p.m. each evening, he specifically denies that Mother routinely asks him to adhere to the Court Order or that he routinely calls one-half hour before or after the court-ordered telephone time. It is further denied that Father never picks up the telephone to permit Mother to speak with the children during his periods of physical custody and strict proof of same is demanded at time of trial. By way of further answer, Father does admit that on Friday, May 9, 2008, he took the children to see the mover "Speed Racer." Not knowing the movie ran for over two hours, he had the children quickly call their Mother to advise that they were at the movies and would be late calling her that evening. However, following the movie, the children, with the help of their Father, placed a telephone call to Mother. d. Admitted in part and denied in part. It is admitted that Father has asked Mother to permit the children to participate in the Cumberland Valley Youth Wrestling Association program. It is further admitted that Mother has objected to the children participating in this program, citing they are too young. It is specifically denied that the rules of the program deny the children entrance into the program due to their age or that Father has enrolled the children in the program against Mother's wishes and strict proof of same is demanded at time of trial. By way of further answer, Father is a wrestling coach for the Cumberland Valley Youth Wrestling Association program and during his coaching practices, he takes the boys with him to watch the practices, not participate in them. 20. Father is without any first hand knowledge or information as to form a belief as to what legal fees Mother has incurred in the preparation of her Answer and strict proof of same is -3- demanded at time of trial. If an answer to this averment is deemed necessary, then said averment is denied. WHEREFORE, Defendant requests this Honorable Court deny Plaintiffs request that Defendant be held in contempt of the Court Order of February 7, 2006. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant -4- VERIFICATION Upon my personal knowledge, information and belief, I, Charles Wardle, do hereby verify that the facts averred and statements made in the foregoing Answer To Petition for Civil Contempt and Counterclaim are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: BY r ,--6,arles Wardle -5- CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that I have served a copy of the foregoing document on the following personal by depositing a true and correct copy of the same in the Untied States Mail, by way of United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Carol J. Lindsay, Esquire SAIDIS FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Date: --*()08 Cara A. Boyanows ', Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17108 (717) 540-9170 -6- .:3 `1? REBECCA MEYER F/K/A REBECCA BRENNAN PLAINTIFF V. CHARLES WARDLE DEFENDANT ORDER OF COURT 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, at 4th Floor, Cumberland Coun Courthouse, Carlisle on Friday, June 20, 2008 at 10:30 AM AND NOW, Tuesday, May 27, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-4543 CIVIL ACTION LAW IN CUSTODY FOR THE COURT, By: /s/ ac ueline M. Verne 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 4p - REBECCA MEYER, f/k/a IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. : : NO. 05-4543 CIVIL TERM CHARLES WARDLE, Defendant IN CUSTODY PETITION FOR MODIFICATION AND NOW, comes Rebecca Meyer, f/k/a Rebecca Brennan, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, David and Alexander Wardle, born January 11, 2003. 2. The parties hereto have shared custody pursuant to the Court's Order of February 7, 2006, with modifications negotiated between the parties through counsel. A copy of the Court's Order of February 7, 2006 is attached hereto as Exhibit "A". 3. The children have attained school age and will be attending kindergarten in the Fall of 2008. 4. The parties cannot agree regarding the elementary school which the children will be attending. 5. Respondent has filed a Petition for Contempt of a Court Order and SA MILS, FLOWER & LINDSAY nrtn,vuw 26 West High Street Carlisle, PA Petitioner has filed an Answer thereto with a Counterclaim for Contempt to which the Respondent has filed an Answer. The matter is set for conciliation on July 15, 2008 at 2:00 PM. 6. No judge has been assigned to this case. 7. Counsel for the Respondent acknowledges the need for determination regarding the elementary school the children will be attending. 8. Petitioner respectfully requests that the issue of the elementary school be addressed at the conciliation conference scheduled for July 15, 2008. WHEREFORE, Petitioner prays this Honorable Court to enter an Order requiring the children to attend the elementary school nearest her home and to schedule a conciliation conference for July 15, 2008 at 2:00 PM. SAIDIS, FLOWER & LINDSAY Carol J. Lindsaj, quire Supreme Court 'No. 44693 26 West reet Carlisle, PA 17013 717-243-6222 Dated: Z ? /0 FLOWER &, LINDSAY AMEWMAVI-AW 26 West High Street Carlisle, PA Fri , REBECCA MEYER F/K/A/ : IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2005-4543 CIVIL ACTION LAW CHARLES WARDLE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, thisf day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated October 20, 2005 is hereby vacated. 2. The Mother, Rebecca (Meyer) Brennan and the Father, Charles Wardle, shall have shared legal custody of David Randal Wardle, born January 11, 2003 and Alexander Robert Wardle, born January 11, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, hack-to- school nights, and the like. Each parent shall notify the other as soon as practicable of any emergency medical issues for the children. In the event, that the parents disagree with any medical treatment, they shall defer to the children's pediatrician. 3. Father and Mother shall have shared physical custody of the children as follows: A. Beginning February 6, 2006 on a 2/2/5/5 day rotating schedule. Father shall have the first 2-day period. The exchange time shall be 9:30 am. B. Once Father re-marries, the same 2/2/5/5 schedule shall continue but shall be modified to coincide with Step-mother's daughter's custody schedule to maximize the time those children have together. 4. The relinquishing party shall transport. 5. Easter shall be alternated with Father having physical custody in even numbered years from 10:00 a.m. to 7:00 p.m. 6. Thanksgiving shall be alternated with Father having physical custody in even numbered years from 12:00 noon to 4:00 p.m. 7. Christmas shall be shared as follows: Mother shall always have physical custody of the children on Christmas Eve from 4:00 p.m. to 9:00 p.m. Christmas shall otherwise be divided into two Blocks. Block A shall be from 9:00 a.m. Christmas Eve to Christmas Day at 2:00 p.m. Block B shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 8. New Year's Eve shall be alternated with Father having even numbered years from 9:00 a.m. to 7:00 p.m. 9. Each party shall be entitled to a two hour lunch with the children on the children's birthday. In the event that this cannot be accommodated, they shall be entitled to two hours on the day before or the day after the children's birthday. Each parent shall be entitled to a two lunch from 12:00 noon to 2:00 p.m. with the children on the parent's respective birthday. 10. Each party shall be entitled to one full week of physical custody from Sunday to Sunday in the summer provided they give the other party 30 days prior notice. Notice shall be provided by e-mail and shall be copied to Father's counsel. It. The non-custodial parent may call the children every night at 7:00 p.m., with a ten minute grace period before and after 7:00 p.m. 12. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 4l/&A' J. , er, Jr cc: Carol j. Lindsay, Esquire Esquire, for Father Cara A. Boyariowski, q FPTIo! RSCORD tai Carlisle, Fa. --A AA JI i REBECCA MEYER F/K/A/ REBECCA BRENNAN, Plaintiff V. CHARLES WARDLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-4543 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley, Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Randal Wardle January 11, 2003 shared Alexander Robert Wardle January 11, 2003 shared 2. A Conciliation Conference was held in this matter on February 2, 2006. Present at the Conference were: Mother, Rebecca Meyer, with her counsel, Carol J. Lindsay, Esquire, and Father, Charles Wardle, with his counsel, Cara A. Boyanowski, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated October 20, 2005 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form attached. e.2-3 G? xl Date cq ine M. Verney, Esquire Custody Conciliator VERIFICATION I 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. §4904, relating to unsworn falsifications to authorities. wrl LZA - Rebecca Meyer Date: ? I I 2008 CERTIFICATE OF SERVICE On this 1 l day of July, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Cara Boyanowski, Esquire Serratelli Schiffman Brown & Calhoon 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLONVER & LINDSAY .?ruw 26 West High Street Carlisle, PA Q ?rF R?? ? ?. ? ?? ? ? trJ ? ? `?-? ?? i €?} ? ? ? ?. ? ? --- r , . ._.. r 1 ..{ r.+r? ?' ` yy ...( ?...•y '?'?C -?w U4720 REBECCA MEYER, F/K/A : IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. : NO. 2005-4543 CIVIL ACTION - LAW CHARLES WARDLE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Z 2 day of l1 , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. _ -, of the Cumberland County Court House, on the o4-6C day of , 2008, at ! 36 o'clock, _f . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party 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. The Petitions for Contempt filed by both parties are hereby withdrawn without prejudice. 3. Pending further Order of Court or agreement of the parties, the prior Order of Court dated February 7, 2006 shall remain in full force and effect with the following addition. 4. The children shall attend Middlesex Elementary School for the 2008-2009 school year. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. 0-0poesm'A % 6L ??a3/o8 cc:,Cara A. Boyanowski, Esquire, counsel for .//Carol J. Lindsay, Esquire, counsel for Mother BY THE COURT, 1 C' D. oz •ZG wid U ]AF BOUZ ??.' 3,1141 ,, REBECCA MEYER F/K/A : IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2005-4543 CIVIL ACTION - LAW CHARLES WARDLE, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Randall Wardle January 11, 2003 shared Alexander Robert Wardle January 11, 2003 shared 2. A Conciliation Conference was held July 15, 2008 with the following individuals in attendance: The Father, Charles Wardle, with his counsel, Cara A. Boyanowski, Esquire, and the Mother, Rebecca Meyer, with her counsel, Carol J. Lindsay, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated February 7, 2006 providing for shared legal custody and shared physical custody. 4. Father filed a Petition for Contempt. Mother filed an Answer to the Petition for Contempt and Counterclaim for Contempt. Mother also filed a Petition for Modification. The parties agreed to withdraw the Petitions for Contempt without prejudice. The issue is which elementary school in the Cumberland Valley School District the children should attend kindergarten. 5. Mother's position on custody is as follows: Mother wishes the children attend Middlesex Elementary School. She maintains that the children have lived in the same neighborhood since they were 1 '/2 years old and would be in school with their playmates. Father just moved into Hampton Township three months ago, so the children do not have many friends in the neighborhood and would not know the children attending -Jr Hampton Elementary School. Mother asserts that if Father has transportation issues getting the children to Middlesex Elementary during his periods of physical custody, then she should have primary physical custody of the children. 6. Father's position on custody is as follows: Father wishes the children attend Hampton Elementary School. Father asserts that Hampton is a better school than Middlesex. He maintains that Mother does not have the transportation issues that he has since she drives near Hampton Elementary on her way to work in Harrisburg. Father is an independent contractor as a personal trainer and works early morning and evenings. His wife transport her daughter to school in Susquehanna Township and would not be available to transport the children to Middlesex Elementary. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current Order with the children attending Middlesex Elementary. It is expected that the Hearing will require one-half day. J-Iff-OY Date cqu ne M. Verney, Esquire 10 Custody Conciliator P. Richard Wagner, Esquire PA Supreme Court ID# 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Defendant REBECCA MEYER F/K/A/ REBECCA BRENNAN, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 05-4543 CIVIL ACTION LAW CHARLES WARDLE, Defendant. TO THE PROTHONOTARY: : IN CUSTODY PRAECIPE Please withdraw the appearance of the undersigned as counsel for the Defendant, CHARLES WARDLE, in the Date:?-Z, 4-ZOO$ Cara A. Boyanowski,'E: I.D.# ,tp $ 73 1.P 2080 Linglestown Road Harrisburg, PA 17110 Please enter the appearance of the undersigned as counsel for the Defendant, CHARLES WARDLE, in the above-captioned action. P. Rich , squire I.D. #23103 2233 North Front Street Date: 3 /,2. OFD Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant 0 Pa d REBECCA MEYER, f/k/a IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW V. NO. 05-4543 CIVIL TERM CHARLES WARDLE, Defendant IN CUSTODY PETITION FOR RULE ABSOLUTE AND NOW, comes Rebecca Meyer, f/k/a Rebecca Brennan, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, David Wardle and Alexander Wardle, born January 11, 2003. 2. The parties equally share physical custody of the children. 3. On July 18, 2008, this Honorable Court entered a Rule upon the Respondent to show cause why discovery pursuant to Pa. R.C.P. 1930.5 should not be permitted. The Order was docketed on July 31, 2008 and was returnable twenty (20) days from the date of service. The Order is attached hereto as Exhibit "A" 4. The Order was served on counsel for the Respondent on July 22, 2008. 5. No Answer has been filed to show cause why discovery should not be permitted and twenty (20) days have passed from the date of service. WHEREFORE, Petitioner prays this Honorable Court to make the Rule of July 18, SAIDIS, F7-OWER & LINDSAY MUNW'YSeruw 26 West High Street Carlisle, PA 2008 absolute and to permit Petitioner to propound discovery to Respondent pursuant to Pa. R.C.P. 1930.5. Dated: ?IJ/® SAIDIS, FLOWER & LINDSAY Carol J.-Lindsa s uir Supreme Cou ID . 44693 26 West High Street Carlisle, PA 17013 717-243-6222 REBECCA MEYER, f/k/a IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOMESTIC RELATIONS SECTION V. : NO. 00441 S 2008 CHARLES E. WARDLE, Defendant PACSES Case Number 380110060 ORDER OF COURT AND now, this day of ?, 2008, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. Rule returnable v? 0 days from the date of service thereon. BY THE COURT: SAMLS, LOWER & LINDSAY 6 West High Street Carlisle, PA A TRUE OOPY FROM W M in TewlrmW wire I a wto nW !md and 00 "W of -114 021ac at Qa , Pa. Q?elt d Oora fif?brflrrid 1D"K*GN* 41Q$" CNWww VERIFICATION I, Carol J. Lindsay, attorney for Rebecca Meyer, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 449 / a FLOWER SAID, LIlVDSAY nrtoFA%I'Snruw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this q day of August, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110-1027 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, sq ire Supreme Cou D N . 44693 26 West High Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY V IORfE AT MAW 26 West High Street Carlisle, PA C-4 (`) ?- ON LYW i 11? i LL sw t t? m-D .1 a ?? C SFP 0 2 2008, REBECCA MEYER, f/k/a REBECCA BRENNAN, Plaintiff V. CHARLES WARDLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4543 CIVIL TERM IN CUSTODY ORDER OF COURT AND now, this ? day of S c , 2008, upon consideration of the within Petition, the Rule issued on July 18, 2008 is absolute and Plaintiff may conduct discovery pursuant to Pa. R.C.P. 1930.5. BY THE COURT: f Wesley Ole r•, J. SAIDIS, FLOWER & LINDSAY +nowvExsnruw 26 West High Street Carlisle, PA ?? kt W Lv /?;r 1 .o4m t?ua 53,??7 - $OJO!/?i REBECCA MEYER, f/k/a IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. : NO. 05-4543 CIVIL TERM CHARLES WARDLE, Defendant IN CUSTODY PETITION TO COMPEL DISCOVERY 1. The parties hereto are parents of two children, David Wardle and Alexander Wardle, twins, born January 11, 2003. 2. On June 30, 2008, this Honorable Court issued an interim Order of Support after a support conference. 3. On July 11, 2008, Petitioner sought from this Court leave to pursue discovery pursuant to Pa. R.C.P. 1930.5 and the Court issued a Rule upon the Respondent to show cause why that relief should not be requested on July 18, 2008. 4. The Rule was made absolute on September 5, 2008. 5. On September 5, 2008, Petitioner served on Respondent a Request for Production of Documents, attached hereto as Exhibit "A". 6. Thirty (30) days have passed and the documents have not been provided. 7. A hearing is scheduled before the Support Master on November 10, 2008. The documents are required well in advance of that hearing. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule on the SAIDIS, FT-OWER & LINDSAY A'r1UV EYSATIAW 26 West High Street Carlisle, PA Respondent to show cause why he should not be ordered to provide the documents requested and, in the event that those documents are not provided at least two weeks prior to the hearing set for November 10, 2008, why that hearing should not be continued. Dated: f op) , 09 SAIDIS, FLOWER & LINDSAY Carol J. Lind y squire Supreme C ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 REBECCA MEYER, f/k/a REBECCA BRENNAN, Plaintiff V. CHARLES E. WARDLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION NO. 00441 S 2008 PACSES Case Number 380110060 REQUEST FOR PRODUCTION OF DOCUMENTS SAMIS, SOWER & LINDSAY 26 West High Street Carlisle, PA To: Charles E. Wardle c/o P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110-1027 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. Copies of your Federal and state income tax returns for 2004, 2005, 2006 and 2007 together with all 1099s and W-2s. 2. Copies of all documents provided to your accountant for the preparation of your 2005, 2006 and 2007 Federal and state income tax returns. 3. A copy of the ledger or spreadsheet you maintained to document your income and expenses for your business for 2008 through August 31. 4. Copies of all receipts for expenses you claimed as businesses expenses in 2005, 2006 and 2007. 5. A copy of your calendar, paper or electronic, on which you keep a record of your appointments for work for 2005, 2006 and 2007. 6. Copies of the bank statements for an account in any bank or credit union into which you have made deposits from January 1, 2007 through August 31, 2008, whether that bank or credit union statement is titled in your name, a business name, or any other person's name. 7. A copy of the travel ledger you maintain in order to report the miles traveled for Federal income tax purposes. 8. The log sheets you maintain and turn into Gold's Gym. 9. Any written contract or agreement which you have with Gold's Gym that outlines your financial arrangement with Gold's Gym including fees paid to the gym, percentages remitted to the gym or to you by the gym for services performed at the gym. 10. If Total Package Training is a corporation or partnership, please provide the corporation or partnership returns for 2004, 2005, 2006 and 2007. 11. A copy of the lease for the residence in which you are presently residing or, if it is not leased, a copy of the Agreement of Sale, Installment Sales Agreement, Deed and Mortgage together with any Note signed in order to purchase that property. 12. Copies of any application for credit that you submitted to a bank, a real estate agent or a seller of real property between January 1, 2007 and the present. 13. Documentation for any Agreement with Annex Sports and Fitness and/or to Steve Beres for the rental space and payment for services. SAIDIS, FLOWER & LINDSAY SAIDIS, SOWER & LENDSAY ATNRNEYS•AT lAN' 26 West High Street Carlisle, PA Dated: I Carol J. Lindsay; E Supreme Cour- IID I 26 West High StreE Carlisle, PA 17013 717-243-6222 44693 CERTIFICATE OF SERVICE On the day of September, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110-1027 SAIDIS, FLOWER & LI SAY Carol J. Lindsay, quire Supreme Court ID o. 44693 26 West Higher et Carlisle, PA 17013 717-243-6222 SAIDIS, SOWER & LINDSAY Ar-Aruw 26 West High Street Carlisle, PA VERIFICATION I, Carol J. Lindsay, attorney for Rebecca Meyer, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol T Lindsa e, attorne r Rebecca Mey Date. /' ?A C SAIDIS, FLOWER & LINDSAY .,?•?W 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this --), ? day of October, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110-1027 SAIDIS, FLOWER & LINDSAY Carol J. Lind ay squire Supreme ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY •AT•IAW 26 West High Street Carlisle, PA ?` ?} f:L7 4"} ....Z ? ??. [?Z7 -M?j ?? ?. n f7? ?^'. ?. w.., .A i? ? i ?+ ? REBECCA MEYER, f/k/a REBECCA BRENNAN, Plaintiff V. CHARLES WARDLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4543 CIVIL TERM ORDER OF COURT AND NOW, this 30`x' day of October, 2008, upon consideration of Plaintiff's Petition for Modification with respect to the parties' children, David Randal Wardle (d.o.b. January 11, 2003) and Alexander Robert Wardle (d.o.b. January 11, 2003), following a hearing held on October 29, 2008, and the issue for disposition by the court being what school the children should attend for purposes of kindergarten, it is ordered and directed that the children attend the Middlesex Elementary School in the Cumberland Valley School District. BY THE COURT, ZCarol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff ? P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant :rc 0- «s rnz ILL ?l?l 630 Tu REBECCA MEYER, f/k/a REBECCA BRENNAN, Plaintiff v CHARLES WARDLE, Defendant IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005-4543 CIVIL TERM IN CUSTODY IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 29th day of October, 2008, upon consideration of Plaintiff's Petition for Modification with respect to the parties' children, David Randal Wardle (date of birth, January 11, 2003), and Alexander Robert Wardle (date of birth, January 11, 2003), and following a hearing held on this date, and the issue for disposition by the Court being what school the children should attend for purposes of kindergarten, the record is declared closed, and the matter is taken under advisement. /arol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 For Plaintiff Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For Defendant By the Court, eulcy u G C7 C-4 REBECCA MEYER, f/k/a REBECCA BRENNAN, Plaintiff : V. CHARLES WARDLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4543 CIVIL TERM REBECCA MEYER, f/k/a : IN THE COURT OF COMMON PLEAS OF REBECCA BRENNAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOMESTIC RELATIONS SECTION PACSES NO. 380110060 CHARLES WARDLE, Defendant NO. 08-0441 SUPPORT ORDER OF COURT AND NOW, this 31St day of October, 2008, upon consideration of Plaintiff's Petition To Compel Discovery, and following a telephone conference with counsel on October 30, 2008, action on the Petition is deferred pending receipt of a proposed order from counsel disposing of the Petition and correcting its caption to reflect its proper docked number of 08-0441 Support. /Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, fifitt °} O -.Z d C- AON OOOZ irk v..lr .v id 3Hi JO ZP. Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant :rc 37 IEv enqa-t LL ,?13 f?S