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HomeMy WebLinkAbout05-6288ANGELA S. MICKLO, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. NO. OS- i'"6bCIVIL TERM JEFFREY S. MICKLO, Defendant IN CUSTODY CUSTODY COMPLAINT Petitioner, Angela S. Micklo, by and through her counsel, Grace E. D'Alo and MidPenn Legal Services, states the following: 1. Plaintiff, hereinafter referred to as the "Mother", resides at 111 Andrew Court, Carlisle, Cumberland County, PA, 17013. 2. Defendant's current permanent address is unknown. 3. Michael Scherer is Defendant's counsel. 4. Mother and Defendant are the natural parents of: Colton Jeffrey Charles Micklo born February 17, 1999, and Korrd Austin Micklo born December 31, 2001. 5. Mother and Defendant are married. 6. The children have lived continuously with both parents up until December 3, 2005, at the following addresses: a. From January of 1998 until January of 2002 at 1710 Enola Road, Carlisle, PA 17013; b. From January 2002 to December 2004 at 119 Walton Circle, Ickesburg, PA 17037; c. From December 2004 until December 5, 2005, at 111 Andrew Court, Carlisle, PA 17013. 7. On December 5, 2005, without telling Mother, defendant took both children and has not told Mother where the children are living, where he is living, or given Mother any means to contact the children. 8. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant took the children and has kept them from their Mother without warning and without respect for the damage that such a traumatic separation can cause the children; b. The children have not been in school or their pre-school programs since Defendant has taken them; c. Mother has not been able to see her children; d. The Defendant has refused to provide Mother with information as to where the children are; e. Defendant has traumatized the children by removing them from Mother and by not allowing Mother contact; 9. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; ANGELA S. MICKLO, Plaintiff v JEFFREY S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6288 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 2 5" day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Angela S. Micklo, and the Father, Jeffrey S. Micklo, shall enjoy shared legal custody of Colton Jeffrey Charles Micklo, born February 17, 1999 and Korrd Austin Micklo, born December 31, 2001. 2. Physical custody shall be handled as follows: A. The Father shall have custody from Sunday at 6:00 p.m. to Thursday when he shall deliver the children to school or day care, as applicable, or keep the children until mid-afternoon in the event there is no school or day care required. B. Mother shall have custody of the minor children from mid-afternoon on Thursday, or from after school and when day care is released, until Sunday at 6:00 p.m. 3. The parties shall endeavor to aid each other with respect to transportation when the other parent has custody of the minor children and also with respect to childcare needs for the other party. 4. Neither parent shall disparage the other parent to the children, nor shall they allow other individuals to disparage the parent when they have custody of the minor children. Both parties shall endeavor to work in a positive fashion and encourage the children to form a warm relationship with the other parent. 5. The parties shall meet for another custody conciliation on Thursday, February 23, 2006 at 9:30 a.m. 6. The prior temporary custody Order entered in this case on December 15, 2005 is vacated. BY THE COURT: Cc: 1Grace D'Alo, Esquire chael Scherer, Esquire Kevin . Hess, Judge T1J 0 t ANGELA S. MICKLO, Plaintiff v JEFFREY S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6288 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Colton Jeffrey Charles Micklo, born February 17, 1999 Korrd Austin Micklo, born December 31, 2001 2. A conciliation conference was held on January 20, 2006, with the following individuals in attendance: The Mother, Angela S. Micklo, with her counsel, Grace D'Alo, Esquire The Father, Jeffrey S. Micklo, with his counsel, Michael Scherer, Esquire 3. The parties agreed to an entry of an Order in the form at attached. Date: January ° ( , 2006 Hubert X. Gilro , Esquire Custody Con 'iator b. Since the child's birth, Mother is the person who has provided for the daily needs of the child and is the person most capable of caring for him; c. Mother can best facilitate and maintain any contact between the child and the Defendant. 10. Mother requests that the Court grant primary physical and shared legal custody of the above named children. 11. Without this Court's intervention, Mother and child are at risk of irreparable harm by being denied contact with each other. 12. Mother's counsel contacted Defendant's counsel and ascertained that he does not concur in the relief requested. WHEREFORE, Petitioner respectfully requests that the Court schedule this matter for conciliation as soon as possible. Respectfully submitted, ie for Plaintiff/ Petitioner MldPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Angela s. Micklo, verifies that the statements made in the attached Petition for Special Relief and complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ??- - - A a S. iCklo ?` ? - ANGELA S. MICKLO, IN TUE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 05- CIVIL TERNI JEFFREY S. MICKLO, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Angela S. Micklo , Plaintiff, to proceed in forma au eris. I, Grace E. D'Alo, attorney for the party proceeding in forma au eris, certify that I believe the parry is unable to pay the costs and that MidPenn Legal Services is providing free legal services to the party. t Gra D'Alo Jess Diamondstone Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ANGELA S. MICKLO, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBER//LAND COUNTY PENNSYLVANIA No. 05-0 CIVIL TERM vs. JEFFREY S.MICKLO, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Angela S. Micklo, by and through her counsel, Grace E. D'Alo and MidPenn Legal Services, states the following: 1. Plaintiff, hereinafter referred to as the "Mother", resides at I l l Andrew Court, Carlisle, Cumberland County, PA, 17013. 2. Defendant's current permanent address is unknown. 3. Michael Scherer is Defendant's counsel. 4. Mother and Defendant are the natural parents of: Colton Jeffrey Charles Micklo born February 17, 1999, and Korrd Austin Micklo born December 31, 2001. 5. Mother and Defendant are married. 6. The children have lived continuously with both parents up until December 3, 2005, at the following addresses: a. From January of 1998 until January of 2002 at 1710 Enola Road, Carlisle, PA 17013; b. From January 2002 to December 2004 at 119 Walton Circle, Ickesburg, PA 17037; c. From December 2004 until December 5, 2005, at 111 Andrew Court, Carlisle, PA 17013. 7. On December 5, 2005, without telling Mother, defendant took both children and has not told Mother where the children are living, where he is living, or given Mother any means to contact the children. 8. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant took the children and has kept them from their Mother without warning and without respect for the damage that such a traumatic separation can cause the children; b. The children have not been in school or their pre-school programs since Defendant has taken them; c. Mother has not been able to see her children; d. The Defendant has refused to provide Mother with information as to where the children are; e. Defendant has traumatized the children by removing them from Mother and by not allowing Mother contact; 9. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the child's birth, Mother is the person who has provided for the daily needs of the child and is the person most capable of caring for him; c. Mother can best facilitate and maintain any contact between the child and the Defendant. 10. Mother requests that the Court grant primary physical and shared legal custody of the above named children. 11. Without this Court's intervention, Mother and child are at risk of irreparable harm by being denied contact with each other. 12. Mother's counsel contacted Defendant's counsel and ascertained that he does not concur in the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Defendant immediately return the children to Mother's custody, and b. Angela S. Micklo have primary physical custody of the children, and. c. The children immediately return to school, and d. Any other relief this court deems just and proper. submitted, ra e E. D'Alo Alldmey for Plaintiff/ Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 ? .. ANGELA S. MICKLO, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. JEFFREY S. MICKLO, No. 05-6288 CIVIL TERM Defendant IN CUSTODY Certificate of Service I, Grace D'Alo, hereby swear that I served Michael Scherer, attorney for the Defendant, with a Petition for Special Relief and Custody Complaint on December 8, 2005, at the address and in the manner described below: First class, pre-paid U.S. mail Michael Scherer 19 W. South Street Carlisle, PA 17013 Signature:' - ace E. D'Alo idPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 ?II ANGELA S. MICKLO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6288 CIVIL ACTION LAW JEFFREY S. MICKLO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 74, 2005 _, upon consideration of the attached Complaint, is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Friday, January 13, 2006 _ at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all 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/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 '' -??_s?-?? ???s ? ? ?'??'=??i °???1' s?.si, tai ANGELA S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. No. 05- CIVILTERM JEFFREY S. MICKLO, Defendant IN CUSTODY ORDER AND NOW, upon consideration of Plaintiff's Petition for Special Relief, this DEC 0 8 2005 1? P? 1,_/ day of Z)c4%.4,-r , 2005, this Court orders the following: R.d 4kea ; b' ai, a. //Defendant immediately return the children to Mother's custody, and {.? .4 Na? 'L7cc.. L S ar +ww. p M hs. +. LYAFLf?.?,.1! w t'++%47 b. The children immediately return to their educational programs in the South Middleton School District and at the YWCA in Carlisle. 105 c. The parti appear ore this ourt o the df which me testi ony will take wit espec?Co/ es c hit en. A at t i rest of the L -U1j&S RECEIVED MAR 0 7 N ANGELA S. MICKLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v JEFFREY S. MICKLO, Defendant NO. 05-6288 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ey day of March, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the 201n day of March, 2006 at 3:30 p.m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court a brief Memorandum indicating the current status of custody in this case and each party's position on the custody issue and on the school issue. This Memorandum shall be filed on or before March 17, 2006. 2. Pending further Order of this Court, this Court's prior Order of January 25, 2006 shall remain in effect. BY THE COURT: Kevin A. Hess, Judge Cc: Grace D'Alo, Esquire Michael Scherer, Esquire ,ct=yu-Za a Lce? 3 U<;-oc (41 -. i : . },'.- ?.a ANGELA S. MICKLO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-6288 CIVIL ACTION - LAW JEFFREY S. MICKLO, IN CUSTODY Defendant Prior Judge: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Colton Jeffrey Charles Micklo, born February 17, 1999 Korrd Austin Micklo, born December 31, 2001 2. A conciliation conference was held on March 3, 2006, with the following individuals in attendance: Attorney Grace D'Alo who appeared on behalf of the Mother The Mother did not appear. The Father, Jeffrey S. Micklo, with his counsel, Michael Scherer, Esquire 3. Father is concerned at this point because Mother has a very erratic living situation. Although the prior Order of Court in this case requires the children to remain in the South Middleton School District, the current situation is that neither parent resides in South Middleton. Father wants to get primary custody. A short hearing is necessary to address the school issue and also to address whether the current custody situation needs to be modified in light of Mother's precarious living arrangements. 4. The Conciliator recommends an Order in the form as attached. Date: March 2006 Z?* V/ Hubert X. 9flroy, Esquire Custody onciliator ANGELA S. MICKLO Plaintiff V. JEFFREY S. MICKLO Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6288 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW 11' day of March, 2006, upon the Court being advised by the Custody Conciliator that neither parent is residing in South Middleton Township, it is ordered that the Father may enroll the child in the Carlisle School District pending further review of this case at the March 20, 2006 hearing. BY THE COURT: WAA, A. Hess, Judge cc: Grace D'Alo, Esquire Michael Scherer, Esquire 'Michael A. Scherer O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ,,4(lrace D'Alo, Esquire Legal Services, Inc. 401 East Louther Street, Suite 103 Carlisle, PA 17013 AI )I tt? X. GI1A6/ b? ? ?O ,t.?; ? ^>'` rte:,. h:"" ?? ' ? ? ?,.F 9(y©v 4i5 .? ?'?? L? ?'??! 3? :.,3Ni ,? _ -yn?. ?-lv ANGELA S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW N0. 05-6288 CIVIL TERM IN CUSTODY JEFFREY S. MICKLO, Defendant IN RE: PETITION FOR CUSTODY ORDER OF COURT AND NOW, this 20th day of March, 2006, this matter having been called for hearing, primary physical custody of the children, Colton Jeffrey Charles Micklo, born February 17, 1999, and Korrd Austin Micklo, born December 31, 2001, is awarded to their father, the defendant, Jeffrey S. Micklo, subject to such rights of partial custody and visitation in the plaintiff, Angela S. Micklo, as the parties shall from time to time agree. By the Court, ss, J. ,/Grace E. D'Alo, Esquire For Angela S. Micklo ?YSchael Scherer, Esquire For Jeffrey S. Micklo A bg V?' ?_ "`?I r..\ '\::? ,v t ? ? ;?Z ?f '-' !I-a _, Angela S. Micl lo, Plaintiff, I Petitioner V. Jeffrey S. Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 05-6288 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The p tition of Angela Sue Micklo, ("Mother") by her attorneys, the Family Law Clinic, respectfully represents that on March 20, 2006, the Honorable Kevin Hess entered an Order for custody of Colton Jeffrey Charles Micklo, born February 17, 1999 and Korrd Austin Micklo, born December 31, 2(01, a true and correct copy of which is attached. Under the Order, Jeffrey S. Micklo ("Father') has primary physical custody of the child. Mother has partial custody of the child. Mother is to have physical custody of the child as the parties shall agree from time to time. 2. This Order should be modified because: a. Fathe 2007 b. Fathe 3. As req 2007. A messag but attorneys we has refused to allow Mother to exercise her partial custody rights since June has barely allowed any telephone contact between Mother and her children. ired by C.C.R.P. 208.2(d), concurrence of counsel was sought on October 26, was left for attorney Michael Scherer. Michael Scherer did attempt to respond unable to communicate with each other by the time of filing. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother specific periods of physical custody schedule including but not limited to, alternating weekends, one evening a week, shared or split holidays, time with her children during each child's birthday and additional time during the summer totaling no less than four weeks, because it will be in the best interest of the children. Date: Scott Weber Certified Legal Intern ROBERT . RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify statements here to authorities. Date: 16 GJ it the statements made in this petition are true and correct. I understand that false are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification Angela Sue Micklo CERTIFICATE OF SERVICE I, Scott eber , Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true an correct copy of a Petition to Modify Custody Order on the following person by first class U.S, ail, postage prepaid, this - day of 04o 4,- , 2007: Michael Scherer, Esquire 19 W. South Street Carlisle, PA 17013 ,mac. vl? Scott Weber Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ANGELA S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 05-6288 CIVIL TERM IN CUSTODY JEFFREY S. MICKLO, Defendant IN RE: PETITION FOR CUSTODY ORDER OF COURT AND NOW, this 20th day of March, 2006, this matter having been called for hearing, primary physical custody of the children, Colton Jeffrey Charles Micklo, born February 17, 1999, and Korrd Austin Micklo, born December 31, 2001, is awarded to their father, the defendant, Jeffrey S. Micklo, subject to such rights of partial custody and visi.tat'on in the plaintiff, Angela S. Micklo, as the parties shall from time to time agree. By the Court, ./'Grace E D'Alo, Esquire For Anct la S. Micklo ,,>f2chaeZ Scherer, Esquire For Jeffrey S. Micklo 1 :bg Kevin: . Hess, J. 0?' 1? ?") c t.? .,.._, --n { ?'? 3 a. _.? ? rum ?J.J .! ?4F Angela Sue Mi klo, : IN THE COURT OF COMMON PLEAS OF Plainti etitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Jeffrey S. Mick o, Defends t/Respondent : NO. 05-6288 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothono Kindly allow Angela Sue Micklo, Plaintiff, to proceed in forma pauperis. The F ily Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe e party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date ( b? L-K 'Vaxy colt Weber Certified Legal Intern rw C 9, FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 ROE INS THOMAS 41.PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys MF= CrIk ?? 4 ANGELA S. MICKLO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY S. MICKLO DEFENDANT • 2005-6288 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 01, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 13, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gi1roY' Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 S''-"4 NVtt'IASNfV 00:!1NV 613301gaZ A&I4NGHIoW z4iL 30 - .10 ANGELO S. MICKLO, Plaintiff v JEFFREY S. MICKLO, Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6288 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Colton Jeffrey Charles Micklo, born February 17, 1999, and Korrd Austin Micklo, born December 31, 2001. 2. A Conciliation Conference was held on December, 13, 2007, with the following individuals in attendance: The father, Jeffrey S. Micklo, who appeared without counsel. However Mr. Micklo is represented by Attorney Michael Scherer and consulted with him via telephone prior to the conference. Also present were mother, Angela S. Micklo, with her counsel, Scott Webber, Certified Legal Intern, Dickinson School of Law Family Law Clinic. 3. There is a custody order from March of 2006 giving father primary custody and mother periods of temporary custody as the parties agree. Apparently, that order was entered when mother failed to show at the custody hearing. Since that time, mother has had sporadic custody with the children. She suggests the father would y DEC 17 2007#4 v ANGELO S. MICKLO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JEFFREY S. MICKLO, : NO. 2005-6288 Defendant : IN CUSTODY COURT ORDER AND NOW, this ?i?-l day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the day o 200 9 at L oogm. At this hearing, the mother shall be .10 the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's prior order of March 20, 2006 shall remain in effect subject to the following modifications: A. Mother shall enjoy temporary physical custody of the minor children on every Saturday from noon until 5:00 p.m. Mother shall handle transportation for exchange of custody and shall pick up the children at and deliver the children to father's residence. BY THE OURT, OL Judge in A. Hess cc: Michael A. Scherer, Esquire Scott Webber, Certified Leg @l Inter , Dickinson School of Law Family Law Clinic. L,04 ccy wO r ' Jt WP IN A- ft\St V 1 Y]d mNnr, Z Q; t I WV 61330 LODZ dQ ANGELO S. MICKLO, Plaintiff v JEFFREY S. MICKLO, Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6288 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Colton Jeffrey Charles Micklo, born February 17, 1999, and Korrd Austin Micklo, born December 31, 2001. 2. A Conciliation Conference was held on December, 13, 2007, with the following individuals in attendance: The father, Jeffrey S. Micklo, who appeared without counsel. However Mr. Micklo is represented by Attorney Michael Scherer and consulted with him via telephone prior to the conference. Also present were mother, Angela S. Micklo, with her counsel, Scott Webber, Certified Legal Intern, Dickinson School of Law Family Law Clinic. 3. There is a custody order from March of 2006 giving father primary custody and mother periods of temporary custody as the parties agree. Apparently, that order was entered when mother failed to show at the custody hearing. Since that time, mother has had sporadic custody with the children. She suggests the father would . I not allow her to see the children. The father suggests mother's life has been in total disarray including an arrest on a drug charge in the summer of 2007and incarceration in the Cumberland County Prison for approximately six days. 4. The father is not willing to agree on any modification of the existing custody order and the father has not been responsive to the mother's request to see the children over the past few months. The father expresses concern about the gentleman the mother is living with and general supervision of the children. The mother is currently living with her boyfriend and she has an infant child living with her to her boyfriend. They also live with the boyfriend's mother. 5. The Conciliator feels that the court will need to conduct a hearing in this case because the father is unwilling to agree upon any modification of the order. However, in order to facilitate the children at least having some contact with their mother which, ultimately, will help at the litigation of the case at a hearing, the Conciliator recommends that the mother have limited contact with the children on a weekly basis pending the scheduling of a hearing. 6. The Conciliator recommends an Order in the form as attached. Date: l-z ?4 Hubert X. Gilroy, Esq Custody Conciliator Angela Sue Micklo, Plaintiff V. Jeffrey S. Micklo, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2005-6288 CIVIL TERM MOTION FOR CONTINUANCE Plaintiff, Angela Sue Micklo, by and through her attorneys, the Family Law Clinic, hereby requests that the Court continue the hearing scheduled for March 7, 2008 in the above captioned matter. In support of her motion, Plaintiff avers as follows: 1. On Thursday, December 13, 2007, this Court held a Custody Conciliation Conference. The Order of Court, dated December 19, 2007, scheduled a custody hearing for Friday, March 7, 2008, at 10:00 a.m. 2. Neither Plaintiff nor her attorney received the Order of Court dated December 19, 2007, and were thus unaware of the hearing scheduled for Friday, March 7, 2008. 3. Plaintiff's attorney only became aware of this hearing upon receipt of opposing counsel's Custody Memorandum on February 28, 2008. 4. Plaintiff's attorney spoke with the Cumberland County Prothonotary on February 28, 2008, who stated that it appeared as if they had not sent the hearing notice to Plaintiff or her attorney. 5. Opposing counsel, Michael A. Scherer, does not oppose a continuation of the hearing. 6. Judge Hess has previously been assigned to this case. 7. For the aforementioned reasons, Plaintiff respectfully requests a continuance of the March 7, 2008 hearing. Respectfully Submitted, Date: February 29, 2008 X k.. Rebecca Fa lkner Certified Legal Intern THOMA CE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 ?a ?"^s r? - r:_?s ,-? ''t'1 `:'? 4"T?i .?4 ? r-° t. J ,,,,?; ? , ; C%' ? -`-, ?'n ?*..? • 7 ?; - . ? i. `;?"k --?:, ?j", wa 08=?e Ms. Angela Sue Micklo, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Mr. Jeffrey S. Micklo, Defendant : NO. 2005-6288 CIVIL TERM ORDER OF COURT AND NOW, this JU& day of NIA-,4 ? , 2008, upon consideration of the attached Motion for Continuance, the motion is granted. The Custody Hearing previously scheduled for March 7, 2008 at 10:00 a.m. is continued until the ?5 day of Qke?L-e , 2008 at 7 % .m. in Courtroom Number 4 of the Cumberland County Courthouse. BY THE COURT: rra.. 3 tda I Date z A. Hess La ? irid OF FILED ?. F r OTAP r: Joe - qty Angela Sue Micklo, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY Jeffery S. Micko, Defendant NO. 2005 - 6288 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that on March 12, 2008, I served a true and correct copy of the Motion for Continuance on Jeffery Micklo, through his counsel, Michael A. Scherer, Esq., by depositing a copy of the same in the United States mail, addressed to 19 West South Street Carlisle, PA 17013, postage prepaid. 42 Ni ole Berman Certified Legal Intern kta4w /6 Megan esmeyer 1,41- Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 71 , f V ANGELA S. MICKLO, Plaintiff V. JEFFREY S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6288 CIVIL TERM CIVIL ACTION-LAW PETITION FOR INTERIM ORDER OF COURT AND NOW, comes the father, Jeffrey S. Micklo, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The parties attended a custody conciliation in December 2007, wherein they were unable to resolve this custody case. 2. At the conciliation, the conciliator recommended that Mother have partial physical custody of the children every Saturday for several hours pending the hearing. A copy of the Order dated December 19, 2007 is attached as "Exhibit A." 3. The hearing in this case was set to occur on March 7, 2008, but it was continued by Mother's counsel, Rebecca Faulkner, of the Family Law Clinic, who was not provided with the date of the hearing by the Prothonotary. 4. The hearing is now scheduled for June 13, 2008, considerably farther away from the conciliation date than Father expected. 5. Father has found that the every Saturday schedule, which was to be temporary, has created a situation where he cannot take the children to hunting camp, hunt turkey and fish on Saturdays because Mother has the children every Saturday. 6. Father proposed to Mother that she have the children alternating weekends on Saturday afternoon and Sunday afternoon such that she not lose any time with the children, which would allow father to have every other weekend with the children to do various activities. 7. Mother refused Father's suggestion stating that it would cause her extra driving, however, Mother and Father both have Carlisle addresses. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court enter an Order, pending the hearing, which would give Mother alternating weekends on Saturday and Sunday from noon until five o'clock p.m. Respectfully submitted, Date: ?. I G O'BRIEN, BARIC & SCHERER I ?k Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/micklo/interimorder.pet VERIFICATION I verify that the statements made in the foregoing Petition For Interim Order Of Court are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. i hael A. Scherer DATED: -( - ld - j7 " ANGELO S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JEFFREY S. MICKLO, : NO. 2005-6288 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Ro?o/m No. 4 of the Cumberland County Courthouse on the day of , 200 -S atm. At this hearing, the mother shall be the moving party an shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's prior order of March 20, 2006 shall remain in effect subject to the following modifications: A. Mother shall enjoy temporary physical custody of the minor children on every Saturday from noon until 5:00 p.m. Mother shall handle transportation for exchange of custody and shall pick up the children at and deliver the children to father's residence. TRU7, C' <. "I "k In 1'03f r,. ry v ; . .,.t my hand BY THE OURT 4 Judge evin A. Hess Lit cc: Micha (SOWer; ire Scott Webber, Certifie egal Intern, Dickinson School of Law Family Law Clinic. ,ft^mlved "EXHIBIT A" 11 oh 15 NJ, Rut ;1; ANGELO S. MICKLO, Plaintiff v JEFFREY S. MICKLO, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6288 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Colton Jeffrey Charles Micklo, born February 17, 1999, and Korrd Austin Micklo, born December 31, 2001. 2. A Conciliation Conference was held on December 13, 2007, with the following individuals in attendance: The father, Jeffrey S. Micklo, who appeared without counsel. However Mr. Micklo is represented by Attorney Michael Scherer and consulted with him via telephone prior to the conference. Also present were mother, Angela S. Micklo, with her counsel, Scott Webber, Certified Legal Intern, Dickinson School of Law Family Law Clinic. 3. There is a custody order from March of 2006 giving father primary custody and mother periods of temporary custody as the parties agree. Apparently, that order was entered when mother failed to show at the custody hearing. Since that time, mother has had sporadic custody with the children. She suggests the father would not allow her to see the children. The father suggests mother's life has been in total disarray including an arrest on a drug charge in the summer of 2007and incarceration in the Cumberland County Prison for approximately six days. 4. The father is not willing to agree on any modification of the existing custody order and the father has not been responsive to the mother's request to see the children over the past few months. The father expresses concern about the gentleman the mother is living with and general supervision of the children. The mother is currently living with her boyfriend and she has an infant child living with her to her boyfriend. They also live with the boyfriend's mother. 5. The Conciliator feels that the court will need to conduct a hearing in this case because the father is unwilling to agree upon any modification of the order. However, in order to facilitate the children at least having some contact with their mother which, ultimately, will help at the litigation of the case at a hearing, the Conciliator recommends that the mother have limited contact with the children on a weekly basis pending the scheduling of a hearing. 6. The Conciliator recommends an Order in the form as attached. Date: i ubert X. Gilroy, Esqui? Custody Conciliator / CERTIFICATE OF SERVICE I hereby certify that on April 16, 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Petition For Interim Order of Court, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Rebecca Faulkner, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 c-? ``-3 - = :? a c: z ? ? . . e t'?;?; ? ..,?., .' ..., a? _. ?.?.. ?Y ..? ANGELA S. MICKLO, Plaintiff V. JEFFREY S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6288 CIVIL TERM CIVIL ACTION-LAW ORDER OF COURT AND NOW, this / 7' day of April, 2008, the hearing scheduled in the above matter for Friday, June 13, 2008 at 9:30 a.m. is hereby continued to Friday, June 13, 2008 at 1:30 p.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ? Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ? Rebecca Faulkner Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 tES LC BY THE COURT, ??. ? L? ???'yv??.,?4 ?',,; , r-Cl.. Angela S. Micklo, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Jeffrey S. Micklo, Defendant : NO. 05-6288 CIVIL TERM ANSWER TO DEFENDANT'S PETITION FOR INTERIM ORDER OF COURT AND NOW, comes Mother, Angela, S. Micklo, by and through her attorney, Rebecca Faulkner, Certified Legal Intern of the Family Law Clinic, and respectfully responds to Father's petition as follows: 1. Admit. 2. Admit. 3. Admit. By way of further answer the Cumberland County Prothonotary's Office did not notify Mother's attorney of the March 7, 2008 hearing. Mother did not have notice until receiving Father's Pre-Hearing Custody Memorandum. Mother's attorney therefore filed a Motion for Continuance. 4. Admit. 5. Mother has no knowledge of this and therefore is unable to either admit or deny this allegation. 6. Admit. 7. Admit. By way of further answer Mother alleges as follows: NEW MATTER 8. On March 19, 2008, Mother's attorney telephoned Father's attorney to discuss the custody matter. Father's attorney was unavailable, so Mother's attorney left a message. 9. On March 20, 2008, Father's attorney telephoned Mother's attorney, and left a message asking that Mother's attorney fax him a letter regarding the March 19, 2008 telephone call, as it would be difficult to get in touch with him over the telephone. 10. On March 27, 2008, Mother's attorney faxed Father's attorney a letter in which she proposed that Mother have the children every other weekend overnight, from Saturday afternoon until Sunday afternoon. Although both Mother and Father reside in Carlisle, Father's proposed arrangement would result in extra driving for Mother. Father did not make any offer to assist with the driving. 11. On March 28, 2008, Mother's attorney telephoned Father's attorney to discuss this matter, and again left a message. 12. On April 11, 2008, Mother's attorney telephoned Father's attorney, proposing that Mother, her attorney, Father, and his attorney meet to discuss and attempt to reach an agreement regarding a custody arrangement. 13. On April 15, 2008, Father's attorney telephoned and declined such a meeting. WHEREFORE, the undersigned attorney respectfully requests that this Honorable Court deny father's request for a temporary order giving Mother alternating weekends on Saturday afternoon and Sunday afternoon. If the Court does grant Father's request, the undersigned attorney respectfully requests that the Court modify the order so that Mother has the children overnight, from Saturday afternoon until Sunday afternoon, or that the Court provide for Father to assist with some of the driving. In the alternative, the undersigned requests that the Court schedule this matter for a Custody Conciliation. Respectfully Submitted, Date: ebecca Fa lkner Certified Legal Intern MEGA RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ebecca Fa 4lkner CERTIFICATE OF SERVICE I, Rebecca Faulkner, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of an Answer to Defendant's Petition for Interim Order of Court on Michael A. Scherer, Esq. of O'Brien, Baric & Scherer, at 19 West South Street, Carlisle, PA 17013, by placing a copy of the same in first class U. S. Mail, postage prepaid, this 21 s` day of April, 2008. Rebecca Faul er Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?-_, r, c-3 C .) `?"i t.c? ? _ ? --r .1 f,.? ... r_ , _ r. r` 1 [ a, _.. ?"`. ? -r? !*-> ??t -. 1 .K Angela S. Micklo, Plaintiff V. Jeffrey S. Micklo, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 05-6288 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Angela S. Micklo, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date (l i??j?2P Rebecca Fau er Certified Legal Intern MEG RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?,} ;? "fl ??= ?:. -t ? ; CCU • ?1 i M] _ ' ?"l r,.? I? ANGELO S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 05-6288 CIVIL JEFFREY S. MICKLO, Defendant IN RE: PETITION FOR INTERIM ORDER ORDER AND NOW, this Z /' day of April, 2008, a rule is issued on the plaintiff to show cause, if any, why the relief requested in the within petition for interim order ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, FILED-01 ICE r PH, -?'t=OiARY l Hr- 71, 6 APR 21 P?1 1: 07 IN 11 TV 7ld4 i/08- ?op , £s eylalLt -46. f ANGELA S. MICKLO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY S. MICKLO DEFENDANT 2005-6288 CIVIL ACTION LAW • IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 23, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 5o.1.s ??tr , -` Hi z''O JUN 1 3 2008 4 A. A ANGELO S. MICKLO, Plaintiff v JEFFREY S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2005-6288 IN CUSTODY COURT ORDER ?YWt. AND NOW, this q' day of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that father's Interim Petition for Special Relief is denied. This case will be heard and the Court will set an Order on a permanent custody arrangement after the hearing which is scheduled for June 13, 2008, at 1:30 p.m. The obligation of the parties to file pre-trial memos consistent with this Court's prior Order of December 19, 2007 remains in effect. BY THE COURT, Judgeievi . W10f, i A. Hess cc: Michael A. Scherer, Esquire /Michael Lightfoot, Certified Legal Intern, Dickinson School of Law Family Law Clinic. O .Of I?F.s mat LL 1.?s1a8 4 VINVA wmoo El 1.9 w "" Atv ? Jo ANGELO S. MICKLO, Plaintiff v JEFFREY S. MICKLO, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6288 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted another Custody Conciliation Conference to address an Interim Petition filed by the father to address the existing schedule. There is a hearing scheduled on June 13 for the Court to hear this entire case on the merits. Based upon the options presented and the discussion at the Conciliation Conference, the Conciliator is not inclined to recommend any modification to the existing Order. The Conciliator recommends an Order in the form as attached. Date: G a //-Y P"1-0 ubert X. Gilroy, quire Custody Concili or ANGELO S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 05-6288 CIVIL JEFFREY S. MICKLO, Defendant IN RE: CUSTODY ORDER AND NOW, this / 9 , day of June, 2008, after hearing, it is ordered and directed that primary legal and physical custody of the children, Colton Jeffrey Charles Micklo, born February 17, 1999, and Korrd Austin Micklo, born December 31, 2001, is awarded to their father, Jeffrey S. Micklo, subject to the following terms and conditions: 1. Commencing June 21, 2008, the mother shall have custody of said children from Saturday at 10:00 a.m. until Sunday at 5:00 p.m. on alternating weekends. 2. Each party shall be entitled to one week of uninterrupted custody during the summer during that parent's vacation from work provided that, where practicable, each party shall give the other sixty days' notice thereof. Notwithstanding, the father shall exercise his period of vacation custody in August 2008 as scheduled. 3. The parties shall alternate major holidays as they shall agree and, if they cannot agree, from 9:00 a.m. until 5:00 p.m. on Labor Day, Thanksgiving, New Year's Day, Memorial Day, and July 4th, commencing with the mother on Labor Day of 2008. The parties will alternate the period from noon on Christmas Eve to noon on Christmas Day as period A, and noon on Christmas Day to noon on December 26`h as period B, with period A, being in even-numbered years, in the mother. 4. Both parents shall observe the sporting and other activity schedules of the children and assure that they arrive at those activities on time and properly secured when traveling in an automobile. The parties shall refrain from the use of controlled substances and the excessive use of alcohol in the presence of the children. 5. The parties shall allow liberal telephone contact with the children and provide a home telephone number which does not entail a long distance call. Not earlier than six months from the date of this order, the mother is authorized to file a rule to show cause why her partial custody should not be increased to include Fridays. In the event that the father responds to the rule, he will bear the burden of proof at a subsequent hearing to show cause why mother's custody ought not to be extended to Fridays. BY THE COURT, V /Michael Lightfoot Certified Legal Intern Family Law Clinic For the Plaintiff Z, Michael Scherer, Esquire For the Defendant Am n 0a E.s m? l J ??l 4?of3 -7yn FiU6_ =,u OF THE' 2008 JUN 19 Pii 3: 11 ANGELA S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-6288 CIVIL TERM JEFFREY S. MICKLO, CIVIL ACTION-LAW Defendant PETITION TO MODIFY CUSTODY 1. The Petitioner is Jeffrey S. Micklo, (hereinafter referred to as "Father"), who is an adult individual residing at 129 Channel Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Respondent is Angela S. Micklo, (hereinafter referred to as "Mother"), who is an adult individual residing at 128 Church Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of Colton J.C. Micklo, born February 17, 1999, age 9 and Korrd A. Micklo, born December 31, 2001, age 7 (hereinafter referred to as "Children"). 4. The parties are governed by an Order of Court dated June 19, 2008, attached hereto as "Exhibit A", relative to the custody of the child. 5. Father raised concerns about mother's live-in-boyfriend, James Felts, at the last hearing held in this matter on June 13, 2008. Since that time, Mr. Felts has: a. been arrested by the Carlisle Police for an incident where he was caught driving around Carlisle in possession of a large knife threatening to stab people; b. threatened, in the presence of the children, to cut mother's head off; c. told the children that if their father wants to fight to send him over. d. makes negative comments towards the children and towards mother in front of the children. 6. The children have repeatedly voiced concerns to father about mother's boyfriend's behavior towards them and their mother. 7. At the most recent hearing, father explained his concern about mother neglecting to pick the children up on time or sometimes at all. Since the hearing, father has learned that: a. Mother does not have a driver's license and committed perjury at the custody hearing when she affirmatively answered undersigned counsel's direct question as to whether she was licensed; b. did not pick the children up or call them on her scheduled weekend over the Labor Day holiday weekend; c. Mother neglected to pick up or contact the children on her September 13, 2008 weekend, when father questioned mother about this matters, she informed him that she did not have a valid drivers license, which had never deterred mother from driving illegally in the past. 7. Because of his concerns about the children's safety, father purchased Colton cell phone minutes for an emergency. Mother used all of Colton's cell phone minutes for herself. 8. Mother has stayed away from her own residence and stayed with her brother for extended periods, where the children have been made to sleep on the floor. 9. Father does not feel that the children are in a good environment when under mother's care. WHEREFORE, father requests that this Honorable Court suspend mother's periods of partial physical custody and direct that she be awarded visitation of the children on alternating weekends on Saturday afternoons and that the children not be exposed to James Felts. Date: /0- 3. D n Respectfully submitted, O'BRIEN, BARIC & SCHERER Ao? Michael A. cherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.d it/domestic/micklo/mod ify.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: ?p Jeffrey S. Micklo ANGELA S. MICKLO, Plaintiff V. JEFFREY S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6288 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that on the S.l day of _ Z , 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael Lightfoot, Certifield Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 ndrea MM.B rrick, Secretary r ANGELO S. MICKLO, Plaintiff vs. JEFFREY S. MICKLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6288 CIVIL IN RE: CUSTODY ORDER AND NOW,, this / 1 + day of June, 2008, after hearing, it is ordered and directed that primary legal and physical custody of the children, Colton Jeffrey Charles Micklo, born February 17, 1999, and Korrd Austin Micklo, born December 31, 2001, is awarded to their father, Jeffrey S. Micklo, subject to the following terms and conditions: 1. Commencing June 21, 2008, the mother shall have custody of said children from Saturday at 10:00 a.m. until Sunday at 5:00 p.m. on alternating weekends. 2. Each party shall be entitled to one week of uninterrupted custody during the summer during that parent's vacation from work provided that, where practicable, each party shall give the other sixty days' notice thereof. Notwithstanding, the father shall exercise his period of vacation custody in August 2008 as scheduled. 3. The parties shall alternate major holidays as they shall agree and, if they cannot agree, from 9:00 a.m. until 5:00 p.m. on Labor Day, Thanksgiving, New Year's Day, Memorial Day, and July 4`h, commencing with the mother on Labor Day of 2008. The parties will alternate the period from noon on Christmas Eve to noon on Christmas Day as period A, and noon on "Exhibit A-' M*, Christmas Day to noon on December 26'x' as period B, with period A, being in even-numbered years, in the mother. 4. Both parents shall observe the sporting and other activity schedules of the children and assure that they arrive at those activities on time and properly secured when traveling in an automobile. The parties shall refrain from the use of controlled substances and the excessive use of alcohol in the presence of the children. 5. The parties shall allow liberal telephone contact with the children and provide a home telephone number which does not entail a long distance call. Not earlier than six months from the date of this order, the mother is authorized to file a rule to show cause why her partial custody should not be increased to include Fridays. In the event that the father responds to the rule, he will bear the burden of proof at a subsequent hearing to show cause why mother's custody ought not to be extended to Fridays. BY THE COURT, Michael Lightfoot Certified Legal Intern Family Law Clinic For the Plaintiff Michael Scherer, Esquire For the Defendant Arn I'RUE COPY FROM RECORD to T ,:+-;,r1Y whered, ! Um unto st my nand and t#U of said at Carlisie. r daw, %W"M iC3 = '?y - ? ?_ ? C <W'3 . ?' " ?..y ? , 1`•'1? ? P"- I` ?' 42 r ?`?; C '`? G. J ? - '? ? ,. -?' ? ? `? .? _ , ? ? ?a IF - ANGELA S. MICKLO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY S. MICKLO DEFENDANT 2005-6288 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, October 10, 2008 , upon consideration of the attached Complaint, it is hereby.directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 20, 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/ Hubert X. Gilroy, Esq., ,,,,`-J 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 *rvw t £ : t wd £ 1 130 80OZ /- ®/ .Aa Fi cal A8VIQNOi-UUW 341 ?O D44MU NOV 2 0 2008 ANGELO S. MICKLO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JEFFREY S. MICKLO, NO. 2005-6288 Defendant IN CUSTODY Prior Judge: Kevin A. Hess COURT ORDER AND NOW, this day of November, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy Esquire Custody Conci ator A N 'F k', ?s A r 7 C? y, ANGELA MICKLO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY JEFFREY MICKLO, Defendant : NO. 05-6288 CIVIL TERM CUSTODY AGREEMENT Decexnbe? THIS AGREEMENT, made this ) 9k day of?hl? 2008, between Angela Micklo, hereinafter Mother, and Jeffrey Micklo, hereinafter Father, concerns the custody of their children: Colton Micklo, born February 17, 1999 and Korrd Micklo, born December 31, 2001. Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as follows: a. Mother shall have custody on alternating weekends on Saturday from 12:00 p.m. until 7:00 p.m. and Sunday from 12:00 p.m. until 7:00 p.m. b. Mother's weekends shall begin on Saturday, November 22, 2008. 4. Mother and Father will agree upon drop off and pick up times and locations. 5. Each party will be entitled to one week of uninterrupted custody during the summer during that parent's vacation from work, provided that, where practicable, each party shall give the other party sixty days' notice thereof. W 6. The parties shall alternate major holidays as they mutually agree. If they are unable to agree, from 9:00 a.m. until 5:00 p.m. on Thanksgiving, New Year's Day, Memorial Day, July 4 h, and Labor Day, commencing with Mother on Thanksgiving of 2008. The parties will alternate the period from noon on Christmas Eve to noon on Christmas Day ("Period A"), and noon on Christmas Day to noon on December 26th ("Period B"), with Mother exercising Period A in even-numbered years, commencing with 2008. 7. Both parents shall observe the sporting and other activity schedules of the children, and assure that the children arrive at those activities on time. Both parents will ensure that the children are properly secured when traveling in an automobile. 8. The parties shall refrain from the use of controlled substances and the excessive use of alcohol in the presence of the children. 9. The parties shall allow liberal telephone contact between the children and the non-custodial parent and provide a home telephone number that does not entail a long distance telephone call. 10. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies that arise while the children are in that parent's care. 11. Neither parent will do anything that may estrange the children from the other parent, or injure the opinion of the children as to the other parent, or that may hamper the free and natural development of the children's love and respect for the other parent. 12. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. L Angela icklo, P am iff Rebecca Fa kner Certified Legal Intern Counsel for Plaintiff .? U1A -A V/1 GA14.I1 Ai s. MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 Jeffrey is lo, Defendant O'BRIEN, BARIC & SCHERER AAA1 L / M cheal A. Sc erer, Esquire Counsel for Defendant 19 West South Street Carlisle, PA 17013 (717) 249-6873 Fax(717)249-5755 ? Rte' : cp . a 0 r% 1, 17 2067 Angela Micklo, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05-6288 CIVIL TERM Jeffrey Micklo, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /8 ` day of ac? , 2008 upon consideration of the attached Custody Agreement, it is hereby ordered that: 1. Mother and Father shall share legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as follows: a. Mother shall have custody on alternating weekends on Saturday from 12:00 p.m. until 7:00 p.m. and Sunday from 12:00 p.m. until 7:00 p.m. b. Mother's weekends shall begin on Saturday, November 22, 2008. 4. Mother and Father will agree upon drop off and pick up times and locations. 5. Each party will be entitled to one week of uninterrupted custody during the summer during that parent's vacation from work, provided that, where practicable, each party shall give the other party sixty days' notice thereof. 6. The parties shall alternate major holidays as they mutually agree. If they are unable to agree, from 9:00 a.m. until 5:00 p.m. on Thanksgiving, New Year's Day, Memorial Day, July 4th, and Labor Day, commencing with Mother on Thanksgiving of 2008. The parties will alternate the period from noon on Christmas Eve to noon on Christmas Day ("Period A"), and noon on Christmas Day to noon on December 26th ("Period B"), with Mother exercising Period A in even-numbered years, commencing with 2008. 7. Both parents shall observe the sporting and other activity schedules of the children, and assure that the children arrive at those activities on time. Both parents will ensure that the children are properly secured when traveling in an automobile. 8. The parties shall refrain from the use of controlled substances and the excessive use of alcohol in the presence of the children. 9. The parties shall allow liberal telephone contact between the children and the non- custodial parent and provide a home telephone number that does not entail a long distance telephone call. 10. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies that arise while the children are in that parent's care. 11. Neither parent will do anything that may estrange the children from the other parent, or injure the opinion of the children as to the other parent, or that may hamper the free and natural development of the children's love and respect for the other parent. BY THE COURT: 6 Z :8 W 'V 61 330 0001