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HomeMy WebLinkAbout02-1303Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, Plaintiff V. PATRICIA E. CANTOR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE/CUSTODY NO. 0,4-1305 YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY PATRICIA E. CANTOR, Defendant : NO. 0,9-1303 COMPLAINT IN DIVORCE 1. Plaintiff is Richard J. Cantor, an adult individual residing at 1115 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Patricia E. Cantor, an adult individual residing at 527 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on May 9, 1987 in Rochester, New York. 5. There are three (3) minor children born of this marriage being Eric B. Cantor (born September 25, 1990); Drew M. Cantor (born July 10, 1993); and Cole J. Cantor (born October 6, 1998. 6. The parties separated on October 31, 2001. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with § 3301 of the Pennsylvania Divorce Code. 2 12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to him so as to make his life burdensome and his condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with the Pennsylvania Divorce Code. 14. The averments in paragraphs 1 through 13 of Plaintiff's Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance 3 with Section 401(d) of the Pennsylvania Divorce Code. 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 17. Plaintiff seeks shared legal and shared physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Eric B. Cantor 527 Mooreland Avenue 9/25/1990 Carlisle, PA 17013 Drew M. Cantor 527 Mooreland Avenue 7/10/1993 Carlisle, PA 17013 Cole I Cantor 527 Mooreland Avenue 10/06/1998 Carlisle, PA 17013 18. The children are presently in the custody of Mother who currently resides at 527 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 19. During the past five years the children have resided with the following persons at the following addresses: 4 2/23/1997 to 1115 Sherwood Drive 2/23/2002 Carlisle, PA 17013 2/23/2002 to 527 Mooreland Avenue Present Carlisle, PA 17013 NAMES OF PERSONS IN HOUSEHOLD Mother and Father Mother The parties are presently married but separated. Mother physically left the marital residence on February 23, 2002. 20. The Mother of the children is Patricia E. Cantor, currently residing at 527 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 21. The Father of the children is Richard J. Cantor, currently residing at 1115 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 22. The relationship of the Plaintiff to that of the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Richard J. Cantor Self 23. The relationship of the Defendant to the children is Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Patricia E. Cantor Self 5 Eric B. Cantor Child Drew M. Cantor Child Cole J. Cantor Child 24. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 25. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 26. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 27. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has always been involved in the children's lives as an active caregiver and a source of stability. He has remained in the marital home with which the children are familiar and comfortable. He can provide a stable, loving environment for his children. He is living in close geographic proximity which would allow an easy exchange between the houses. Mother has been erratic in her behaviors and shows lack of prudent judgment, the effects of which will be mitigated by frequent and regular exchanges of the children between the houses. 28. 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. 6 WHEREFORE, the Plaintiff requests the Court to grant shared legal and shared physical custody of the children to the Plaintiff. WHEREFORE, Plaintiff, Richard J. Cantor, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding Plaintiff shared legal custody and shared physical custody of the parties' children; and D. Awarding other relief as the Court deems just and reasonable. DATE: March )XI 2002 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 7 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA E. CANTOR, Defendant CIVIL ACTION - DIVORCE/CUSTODY NO. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Date - Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY PATRICIA E. CANTOR, Defendant NO. I, RICHARD J. CANTOR, hereby certify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. tt S ?? , 2002 Dated: 0 91 0 cn e 1 ?/ `CJ C:.i ? r7 r 1?j -7 \ 1 ?V "C RICHARD J. CANTOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-1303 CIVIL ACTION LAW PATRICIA E. CANTOR DEFENDANT IN CUSTODY O R OF COURT AND NOW, Monday March 25 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday Esq the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Wednesday May 01 2002 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/ Dawn un?1?v,?zq_ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 e* - <°o-,Qf-C zo Sz° F zlo•Jr- E e?nivm?sNn??a RICHARD J. CANTOR, Plaintiff V. PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE/CUSTODY NO. 02-1303 I, Samuel L. Andes, Esquire, Esquire, hereby accept service and acknowledge receipt of the above-captioned Complaint for Divorce on behalf of my client, Patricia E. Cantor, having received said Complaint on the day of March, 2002. I hereby indicate I am authorized by my client to accept service on her behalf. Dated: 26a Z).,./ 2DO Z S . Andes, ire 525 North Twelfth Street Lemoyne, PA 17043 Telephone (717) 761-5361 Attorney for Defendant C-) 4M -oM z CO J ? C> ?O o Q Zm o I PATRICIA M. CANTOR, PLAINTIFF VS. RICHARD J. CANTOR, DEFENDANT STIPULATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02_1303 IN CUSTODY AND NOW come the above-named parties, with their attorneys, and stipulate and agree as follows: 1. LEGAL CUSTODY. The parties, Patricia M. Cantor (hereinafter "Mother"), and Richard J. Cantor (hereinafter "Father"), shall share legal custody of their three minor children, Eric B. Cantor, born September 25, 1990, Drew M. Cantor, born July 10, 1993, and Cole J. Cantor, born October 16, 1998. Both parties will cooperate with the other and with all schools, physicians, health care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the children. In the event, however, that either party is not immediately available in the event of an emergency, and a decision must be made regarding the care of the children because of such emergency, the parent present with the child shall be authorized to make a decision for the best interest and care of the child or children so affected and shall p romptly notify the other parent of the situation and of the decision made. 2. PHYSICAL CUSTODY. A. Father shall have custody hildren on the following schedule: j'jPf0#r4 a. Every week, from p.m. Tuesday until Wednesday morning at 8:00 a.m. when the children shall return to Mother or delivered to school; and Page 1 of 4 b. Every week from 6:00 p.m. on Thursday until 6:00 p.m. on Friday; and c. Every other weekend, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. Mother shall have physical custody of the children all other times. 4. VACATION. Each of the parents shall have three weeks of vacation time per calendar, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of 7 days each, which shall not be consecutive, and shall include the parent's weekend time with the children. The parties agree that the children shall not be removed from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the children for such vacations during the school year every other year. The parents shall provide notice to each other by April 1' of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March 1 St of each year, shall provide the other parent thirty (30) days' advance notice. The notice shall be in writing. 5. THANKSGIVING AND CHRISTMAS VACATIONS. The parties will divide equally the children's vacation from school for the Thanksgiving and Christmas holidays (and the parties agree that, for purposes of this paragraph, the Christmas holiday vacation shall end at 6:00 p.m. on 30 December). For the Thanksgiving and Christmas holidays in the year 2002, the parties agree upon the following schedule: A. Father shall have all three children for the entire Thanksgiving vacation; and B. Mother shall have all three children from 8:00 a.m. on December 23rd until 6:00 p.m. on December 26th; and C. The parties shall divide the remaining time of the Christmas vacation so that each of them has an equal number of days and nights from both the Thanksgiving and Christmas vacations (assuming that the Christmas vacation ends at 6:00 p.m. on December 301h) Page 2 of 4 For future years, the parties shall attempt to negotiate a schedule to equally divide these holiday vacations. In doing so, the parties will negotiate a schedule to afford Mother th right and opportunity to travel with the children to her family's home over Christmas 6. SPRING VACATION. The parties shall share equally custody of the children during their school spring vacation each year. In eve-numbered years, Mother shall have the first portion of the vacation and Father the second portion; in odd-numbered years, Father shall have the first portion of the vacation and Mother the second portion. The vacation period shall commence at 6:00 p.m. on the last day of school before the vacation and end at 6:00 p.m. the last day before school resumes after the vacation. 7. HOLIDAYS. The parties shall share custody of the children, on an alternating basis, on the following holidays: A. From 6:00 p.m. on December 31' until noon on New Year's Day; B. From noon on New Year's Day until 6:00 p.m. on New Year's Day; C. Memorial Day, from 9:00 a.m. until 6:00 p.m.; D. Independence Day (July 4`h) from 9:00 a.m. until 6:00 p.m.; E. Labor Day from 9:00 a.m. until 6:00 p.m. The holiday provisions of this schedule shall prevail over the regular schedule of custody. Neither party shall schedule vacation weeks over the Thanksgiving, Christmas, or Spring vacation periods without the prior consent of the other party. The alternating holidays will commence with Mother having the Memorial Day holiday in calendar year 2002 and shall alternate thereafter. 8. RELOCATION. Neither party shall relocate with the children outside of Central Pennsylvania without giving the other party at least sixty (60) days' advance notice of such relocation and filing a Petition with this court for modification of this Order. 9. ALCOHOL. Neither party shall consume alcohol to excess in the presence of the children. Neither party shall operate a motor vehicle with the children in that vehicle after drinking too excess or while intoxicated. 10. SUPPORT ADJUSTMENT. There shall be no adjustment of the child support under the Pennsylvania Support Guidelines based upon the above schedule. Any support 41 a, n order entered while this schedule is in effect shall be entered on the basis that Mother has the children with her more than sixty (60%) percent of the overnights each calendar year. 11. ENTRY OF ORDER. The parties agree that this Stipulation may be entered as an Order of Court. 0?, a&h,/ Patricia M. Cantor k rlooam S IL.An Attorney for Patricia M. Cantor Richdrd;,J Barbara Sumple Sullivan - Attorney for Richard J. Cantor Page 4 of 4 >- ?;> r C7l ? L - _ 7 , ? ? ? ) i_.._ ?) i I._ L....--_ ? __ __ L- - i:?? ?;; J MApY' 0 .$ 7002 RICHARD J. CANTOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE/CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 AND NOW, this day of -929-1 2002, upon receipt of the attached Stipulation, it is hereby ordered that said Stipulation is adopted as an Order of Court. .I VIN'Vi%SNN3d AIN(107 !1r,MN3FjMrjo cU :$ Hd 6- Avw ZO Af?blOiVG ;; . ?! 30 3? 3?D-031U MAY 13 2002 b RICHARD J. CANTOR, Plaintiff VS. KENNETH D. WARDLE, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1303 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 30TH day of April, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of parties, hereby relinquishes jurisdiction. The Conciliation Conference scheduled for May 1, 2002 is canceled. FOR THE COURT, L6:???u Dawn S. Sunday, Esquire Custody Conciliator C N C m > ? ?L rp ? C7 m i MAY 2 0 2002 J) RICHARD J. CANTOR, Plaintiff vs. PATRICIA E. CANTOR, Defendant AND NOW, this 30TH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1303 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT day of April, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Conciliation Conference scheduled for May 1, 2002 is canceled. FOR THE COURT, 6 r4- ? ? 49 Dawn S. Sunday, Esquire Custody Conciliator /X ;?'ror' iti C Q /?,`e`?sf/ c? o 0 C rv - ,, . ~ "'Is- lF 'fin ` r oo RICHARD J. CANTOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA E. CANTOR DEFENDANT 02-1303 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 26, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 01, 2005 at 11:30 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/ Dawn S. Sunday Fssq. 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 £5 :z !?!d 9?,Pei' STE , I I" I I-...? , -:;i WSJ j,ugi?;;",??? ?c,d G Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR ADMISSIONS Denied. The parties did not separate until on or about October 31, 2001. Plaintiff was advised that Defendant did not desire to be married on Halloween when she said to Plaintiff, get a lawyer, I have one. 2. Denied. Cohabitation ceased upon Defendant's relocation from the marital residence on or about February 23, 2002. Respectfully DATE: .22 Q? Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE/CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of Plaintiff's Response to Defendant's Request for Admissions, in the above- captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Date: 4 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff Peb-15, 2006 3:12PM Na•8848 P. 3 RICHARD 1. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Y. CIVIL ACTION - DIVORCE/CUSTODY PATRICIA E. CANTOR, . Defendant : NO. 02-1303 VERIFICATION I, RICHARD J. CANTOR, hereby certify that the facts set forth in the foregoing Response to Defendant's Request for Admissions are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: (J- qS RICHARD S. CANTOR, Plaintiff VS. PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PENNS LVANIA NO. 02 - 1303 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 3 ^? day of k , 2005, the economic claims raised in the proceedings h ing been resolved in accordance with a property settlement agr ment dated March 17, 2005, the appointment of the Master i vacated and counsel can file a praecipe transmitting the reco to the Court requesting a final decree in divorce. BY THE COURT, Geor e H P. . cc: ?i$arbara Sumple-Sullivan Attorney for Plaintiff Samuel L. Andes Attorney for Defendant 7?17?'?t31?1 fy?.?/1 {UU{,??. CC ffyy11''77 V V ?` ?? llV ?Y? JaVV 10 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ? day of by and between: RICHARD J. CANTOR of 1115 Sherwood Drive in Carlisle, Pennsylvania, hereinafter referred to as "Husband" and PATRICIA M. CANTOR of 527 Mooreland Avenue in Carlisle, Cu Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been mar 1987 and are the natural parents of three minor children: Eric B. Cantor, born 1990, Drew M. Cantor, born 10 July 1993, and Cole J. Cantor, born 16 Octobe (hereinafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto v made them desirous of living separate and apart from one another and Husbai an action in divorce filed to No. 02-1303 before the Court of Common Pleas of County, Pennsylvania; 2005, is County, County, don9May i September 1998 ,h have has initiated d WHEREAS, the parties hereto, Wife being represented by Samuel L. An es, Esquire, and Husband by Barbara Sumple-Sullivan, Esquire, have each exchanged full nd complete information as to the property, assets, and liabilities owned and owed by each d have disclosed to each other and to their respective attorneys full information as to th financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement or the division of their assets, the provision for their children and for their rights and responsibil ies in and toward such children, the provision for the liabilities they owe, and provision for e resolution of their mutual differences, after both parties have had full and ample opportuni to consult with their respective attorneys, and the parties now wish to have that agreemen reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above re tnd tals, the mutually made and to be kept promises set forth hereinafter, and for other valuable Page 1 of 14 considerations, and intending to be legally bound and to legally bind their he assigns, and personal representatives, do hereby covenant, promise, and ac 1. CHILD CUSTODY. Husband and Wife are parties to an action for before the Court of Common Pleas of Cumberland County, Pennsylvania, to are currently subject to an order entered in that action dated 9 May 2002. Tt acknowledge that this agreement makes no disposition of their claims to cus children and the parties agree to resolve custody matters in that pending cus each of the parties hereby reserves onto themselves all claims, rights, defen. remedies relating to the custody of their children. 2. CHILD SUPPORT. The parties acknowledge that they are currently successors, as follows: Id custody filed . 02-1303 and of their minor action and and rties to a support action filed to No. 148 SA 2002 (PACSES # 566104270) before the C urtof Common Pleas of Cumberland County, Pennsylvania, and that they are subject to an or r entered in that matter dated 10 September 2002 which obligates Husband, inter alia top child support to Wife in the amount of $3,000.00 per month. The parties agree that the provi ions of that order relating to child support, including the provision of medical insurance and he payment of unreimbursed medical expenses, shall remain in full force and effect, unaffecte in any way by this Agreement. Further, the parties agree that neither of them shall make any ttempt to modify that order prior to September 2005 and that the order shall not be modif d, by the parties or by the court, prior to September of 2005, without the written consent f both parties. 3. ALIMONY AND ALIMONY PENDENTE LITE. The parties acknowle ge that Husband is currently obligated to pay alimony pendente lite to Wife, pursuant t the order entered to No. 148 S 2002 (PACSES # 566104270) before the Court of Comm Pleas of Cumberland County. With regard to that order and that payment, the parties a ee as follows: A. Husband shall pay Wife, as alimony pendente lite prior to the try of a final decree in divorce and as alimony after the entry of the final decree i divorce, the sum of $3,000.00 during the month of March 2005 and the s m of $2,000.00 per month for five (5) consecutive months thereafter (commen ing 1 April 2005 and ending 31 August 2005). The payments shall continue to e made through the Domestic Relations Office and Husband shall pay, in f I, any Page 2 of 14 and all arrearages which may accrue under the order no later than 31 2005. B. Until such time as the final decree in divorce is entered, Husb nd shall maintain Wife's medical insurance coverage as it is in effect pursuant to he terms of the alimony pendente lite order described above. Further, until he entry of a final decree in divorce, fie shall be subject to the provisions of the a mony pendente lite order relating to the payment of unreimbursed medical ex nses. Wife agrees that she shall not voluntarily incur any medical expenses fo which Husband would have any financial responsibility between the date of thi Agreement and the final decree in divorce. Husband has represented to Wife that COBRA benefits are not available to her through the medical insura ce plan provided for his company. Accordingly, upon the entry of the final decre in divorce, Husband shall have no further obligation to provide medical ins rance for Wife or to pay any portion of her unreimbursed medical expenses. C. After 31 August 2005, on the condition that Husband has mad the cash payments provided in Sub-Paragraph A, including all arrearages, t alimony and alimony pendente lite shall terminate and neither party shal have any obligation to pay alimony, alimony pendente lite, or spousal support the other party and the provisions waiving such claims, as set forth herein be w, shall take full force and effect. D. Neither the amount nor the term of alimony or alimony penden lite set forth in this Paragraph shall be subject to modification by the court or tny other agency. The payments made by Husband to Wife pursuant to this Paragraph will be trea d by both parties as alimony for income tax purposes, with Husband being entitled to ded It the payments from his income and with Wife reporting those payments as income o her tax return. 4. CHILDREN'S INVESTMENT ACCOUNTS. The parties acknowledge at they hold for the children various investment accounts which are listed and described on S hedule A which is attached hereto. With regard to those accounts, the parties agree as fo ows: Page 3 of 14 A. Both parties acknowledge that all of the funds and assets will- those accounts belong to the children and shall only be spent, distributed, or a plied for the benefit of the children. To the extent they can lawfully do so, the aren will attempt to apply the funds and assets within all of the accounts, for t e benefit of all of the children, without regard to the specific balance in an one child's account, it being the intention of the parties to apply the funds in ese accounts equally for the benefit of all of their children. B. Each parent listed as a custodian or owner of any of the acco is listed on Schedule A shall use reasonable and prudent judgment in man ging the investments for the children and shall provide to the other parent, at I ast annually, copies of statements showing the balance in those accounts. C. Neither parent shall make any expenditures, disburse7ents, o -?. ?e -1' applications from any of the accounts without prior consultation witt?e her party or, if the child affected is eighteen (18) years or older, with the child as well. All such disbursements shall be only for the benefit of the children, speci ally including their educational purposes. The parties agree that they shall cooperate to implement the terms and provisio s of this Paragraph with regard to the accounts held for the children. 5. RESIDENCE. Wife covenants and agrees to convey to Husband, as is sole and separate property, the real estate presently owned by the parties hereto as tena is by the entireties and being known as 1115 Sherwood Drive in Carlisle, Cumberland Co nty, Pennsylvania, subject, however, to all liens, encumbrances, easements, and re rictions presently existing thereon. In furtherance of this Agreement, Wife represents tha she has, as of the date of this Agreement, executed, acknowledged, and delivered to her att rney, a deed to said real estate, conveying the same as above described to Husband, and ag es that said deed shall be held in escrow by her attorney pending the filing by both parties of he consents and other documents necessary to conclude the divorce action between the part s, at which time Wife's attorney shall, without further direction or authorization from Wife, de l er the said deed to Husband's attorney or such other person as Husband may designate, s that the deed can be recorded at or shortly before the time of entry of a final decree in divorce. Page 4 of 14 6. DEBT AGAINST RESIDENCE. The parties acknowledge that the ti to the residence at 1115 Sherwood Drive in Carlisle, Cumberland County, Pennsylva ia, is encumbered by a first mortgage owed to the Bank of America and a second m rtgage owed to Mellon Bank and that both Husband and Wife are currently liable on those deb . Husband shall, within one hundred and twenty (120) days of the date of this Agreement, efinance those obligations or take whatever other action is necessary to obtain Wife's uncondi onal and absolute release from liability on them and shall provide written verification tha he has done so to Wife and her attorney. In the event that Husband is not able to secure fin ncing or such other steps as are necessary to secure Wife's unconditional release from those debts, Husband shall promptly sell the residence and apply the proceeds to pay and s tisfy, in full, those obligations to obtain Wife's release. Either party shall have the right top tition the Court of Common Pleas of Cumberland County, one hundred and fifty (150) days aft the date of this Agreement or at any time thereafter, to compel the sale of the residence a the satisfaction of these obligations if Husband has not, by that time, satisfied the o ligations or otherwise obtained Wife's unconditional release. 7. COMMERCIAL OFFICE BUILDING. The parties acknowledge that y are the joint owners of a commercial office building at 3 Tyler Court in Carlisle, South dleton Township, Cumberland County, Pennsylvania, which property is encumbered J a mortgage owed to Commerce Bank. Wife shall convey to Husband, to be his sole and s rate property, the said commercial office building subject, however, to all liens, enc bran ces, easeme nts, and restrictions presently existing thereon. Husband shall prepa deed to the property and submit it to Wife's attorney within thirty (30) days of the date of th Agreement and Wife shall execute, acknowledge, and return the deed to Husband's days thereafter, to be delivered at the settlement required by Paragraph 8 herei Husband represents that he has paid all debts, expenses, and obligations arisir ownership or his occupancy of the building since the parties' separation in Octo and Husband agrees that he shall indemnify and save harmless Wife from any expense caused to her by his failure to pay such obligations from the date of se the future. Further, Wife waives any claim she may have to rental payments or received by Husband for the office building after the date of the parties' separat Page 5 of 14 thirty (30) below. out of the r of 2001 s, cost, or iration into income 8. DEBT AGAINST OFFICE BUILDING. Husband shall, within one hui twenty (120) days of the date of this Agreement, refinance the debt or debts wl and encumber the commercial office building at 3 Tyler Court, or take such other action as m be necessary to obtain Wife's unconditional and absolute release from such obligation ands all provide proof to Wife and her attorney that he has done so. In the event that Husband s not able to secure financing or such other steps as are necessary to secure Wife's release from those; debts, Husband shall promptly sell the office building and apply the roceeds to pay and satisfy, in full, those obligations to obtain Wife's release. Either party all have the right to petition the Court of Common Pleas of Cumberland County, one hundr and fifty (150) days after the date of this Agreement or at any time thereafter, to compel he sale of the office building and the satisfaction of these obligations if Husband has not, by tt satisfied the obligations or otherwise obtained Wife's unconditional release. 9. CANTOR & ZEIGLER ORTHODONTICS. LTD. The parties acknowl Husband is the owner, entirely or in substantial part, of a professional corporate( Cantor & Zeigler Orthodontists, Ltd. In consideration for the other provisions of Agreement and the other assets transferred to her, Wife does hereby waive, rel relinquish any interest in or claim against Husband's ownership interest in said exchange therefore, Husband shall be responsible to pay and satisfy, in accord terms, all debts, expenses, and obligations arising out of his ownership or open corporation at any time in the past and in the future, and Husband agrees that t time, ge that known as nis ase, and Drporation. In nce with their ion of that shall indemnify and save Wife harmless from any loss, cost, or expense caused to he{? by his failure to pay such items. II 10. CORPORATE RETIREMENT ACCOUNT. The parties Husband is a participant in the Cantor and Team Orthodontics Profit Sharing PI the corporation made deposits or contributions throughout the parties' marriage their separation. The parties agree that they shall divide and distribute Husban within the said Plan as follows: A. Husband shall cause the administrators of the Plan to transfer Individual Retirement Account or other tax-deferred account designated as a tax-free rollover completed pursuant to a Qualified Domestic Relatic that , into which nd following account an Wife, Page 6 of 14 Order, assets having a value as of 28 February 2005, of $485,000.00, i lt ,eased or decreased by the investment results on those assets, within the Plan, , ft ter 28 February 2005 and until the date the transfer is complete. B. The transfer to Wife will be accomplished by a Qualified Dom tic Relations Order which shall be obtained by Husband and at Husband's pense so that there is no income tax imposed upon Husband or Wife, or Husba d's corporation, as a result of the transfer. Both parties shall cooperate to o tain and implement that Order. C. After the transfer to Wife's account in accordance with this Pa graph, Husband shall be the sole owner of the balance within his account within the said Plan and each party shall, thereafter, hold their portions of the Plan, distributed or divided in accordance with this Paragraph, free of any furt r claim by the other. 11. INDIVIDUAL RETIREMENT ACCOUNTS. The parties acknowledg that Wife holds an Individual retirement account with Legg Mason and an Individual Retir ment Account with Fidelity Investments and that Husband holds and Individual Retirement Ac unt with Legg Mason and an Individual Retirement Account with Fidelity Investments. Each o the parties shall retain the Individual Retirement Accounts currently held in their name with hese institutions and each of the parties does hereby waive, release, and relinquish y claim to or interest in the Individual Retirement Accounts now held in the name of the othe 12. JOINT INVESTMENT ACCOUNT. The parties acknowledge that th y hold, in their joint names, an investment account with FMA Advisory, Inc., which had a value, including all of its assets, on 23 February 2005, of $196,069.00. The parties agree that they hall divide and distribute that account as follows: A. The first $170,000.00 in the account shall be distributed to Wif to be her sole and separate property after the date of such transfer. B. The next $26,000.00 in the account shall be distributed to Hus nd to be his sole and separate property after the date of such transfer. Page 7 of 14 C. Any balance remaining in the account after the transfers madl in accordance with Subparagraphs A and B hereof shall be distributed so receives 56% of that value and Husband receives 44% of that value. The parties shall accomplish the distribution and division of the account as possible after the date of this Agreement and both of them agree that a ph, Wife ptly as )v of this Agreement shall be sufficient authorization from each of them to FMA AdvisoryInc. to immediately distribute the account. The parties shall effect the division and dis ibution of this account, to the fullest extent possible, by dividing the investments and other a account in kind to avoid the liquidation of assets which may be create income the other parties. In the event, however, that the distribution required by this requires liquidation of any assets and that liquidation results in any taxable inc shall share, and report that income equally and each of them will pay one half tax imposed upon such income. After the division and distribution of the acco accordance with this Paragraph, the joint account held by the parties shall be shall be no further activity within that joint account. 13. PRIOR ADVANCES. The parties acknowledge that, following their prior to the date of this Agreement, they voluntarily distributed and divided vario their investment accounts, primarily from the joint account at FMA Advisory, Inc.. including the proceeds of the sale of two building lots owned by them at the tim Each of the parties hereby waives and releases any claims to the cash advance made to the other party and each of the parties shall retain those cash advance assets acquired with them, as their sole and separate property, free of any furth other. 14. MOTOR VEHICLES. During the marriage, the parties operated two ;ts within the : liability for ragraph ie, the parties the income in sed and there and s funds from but also of separation. previously and the r claim by the vehicles which were titled in the name of Husband's corporation, those being a 1999 Me edes Benz sport utility vehicle and a 1999 Chevrolet Suburban. The parties agree that tho vehicles shall be and remain the property of Husband or his corporation and Wife does hr reby waive, release, and relinquish any claim to or interest in those vehicles. In consideratio therefore, Husband shall pay and satisfy any debts, expenses, or obligations arising out of Ibis or the corporation's ownership of those vehicles from the date of the parties' into the Page 8 of 14 future and shall indemnify and save Wife harmless from any loss, cost, or expe her by his or his corporation's failure to pay such items. 15. PERSONAL PROPERTY. The parties hereto mutually agree that t effected a satisfactory division of the jewelry owned or held by each of them, a recreational vehicle, and all furniture, household furnishings, appliances, and c and personal property between them and they mutually agree that each party after the date hereof, be the sole and separate owner of all such tangible pers presently !in his or her possession, whether said property was heretofore owne caused to ey have rave runner ier household all, from and ial property jointly or individually by the parties hereto, and this agreement shall have the effect of al assignment or receipt from each party to the other for such property as may be in the individ of each of the parties hereto, the effective date of said bill of sale to be contei the date of the execution of this Agreement. 16. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowle, them have had a full and ample opportunity to consult with counsel of their cho their claims arising out of the marriage and divorce and that they have specifics their rights to the equitable distribution of marital property, including rights of di: right to compel a filing of an Inventory and Appraisement, and the right to have review the assets and claims of the parties and decide them as part of the diva Being aware of those rights, and being aware of the marital property owned by parties, the parties hereto, in consideration of the other terms and provisions o' agreement, do hereby waive, release and quitclaim any further right to have a other tribunal equitably distribute or divide their marital property and do hereby release and quitclaim any and all claim against or interest in assets now currer possession or held in the name of the other, it being their intention to accept th provisions of this agreement in full satisfaction of all of their claims to the marit; the parties and the equitable distribution of the same. 17. WAIVER OF ALIMONY, SUPPORT AN[ parties acknowledge that they are aware of the income, education, income pote assets and holdings of the other or have had full and ample opportunity to beco with such items. Both parties acknowledge that they are able to support and m possessions iraneous with e that each of s regarding y reviewed overy, the ie court e action. sch of the urt or any irther waive, i in the terms and property of fE. The ial, and e familiar Page 9 of 14 themselves comfortably, without contribution from the other beyond that as pro' ided for in this Property Settlement Agreement, upon the income and assets owned by each them. The parties hereby accept the mutual covenants and terms of this Agreement and t e benefits and properties passed to them hereunder in lieu of any and all further rights to sup rt or alimony for themself, counsel fees, and alimony pendente lite at this time and during an and all further or future actions of divorce brought by either of the parties hereto and the parti do hereby remise, release, quit claim, and relinquish forever any and all right to support, allmony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, du ing the pendency of or as a result of any such actions, as provided by the Divorce Cod of Pennsylvania or any other applicable statute, at this time and at any time in the uture. 18. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate in state rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate Husband, and each of the parties hereto by these presents for himself or herself, his or h heirs, executors, administrators, or assigns, does remise, release, quit claim, and fore er discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or ny of them, of any and all claims, demands, damages, actions, causes of action or suits of I w or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitte , or suffered to be done by such other party prior to the date hereof; except that this release hall in no way exonerate or discharge either parry hereto from the obligations and promises m de and imposed by reason of this agreement and shall in no way affect any cause of a ion in absolute divorce which either party may have against the other. 19. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Excep as herein otherwise provided, each party hereto may dispose of his or her property in any vay, and each party hereby expressly waives and relinquishes any and all rights he or she ma now have or hereafter acquire, under the present or future laws of any jurisdiction, to share i the property or the estate of the other as a result of the marital relationship, including, withou limitation, the right to equitable division of marital property, alimony, alimony pendente lite, anJJ counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory a widow's allowance, right to take in intestacy, right to take against the will of the c to act as administrator or executor of the other's estate, and each will, at the req Page 10 of 14 and right of the 22. CONCLUSION OF DIVORCE. The parties acknowledge that this reement is made in contemplation of the conclusion by both of them of an action in divorc which has been filed or will be filed shortly by one of the parties hereto. Both of the partie hereto agree that they shall, immediately upon the request of their attorneys, execute and d iver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) f the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of furth r notice for the entry of such decree. The parties further agree that those documents and a Pr ecipe to Transmit the Record shall be filed by Wife's attorney within thirty (30) days oft date of this Agreement. 23. INCOME TAX MATTERS. The parties acknowledge that, during th marriage, they filed joint income tax returns for various years. Each of the parties repres is to the other that they truthfully and accurately reported the income and expenses listed on ilose returns. In the event that the parties, or either of them, are assessed any additional tax, ny penalty, or any interest, as a result of any of the joint tax returns filed by them during the rriage, the party who inaccurately reported the income or expenses which results in such dditional tax, penalty, or interest, shall be responsible to pay such additional items and shall demnify and save the other harmless from any loss, cost, or expense caused to the other p y by such incomplete or inaccurate reporting, specifically including fees for accountants a d attorneys. Further, the parties agree that Husband shall be entitled to claim the personal emption, for federal income tax purposes, of the parties' son Drew so long as all three of th children reside in Mother's primary physical custody. The parties shall make, execute, cknowledge, and deliver all forms necessary to verify to the Internal Revenue Service Husb claim Drew's exemption pursuant to this Paragraph. 24. RELEASE. The parties acknowledge that the purpose of this agn divide all of their marital property, resolve all of the economic claims between t terminate and conclude any and all claims one party may have against the oth acknowledge that each of them has had ample opportunity to consult with an choice and to obtain legal representation with regard to this agreement and to which they are terminating hereby. Consequently, each of the parties, for they heirs, successors, and assigns, does hereby accept the terms and provisions hd's right to :ment is to em, and % The parties 'orney of their ie claims pelves, their this Page 12 of 14 other, execute, acknowledge, and deliver any and all instruments which may b necessary or advisable to carry into effect this mutual waiver and relinquishment of all such i t erests, rights, and claims. 20. REPRESENTATION AS TO NO DEBTS. The parties hereto mutu I ly represent to the other than neither of them has incurred any debts in the name of the oth not previously disclosed or provided for in this agreement. Each of the parties her y represents to the other that neither one of them have incurred or contracted for debts in th name of the other or for which the other is or would be legally liable from and after the date f the parties' separation. Both parties hereto mutually agree and promise that neither will co tract or otherwise incur debts in the other's or joint names without the prior permission d consent of the other party hereto. Both parties hereto represent and warrant to the other rty that they have not so contracted any debts unbeknownst to the other up to the time and ate of this Agreement. 21. DISCLOSURE. Both of the parties hereto represent to the other tha they have made full disclosure of the assets and income sources owned, controlled, or en' yed by either of them and that neither party hereto has withheld any financial information fro the other. Each of the parties represents that they have reviewed such information, as wel as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of th it marriage and of any divorce action which has or may be filed between the parties with an ttorney of their choice, or had the opportunity to review such matters with an attorney of th it choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial inform ion about all assets owned by either party and all liabilities owned by either party and have t right to have a court force such disclosure in a divorce action. Being aware of those rights, tl?l parties expressly waive the right to further disclosure or discovery regarding marital ass ts, liabilities, incomes, and finances and agree that they are satisfied with their understandin of their legal rights and obligations. Being so aware and satisfied, the parties mutually accep the terms ons arising and provisions of this agreement in full satisfaction of any and all rights or obligIm. of their martial status or the divorce action now pending or to be filed between t Page 11 of 14 agreement in full satisfaction of any claims, of any nature, they may have, or m had, against the other party and each of the parties does hereby waive, relinq? and surrender forever any claim they have against the other party, arising out ( relationship, or any other dealing between the parties prior to the date of this a provided, however, that this release shall not exonerate either of the parties frc obligations they expressly make in this agreement, which shall survive the datE agreement until such obligations are fully performed. 25. CHOICE OF LAW. This Agreement shall be interpreted, applied a accordance with the laws of, and by the courts of, the Commonwealth of Penn 26. SEVERABILITY. If for any reason whatsoever any part of this Agn declared void or invalid, only such part shall be deemed void and in all other rE Agreement shall remain valid and fully enforceable. 27. NON-WAIVER. The waiver of any term, condition, clause, or prov Agreement shall in no way be deemed or considered a waiver of any other teri clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and and year first above: written. J. I0Y 1\ c?*Cu JY\ PATRICIA M. CANTOR ever have h, release, their marital eement, the )f this enforced in Ivania. ment shall be Dects this m of this condition, Is the day Page 13 of 14 Mar l6. 2005 3:08PM LEGG MASON ACCOUNTS: Account Name: Patricia E. Cantor C/F Drew M. Cantor Account Number: 360-00016 Patricia E. Cantor GP Eric B. Cantor 360-00273 FINANCIAL. MANAGEMENT ASSOCIATES: Account Name• Account Ow Dr. Richard J. Cantor Beneficiary: Cole J. Cantor Dr. Richard J. Cantor Beneficiary: Eric D. Cantor Dr. Richard J. Cantor Beneficiary: Drew M. Cantor New York 529 College Savings Account Number: 373315387-01 373315387-02 373315387-03 No•9110 P- 2 EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court 932317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1303 PATRICIA E. CANTOR, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 15, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of IS Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: `> J.CANTOR hJ cri Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J CANTOR, Plaintiff V. PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1303 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 15, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ? 1 L PATRICIA E. CANTOR ,_- 1.,49 ?J? T.?_ Tom' ?? ' ?Cl ?'' '.l i W ^' ?:: .._ Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J CANTOR, Plaintiff V. PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1303 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. DATE-. - ?? J. CANTOR t^,] -? - _? o , ?,-, _,i --? -= ?, ., "iC? CJ ` ' _?; `: -r. ?'n c? ', ? --d .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Sheet New Cumberland, PA 17070 (717) 774-1445 RICHARD J CANTOR, Plaintiff v. PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1303 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: ` n 0 ?3 r PATRICIA E. CANTOR r-y c t. i ??? ? '? 1 ? ` _.- f? S?tl , ,,,? n[t; ! L?l '.- , .-i !? -c. RICHARD J. CANTOR (186-40-4496), Plaintiff VS. PATRICIA E. CANTOR (121-64-7467), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Complaint filed 15 March 2002; Acceptance of Service by counsel as of 26 March 2002. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 17 March 2005 by Defendant: 17 March 2005 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 17 March 2005, filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated 17 March 2005, filed contemporaneously herewith. Date: 1 b, 2i?0? ByS Samu?L. Andes Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J CANTOR, Plaintiff V. PATRICIA E. CANTOR, Defendant TO THE PROTHONOTARY: PLEASE WITHDRAW: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1303 CIVIL ACTION - LAW IN DIVORCE PRAECIPE (1) Plaintiffs equitable distribution claim pursuant to §3502 of the divorce code. DATE: April / 2-, 2005 i. Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD, 32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA E. CANTOR, Defendant NO. 02-1303 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Withdraw, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 DATED: April 2005 ( 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff r? <.n 1 T. m m l Y (iZ r to 7%' t r: t t ?_ _ cP IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF PENNA. RICHARD J. CANTOR, Plaintiff VERSUS PATRICIA E. CANTOR, N o. 02-1303 Defendant DECREE IN DIVORCE „ 2005 AND NOW,, Z ( , IT IS ORDERE AND RICHARD J. CANTOR DECREED THAT PATRICIA E. CANTOR AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF DEFENDA THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC HAVE. BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H S NOT YET BEEN ENTERED; NONE BY THE COU 0 A J. PROTHONpTARY RICHARD J. CANTOR, Plaintiff ) vs. ) PATRICIA E. CANTOR, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 IN DIVORCE / CUSTODY QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (hereinafter referred to as "ERISA') and Section 414 (p) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"). This QDRO is granted in accordance with the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502, et. seq., which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION I. IDENTIFICATION OF PLAN. This Order applies to benefits under the Cantor & Ziegler Orthodontists, Ltd. Profit Sharing Plan (hereinafter referred to as the "Plan"). Cantor & Ziegler Orthodontists, Ltd. (hereinafter referred to as "Cantor & Ziegler") is the sponsor of the Plan. SECTION II. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE. A. Richard J. Cantor is hereinafter referred to as the "Participant." The Participant's Social Security Number is 186-40-4496. The Participant's date of birth is November 23, 1952. The Participant's address is 1115 Sherwood Drive in Carlisle, Cumberland County, Pennsylvania 17013. Page 1 of 4 B. Patricia E. Cantor is hereinafter referred to as the "Alternate Payee." The Alternate Payee's Social Security Number is 121-64-7467. The Alternate Payee's date of birth is June 17, 1965. The Alternate Payee's address is 527 Mooreland Avenue in Carlisle, Cumberland County, Pennsylvania 17013. The Alternate Payee is the spouse of the Participant. SECTION III. AMOUNT O ACCOUNT TO BE PAID TO ALTERNATE PAYEE. The Plan shall award to the Alternate Payee, as a separate interest, the following portion of the Participant's vested account: FOUR HUNDRED AND FIFTY THOUSAND ($450,000.00) DOLLARS. The Alternate Payee's awarded interest shall be awarded effective February 28, 2005. The awarded interest will be adjusted for earnings and investment gains and losses between the effective date of February 28, 2005 and the distribution date. SECTION IV. METHOD OF PAYMENT. After submission of a certified copy of this order and approval of the Order as a Qualified Domestic Relations Order by the Plan Administrator, said sums shall be distributed to a qualified account for Alternate Payee. The election for the method of payment shall be made by the Alternate Payee on forms provided by the Plan Administrator, which the Plan Administrator shall promptly provide to the Alternate Payee. The funds shall then be distributed to an account with Pershing Investments and shall be identified as an Individual Retirement Account for the benefit of Patricia M. Cantor, being IRA # 5 WL652687. SECTION V. DEATH OF PARTICIPANT. Payment of the Alternate Payee's separate interest shall not be affected by the Participant's death. SECTION VI. DEATH OF ALTERNATE PAYEE PRIOR TO DISTRIBUTION. The Alternate Payee shall designate, on a form provided by the Plan Administrator, the person(s) to whom the Alternate Payee's separate interest is to be paid in the event of the Alternate Payee's death. If the Alternate Payee or this Order has not designated a Page 2 of 4 beneficiary, payment of the Alternate Payee's separate interest shall be made to the Alternate Payee's minor children as beneficiary of Alternate Payee's issue. SECTION VII. COMPLIANCE WITH APPLICABLE: LAWS AND PLAN PROVISIONS. The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. A. The Participant and Alternate Payee shall each be responsible for his or her own Federal, state and local income taxes and any other taxes attributable to any and all payments from the Plan which are received by the Participant or the Alternate Payee, respectively. B. The Participant and the Alternate Payee shall notify the Plan of any change of address. For purposes of notification, the Plan address is: Plan Administrator Cantor & Ziegler Orthodontists, Ltd. 3 Tyler Court Carlisle, PA 17013 C. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any Federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; (c) provide increased benefits; or (d) pay benefits to any Alternate Payee as defined in Section 414 (p) of the Code which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order as defined in Section 414 (p) of the Code. D. The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Cantor & Ziegler Orthodontists, Ltd., any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any such corporations (other than the Plan Administrator acting for the Plan) shall be deemed to have incurred any obligations as a result of this Order. Page 3 of 4 E. Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan Administrator shall determine to be inconsistent with this Order or with the Retirement Equity Act of 1984, as amended, the Plan may cease making further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of the claim or further order of this Court. The Plan may also take such further action or actions as may be permitted by law with respect to such claim. SECTION VIII. RESERVATION OR JURISDICTION. This Court reserves jurisdiction over the parties and the Plan until such time as the obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. Further, this Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. BY THE COURT, J. Dated: Approval as t6foo and substance: U 6-LN c Patricia M. Cantor 'l?gv.a S L. Andes Attorney for Defendant Page 4 of 4 Attorney for Plaintiff RICHARD J. CANTOR, Plaintiff vs. PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 IN DIVORCE / CUSTODY SECOND QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (hereinafter referred to as "ERISA") and Section 414 (p) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"). This QDRO is granted in accordance with the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502, et. seq., which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION I. IDENTIFICATION OF PLAN. This Order applies to benefits under the Cantor & Ziegler Orthodontists, Ltd. Profit Sharing Plan (hereinafter referred to as the "Plan"). Cantor & Ziegler Orthodontists, Ltd. (hereinafter referred to as "Cantor & Ziegler") is the sponsor of the Plan. SECTION II. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE. A. Richard J. Cantor is hereinafter referred to as the "Participant." The Participant's Social Security Number is 186-40-4496. The Participant's date of birth is November 23, 1952. The Participant's address is 1115 Sherwood Drive in Carlisle, Cumberland County, Pennsylvania 17013. Page 1 of 4 B. Patricia E. Cantor is hereinafter referred to as the "Alternate Payee." The Alternate Payee's Social Security Number is 121-64-7467. The Alternate Payee's date of birth is June 17, 1965. The Alternate Payee's address is 527 Mooreland Avenue in Carlisle, Cumberland County, Pennsylvania 17013. The Alternate Payee is the spouse of the Participant. SECTION 111. AMOUNT OF ACCOUNT TO BE PAID TO ALTERNATE PAYEE. The Plan shall award to the Alternate Payee, as a separate interest, the following portion of the Participant's vested account: THIRTY FIVE THOUSAND ($35,000.00) DOLLARS. The Alternate Payee's awarded interest shall be awarded effective February 28, 2005. The awarded interest will be adjusted for earnings and investment gains and losses between the effective date of February 28, 2005 and the distribution date. SECTION IV. METHOD OF PAYMENT. After submission of a certified copy of this Order and approval of the Order as a Qualified Domestic Relations Order by the Plan Administrator, said sums shall be distributed directly to the Alternate Payee. It will not be necessary for the funds to be distributed to a qualified account or tax-deferred account for Alternate Payee, but she may receive them directly. Alternate Payee shall be responsible to pay any penalty, income tax, interest, or other income tax obligation arising out of or assessed as a result of the distribution to her pursuant to this Second Qualified Domestic Relations Order, and shall indemnify the Plan and the Plaintiff for any tax, interest, or penalty assessed against them in the event that she does not pay them as due. SECTION V. DEATH OF PARTICIPANT. Payment of the Alternate Payee's separate interest shall not be affected by the Participant's death. Page 2 of 4 SECTION VI. DEATH OF ALTERNATE PAYEE PRIOR TO DISTRIBUTION. The Alternate Payee shall designate, on a form provided by the Plan Administrator, the person(s) to whom the Alternate Payee's separate interest is to be paid in the event of the Alternate Payee's death. If the Alternate Payee or this Order has not designated a beneficiary, payment of the Alternate Payee's separate interest shall be made to the Alternate Payee's minor children as beneficiary of Alternate Payee's issue. SECTION VII. COMPLIANCE WITH APPLICABLE LAWS AND PLAN PROVISIONS. The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. A. The Participant and Alternate Payee shall each be responsible for his or her own Federal, state and local income taxes and any other taxes attributable to any and all payments from the Plan which are received by the Participant or the Alternate Payee, respectively. B. The Participant and the Alternate Payee shall notify the Plan of any change of address. For purposes of notification, the Plan address is: Plan Administrator Cantor & Ziegler Orthodontists, Ltd. 3 Tyler Court Carlisle, PA 17013 C. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any Federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; (c) provide increased benefits; or (d) pay benefits to any Alternate Payee as defined in Section 414 (p) of the Code which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order as defined in Section 414 (p) of the Code. Page 3 of 4 D. The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Cantor & Ziegler Orthodontists, Ltd., any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any such corporations (other than the Plan Administrator acting for the Plan) shall be deemed to have incurred any obligations as a result of this Order. E. Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan Administrator shall determine to be inconsistent with this Order or with the Retirement Equity Act of 1984, as amended, the Plan may cease making further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of the claim or further order of this Court. The Plan may also take such further action or actions as may be permitted by law with respect to such claim. SECTION VIII. RESERVATION OR JURISDICTION. This Court reserves jurisdiction over the parties and the Plan until such time as the obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. Further, this Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. BY THE COURT, Dated: J. APPROVED AS TO FORM AND SUBSTANCE: Cr. Cantor Patricia M. Cantor Page 4 of 4 RICHARD J. CANTOR, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 PATRICIA E.: AIv IOX, Defendant IN DIVORCE / CUSTODY MOTION AND NOW comes the Defendant, by her attorney, Samuel L. Andes, and moves the court to enter the attached Second Qualified Domestic Relations Order to implement a provision of the addendum to the parties Property Settlement Agreement. Both parties have agreed to the entry of this order as evidenced by their approval which appears at the end of the order. Date: 4 OLD L G l 2- 7D-5'-Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12'hStreet Lemoyne, Pa 17043 (717) 761-5361 Q ? -R - ? l L:Z r i c.J RICHARD J. CANTOR, Plaintiff ) vs. ) PATRICIA E. CANTOR, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 IN DIVORCE / CUSTODY SECOND QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (hereinafter referred to as "ERISA") and Section 414 (p) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"). This QDRO is granted in accordance with the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502, et. seq., which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION I. IDENTIFICATION OF PLAN. This Order applies to benefits under the Cantor & Ziegler Orthodontists, Ltd. Profit Sharing Plan (hereinafter referred to as the "Plan"). Cantor & Ziegler Orthodontists, Ltd. (hereinafter referred to as "Cantor & Ziegler') is the sponsor of the Plan. SECTION II. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE. A. Richard J. Cantor is hereinafter referred to as the "Participant." The Participant's Social Security Number is 186-40-4496. The Participant's date of birth is November 23, 1952. The Participant's address is 1115 Sherwood Drive in Carlisle, Cumberland County, Pennsylvania 17013. Page 1 of 4 B. Patricia E. Cantor is hereinafter referred to as the "Alternate Payee." The Alternate Payee's Social Security Number is 121-64-7467. The Alternate Payee's date of birth is June 17, 1965. The Alternate Payee's address is 527 Mooreland Avenue in Carlisle, Cumberland County, Pennsylvania 17013. The Alternate Payee is the spouse of the Participant. SECTION III. AMOUNT OF ACCOUNT TO BE PAID TO ALTERNATE PAYEE. The Plan shall award to the Alternate Payee, as a separate interest, the following portion of the Participant's vested account: THIRTY FIVE THOUSAND ($35,000.00) DOLLARS. The Alternate Payee's awarded interest shall be awarded effective February 28, 2005. The awarded interest will be adjusted for earnings and investment gains and losses between the effective date of February 28, 2005 and the distribution date. SECTION IV. METHOD OF PAYMENT. After submission of a certified copy of this Order and approval of the Order as a Qualified Domestic Relations Order by the Plan" Administrator, said sums shall be distributed directly to the Alternate Payee. It will not be necessary for the funds to be distributed to a qualified account or tax-deferred account for Alternate Payee, but she may receive them directly. Alternate Payee shall be responsible to pay any penalty, income tax, interest, or other income tax obligation arising out of or assessed as a result of the distribution to her pursuant to this Second Qualified Domestic Relations Order, and shall indemnify the Plan and the Plaintiff for any tax, interest, or penalty assessed against them in the event that she does not pay them as due. SECTION V. DEATH OF PARTICIPANT. Payment of the Alternate Payee's separate interest shall not be affected by the Participant's death. Page 2 of 4 SECTION VI. DEATH OF ALTERNATE PAYEE PRIOR TO DISTRIBUTION. The Alternate Payee shall designate, on a form provided by the Plan Administrator, the person(s) to whom the Alternate Payee's separate interest is to be paid in the event of the Alternate Payee's death. If the Alternate Payee or this Order has not designated a beneficiary, payment of the Alternate Payee's separate interest shall be made to the Alternate Payee's minor children as beneficiary of Alternate Payee's issue. SECTION VII. COMPLIANCE WITH APPLICABLE LAWS AND PLAN PROVISIONS. The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. A. The Participant and Alternate Payee shall each be responsible for his or her own Federal, state and local income taxes and any other taxes attributable to any and all payments from the Plan which are received by the Participant or the Alternate Payee, respectively. B. The Participant and the Alternate Payee shall notify the Plan of any change of address. For purposes of notification, the Plan address is: Plan Administrator Cantor & Ziegler Orthodontists, Ltd. 3 Tyler Court Carlisle. PA 17013 C. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any Federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; (c) provide increased benefits; or (d) pay benefits to any Alternate Payee as defined in Section 414 (p) of the Code which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order as defined in Section 414 (p) of the Code. Page 3 of 4 D. The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Cantor & Ziegler Orthodontists, Ltd., any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any such corporations (other than the Plan Administrator acting for the Plan) shall be deemed to have incurred any obligations as a result of this Order. E. Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan Administrator shall determine to be inconsistent with this Order or with the Retirement Equity Act of 1984, as amended, the Plan may cease making further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of the claim or further order of this Court. The Plan may also take such further action or actions as may be permitted by law with respect to such claim. SECTION VIII. RESERVATION OR JURISDICTION. This Court reserves jurisdiction over the parties and the Plan until such time as the obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. Further, this Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. BY THE COURT, Dated: J. APPROVED AS TO FORM AND SUBSTANCE: -'ww?OL V"'*z it is M. Cantor '4 RICHARD J. CANTOR, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 PATRICIA E. LAIN FOX, Defendant IN DIVORCE / CUSTODY MOTION AND NOW comes the Defendant, by her attorney, Samuel L. Andes, and moves the court to enter the attached Second Qualified Domestic Relations Order to implement a provision of the addendum to the parties Property Settlement Agreement. Both parties have agreed to the entry of this order as evidenced by their approval which appears at the end of the order. Date: 4 (Oc- - ek.) 2D57- Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 G 1 o ..t o '- r C )r_i rr. -'i W RICHARD J. CANTOR, Plaintiff ) vs. ) PATRICIA E. CANTOR, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 IN DIVORCE / CUSTODY SECOND QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (hereinafter referred to as "ERISK) and Section 414 (p) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"). This QDRO is granted in accordance with the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502, et. seq., which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION I. IDENTIFICATION OF PLAN. This Order applies to benefits under the Cantor & Ziegler Orthodontists, Ltd. Profit Sharing Plan (hereinafter referred to as the "Plan"). Cantor & Ziegler Orthodontists, Ltd. (hereinafter referred to as "Cantor & Ziegler") is the sponsor of the Plan. SECTION II. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE. A. Richard J. Cantor is hereinafter referred to as the "Participant." The Participant's Social Security Number is 186-40-4496. The Participant's date of birth is November 23, 1952. The Participant's address is 1115 Sherwood Drive in Carlisle, Cumberland County, Pennsylvania 17013. Page 1 of 4 B. Patricia E. Cantor is hereinafter referred to as the "Alternate Payee." The Alternate Payee's Social Security Number is 121-64-7467. The Alternate Payee's date of birth is June 17, 1965. The Alternate Payee's address is 527 Mooreland Avenue in Carlisle, Cumberland County, Pennsylvania 17013. The Alternate Payee is the spouse of the Participant. SECTION III. AMOUNT OF ACCOUNT TO BE PAID TO ALTERNATE PAYEE. The Plan shall award to the Alternate Payee, as a separate interest, the following portion of the Participant's vested account: THIRTY FIVE THOUSAND ($35,000.00) DOLLARS. The Alternate Payee's awarded interest shall be awarded effective February 28, 2005. The awarded interest will be adjusted for earnings and investment gains and losses between the effective date of February 28, 2005 and the distribution date. SECTION IV. METHOD OF PAYMENT. After submission of a certified copy of this Order and approval of the Order as a Qualified Domestic Relations Order by the Plan Administrator, said sums shall be distributed directly to the Alternate Payee. It will not be necessary for the funds to be distributed to a qualified account or tax-deferred account for Alternate Payee, but she may receive them directly. Alternate Payee shall be responsible to pay any penalty, income tax, interest, or other income tax obligation arising out of or assessed as a result of the distribution to her pursuant to this Second Qualified Domestic Relations Order, and shall indemnify the Plan and the Plaintiff for any tax, interest, or penalty assessed against them in the event that she does not pay them as due. SECTION V. DEATH OF PARTICIPANT. Payment of the Alternate Payee's separate interest shall not be affected by the Participant's death. Page 2 of 4 SECTION VI. DEATH OF ALTERNATE PAYEE PRIOR TO DISTRIBUTION. The Alternate Payee shall designate, on a form provided by the Plan Administrator, the person(s) to whom the Alternate Payee's separate interest is to be paid in the event of the Alternate Payee's death. If the Alternate Payee or this Order has not designated a beneficiary, payment of the Alternate Payee's separate interest shall be made to the Alternate Payee's minor children as beneficiary of Alternate Payee's issue. SECTION VII. COMPLIANCE WITH APPLICABLE LAWS AND PLAN PROVISIONS. The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. A. The Participant and Alternate Payee shall each be responsible for his or her own Federal, state and local income taxes and any other taxes attributable to any and all payments from the Plan which are received by the Participant or the Alternate Payee, respectively. B. The Participant and the Alternate Payee shall notify the Plan of any change of address. For purposes of notification, the Plan address is: Plan Administrator Cantor & Ziegler Orthodontists, Ltd. 3 Tyler Court Carlisle, PA 17013 C. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any Federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; (c) provide increased benefits; or (d) pay benefits to any Alternate Payee as defined in Section 414 (p) of the Code which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order as defined in Section 414 (p) of the Code. Page 3 of 4 D. The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Cantor & Ziegler Orthodontists, Ltd., any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any such corporations (other than the Plan Administrator acting for the Plan) shall be deemed to have incurred any obligations as a result of this Order. E. Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan Administrator shall determine to be inconsistent with this Order or with the Retirement Equity Act of 1984, as amended, the Plan may cease making further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of the claim or further order of this Court. The Plan may also take such further action or actions as may be permitted by law with respect to such claim. SECTION VIII. RESERVATION OR JURISDICTION. This Court reserves jurisdiction over the parties and the Plan until such time as the obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. Further, this Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. BY THE COURT, Dated: J. APPROVED AS TO FORM AND SUBSTANCE: Rich J. Cantor Patricia M. Cantor Page 4 of 4 q RICHARD J. CANTOR, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 PATRICIA E.: AN fOit, Defendant IN DIVORCE / CUSTODY MOTION AND NOW comes the Defendant, by her attorney, Samuel L. Andes, and moves the court to enter the attached Second Qualified Domestic Relations Order to implement a provision of the addendum to the parties Property Settlement Agreement. Both parties have agreed to the entry of this order as evidenced by their approval which appears at the end of the order. Date: 4 2W- Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12``' Street Lemoyne, Pa 17043 (717) 761-5361 _ O T .? c yrn cr, R> `- Ei'dED OCT 0 6 "-- y RECEIVED OCT 0 6200 RICHARD J. CANTOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PATRICIA E. CANTOR, Defendant CIVIL ACTION - LAW NO. 02-1303 IN DIVORCE / CUSTODY SECOND QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (hereinafter referred to as "ERISA") and Section 414 (p) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"). This QDRO is granted in accordance with the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502, et. seq., which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION I. IDENTIFICATION OF PLAN. This Order applies to benefits under the Cantor & Ziegler Orthodontists, Ltd. Profit Sharing Plan (hereinafter referred to as the "Plan"). Cantor & Ziegler Orthodontists, Ltd. (hereinafter referred to as "Cantor & Ziegler") is the sponsor of the Plan. SECTION II. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE. A. Richard J. Cantor is hereinafter referred to as the "Participant." The Participant's Social Security Number is 186-40-4496. The Participant's date of birth is November 23, 1952. The Participant's address is 1115 Sherwood Drive in Carlisle, Cumberland County, Pennsylvania 17013. Page 1 of 4 B. Patricia E. Cantor is hereinafter referred to as the "Alternate Payee." The Alternate Payee's Social Security Number is 121-64-7467. The Alternate Payee's date of birth is June 17, 1965. The Alternate Payee's address is 527 Mooreland Avenue in Carlisle, Cumberland County, Pennsylvania 17013. The Alternate Payee is the spouse of the Participant. SECTION III. AMOUNT OF ACCOUNT TO BE PAID TO ALTERNATE PAYEE. The Plan shall award to the Alternate Payee, as a separate interest, the following portion of the Participant's vested account: THIRTY FIVE THOUSAND ($35,000.00) DOLLARS. The Alternate Payee's awarded interest shall be awarded effective February 28, 2005. The awarded interest will be adjusted for earnings and investment gains and losses between the effective date of February 28, 2005 and the distribution date. SECTION IV. METHOD OF PAYMENT. After submission of a certified copy of this Order and approval of the Order as a Qualified Domestic Relations Order by the Plan" Administrator, said sums shall be distributed directly to the Alternate Payee. It will not be necessary for the funds to be distributed to a qualified account or tax-deferred account for Alternate Payee, but she may receive them directly. Alternate Payee shall be responsible to pay any penalty, income tax, interest, or other income tax obligation arising out of or assessed as a result of the distribution to her pursuant to this Second Qualified Domestic Relations Order, and shall indemnify the Plan and the Plaintiff for any tax, interest, or penalty assessed against them in the event that she does not pay them as due. SECTION V. DEATH OF PARTICIPANT. Payment of the Alternate Payee's separate interest shall not be affected by the Participant's death. Page 2 of 4 SECTION VI. DEATH OF ALTERNATE PAYEE PRIOR TO DISTRIBUTION. The Alternate Payee shall designate, on a form provided by the Plan Administrator, the person(s) to whom the Alternate Payee's separate interest is to be paid in the event of the Alternate Payee's death. If the Alternate Payee or this Order has not designated a beneficiary, payment of the Alternate Payee's separate interest shall be made to the Alternate Payee's minor children as beneficiary of Alternate Payee's issue. SECTION VII. COMPLIANCE WITH APPLICABLE LAWS AND PLAN PROVISIONS. The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. A. The Participant and Alternate Payee shall each be responsible for his or her own Federal, state and local income taxes and any other taxes attributable to any and all payments from the Plan which are received by the Participant or the Alternate Payee, respectively. B. The Participant and the Alternate Payee shall notify the Plan of any change of address. For purposes of notification, the Plan address is: Plan Administrator Cantor & Ziegler Orthodontists, Ltd. 3 Tyler Court Carlisle, PA 17013 C. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any Federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; (c) provide increased benefits; or (d) pay benefits to any Alternate Payee as defined in Section 414 (p) of the Code which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order as defined in Section 414 (p) of the Code. Page 3 of 4 D. The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Cantor & Ziegler Orthodontists, Ltd., any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any such corporations (other than the Plan Administrator acting for the Plan) shall be deemed to have incurred any obligations as a result of this Order. E. Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan Administrator shall determine to be inconsistent with this Order or with the Retirement Equity Act of 1984, as amended, the Plan may cease making further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of the claim or further order of this Court. The Plan may also take such further action or actions as may be permitted by law with respect to such claim. SECTION VIII. RESERVATION OR JURISDICTION. This Court reserves jurisdiction over the parties and the Plan until such time as the obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. Further, this Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. Dated: APPROVED AS TO FORM AND SUBSTANCE: 1D.?'? Ir . Cantor Patricia M. Cantor Page 4 of 4 BY THE COURT, '?+ _ -i i _.. ,? ;? i ,.. ?, . r i .;'v sv . ;:,?i ?t . ? RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR Defendant 0 C T 9 4 2006 IN THE COURT OF COMMON-TL _0 CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of e2 CT , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of this Court dated May 9, 2002, incorporating the terms of the parties' Stipulation, is vacated and replaced with this Order. 2. The Mother, Patricia M. Cantor, and the Father, Richard J. Cantor, shall have shared legal custody of Eric B. Cantor, born September 25, 1990, Drew M. Cantor, born July 10, 1993, and Cole J. Cantor, born October 16, 1998. Both parties shall cooperate with each other and with all schools, physicians, health care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the Children. In the event, however, that either party is not immediately available in the event of an emergency, and a decision must be make regarding the care of the Children because of such emergency, the parent present with the Child or Children shall be authorized to make a decision for the best interest and care of the Child or Children so affected and shall promptly notify the other parent of the situation and of the decision made. 3. The Father shall have custody of the Children in accordance with the following schedule: A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. B. Every week from Thursday at 6:00 p.m. through Friday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. r F L .? ' o C. On alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. during the school year or through Monday morning at 8:00 a.m. during the Summer, when the Father shall transport the Children to the Mother's residence before work. D. The Mother shall have custody of the Children at all other times. 4. Each party shall have custody of the Children for three weeks of vacation each calendar year, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of seven days each, which shall not be consecutive, and shall include that parent's weekend time with the Children. The parties shall not remove the Children from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the Children for such vacations during the school year every other year. The parties shall notify each other by April 1St of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March 1St of each year, shall provide the other parent with thirty days advance written notice. The parties shall not schedule vacation time under this provision to interfere with the other party's holiday custody unless otherwise agreed between the parties. 5. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Children from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 8:00 p.m., the Mother shall have custody from December 26 at 8:00 p.m. through December 30 at 8:00 p.m., and the Father shall have custody from December 30 at 8:00 p.m. through January 1 at 8:00 p.m. In odd numbered years, The Mother shall have custody from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 9:00 a.m., and the Mother shall have custody from December 29 at at 9:00 a.m. through January 1 at 8:00 p.m. B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from Wednesday at 4:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children in 2006 and the Mother shall have custody in 2007. Thereafter, the Father shall have custody over Thanksgiving for two consecutive years, the Mother shall have one year, the Father shall have the next two consecutive years, and continuing in the same pattern. C. EASTER; The Easter holiday period of custody shall run from the last day of school before the break at 6:00 p.m. through the day before school resumes at 6:00 p.m. The parties shall exchange custody of the Children half-way through the Easter school break, with the Father having custody during the first half in even numbered years and the Mother having custody during the first half in odd numbered years. The parent who does not have custody during the Easter Sunday half of the school break shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend. In the event the holiday falls on the other parent's weekend, the parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule. E. MEMORIAL DAY/LABOR DAY: The holiday periods of custody under this provision shall include the entire regular weekend period extended through the Monday holiday at 6:00 p.m. In even numbered years, the Mother shall have custody for both holiday weekends and in odd numbered years, the Father shall have custody for both holidays. The parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule if the holiday schedule interrupts it. F. INDEPENDENCE DAY: The Father shall have custody of the Children for the Independence Day holiday in even numbered years and the Mother shall have custody in odd numbered years. When the holiday falls on a Friday through Sunday, the holiday period shall be the same as for Memorial Day and Labor Day. When the holiday falls on a Tuesday through Thursday, the holiday custodial period shall run from 9:00 a.m. through 6:00 p.m. on the day of the holiday. 6. The parties shall communicate by email every Sunday evening concerning significant information or developments concerning the Children and/or their schedules. 7. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. Neither party shall relocate with the Children outside of Central Pennsylvania without giving the other party at least sixty days advance notice and filing a Petition with this Court for modification of this Order. 9. Neither party shall consume alcohol to excess in the presence of the Children. Neither party shall operate a motor vehicle with the Children in the vehicle after drinking to excess or while intoxicated. 10. The parties agree that there shall be no adjustment of the child support under the Pennsylvania Support Guidelines based upon the above schedule. Any support Order entered while this schedule is in effect shall be entered on the basis that the Mother has the Children with her more than sixty percent of the overnights each calendar year. 11. This Order is 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. cc b a Sumple-Sullivan, Esquire - Counsel for Father :2 uel L. Andes, Esquire - Counsel for Mother 1 BY THE COURT, RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR Defendant Prior Judge: J.Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric B. Cantor September 25, 1990 Mother Drew M. Cantor July 10, 1993 Mother Cole J. Cantor October 6, 1998 Mother 2. A custody conciliation conference was held on March 31, 2006, which was concluded before a comprehensive agreement was reached as the parties had a support conference scheduled immediately following the conciliation. The conciliation was continued until July 28, 2006 when the remaining issues were addressed at an additional conference. The following individuals attended both conferences: The Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, and the Mother, Patricia E. Cantor, with her counsel, Samuel L. Andes. 3. At t he July 2 8, 2 006 c onference, t he p arties a greed t o e ntry o f an 0 rder i n t he f orm a s attached, except for the question of retention of the existing provision regarding non- modification of child support based upon resultant changes to the custody schedule. The Father and his counsel requested an opportunity to review that issue further before committing to the provision. The conciliator agreed to hold the matter until notification by the Father's counsel the following week. Subsequently other issues arose between the parties leading to extension of time for forwarding the proposed Order until September 15, and an additional request from the Mother's counsel for a further extension until September 30, 2006. whereupon if the conciliator did not hear anything to the contrary from the parties, the terms of the parties' agreement at both conciliation conferences would be forwarded to the Court. As no further communication was received from counsel by the date of this Report and in light of the fact that this matter has been pending since March 2006, the conciliator recommends entry of an Order in the form as attached reflecting the parties' agreement at the conferences. , a2ov4 0G6 exit 3 Date ec-Z5? ??06, ta- Dawn S. Sunday, Esquire Custody Conciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA M. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY RICHARD J. CANTOR, Defendant NO. 02-1303 PETITION FOR CONTEMPT 1. Petitioner is Defendant, Richard J. Cantor, an individual residing at 33 Ashton Street, Carlisle, Pennsylvania 17015. 2. Respondent is Plaintiff, Patricia M. Cantor, an individual residing at 527 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are divorced. 4. Petitioner and Respondent are the natural parents of three (3) minor children being Eric B. Cantor (D.O.B. 9/25/1990), Drew M. Cantor (D.O.B. 7/10/1993); and Cole J. Cantor (D.O.B. 10/06/1998). 5. The present Custody Order is dated October 4, 2006. A true and correct copy of this order is attached hereto as Exhibit A and is incorporated herein by 1 reference. 6. Respondent has willfully failed to comply with the Paragraph 3 of the current Court Order dated October 4, 2006 which provides, inter alia: 3. The Father shall have custody of the Children in accordance with the following schedule: A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. B. Every week from Thursday at 6:00 p.m. through Friday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. C. On alternating weekends from, Friday at 6:00 p.m. through Sunday at 6:00 p.m. during the school year or through Monday morning at 8:00 a.m. during the Summer, when Father shall transport the Children to the Mother's residence before work. 7. Respondent consistently does not have the children available for Petitioner's custodial periods. Typically, Petitioner waits ten, fifteen minutes or more which has made him late for appointments with the children. Petitioner knows Respondent to be very prompt in all that she does and he sees this as a way to simply antagonize him. Times at issue for Respondent's contempt include, but are not limited to the following: A. On March L 2007, Respondent was in contempt of paragraph 3B of the October 4, 2006 Order. Respondent failed to have the parties' son, Cole, available for Petitioner to pick up. Respondent did not call Petitioner to advise him Cole would not be available or provide any other information on the situation. B. On March 8, 2007, Respondent was in contempt of paragraph 3B of the October 4, 2006 Order. Respondent failed to have any of the children 2 available for Petitioner to pick up. Petitioner was at Respondent's residence at 6:04 p.m. on that Thursday and waited until 6:20 p.m. and the children never came out. Respondent did not call Petitioner to advise him the children would not be available or provide any other information on the situation. C. On March 165 2007, Respondent was in contempt of paragraph 3C of the October 4, 2006 Order. Respondent failed to have the parties' son, Eric, available for Petitioner to pick up. Petitioner was at Respondent's residence at 6:00 p.m. on that Friday to pick up the children for his weekend. Respondent did not call Petitioner to advise him Eric would not be available or provide any other information on the situation. D. On May 10, 2007, Respondent was in contempt of paragraph 3B of the October 4, 2006 Order. Respondent failed to have the parties' son, Drew, available for Petitioner to pick up. Petitioner was delayed because he was waiting for the parties' son, Eric, to finish his lacrosse practice. (Lacrosse practice typically ends at 6:00 p.m. and Petitioner picks up the other children.) However, on that day, practice had run until 6:30 p.m. Petitioner called to let Respondent know the situation, but Respondent had already taken Drew out for dinner and had Drew explain to Petitioner that he could not go with him because Petitioner was 30 minutes late. E. On May 18, 2007, Respondent was in contempt of Paragraph 3C of the October 4, 2006 Order. Respondent did not have the parties' son, Cole, available for Petitioner to pick up. Petitioner has no knowledge why Cole was not available to pick up. Also, on this date, Petitioner arrived at 6:08 p.m. and the parties' son, Drew, came out to Petitioner's vehicle. He was crying and telling Petitioner that he needed to switch the custody weekends so he could see his friend, Daulton. (Daulton is Respondent's boyfriend's son.) Drew went back into the house and came back out to Petitioner's vehicle with a calendar to show him that Daulton's weekends with his father do not match the parties' son's weekends with their mother. Respondent then called Petitioner on his cell phone while he was in front of her residence and began blaming him for the mismatched weekends, although the weekend schedule had been established at mutual agreement of the parties. Petitioner said he was not discussing it and hung up the phone. Petitioner's boyfriend, Brian Taylor, then proceeded to come out of the house, menacingly approached Petitioner's vehicle and gave Petitioner the "middle finger." Taylor's actions made Drew even more emotionally upset. F. On June 5, 2007, Respondent e-mailed a request to have the children on Petitioner's Thursday custodial time because of the children's after 3 school parties. Petitioner e-mailed Respondent back on June 5, 2007 advising Respondent that she could have the children on Thursday provided he could have them on August 3. Respondent did not respond to this e-mail. On June 6, 2007, Petitioner e-mailed her again requesting a response. Respondent did not respond to this e-mail either. On June 7, Petitioner sent a third e-mail advising that since he had received no response and there was no confirmation on switching days, he would be picking the children up on his ordered time on Thursday pursuant to Paragraph 3B. When he arrived at 5:58 p.m. to pick up the children, the parties' son, Drew, came out to Petitioner's vehicle and said that they were having a party at Respondent's. Petitioner called Respondent and Respondent said she had sent an e-mail, but he just must have not received it. In order not to upset the children, Petitioner left without any of them and without confrontation with Petitioner. G. On June 15, 2007, a regular visitation period, Petitioner called Respondent to let her know he was on his way to pick up the children. There was no answer on Respondent's cell or home phone. Petitioner arrived at 6:02 p.m. and Cole and Drew were skateboarding in the road with their grandmother watching. They were not available to leave until 6:30 p.m. Eric had friends over at Respondent's house and was not ready to leave. The children all knew that when Petitioner picked them up, they were going to be leaving town and staying in Hershey, PA. Respondent brought Eric to the hotel the next day. 8. Petitioner has also acted in violation of Paragraph 2 of the Order of Court dated October 4, 2006, which requires cooperation with all school, physicians, health care providers, and other third parties. Times at issue are as follows: A. March 5, 2007 and March 19, 2007-Respondent cancelled the parties' son, Eric's, appointments with his counselor, Marcia Gelman. B. April 6, 2007- Respondent again cancelled the parties' son, Eric's, appointment with his counselor, Marcia Gelman, because her family was visiting. Petitioner took him to this appointment and paid for the session. 9. Respondent is making this current custodial situation very stressful for the 4 children. This is resulting in at least one child, Eric, doing poorly in school. 10. This situation could be made better by imposition of a parent coordinator to take the children out of the middle of these occurrences. 11. Respondent continues to modify the custody order without the mutual agreement of Petitioner or notice to Petitioner and withholds the children from Petitioner. 12. Judge Wesley Oler, Jr. entered the present Custody Order dated October 4, 2006 in this matter. 13. Opposing counsel has been provided with a copy of this Petition and no concurrence has been received. 14. Petitioner requests a hearing be scheduled: a. To schedule make up time for custodial days lost by Petitioner with the children; b. To include in the present order that the parties are to meet at the restaurant, Friendly's on Walnut Bottom Road, Carlisle, a neutral location, for the custody exchanges; 5 c. To require the parties share the cost of a "Parent Coordinator" as appointed to work with the parties to avoid future disputes. The parties shall mutually agree on the designated person with in five (5) days or Marcia Gelman, the parties' counselor, shall be deemed designated as the Parent Coordinator; d. To enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation , filing, and hearing of this Petition which fees shall be at least seven hundred fifty dollars ($750.00). e. To hold Respondent in contempt and to fine and/or otherwise incarcerate Respondent for said contempt. WHEREFORE, Petitioner requests that Respondent be held in contempt of court and requests an Order be entered granting the relief requested as set forth in the proposed order. Re DATE: June 29, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 6 Exhibit A RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR Defendant OCT442006 IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 44 day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of this Court dated May 9, 2002, incorporating the terms of the parties' Stipulation, is vacated and replaced with this Order. 2. The Mother, Patricia M. Cantor, and the Father, Richard J. Cantor, shall have shared legal custody of Eric B. Cantor, born September 25, 1990, Drew M. Cantor, born July 10, 1993, and Cole J. Cantor, born October 16, 1998. Both parties shall cooperate with each other and with all schools, physicians, health care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the Children. In the event, however, that either party is not immediately available in the event of an emergency, and a decision must be make regarding the care of the Children because of such emergency, the parent present with the Child or Children shall be authorized to make a decision for the best interest and care of the Child or Children so affected and shall promptly notify the other parent of the situation and of the decision made. 3. The Father shall have custody of the Children in accordance with the following schedule: A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. B. Every week from Thursday at 6:00 p.m. through Friday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. C. On alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. during the school year or through Monday morning at 8:00 a.m. during the Summer, when the Father shall transport the Children to the Mother's residence before work. D. The Mother shall have custody of the Children at all other times. 4. Each party shall have custody of the Children for three weeks of vacation each calendar year, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of seven days each, which shall not be consecutive, and shall include that parent's weekend time with the Children. The parties shall not remove the Children from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the Children for such vacations during the school year every other year. The parties shall notify each other by April l" of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March 1" of each year, shall provide the other parent with thirty days advance written notice. The parties shall not schedule vacation time under this provision to interfere with the other party's holiday custody unless otherwise agreed between the parties. 5. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Children from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 8:00 p.m., the Mother shall have custody from December 26 at 8:00 p.m. through December 30 at 8:00 p.m., and the Father shall have custody from December 30 at 8:00 p.m. through January 1 at 8:00 p.m. In odd numbered years, The Mother shall have custody from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 9:00 a.m., and the Mother shall have custody from December 29 at at 9:00 a.m. through January 1 at 8:00 p.m. B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from Wednesday at 4:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children in 2006 and the Mother shall have custody in 2007. Thereafter, the Father shall have custody over Thanksgiving for two consecutive years, the Mother shall have one year, the Father shall have the next two consecutive years, and continuing in the same pattern. C. EASTER; The Easter holiday period of custody shall run from the last day of school before the break at 6:00 p.m. through the day before school resumes at 6:00 p.m. The parties shall exchange custody of the Children half-way through the Easter school break, with the Father having custody during the first half in even numbered years and the Mother having custody during the first half in odd numbered years. The parent who does not have custody during the Easter Sunday half of the school break shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend. In the event the holiday falls on the other parent's weekend, the parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule. E. MEMORIAL DAY/LABOR DAY: The holiday periods of custody under this provision shall include the entire regular weekend period extended through the Monday holiday at 6:00 p.m. In even numbered years, the Mother shall have custody for both holiday weekends and in odd numbered years, the Father shall have custody for both holidays. The parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule if the holiday schedule interrupts it. F. INDEPENDENCE DAY: The Father shall have custody of the Children for the Independence Day holiday in even numbered years and the Mother shall have custody in odd numbered years. When the holiday falls on a Friday through Sunday, the holiday period shall be the same as for Memorial Day and Labor Day. When the holiday falls on a Tuesday through Thursday, the holiday custodial period shall run from 9:00 a.m. through 6:00 p.m. on the day of the holiday. 6. The parties shall communicate by email every Sunday evening concerning significant information or developments concerning the Children and/or their schedules. 7. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. Neither party shall relocate with the Children outside of Central Pennsylvania without giving the other party at least sixty days advance notice and filing a Petition with this Court for modification of this Order. 9. Neither party shall consume alcohol to excess in the presence of the Children. Neither party shall operate a motor vehicle with the Children in the vehicle after drinking to excess or while intoxicated. 10. The parties agree that there shall be no adjustment of the child support under the Pennsylvania Support Guidelines based upon the above schedule. Any support Order entered while this schedule is in effect shall be entered on the basis that the Mother has the Children with her more than sixty percent of the overnights each calendar year. 11. This Order is 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. cc: Barbara Sumple-Sullivan, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother TRUIE COPY V.'., mony wh-r„^;. sea ! ! of FROM-*EtM ,. ? ;'m set my b%d ;.31em, PL •:f •-iI 1A?..ifF BY THE COURT, RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR Defendant Prior Judge: J.Wesley Oler, Jr. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric B. Cantor September 25, 1990 Mother Drew M. Cantor July 10, 1993 Mother Cole J. Cantor October 6, 1998 Mother 2. A custody conciliation conference was held on March 31, 2006, which was concluded before a comprehensive agreement was reached as the parties had a support conference scheduled immediately following the conciliation. The conciliation was continued until July 28, 2006 when the remaining issues were addressed at an additional conference. The following individuals attended both conferences: The Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, and the Mother, Patricia E. Cantor, with her counsel, Samuel L. Andes. 3. At t he July 2 8, 2 006 c onference, t he p arties a greed t o e ntry o f a n 0 rder i n t he form a s attached, except for the question of retention of the existing provision regarding non- modification of child support based upon resultant changes to the custody schedule. The Father and his counsel requested an opportunity to review that issue further before committing to the provision. The conciliator agreed to hold the matter until notification by the Father's counsel the following week. Subsequently other issues arose between the parties leading to extension of time for forwarding the proposed Order until September 15, and an additional request from the Mother's counsel for a further extension until September 30, 2006. whereupon if the conciliator did not hear anything to the contrary from the parties, the terms of the parties' agreement at both conciliation conferences would be forwarded to the Court. As no further communication was received from counsel by the date of this Report and in light of the fact that this matter has been pending since March 2006, the conciliator recommends entry of an Order in the form as attached reflecting the parties' agreement at the conferences. 061vbe,t .3. o20C?G 41 Date Dawn S. Sunday, Esquire Custody Conciliator Jun.19. 20C7 11:25AM No.8790 P. 1C Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA M. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, : CIVIL ACTION - CUSTOD'Y' RICHARD J. CANTOR, Defendant NO. 02-1303 VIERMICATION I, Richard J. Cantor, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: C/,-? Ci Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA M. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY RICHARD J. CANTOR, Defendant NO. 02-1303 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 DATE: June 29, 2007 Barbarg-Su'mple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 1 "'.? r" ?? ? ? ~?? s5 ? .? '?i Y N '-?: ? '} '? -s PATRICIA M. CANTOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD J. CANTOR DEFENDANT 02-1303 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 05, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 08, 2007 at 9:00 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/ Dawn S. Sunday, 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 -ig o- -4 0 . Hd 6- -Inn LODZ ttk 1C; i0103'j 3HI J0 RICHARD J. CANTOR, ) Plaintiff ) VS. ) PATRICIA E. CANTOR ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S PETITION TO MODIFY AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and files the following Petition to Modify this court's order of 4 October 2006, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Defendant. 2. The parties are the parents of three minor children, Eric B. Cantor, now age 16, born 25 September 1990, Drew M. Cantor, now age 14, born 10 July 1993, and Cole J. Cantor, now age 8, born 16 October 1998. The custody of those children is the subject of an order previously entered by this court on 4 October 2006, a copy of which is attached hereto and marked as EXHIBIT A. 3. Defendant requests this court modify its prior order to award her primary physical custody of the children. Such an award will be in the best interest of the children for many reasons, which include the following: A. The current custody arrangement is not successful or satisfactory, in large part because the Plaintiff refuses to cooperate, or even communicate, with Defendant regarding the children; and B. The children are subjected to emotional strain, abuse, and turmoil by the Plaintiff, particularly when they are in his custody; and C. The children do not get along well with Plaintiff's new wife and family and are frequently unhappy during their periods of custody with Plaintiff; and D. The children have expressed, on numerous occasions, that they do not want to spend time in the custody of the Plaintiff; and { E. Defendant is able to provide a calm, stable, and loving home for the children and, when they are in her physical custody, she is able to insulate them from the stress and anxiety caused to them by the Plaintiff. For ail of the above reasons, Defendant believes it is in the best interest of the children that their primary physical custody be awarded to her. 4. The Honorable J. Wesley Oler, Judge of this Court, has entered the prior orders in this custody action. WHEREFORE, Defendant prays this court to modify its order of 4 October 2006 to award her primary physical custody of all three of the parties' children. Sa I L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). r i D pJ Date PATRICIA E. CANTOR EXHIBIT A F a C T 4 4 2006A RICHARD J. CANTOR IN THE COURT OF C(AM LION PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI- vs. 02-1303 CIVIL ACTION LAW PATRICIA E. CANTOR Defendant IN CUSTODY ORDER OF COURT AND NOW, this q-? _ day of (96 • , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 9, 2002, incorporating the terms of the parties' Stipulation, is vacated and replaced with this Order. 2. The Mother, Patricia M. Cantor, and the Father, Richard J. Cantor, shall have shared legal custody of Eric B. Cantor, born September 25, 1990, Drew M. Cantor, born July 10, 1993, and Cole J. Cantor, born October 16, 1998. Both parties shall cooperate with each other and with all schools, physicians, health care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the Children. In the event, however, that either party is not immediately available in the event of an emergency, and a decision must be make regarding the care of the Children because of such emergency, the parent present with the Child or Children shall be authorized to make a decision for the best interest and care of the Child or Children so affected and shall promptly notify the other parent of the situation and of the decision made. 3. The Father shall have custody of the Children in accordance with the following schedule: A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. B. Every week from Thursday at 6:00 p.m. through Friday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. C. On alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. during the school year or through Monday morning at 8:00 a.m. during the Summer, when the Father shall transport the Children to the Mother's residence before work. D. The Mother shall have custody of the Children at all other times. 4. Each party shall have custody of the Children for three weeks of vacation each calendar year, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of seven days each, which shall not be consecutive, and shall include that parent's weekend time with the Children. The parties shall not remove the Children from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the Children for such vacations during the school year every other year. The parties shall notify each other by April 1" of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March 1St of each year, shall provide the other parent with thirty days advance written notice. The parties shall not schedule vacation time under this provision to interfere with the other party's holiday custody unless otherwise agreed between the parties. 5. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Children from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 8:00 p.m., the Mother shall have custody from December 26 at 8:00 p.m. through December 30 at 8:00 p.m., and the Father shall have custody from December 30 at 8:00 p.m. through January 1 at 8:00 p.m. In odd numbered years, The Mother shall have custody from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 9:00 a.m., and the Mother shall have custody from December 29 at at 9:00 a.m. through January 1 at 8:00 p.m. B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from Wednesday at 4:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children in 2006 and the Mother shall have custody in 2007. Thereafter, the Father shall have custody over Thanksgiving for two consecutive years, the Mother shall have one year, the Father shall have the next two consecutive years, and continuing in the same pattern. C. EASTER; The Easter holiday period of custody shall run from the last day of school before the break at 6:00 p.m. through the day before school resumes at 6:00 p.m. The parties shall exchange custody of the Children half-way through the Easter school break, with the Father having custody during the first half in even numbered years and the Mother having custody during the first half in odd numbered years. The parent who does not have custody during the Easter Sunday half of the school break shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend. In the event the holiday falls on the other parent's weekend, the parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule. E. MEMORIAL DAY/LABOR DAY: The holiday periods of custody under this provision shall include the entire regular weekend period extended through the Monday holiday at 6:00 p.m. In even numbered years, the Mother shall have custody for both holiday weekends and in odd numbered years, the Father shall have custody for both holidays. The parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule if the holiday schedule interrupts it. F. INDEPENDENCE DAY: The Father shall have custody of the Children for the Independence Day holiday in even numbered years and the Mother shall have custody in odd numbered years. When the holiday falls on a Friday through Sunday, the holiday period shall be the same as for Memorial Day and Labor Day. When the holiday falls on a Tuesday through Thursday, the holiday custodial period shall run from 9:00 a.m. through 6:00 p.m. on the day of the holiday. 6. The parties shall communicate by email every Sunday evening concerning significant information or developments concerning the Children and/or their schedules. 7. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. Neither party shall relocate with the Children outside of Central Pennsylvania without giving the other party at least sixty days advance notice and filing a Petition with this Court for modification of this Order. 9. Neither party shall consume alcohol to excess in the presence of the Children. Neither party shall operate a motor vehicle with the Children in the vehicle after drinking to excess or while intoxicated. 10. The parties agree that there shall be no adjustment of the child support under the Pennsylvania Support Guidelines based upon the above schedule. Any support Order entered while this schedule is in effect shall be entered on the basis that the Mother has the Children with her more than sixty percent of the overnights each calendar year. 11. This Order is 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. J. Wesley Oler, Jr. cc: Barbara Sumple-Sullivan, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother I T - COPY FROM RECORD In T irMny WhFPPn4 I ?,nto set my head ® isle, Pa.. BY THE COURT, RICHARD J. CANTOR Plaintiff vs. PATRICIA E. CANTOR Defendant Prior Judge: J.Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric B. Cantor September 25, 1990 Mother Drew M. Cantor July 10, 1993 Mother Cole J. Cantor October 6, 1998 Mother 2. A custody conciliation conference was held on March 31, 2006, which was concluded before a comprehensive agreement was reached as the parties had a support conference scheduled immediately following the conciliation. The conciliation was continued until July 28, 2006 when the remaining issues were addressed at an additional conference. The following individuals attended both conferences: The Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, and the Mother, Patricia E. Cantor, with her counsel, Samuel L. Andes. 3. At t he July 2 8, 2 006 c onference, t he p arties a greed t o e ntry o f a n 0 rder i n t he form a s attached, except for the question of retention of the existing provision regarding non- modification of child support based upon resultant changes to the custody schedule. The Father and his counsel requested an opportunity to review that issue further before committing to the provision. The conciliator agreed to hold the matter until notification by the Father's counsel the following week. Subsequently other issues arose between the parties leading to extension of time for forwarding the proposed Order until September 15, and an additional request from the Mother's counsel for a further extension until September 30, 2006. whereupon if the conciliator did not hear anything to the contrary from the parties, the terms of the parties' agreement at both conciliation conferences would be forwarded to the Court. As no further communicadon was received from counsel by the date of this Report and in light of the fact that Us: matter has been pending since March 2006, the conciliator recommends entry of an Oiddr in the form as attached reflecting the parties' agreement at the conferences. Date Dawn S. Sunday, Esquire Custody Conciliator y 4 ?_J i ??T '?,.1 - ? ,._? t?J C\" ? ttit •? ~?? ?1,,, ? ? ?i ' ?. t?` t RICHARD J. CANTOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA E. CANTOR DEFENDANT 2002-1303 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, August 27, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 28, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all 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/ Dawn S. Sunda 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 `tf VVIA-I ?, INI NI ld i C =z W18 9Z Sn V LOOZ SEP 10 20070" PATRICIA M. CANTOR IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-1303 CIVIL ACTION LAW RICHARD J. CANTOR Defendant IN CUSTODY ORDER OF COURT AND NOW, this 16 l day of z, 4 . 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Kasey Shienvold or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. The costs of the evaluation initially shall be shared between the parties, with the Father paying 70% and the Mother paying 30% of the evaluation costs subject to later adjustment by the Court, if deemed appropriate. 2. Within sixty (60) days of completion of the custody evaluation and receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 3. All issues raised in the Father's Petition for Contempt and the Mother's Petition for Modification shall be preserved pending completion of the custody evaluation and further Order of Court or agreement of the parties. cc: y(arbara Sumple-Sullivan, Esquire - Counsel for F /amuel L. Andes, Esquire - Counsel for Mother BY THE COURT, C%j PATRICIA M. CANTOR Plaintiff vs. RICHARD J. CANTOR Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 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 th follows: NAME DATE OF BIRTH Eric B. Cantor September 25, 1990 Drew M. Cantor July 10, 1993 Cole J. Cantor October 6, 1998 e Children who are the subjects of this litigation is as CURRENTLY IN CUSTODY OF Mother/Father Mother/Father Mother/Father 2. A custody conciliation conference was held on August 31, 2007, with the following individuals in attendance: the Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, Esquire, and the Mother, Patricia M. Cantor, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 61-00 -7 Date Dawn S. Sunday, Esquire Custody Conciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 PETITION FOR EMERGENCY RELIEF 1. Petitioner is Plaintiff, Richard J. Cantor, an adult individual residing at 33 Ashton Street, Carlisle, Cumberland County, Pennsylvania. 17015. 2. Respondent is Defendant, Patricia E. Cantor, an adult individual residing at 3 Tyler Court, Carlisle, Cumberland County, Pennsylvania 17015. Respondent is currently remarried to Brian Taylor. 3. The parties are the natural parents of three (3) children. Two (2) of the parties' children are presently minors: being Drew M. Cantor (Born July 10, 1993) and Cole J. Cantor (Born October 16, 1998). The parties' child, Eric B. Cantor, is presently emancipated and living away. 4. Numerous and continuing issues have been encountered by the Petitioner regarding custody, especially related to exchanges. 5. The parties are subject to the Order of Court entered in this matter on October 4, 2006 providing for shared legal and physical custody of the children between the parties. A true and correct copy of same is attached hereto as Exhibit "A." 6. The Order further provides at Paragraph 7 that the parent receiving custody of the children shall be responsible to provide transportation for the exchanges. The exchanges were to be taking place at the home of the parent relinquishing custody. 7. On or about August 6, 2009, Petitioner was at the home of their son's friend to pick the child up. Respondent and her husband became aware that Petitioner was at the home of this child's friend, came to the home in anger over a perceived issue with their eldest son, pursued and confronted Petitioner, and then lunged at him, grabbing his arm and lacerating into his wrist causing a wound. 8. After said altercation Petitioner filed a police report, forwarded a warning letter to Respondent to refrain from future abusive behaviors, and filed a harassment claim against Respondent, which action is pending adjudication at the District Magistrate Court but not yet adjudicated. 9. Upon the filing of the police report and harassment action, Respondent advised Petitioner that, upon advice of counsel, she was refusing to come to his home or 2 street to pick up their children. She indicated she refused to pick up the children unless Petitioner dropped the charges. 10. On or about September 18, 2009, in an effort to effectuate the custodial change, Petitioner then proceeded to return the child, Cole Cantor, to the Respondent's house at 8:00 a.m. as was customary after dropping his son, Drew Cantor, off at school. 11. After the child exited the car, Respondent's husband became irate and charged the vehicle in which Petitioner was sitting at the curb in front of Respondent's property. Petitioner drove away to avoid a confrontation. 12. Respondent's husband, Brian Taylor, then contacted the Carlisle Police and filed a harassment action against Petitioner for allegedly flicking a toothpick on to a sidewalk in front of Respondent's home. 13. Allegations made by Respondent's husband, Brian Taylor, to the police were untrue. However, based on those allegations, a citation was issued by the Carlisle Police against Petitioner for flicking a toothpick. 14. Petitioner is fearful due to the aggressive and irrational actions of Respondent and her husband. 3 21. Petitioner requests that this Honorable Court modify the Order of Court dated October 4, 2006, at Paragraph 7 to require the custodial exchange cite be modified to the State Police Station parking lot in Carlisle. 22. Petitioner further requests that the Order include restrictions requiring the parties to remain in their vehicles at the time of the exchange. 23. Additionally, given the recent police involvement between Petitioner and Respondent's husband, Brian Taylor, Petitioner requests that this Honorable Court restrict Mr. Taylor from being present at any custodial exchange between the parties. This will further ease the tension when the children are present. 24. The Honorable Judge Oler had previously been assigned to this custody docket. 25. Counsel for Respondent has not provided concurrence with this Petition. However, Attorney for Defendant has indicated that he believes this matter can be resolved by a telephone conference between the Court and counsel. Attorney for Plaintiff has no objection to this procedure in lieu of the more protracted route of conciliation and/or rule. 5 WHEREFORE, Petitioner respectfully requests this Honorable Court issue an Order modifying the October 4, 2006 Order to include: 1) Paragraph 7 shall be modified to provide that all custodial exchanges between the parties shall take place at the State Police Station parking lot in Carlisle, Pennsylvania. Also, the parties shall remain in their vehicles at the time of exchange; 2) Respondent's husband, Brian Taylor, shall be restricted from being present at any custodial exchange between the parties; and 3) Any other remedy the Court deems equitable. submitted, DATE: October 12, 2009 $m---Fumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Counsel for Petitioner 6 EXHIBIT "A" OC i 4 4 2006 RICHARD J. CANTOR IN THE COURT OF COMMON LEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-1303 CIVIL ACTION LAW PATRICIA E. CANTOR Defendant IN CUSTODY ORDER OF COURT AND NOW this `7 day of 6-j- , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 9, 2002, incorporating the terms of the parties' Stipulation, is vacated and replaced with this Order. 2. The Mother, Patricia M. Cantor, and the Father, Richard J. Cantor, shall have shared legal custody of Eric B. Cantor, born September 25, 1990, Drew M. Cantor, born July 10, 1993, and Cole J. Cantor, born October 16, 1998. Both parties shall cooperate with each other and with all schools, physicians, health care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the Children. In the event, however, that either party is not immediately available in the event of an emergency, and a decision must be make regarding the care of the Children because of such emergency, the parent present with the Child or Children shall be authorized to make a decision for the best interest and care of the Child or Children so affected and shall promptly notify the other parent of the situation and of the decision made. 3. The Father shall have custody of the Children in accordance with the following schedule: A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. B. Every week from Thursday at 6:00 p.m. through Friday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. C. On alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. during the school year or through Monday morning at 8:00 a.m. during the Summer, when the Father shall transport the Children to the Mother's residence before work. D. The Mother shall have custody of the Children at all other times. 4. Each party shall have custody of the Children for three weeks of vacation each calendar year, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of seven days each, which shall not be consecutive, and shall include that parent's weekend time with the Children. The parties shall not remove the Children from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the Children for such vacations during the school year every other year. The parties shall notify each other by April is` of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March lst of each year, shall provide the other parent with thirty days advance written notice. The parties shall not schedule vacation time under this provision to interfere with the other party's holiday custody unless otherwise agreed between the parties. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Children from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 8:00 p.m., the Mother shall have custody from December 26 at 8:00 p.m. through December 30 at 8:00 p.m., and the Father shall have custody from December 30 at 8:00 p.m. through January 1 at 8:00 p.m. In odd numbered years, The Mother shall have custody from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 9:00 a.m., and the Mother shall have custody from December 29 at at 9:00 a.m. through January 1 at 8:00 p.m. B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from Wednesday at 4:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children in 2006 and the Mother shall have custody in 2007. Thereafter, the Father shall have custody over Thanksgiving for two consecutive years, the Mother shall have one year, the Father shall have the next two consecutive years, and continuing in the same pattern. C. EASTER; The Easter holiday period of custody shall run from the last day of school before the break at 6:00 p.m. through the day before school resumes at 6:00 p.m. The parties shall exchange custody of the Children half-way through the Easter school break, with the Father having custody during the first half in even numbered years and the Mother having custody during the first half in odd numbered years. The parent who does not have custody during the Easter Sunday half of the school break shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend. In the event the holiday falls on the other parent's weekend, the parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule. E. MEMORIAL DAY/LABOR DAY: The holiday periods of custody under this provision shall include the entire regular weekend period extended through the Monday holiday at 6:00 p.m. In even numbered years, the Mother shall have custody for both holiday weekends and in odd numbered years, the Father shall have custody for both holidays. The parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule if the holiday schedule interrupts it. F. INDEPENDENCE DAY: The Father shall have custody of the Children for the Independence Day holiday in even numbered years and the Mother shall have custody in odd numbered years. When the holiday falls on a Friday through Sunday, the holiday period shall be the same as for Memorial Day and Labor Day. When the holiday falls on a Tuesday through Thursday, the holiday custodial period shall run from 9:00 a.m. through 6:00 p.m. on the day of the holiday. 6. The parties shall communicate by email every Sunday evening concerning significant information or developments concerning the Children and/or their schedules. 7. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. Neither party shall relocate with the Children outside of Central Pennsylvania without giving the other party at least sixty days advance notice and filing a Petition with this Court for modification of this Order. 9. Neither party shall consume alcohol to excess in the presence of the Children. Neither party shall operate a motor vehicle with the Children in the vehicle after drinking to excess or while intoxicated. 10. The parties agree that there shall be no adjustment of the child support under the Pennsylvania Support Guidelines based upon the above schedule. Any support Order entered while this schedule is in effect shall be entered on the basis that the Mother has the Children with her more than sixty percent of the overnights each calendar year. 11. This Order is 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. cc: Barbara Sumple-Sullivan, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother Aae E COPY FROM RE'CI set my eal of al ;lePaI l 1 _ ? y wYaTl I BY THE COURT, RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR Defendant Prior Judge: J.Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric B. Cantor September 25, 1990 Mother Drew M. Cantor July 10, 1993 Mother Cole J. Cantor October 6, 1998 Mother 2. A custody conciliation conference was held on March 31, 2006, which was concluded before a comprehensive agreement was reached as the parties had a support conference scheduled immediately following the conciliation. The conciliation was continued until July 28, 2006 when the remaining issues were addressed at an additional conference. The following individuals attended both conferences: The Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, and the Mother, Patricia E. Cantor, with her counsel, Samuel L. Andes. 3. At t he July 2 8, 2 006 c onference, t he p arties a greed t o e ntry o f a n 0 rder i n t he f orm a s attached, except for the question of retention of the existing provision regarding non- modification of child support based upon resultant changes to the custody schedule. The Father and his counsel requested an opportunity to review that issue further before committing to the provision. The conciliator agreed to hold the matter until notification by the Father's counsel the following week. Subsequently other issues arose between the parties leading to extension of time for forwarding the proposed Order until September 15, and an additional request from the Mother's counsel for a further extension until September 30, 2006. whereupon if the conciliator did not hear anything to the contrary from the parties, the terms of the parties' agreement at both conciliation conferences would be forwarded to the Court. As no further communication was received from counsel by the date of this Report and in light of the fact that this matter has been pending since March 2006, the conciliator recommends entry of an Order in the form as attached reflecting the parties' agreement at the conferences. Date Dawn S. Sunday, Esquire Custody Conciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PATRICIA M. CANTOR, Plaintiff PENNSYLVANIA V. RICHARD J. CANTOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION -CUSTODY NO. 02-1303 VERIFICATION I, RICHARD J. CANTOR, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: IQ 1240 1 E (-CHARD J. CANTOR ,J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY PATRICIA M. CANTOR, Defendant NO. 02-1303 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of Plaintiff's Petition for Emergency Relief, in the above-captioned matter upon the following individual by United States first-class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Date: October 12, 2009 Barbara Sumple-Sullivan, Esquire Attorney for Defendant - Supreme Court I.D. 32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 p r Zb?OUi 12 pi l? tit X70. ov 4L 4--llf CK.? ?lD33 'P-79-? d2 I PI 18 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA E. CANTOR, Defendant NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 14'h day of October, 2009, upon consideration of Plaintiff's Petition for Emergency Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, i Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff ZZSamuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc ?oq to ?rq TK: 21CH QCI T 14 PH 1: 56 ?' ,-,', RICHARD J. CANTOR, Plaintiff vs. PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Defendant, by her attorney Samuel L. Andes, and makes the following Answer to Plaintiff's Petition for Emergency Relief: 1. Admitted. 2. Denied. Defendant resides at 527 Mooreland Avenue in Carlisle, Pennsylvania. 3. Admitted. 4. Denied as stated. Although it is acknowledged that the parties have experienced difficulties with regard to custody, including problems relating to their exchanges of physical custody, Defendant states that the problems are caused by Plaintiff and his attitude and his refusal to communicate with Defendant. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. it is admitted that Defendant encountered Plaintiff at the home of a friend of one of the children. Defendant denies that she confronted Plaintiff, lunged at him, or wounded him. To the contrary, Defendant states that she attempted to discuss with Plaintiff problems with one of their children and Plaintiff refused to discuss the matter and turned to leave the room. When Plaintiff turned, Defendant touched his arm in an effort to engage him in discussion and Plaintiff pulled away and left the room. 8. Defendant admits that Plaintiff filed a complaint with the District Magistrate which is awaiting some disposition. 9. Admitted in part and denied in part. It is admitted that Defendant has declined to go to Plaintiff's home, but denied that she has refused to pick up the children unless he drops the citation he has filed against her. She declined to go to Plaintiff's home to pick up the children because she received a letter from an attorney or law office representing Plaintiff warning her not to go there or she could be the subject of a protection from abuse action or other legal action and because she wants to avoid any further accusations by Plaintiff. 10. Admitted. 11. Denied. Defendant's did not "charge" Plaintiff's vehicle, in fact, did not approach the vehicle or take any other action to cause a confrontation. 12. Denied as stated. Defendant and her husband contacted the police about Plaintiff's conduct when Plaintiff comes to Defendant's home. As a result of the investigation by the police, a citation was issued against Plaintiff and that matter is currently awaiting disposition. 13. Denied. The statements made by Brian Taylor to the police were accurate. The police made an independent judgment to issue the citation to the Plaintiff for more reason than "flicking a toothpick." 14. Denied as stated. Defendant denies that her actions have been "aggressive and irrational" or have given Plaintiff any reason to be fearful. 15. Defendant denies the statements made in Paragraph 15 as to the cause of any need for a neutral location for the exchanges, but admits that it is in the best interest of the parties that such a neutral location be established. By way of further answer, she states that the parties have, on some occasions since these problems arose, been able to work out an exchange of custody at a playground near Defendant's home. She feels strongly that the children should not be subjected to custody exchanges at a police station. 16. Denied. There is no reason for Plaintiff to fear for his safety or that the custody exchanges took place in a "monitored and secured" public setting. Defendant believes that any neutral location, particularly any public one, will avoid future disputes or confrontations between the parties at the custody exchanges. 17. Defendant admits that Plaintiff has made such request but denies that the request and the location for exchanges proposed by Plaintiff is a reasonable one. The children have expressed strong and adamant opposition to having to go to a police station or similar location for their custodial exchanges. The children fear public embarrassment by such an exchange location. 18. Defendant admits Plaintiff proposed such alternative location but states that such a location for exchanges is satisfactory for the reasons set forth in her Answer to Paragraph 17 above. 19. Admitted. By way of further answer, Defendant has acknowledged a willingness to exchange custody at a public restaurant or other public locations other than a police station. 20. Denied. There is no reason why Plaintiff and Defendant cannot exchange custody of the children at a public location without either of them exiting their vehicles or having any communication with each other at the time of exchange. 21. Defendant admits that Plaintiff has made such requests but denies that it is appropriate given the ages and wishes of the children. Defendant proposes a public location, such as a restaurant for future custodial exchanges. 22. Admitted. Defendant concurs in that request and suggestion. 23. Denied. Defendant denies that her husband Brian Taylor has done anything that would ease tension or has otherwise done anything improper. She is willing to include in the order a prohibition upon anyone other than Plaintiff and Defendant being present at the custodial exchanges as long as the order requires both parties to be punctual for such custody exchanges. 24. Admitted. 25. Admitted. WHEREFORE, Defendant prays that Petitioner's Petition for Emergency Relief be denied or, in the alternative, that the parties be directed to conduct future custody exchanges of their children at the McDonald's restaurant in Carlisle or another neutral, but public, location and that only Plaintiff and Defendant be present with the children for such custodial exchanges, and that both parties be punctual and appear at the appointed time for all such custody exchanges. Samuel L. Andes Attorney for Defendant 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: 10 21zlog- vablw E &K+rT,OAK PATRICIA E. CANTOR-TAYLOR Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: 26 October 2009• Amy M. arkins Secretary for Samuel L. Andes FILE -O !r,'E OF THE PROTHONOTARY 2009 OCT 27 PM 1: 12 PE, RICHARD J. CANTOR, Plaintiff V. PATRICIA E. CANTOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 28 h day of October, 2009, upon consideration of Plaintiff's Petition for Emergency Relief, and following a telephone conference in which Plaintiff was represented by Barbara Sumple-Sullivan, Esq., and Defendant was represented by Samuel L. Andes, Esq., it is ordered and directed as follows, pending further order of court or as otherwise agreed by the parties: 1. Exchanges of custody shall take place at the State Police Station parking lot across from the Carlisle Hospital in Carlisle, Cumberland County, Pennsylvania; 2. The parties' spouses or significant others shall not be present for the exchanges of custody; and 3. Neither party shall leave his or her vehicle at the time of the exchanges. ? Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc BY THE COURT, esley Ol , J ., ,. ?o? i s rn? t LL QLEtD r- FICE OF THE PROTHONOTARY 2009 OCT 28 PM 3: b 7 Li Jir rtq.y.Y. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 PETITION FOR CONTEMPT 1. Petitioner is Plaintiff, Richard J. Cantor, an individual residing at 33 Ashton Street, Carlisle, Pennsylvania 17015. 2. Respondent is Defendant, Patricia M. Cantor, an individual residing at 527 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and Respondent are the natural parents of three (3) children. Two (2) of the parties' children are presently minors: Drew M. Cantor (D.O.B. 7/10/1993) and Cole J. Cantor (D.O.B. 10/06/1998). The parties' child, Eric B. Cantor, is presently emancipated and living away. 4. The parties are subject to the Order of Court entered in this matter on October 4, 2006 providing for shared legal and physical custody of the children between the parties. A true and correct copy of same is attached hereto as Exhibit A. 1 5. Numerous and continuing issues have been encountered by the Petitioner regarding custody, especially related to exchanges. 6. As a result of these issues, Petitioner filed a Petition for Emergency Relief on October 12, 2009 seeking the Court's intervention to require the custodial exchanges take place in a public setting (the State Police Station parking lot in Carlisle, PA) and that Respondent's husband, Brian Taylor, be restricted from being present at any custodial exchange. 7. After a telephone conference between counsel for both parties and the Honorable Judge Oler, an Order was entered on October 28, 2009, which provided: Exchanges of custody shall take place at the State Police Station parking lot across from the Carlisle Hospital in Carlisle, Cumberland County, Pennsylvania; 2. The parties' spouses or significant others shall not be present for the exchanges of custody; and 3. Neither party shall leave his or her vehicle at the time of the exchanges. A true and correct copy of the Order dated October 28, 2009 is attached hereto as Exhibit B. 2 8. Although the October 28, 2009 Order has only been effective for less than two weeks, Respondent has already willfully failed to comply with Paragraph 1 of same. 9. Specifically, on Thursday, November 5, 2009, the custodial exchange for both of the parties' sons was to take place at the State Police Station parking lot where Respondent was to relinquish custody of the children to Petitioner. 10. Petitioner waited for twenty minutes (20) at the State Police Station parking lot for Respondent to bring the children. Petitioner then contacted Respondent via text message to determine when she would be arriving. Respondent replied via text message that they would not be coming because the children refused to be dropped off at the State Police Station parking lot. 11. Petitioner left and indicated through text message to Respondent that he expected Cole to be at the exchange place on Friday, November 6, 2009, in accordance with the Orders. 12. Petitioner had previously coordinated his custodial periods with Drew for Friday through Sunday by picking him up and dropping him off at Drew's friend's house. 13. On Friday, November 6, 2009, Petitioner waited for twenty-five (25) minutes at the State Police Station parking lot for Respondent to bring Cole. Petitioner then contacted Respondent via text message to determine when she would be arriving. Respondent replied via text message that Cole was not at her house and she had an injection for a migraine and could not drive anyway. 14. Petitioner received no prior communication that she would not be meeting Respondent at the required exchange place until Petitioner contacted her after the exchange time had already passed. 15. The public exchanges at the State Police Station parking lot are necessary, were sought in an effort to avoid confrontation between the parties and are presently Court Ordered. 16. Respondent's failure to comply with the Orders is willful and continues to further alienate the children from their Father. 17. Petitioner did not have any custodial period with his sons, Drew and Cole, as required by the custodial schedule for Thursday, November 5, 2009 overnight. 4 Additionally, Petitioner did not have any custodial periods with his son, Cole, Friday, November 6, 2009 through Sunday, November 8, 2009 as required by the custodial schedule. The only contact Petitioner had with Cole during this time period was proceeding to watch his soccer game on Saturday, November 7, 2009 at a public field. 18. Respondent continues to make exercise of Petitioner's custodial periods very stressful for the children and Petitioner. She continues to fully disregard the Custody Orders. 19. Petitioner is fearful that Respondent will not make the children available to him at his scheduled custodial period today, Tuesday, November 10, 2009 at 6:00 p.m. at the required exchange place. 20. The Honorable Judge J. Wesley Oler, Jr. has been assigned to this custody matter. 21. Counsel for Respondent has not provided concurrence with this Petition. 22. Petitioner requests a hearing be scheduled: a. To schedule make up time for custodial days lost by Petitioner with the children; b. To enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition which fees shall be at least seven hundred fifty dollars ($750.00). c. To hold Respondent in contempt and to fine and/or otherwise incarcerate Respondent for said contempt. WHEREFORE, Petitioner requests that Respondent be held in contempt of Court and requests an Order be entered granting the relief requested as set forth in the proposed Order. DATE: November 10, 2009 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 6 naroara 3umpie-auiiivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 EXHIBIT "A„ RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR Defendant OCT442006 IN THE COURT OF COMMON LEIiS G CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 4- day of - 0,1-consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 2006, upon 1. The prior Order of this Court dated May 9, 2002, incorporating the terms of the parties' Stipulation, is vacated and replaced with this Order. 2. The Mother, Patricia M. Cantor, and the Father, Richard J. Cantor, shall have shared legal custody of Eric B. Cantor, born September 25, 1990, Drew M. Cantor, born July 10, 1993, and Cole J. Cantor, born October 16, 1998. Both parties shall cooperate with each other and with all schools, physicians, health care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the Children. In the event, however-, that either party is not immediately available in the event of an emergency, and a decision must be make regarding the care of the Children because of such emergency, the parent present with the Child or Children shall be authorized to make a decision for the best interest and care of the Child or Children so affected and shall promptly notify the other parent of the situation and of the decision made. 3. The Father shall have custody of the Children in accordance with the following schedule: A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. B. Every week from 'Thursday at 6:00 p.m. through Friday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. C. On alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. during the school year or through Monday morning at 8:00 am. during the Summer, when the Father shall transport the Children to the Mother's residence before work. D. The Mother shall have custody of the Children at all other times. 4. Each parry shall have custody of the Children for three weeks of vacation each calendar year, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of seven days each, which shall not be consecutive, and shall include that parent's weekend time with the Children. The parties shall not remove the Children from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the Children for such vacations during the school year every other year. The parties shall notify each other by April i st of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March 1" of each year, shall provide the other parent with thirty days advance written notice. The parties shall not schedule vacation time under this provision to interfere with the other party's holiday custody unless otherwise agreed between the parties. 5. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Children from December 24 at 9:00 am. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 8:00 p.m., the Mother shall have custody from December 26 at 8:00 p.m. through December 30 at 8:00 p.m., and the Father shall have custody from December 30 at 8:00 p.m. through January 1 at 8:00 p.m. In odd numbered years, The Mother shall have custody from December 24 at 9:00 am. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 9:00 am., and the Mother shall have custody from December 29 at at 9:00 am. through January 1 at 8:00 p.m. B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from Wednesday at 4:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children in 2006 and the Mother shall have custody in 2007. Thereafter, the Father shall have custody over Thanksgiving for two consecutive years, the Mother shall have one year, the Father shall have the next two consecutive years, and continuing in the same pattern. C. EASTER, The Easter holiday period of custody shall run from the last day of school before the break at 6:00 p.m. through the day before school resumes at 6:00 p.m. The parties shall exchange custody of the Children half-way through the Easter school break, with the Father having custody during the first half in even numbered years and the Mother having custody during the first half in odd numbered years. The parent who does not have custody during the Easter Sunday half of the school break shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend. In the event the holiday falls on the other parent's weekend, the parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule. E. MEMORIAL DAY/LABOR DAY: The holiday periods of custody under this provision shall include the entire regular weekend period extended through the Monday holiday at 6:00 p.m. In even numbered years, the Mother shall have custody for both holiday weekends and in odd numbered years, the Father shall have custody for both holidays. The parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule if the holiday schedule interrupts it. F. INDEPENDENCE DAY: The Father shall have custody of the Children for the Independence Day holiday in even numbered years and the Mother shall have custody in odd numbered years. When the holiday falls on a Friday through Sunday, the holiday period shall be the same as for Memorial Day and Labor Day. When the holiday falls on a Tuesday through Thursday, the holiday custodial period shall run from 9:00 a.m. through 6:00 p.m. on the day of the holiday. 6. The parties shall communicate by email every Sunday evening concerning significant information or developments concerning the Children and/or their schedules. 7. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. Neither party shall relocate with the Children outside of Central Pennsylvania without giving the other party at least sixty days advance notice and filing a Petition with this Court for modification of this Order. 9. Neither party shall consume alcohol to excess in the presence of the Children. Neither party shall operate a motor vehicle with the Children in the vehicle after drinking to excess or while intoxicated. 10. The parties agree that there shall be no adjustment of the child support under the Pennsylvania Support Guidelines based upon the above schedule. Any support Order entered while this schedule is in effect shall be entered on the basis that the Mother has the Children with her more than sixty percent of the overnights each calendar year. 11. This Order is 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. cc: Barbara Sumple-Sullivan, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother -rDUE COPY FROM RECM t?orr? ??F,? ?l ,: set my ildyNUd a seal o€ BY THE COURT, RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR Defendant Prior Judge: J.Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric B. Cantor September 25, 1990 Mother Drew M. Cantor July 10, 1993 Mother Cole J. Cantor October 6, 1998 Mother 2. A custody conciliation conference was held on March 31, 2006, which was concluded before a comprehensive agreement was reached as the parties had a support conference scheduled immediately following the conciliation. The conciliation was continued until July 28, 2006 when the remaining issues were addressed at an additional conference. The following individuals attended both conferences: The Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, and the Mother, Patricia E. Cantor, with her counsel, Samuel L. Andes. 3. At the July 2 8, 2 005 conference, t 11e p artieS agreed t to e IIn-y o f an v^ rder in t he form a s attached, except for the question of retention of the existing provision regarding non- modification of child support based upon resultant changes to the custody schedule. The Father and his counsel requested an opportunity to review that issue further before committing to the provision. The conciliator agreed to hold the matter until notification by the Father's counsel the following week. Subsequently other issues arose between the parties leading to extension of time for forwarding the proposed Order until September 15, and an additional request from the Mother's counsel for a further extension until September 30, 2006. whereupon if the conciliator did not hear anything to the contrary from the parties, the terms of the parties' agreement at both conciliation conferences would be forwarded to the Court. As no further communication was received from counsel by the daze of this Report and in light of the fact that this matter has been pending since March 2006, the conciliator recommends entry of an Order in the form as attached reflecting the parties' agreement at the conferences. Oct I-t 3_ ?2ooG Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT "B" RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATRICIA E. CANTOR, : Defendant NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 28a' day of October, 2009, upon consideration of Plaintiff's Petition for Emergency Relief, and following a telephone conference in which Plaintiff was represented by Barbara Sumple-Sullivan, Esq., and Defendant was represented by Samuel L. Andes, Esq., it is ordered and directed as follows, pending further order of court or as otherwise agreed by the parties: 1. Exchanges of custody shall take place at the State Police Station parking lot across from the Carlisle Hospital in Carlisle, Cumberland County, Pennsylvania; 2. The parties' spouses or significant others shall not be present for the exchanges of custody; and 3. Neither party shall leave his or her vehicle at the time of the exchanges. arbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc BY THE COURT, esley O1 , J ., COPY FROM E-ORU 4 ' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 VERIFICATION I, RICHARD J. CANTOR, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: o b7_ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: DATE: November 10, 2009 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 14 1't,}i 7a. 06Id- gill 5- /0 4-- a 3 3 3,; -? Barbara Sumple-Sullivan, Esquire Supreme Court 932317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 PETITION FOR EMERGENCY RELIEF 1. Petitioner is Plaintiff, Richard J. Cantor, an individual residing at 33 Ashton Street, Carlisle, Pennsylvania 17015. 2. Respondent is Defendant, Patricia E. Cantor-Taylor, an individual residing at 527 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and Respondent are the natural parents of three (3) children. Two (2) of the parties' children are presently minors: Drew M. Cantor (D.O.B. 7/10/1993) and Cole J. Cantor (D.O.B. 10/06/1998). The parties' child, Eric B. Cantor, is presently emancipated and living away. 4. The parties are subject to the Order of Court entered in this matter on October 4, 2006 providing for shared legal and physical custody of the children between the parties. A true and correct copy of same is attached hereto as Exhibit A. After Petitioner filed a Petition for Emergency Relief, this Court entered an Order dated October 28, 2009 requiring that custody exchanges occur at the State Police Station parking lot in Carlisle, PA due to existing conflicts between the parties. A true and correct copy of the Order dated October 28, 2009 is attached hereto as Exhibit B. 6. Since the entry of the October 28, 2009 Order, Respondent has refused to have the children available at that location for the exchanges. 7. On November 10, 2009, Petitioner filed a Petition for Contempt which is pending and has not been forwarded to or heard by the conciliator. A true and copy of the Petition for Contempt is attached hereto as Exhibit C. 8. Petitioner's counsel also attempted to contact Respondent's counsel by telephone and by fax to arrange for the exchanges in accordance with the terms of the Order. A true and correct copy of the correspondence exchanged by fax is attached hereto as Exhibit D. 9. Petitioner is fearful that without intervention of the Court, he will not have custody of his children for the upcoming Thanksgiving holiday. 2 10. Respondent's failure to comply with the Orders is willful and continues to further alienate the children from their Father. 11. Respondent continues to make Petitioner's attempts to exercise his custodial periods very stressful. She continues to fully disregard the Court's Orders. 12. As indicated in Petitioner's Petition for Contempt, Petitioner did not have any custodial period with his sons, Drew and Cole, as required by the custodial schedule for Thursday, November 5, 2009 overnight. Additionally, Petitioner did not have any custodial periods with his son, Cole, Friday, November 6, 2009 through Sunday, November 8, 2009 as required by the custodial schedule. The only contact Petitioner had with Cole during this time period was proceeding to watch his soccer game on Saturday, November 7, 2009 at a public field. 13. Since the Petition for Contempt was filed, Petitioner was also denied his scheduled custodial periods on Tuesday, November 10, 2009 overnight to Wednesday, November 11, 2009 and Thursday, November 12, 2009 overnight to Friday November 13, 2009. 14. The Honorable Judge J. Wesley Oler, Jr. has been assigned to this custody 3 matter. 15. Counsel for Respondent has not provided concurrence with this Petition. Wherefore, Petitioner respectfully requests this Court: a) Direct and order Respondent's immediate compliance with the Orders of October 4, 2006 and October 28, 2009, specifically presenting the children at the exchange location for all scheduled custodial exchanges, including the Thanksgiving holiday from Wednesday, November 25, 2009 at 4:00 p.m. through Sunday, November 29, 2009 at 8:00 p.m.; b) Direct that Respondent appear for a hearing before the Court on the Petition for Contempt and this Petition for Emergency Relief; c) Direct Respondent to provide make up time to Petitioner for all periods of custody lost as a result of Respondent's failure to present the children for custody exchanges in accordance with the Court's Orders dated October 4, 2006 and October 28, 2009. d) Direct Respondent reimburse Petitioner all counsel fees incurred in preparation of this petition and attempting to secure Respondent's compliance with the Orders of Court dated October 4, 2006 and October 28, 2009. _ Date: November 17, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 4 Exhibit A RICHARD J. CANTOR Plaintiff vs. PATRICIA E. CANTOR Defendant OCT 0 4 2006 IN THE COURT OF COMMON LEAS OF `J CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon -o-'el , consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of this Court dated May 9, 2002, incorporating the terms of the parties' Stipulation, is vacated and replaced with this Order. 2. The Mother, Patricia M. Cantor, and the Father, Richard J. Cantor, shall have shared legal custody of Eric B. Cantor, born September 25, 1990, Drew M. Cantor, born July 10, 1993, and Cole J. Cantor, born October 16, 1998. Both parties shall cooperate with each other and with all schools, physicians, health care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the Children. In the event, however, that either party is not immediately available in the event of an emergency, and a decision must be make regarding the care of the Children because of such emergency, the parent present with the Child or Children shall be authorized to make a decision for the best interest and care of the Child or Children so affected and shall promptly notify the other parent of the situation and of the decision made. 3. The Father shall have custody of the Children in accordance with the following schedule: A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. B. Every week from Thursday at 6:00 p.m. through Friday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. C. On alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. during the school year or through Monday morning at 8:00 a.m. during the Summer, when the Father shall transport the Children to the Mother's residence before work. D. The Mother shall have custody of the Children at all other times. 4. Each party shall have custody of the Children for three weeks of vacation each calendar year, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of seven days each, which shall not be consecutive, and shall include that parent's weekend time with the Children. The parties shall not remove the Children from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the Children for such vacations during the school year every other year. The parties shall notify each other by April 1St of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March 1St of each year, shall provide the other parent with thirty days advance written notice. The parties shall not schedule vacation time under this provision to interfere with the other party's holiday custody unless otherwise agreed between the parties. 5. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Children from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 8:00 p.m., the Mother shall have custody from December 26 at 8:00 p.m. through December 30 at 8:00 p.m., and the Father shall have custody from December 30 at 8:00 p.m. through January 1 at 8:00 p.m. In odd numbered years, The Mother shall have custody from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 9:00 a.m., and the Mother shall have custody from December 29 at at 9:00 am. through January 1 at 8:00 p.m. B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from Wednesday at 4:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children in 2006 and the Mother shall have custody in 2007. Thereafter, the Father shall have custody over Thanksgiving for two consecutive years, the Mother shall have one year, the Father shall have the next two consecutive years, and continuing in the same pattern. C. EASTER; The Easter holiday period of custody shall run from the last day of school before the break at 6:00 p.m. through the day before school resumes at 6:00 p.m. The parties shall exchange custody of the Children half-way through the Easter school break, with the Father having custody during the first half in even numbered years and the Mother having custody during the first half in odd numbered years. The parent who does not have custody during the Easter Sunday half of the school break shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend. In the event the holiday falls on the other parent's weekend, the parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule. E. MEMORIAL DAY/LABOR DAY: The holiday periods of custody under this provision shall include the entire regular weekend period extended through the Monday holiday at 6:00 p.m. In even numbered years, the Mother shall have custody for both holiday weekends and in odd numbered years, the Father shall have custody for both holidays. The parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule if the holiday schedule interrupts it. F. INDEPENDENCE DAY: The Father shall have custody of the Children for the Independence Day holiday in even numbered years and the Mother shall have custody in odd numbered years. When the holiday falls on a Friday through Sunday, the holiday period shall be the same as for Memorial Day and Labor Day. When the holiday falls on a Tuesday through Thursday, the holiday custodial period shall run from 9:00 a.m. through 6:00 p.m. on the day of the holiday. 6. The parties shall communicate by email every Sunday evening concerning significant information or developments concerning the Children and/or their schedules. 7. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. Neither party shall relocate with the Children outside of Central Pennsylvania without giving the other party at least sixty days advance notice and filing a Petition with this Court for modification of this Order. 9. Neither party shall consume alcohol to excess in the presence of the Children. Neither party shall operate a motor vehicle with the Children in the vehicle after drinking to excess or while intoxicated. 10. The parties agree that there shall be no adjustment of the child support under the Pennsylvania Support Guidelines based upon the above schedule. Any support Order entered while this schedule is in effect shall be entered on the basis that the Mother has the Children with her more than sixty percent of the overnights each caleii year. 11. This Order is 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. cc: Barbara Sumple-Sullivan, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother UE COPY FROM NECM money wh-r--r. ;±sa set t?tx kid seal of s y BY THE COURT, RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR Defendant Prior Judge: J.Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric B. Cantor September 25, 1990 Mother Drew M. Cantor July 10, 1993 Mother Cole J. Cantor October 6, 1998 Mother 2. A custody conciliation conference was held on March 31, 2006, which was concluded before a comprehensive agreement was reached as the parties had a support conference scheduled immediately following the conciliation. The conciliation was continued until July 28, 2006 when the remaining issues were addressed at an additional conference. The following individuals attended both conferences: The Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, and the Mother, Patricia E. Cantor, with her counsel, Samuel L. Andes. 3. At t he July 2 8, 2 006 c onference, t he p arties a greed t o e ntry o f a n 0 rder i n t he f orm a s attached, except for the question of retention of the existing provision regarding non- modification of child support based upon resultant changes to the custody schedule. The Father and his counsel requested an opportunity to review that issue further before committing to the provision. The conciliator agreed to hold the matter until notification by the Father's counsel the following week. Subsequently other issues arose between the parties leading to extension of time for forwarding the proposed Order until September 15, and an additional request from the Mother's counsel for a further extension until September 30, 2006. whereupon if the conciliator did not hear anything to the contrary from the parties, the terms of the parties' agreement at both conciliation conferences would be forwarded to the Court. As no further communication was received from counsel by the date of this Report and in light of the fact that this matter has been pending since March 2006, the conciliator recommends entry of an Order in the form as attached reflecting the parties' agreement at-the conferences. Oct writ 3. ,2oo6 Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit B RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA E. CANTOR, Defendant NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 28th day of October, 2009, upon consideration of Plaintiff's Petition for Emergency Relief, and following a telephone conference in which Plaintiff was represented by Barbara Sumple-Sullivan, Esq., and Defendant was represented by Samuel L. Andes, Esq., it is ordered and directed as follows, pending further order of court or as otherwise agreed by the parties: 1. Exchanges of custody shall take place at the State Police Station parking lot across from the Carlisle Hospital in Carlisle, Cumberland County, Pennsylvania; 2. The parties' spouses or significant others shall not be present for the exchanges of custody; and 3. Neither parry shall leave his or her vehicle at the time of the exchanges. arbara Sumple-Sullivan, Esq. 449 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc BY THE COURT, esley Ol , J ., Exhibit C Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY PATRICIA E. CANTOR, Defendant : NO. 02-1303 NOTICE AND ORDER TO APPEAR Legal Proceedings have been brought against you alleging that you have willfully disobeyed an order of court of custody. Upon consideration, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 200_ at AM/PM, for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may be found in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 FOR THE COURT, By: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 ORDER AND NOW, this day of , 20_, upon consideration of Petitioner's Petition for Contempt, it is further ORDERED and DECREED that Respondent is hereby adjudicated to be in contempt of court for noncompliance of the Orders of this Court dated October 4, 2006 and October 28, 2009. Judgment is hereby entered in favor of Petitioner as follows: a. Make up time shall be scheduled for custodial days lost by Petitioner with the children; b. Judgment is entered against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition in the amount of Dollars ($ ). c. Respondent is held in contempt, fined and/or otherwise incarcerated for said contempt. BY THE COURT: J. Wesley Oler, Jr. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -CUSTODY PATRICIA E. CANTOR, n o Defendant NO. 02-1303 r c PETITION FOR CONTEMPT -C r=7 jZI o cJ,? 1. Petitioner is Plaintiff, Richard J. Cantor, an individual residing -, af?3!'As bn r Z ; ?c) v rn Street, Carlisle, Pennsylvania 17015. 2. Respondent is Defendant, Patricia M. Cantor, an individual residing at 527 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and Respondent are the natural parents of three (3) children. Two (2) of the parties' children are presently minors: Drew M. Cantor (D.O.B. 7/10/1993) and Cole J. Cantor (D.O.B. 10/06/1998). The parties' child, Eric B. Cantor, is presently emancipated and living away. 4. The parties are subject to the Order of Court entered in this matter on October 4, 2006 providing for shared legal and physical custody of the children between the parties. A true and correct copy of same is attached hereto as Exhibit A. i 5. Numerous and continuing issues have been encountered by the Petitioner regarding custody, especially related to exchanges. 6. As a result of these issues, Petitioner filed a Petition for Emergency Relief on October 12, 2009 seeking the Court's intervention to require the custodial exchanges take place in a public setting (the State Police Station parking lot in Carlisle, PA) and that Respondent's husband, Brian Taylor, be restricted from being present at any custodial exchange. 7. After a telephone conference between counsel for both parties and the Honorable Judge Oler, an Order was entered on October 28, 2009, which provided: 1. Exchanges of custody shall take place at the State Police Station parking lot across from the Carlisle Hospital in Carlisle, Cumberland County, Pennsylvania; 2. The parties' spouses or significant others shall not be present for the exchanges of custody; and 3. Neither party shall leave his or her vehicle at the time of the exchanges. A true and correct copy of the Order dated October 28, 2009 is attached hereto as Exhibit B. 2 8. Although the October 28, 2009 Order has only been effective for less than two weeks, Respondent has already willfully failed to comply with Paragraph 1 of same. 9. Specifically, on Thursday, November 5, 2009, the custodial exchange for both of the parties' sons was to take place at the State Police Station parking lot where Respondent was to relinquish custody of the children to Petitioner. 10. Petitioner waited for twenty minutes (20) at the State Police Station parking lot for Respondent to bring the children. Petitioner then contacted Respondent via text message to determine when she would be arriving. Respondent replied via text message that they would not be coming because the children refused to be dropped off at the State Police Station parking lot. 11. Petitioner left and indicated through text message to Respondent that he expected Cole to be at the exchange place on Friday, November 6, 2009, in accordance with the Orders. 12. Petitioner had previously coordinated his custodial periods with Drew for Friday through Sunday by picking him up and dropping him off at Drew's friend's house. 13. On Friday, November 6, 2009, Petitioner waited for twenty-five (25) minutes at the State Police Station parking lot for Respondent to bring Cole. Petitioner then contacted Respondent via text message to determine when she would be arriving. Respondent replied via text message that Cole was not at her house and she had an injection for a migraine and could not drive anyway. 14. Petitioner received no prior communication that she would not be meeting Respondent at the required exchange place until Petitioner contacted her after the exchange time had already passed. 15. The public exchanges at the State Police Station parking lot are necessary, were sought in an effort to avoid confrontation between the parties and are presently Court Ordered. 16. Respondent's failure to comply with the Orders is willful and continues to further alienate the children from their Father. 17. Petitioner did not have any custodial period with his sons, Drew and Cole, as required by the custodial schedule for Thursday, November 5, 2009 overnight. 4 Additionally, Petitioner did not have any custodial periods with his son, Cole, Friday, November 6, 2009 through Sunday, November 8, 2009 as required by the custodial schedule. The only contact Petitioner had with Cole during this time period was proceeding to watch his soccer game on Saturday, November 7, 2009 at a public field. 18. Respondent continues to make exercise of Petitioner's custodial periods very stressful for the children and Petitioner. She continues to fully disregard the Custody Orders. 19. Petitioner is fearful that Respondent will not make the children available to him at his scheduled custodial period today, Tuesday, November 10, 2009 at 6:00 p.m. at the required exchange place. 20. The Honorable Judge J. Wesley Oler, Jr. has been assigned to this custody matter. 21. Counsel for Respondent has not provided concurrence with this Petition. 22. Petitioner requests a hearing be scheduled: a. To schedule make up time for custodial days lost by Petitioner with the I children; b. To enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition which fees shall be at least seven hundred fifty dollars ($750.00). c. To hold Respondent in contempt and to fine and/or otherwise incarcerate Respondent for said contempt. WHEREFORE, Petitioner requests that Respondent be held in contempt of Court and requests an Order be entered granting the relief requested as set forth in the proposed Order. submitted, DATE: November 10, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner EXHIBIT "A„ O C T 2 4 2006 R-TCI3ARD J. CANTOR IN THE COURT OF COMMON LEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-1303 CIVIL ACTION LAW PATRICIA E. CANTOR Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 0-e-f- 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 9, 2002, incorporating the terms of the parties' Stipulation, is vacated and replaced with this Order. 2. The Mother, Patricia M. Cantor, and the Father, Richard J. Cantor, shall have shared legal custody of Eric B. Cantor, born September 25, 1990, Drew M. Cantor, born July. 10, 1993, and Cole J. Cantor, born October 16, 1998. Both parties shall cooperate with each other and with all schools, physicians, health care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the Children. In the event, however, that either party is not . immediately available in the event of an emergency, and a decision must be make regarding the care of the Children because of such emergency, the parent present with the Child or Children shall be authorized to make a decision for the best interest and care of the Child or Children so affected and shall promptly notify the other parent of the situation and of the decision made. 3. The Father shall have custody of the Children in accordance with the oilowu;g schedule: A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 am. when the Children shall return to the Mother or be transported to school. B. Every week from Thursday at 6:00 p_m. through Friday morning at 8:00 am. when the Children shall return to the Mother or be transported to school. C. On. alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m during the school year or through Monday morning at 8:00 a.m. during the Summer, when the Father shall transport the Children to-the Mother's msiEdence before work D. The Mother shall have custody of the Children at all other times. 4. Each parry shall have custody of the Children for three weeks of vacation each calendar year, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of seven days each, which shall not be consecutive, and shall include that parent's weekend time with the Children. The parties shall not remove the Children from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the Children for such vacations during the school year every other year. The parties shall notify each other by April -I St of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March Vt of each year, shall provide the other parent with thirty days advance written notice. The parties shall not schedule vacation time under this provision to interfere with the other party's holiday custody unless otherwise agreed between the parties. 5. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Children from December 24 at 9:00 am. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 8:00 pm., the Mother shall have custody from December 26 at 8:00 p.m. through December 30 at 8:00 p.m., and the Father shall have custody from December 30 at 8:00 p.m. through January 1 at 8:00 p.m.. In odd numbered years, The Mother shall have custody from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 9:00 a.m., and the Mother shall have custody from December 29 at at 9:00 a.m. through January 1 at 8:00 p.m. B. THANKSGIVING: The Thanksgiving holiday period of custody shall ran from Wednesday at 4:00 p.m. through Sunday at 8:00 p.m. The Father shall have custody of the Children in 2006 and the Mother shall have custody in 2007. Thereafter, the Father shall have custody over Thanksgiving for two consecutive years, the Mother shall have one year, the Father shall have the next two consecutive years, and continuing in the same pattern. C. EASTE& The Easter holiday period of custody shall run from the last day of school before the break at 6:00 p.m. through the day before school resumes at 6:00 p.m. T c parties shall exc?auag6 custody of the Children half moray through the Easter school break, with the Father having custody during the first half in even numbered years and the Mother having custody during the first half in odd numbered years. The parent who does not have custody during the Easter Sunday half of the school break shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m.. D. MOTHER'S DAY/FAT MCS DAY: The Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend. In the event the holiday falls on the other parent's weekend, the parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule. E. MEMORIAL DAYILABOR DAY: The holiday periods of custody under this provision shall include the entire regular weekend period extended through the Monday holiday at 6:00 p.m_ In even numbered years, the Mother shall have custody for both holiday weekends and in odd numbered years, the Father shall have custody for both holidays. The parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule if the holiday schedule interrupts it. F. INDEPENDENCE DAY: The Father shall have custody of the Children for the Independence Day holiday in even numbered years and the Mother shall have custody in odd numbered years. When the holiday falls on a Friday through Sunday, the holiday period shall be the same as for Memorial Day and Labor Day. When the holiday falls on a Tuesday through Thursday, the holiday custodial period shall run from 9:00 a.m. through 6:00 p.m. on the day of the holiday. 6. The parties shall communicate by email every S-unday evening concerning significant information or developments concerning the Children and/or their schedules. 7. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange. 8. Neither party shall relocate with the Children outside of Central Pennsylvania without giving the other party at least sixty days advance notice and filing a Petition with this Court for modification of this Order. 9. Neither party shall consume alcohol to excess in the presence of the Children. Neither party shall operate a motor vehicle with the Children in the vehicle after dninlang to excess or while intoxicated. i 10. The parties agree that there shall be no adjustment of the child support under the Pennsylvania Support Guidelines based upon the above schedule. Any support Order entered while this schedule is in effect shall be entered on the basis that the Mother has the Children with her more than sixty percent of the overnights each calendar year. 11. This Order is 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. cc: Barbara Sumple-Sullivan; Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother IrD UE COPY FROM y"sM a sf of = . I It BY THE COURT, RICHARD J. CANTOR Plaintiff VS. PATRICIA E. CANTOR . Defendant Prior Judge: J.Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C M PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric B. Cantor September 25, 1990 Mother Drew M. Cantor July 10, 1993 Mother Cole J. Cantor October 6, 1998 Mother 2. A custody conciliation conference was held on March 31, 2006, which was concluded before a comprehensive agreement was reached as the parties had a support conference scheduled immediately following the conciliation. T"ne conciliation was continued until July 28, 2006 when the remaining issues were addressed at an additional conference. The following individuals attended both conferences: The Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, and the Mother, Patricia E. Cantor, with her counsel, Samuel L. Andes. 3. A+ t he July 2 %0, 2 006 c On ei euie, t he p a ues a greed i v e ntry o f a n O rder l n t he f Orm a s attached, except for the question of retention of the existing provision regarding non- modification of child support based upon resultant changes to the custody schedule. The Father and his counsel requested an opportunity to review that issue further before committing to the provision. The conciliator agreed to hold the matter until notification by the Father's counsel the following week. Subsequently other issues arose between the parties leading to extension of time for forwarding the proposed Order until September 15, and an additional request from the Mother's counsel for a further extension until September 30, 2006. whereupon if the conciliator did not hear anything to the contrary from the parties, the terms of the parties' agreement at both conciliation conferences would be forwarded to the Court. As no further communication was received from counsel by the date of this Report and in light of the fact that this matter has been pending since March 2006, the conciliator recommends miry of an Order in the farm as attached reflecting the parties' agreement at the conferences. Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT `B„ RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA E. CANTOR, Defendant NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 28th day of October, 2009, upon consideration of Plaintiff's Petition for Emergency Relief, and following a telephone conference in which Plaintiff was represented by Barbara Sumple-Sullivan, Esq., and Defendant was represented by Samuel L. Andes, Esq., it is ordered and directed as follows, pending further order of court or as otherwise agreed by the parties: 1. Exchanges of custody shall take place at the State Police Station parking lot across from the Carlisle Hospital in Carlisle, Cumberland County, Pennsylvania; 2. The parties' spouses or significant others shall not be present for the exchanges of custody; and 3. Neither party shall leave his or her vehicle at the time of the exchanges. BY THE COURT, arbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Samuel L. Andes, Esq. P.O. Box 168 "VIS Copy FROM 0.0M r.: Lemoyne, PA 17043 "OK I.Im'd WIM Attorney for Defendant_ _PL :rc Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. PATRICIA E. CANTOR, Defendant CIVIL ACTION -CUSTODY NO. 02-1303 VERIFICATION I, RICHARD J. CANTOR, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: O Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA E. CANTOR, Defendant : CIVIL ACTION -CUSTODY NO. 02-1303 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: DATE: November 10, 2009 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner Exhibit D I _ LAW OFFICES BARBARA SUMPLE-SULLIVAN j 549 BRIDGE STREET ' NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PRONE: (717j77444445 FAX: (717) 774-7059 November 6, 2009 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Via fag only Re: Cantor v. Cantor (Custody) No. 02-1303 Dear Sam: Dr. Cantor was at the court ordered exchange location (State Police parking lot), waited 25 minutes last night, and Patty did not bring the children. Please determine why this occurred and advise at your earliest convenience. Sincerely yours, Barbara Sumple- BSS/lh Enclosure cc: Dr. Richard J. Cantor (via email) LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 Bridge Street New Cumberland, Pennsylvania 17070-1931 PHONE: (717) 774-1445 FAX: (717) 774-7059 TO: SAMUEL L. ANDES, ESQUIRE SENT VIA FAX NUMBER: 761-1435 FROM: BARBARA SUMPLE-SULLIVAN, ESQUIRE DATE: November 6, 2009 TIME: RE: Cantor v. Cantor COMMENTS: NO. OF PAGES INCLUDING TRANSMITTAL SHEET: _0 ORIGINAL WILL / WILL NOT X FOLLOW BY FIRST-CLASS MAIL Confidentiality Notice: This electronic mail transmission contains information which may be privileged and confidential. This information is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmissions shall not constitute a waiver of the attorney-client or any other privilege. Any use, distribution, copying, or disclosure by another person is strictly prohibited. P. 1 Communication Result Report ( Nov. 6. 2009 12:06PM) FAX HEADER: Date/Time: Nov. 6. 2009 12:05PM Page File Mode Destination Pg(s) Result Not Sent -------- 8509 Memory TX 7611435 P. 2 OK ---------------------------------------------------------------------------------------------------- Reason for error E•1) Hans ua or line fail E•2) Busr E•3) No answer E•4) No facsimile connection LAWONNUM BARBARA SLUPLE-SULLIVAN atlYpaZ 3rfaiT K WcMAUMM-IWD VOQWKLVUUIWWBA 2YOIt6t (7r0 "IdNa YAM M7)M7aaa Novanber 6, 2009 Snood L Aode k Es¢me P.O. Box 168 Lemoyne; PA 17043 Y6 tax eady tiles Cmdwv. Caabr (Caaiady) No. a-Im Dear Sam Dr. ('- wu at we cacti ordemd Ozd =V Lacstim (Smte mcepadmg lot), waled 25 win- ho n*K and Patty did not bria6 the ch7dem. PWw det-m9ne why this ucmncd and advise at yaarcarlim convaniewe. Smwdy yours, S-6c-SumpleS BSS!Ot FkAdowe cc: Dr. Richnd I C iw (via mmil) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 VERIFICATION I, RICHARD J. CANTOR, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: Ll ? 6 o Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY PATRICIA E. CANTOR, Defendant NO. 02-1303 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Emergency Relief, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 DATE: November 17, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner lvdv 1 7 Ate 8. 2.2 cte ipx6 -J-3 3 40gl RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA E. CANTOR, Defendant NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 17'' day of November, 2009, upon consideration of Plaintiff's Petition for Contempt, a hearing is scheduled for Monday, November 23, 2009, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff ? Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant esley Olef j1r., J. rc f 1?t !!/16/oF OF 114'W, 2009 NOY 18 PM 3: 2? CUMBEn'. L':?iJLNN YLVANIA PENNSYLVANIA RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA E. CANTOR, Defendant NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 20'' day of November, 2009, upon consideration of Plaintiff's Petition for Emergency Relief, it is ORDERED and DECREED as follows: 1. Defendant is directed to immediately comply with the Orders of Court dated October 4, 2006 and October 28, 2009, specifically presenting the children at the exchange location for all scheduled custodial exchanges, including the Thanksgiving holiday, beginning on Wednesday, November 25, 2009 at 4:00 p.m., and lasting through Sunday, November 29, 2009 at 8:00 p.m. Defendant is not to accommodate or tolerate any refusal of the children to comply with the orders of court. 2. A hearing is scheduled on the balance of Plaintiff's Petition for Emergency Relief for Monday, November 23, 2009, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 4 arbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff /amuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc r"F THE P,-' C, 1-'-:"NOTARY 2009 NOV 20 PH 3= 59 cum. RICHARD J. CANTOR, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW PATRICIA E. CANTOR, ) NO. 02-1303 Defendant ) IN CUSTODY PETITION TO MODIFY AND NOW comes the above-named Defendant, by her attorney Samuel L. Andes, and petitions the court to modify its order of 4 October 2006, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties are the parents of three children, Eric B. Cantor, now an adult, Drew M. Cantor, age 16, born 10 July 1993, and Cole J. Cantor, age 11, born 16 October 1998. The children are the subject of an order entered by this court on 4 October 2006, a copy of which is attached hereto and marked as EXHIBIT A. 3. Since the time that order was entered, circumstances have changed which require, in Defendant's view, a significant modification of the order. The changes and circumstances include: A. The oldest child has become emancipated and the younger children are now three years older than at the time the order was entered; B. Defendant now has employment which restricts the hours she can provide transportation for custody exchanges; C. The children have come involved in activities, with the participation of both parties, which make the schedule set out in the current order unworkable or inconvenient; D. Both children have expressed a desire to significantly modify the custody order so that they are in a stable environment and consistent routine due to academic requirements and their extra curricular activities. E. The holiday schedule prevents each party from having all three of their children together on certain holidays now that the oldest child, Eric is away from college and only home for limited periods of times over the holidays. F. The current schedule interferes with the child's activities and school work and is disruptive as a result. 4. Defendant seeks to modify the current custody order so that the Plaintiff's time with the child falls on weekends, from after school on Friday at 6:00 p.m. until Sunday evening, plus holidays, periods of vacation, and the like. She believes that such a modification will simplify the childrens' lives, and some of the disruption caused by the current custody schedule, and improve the relationship between the parties as well as the relationship between Plaintiff and the children. 5. Prior orders in this matter have been entered by the Honorable J. Wesley Oler. 6. The Plaintiff does not concur in Defendant's request for relief. WHEREFORE, Defendant prays this court to modify its order in accordance with this Petition. am el L. Andes Attorney for Defendant 525 North 12t' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). V1 a I Date: a,6?4v l ? . 7- m ti 6, PATRICIA E. CANTOR-TAYLOR EXHIBIT A Nov. 9. 2009 3:48PM RICHARD 3. CA ITOR Plaintiff VS. PATRICIA E. CANTOR Defendant P 12 OCT 0 4 ?006 IN THE COURT OF COMMON LEAS 0 CUMBERLAND COUNTY, PENNSYLVANIA 02-1303 CIVIL ACTION LA'W XN CUSTODY ORDER OF COURT AND NOW, this 4day of ?J 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 9, 2002, incorporating the terms of the parties' Stipulation, is vacated and replaced with this Order. 2. The Mother, Patricia M. Cantor, and the Father, Richard J. Cantor, shall have shared legal custody of Brie B. Cantor, born September 25, 1990, Drew M. Cantor, born July 10, 1993, and Cole L Cantor, born October 16, 1998. Both parties shall cooperate with each other and with all schools, physicians, hcalth care providers, and other third parties, to share information regarding the children and the parties shall cooperate with all such third parties and with each other to make decisions for the best interests of the Children. In the event, however-, that :either party is not immediately available in the event of an emergency, and a decision must be make regarding the care ofthe Children because of such emergency, the par=t present with the Child or Children shall be authorized to make a decision for the best interest and care of the Child or Children so affected and shall promptly notify the other parent of the situation and of the decision made. 3. The Father shall have Custody of the Child:eu in accordance with the following schedule: No.$519. A. Every week from Tuesday at 5:30 p.m. until Wednesday morning at 8:00 a m when the Children shall return to the Mother or be transported to school.. , B. every week from l'nursday at 6:00 p.m. through Friday morning at 8:00 a.m. when the Children shall return to the Mother or be transported to school. Nov. 9. 2009 3:48PM No-8519 P. 13 C. On.alternating weekends from Friday at 6:00 p.m, through Sunday at 6:00 pan. during the school year or through Monday morning at 8:00 a.m. during the Summer, when the Father shall transport the Children to the Mother's residence before work. D. The Mother shall have custody of the Children at all other times. 4. Each party shall have custody of the Children for three weeks of vacation each calendar year, uninterrupted by periods of custody with the other parent, provided that such vacation periods shall be exercised in blocks of seven days each, which shall not be consecutive, and shall include that parent's weekend time with the Children. The parties shall not remove the Children from school for more than one week total each school year and the parties shall alternate vacation periods during the school year so that each of them will have the Children for such vacations during the school year every other year. The parties shall notify each other by April I= of each year of their vacation plans for the balance of the year and, for any vacation periods prior to March 1" of each year, shall provide the other parent with thirty days advance written notice. The parties shall not schedule vacation time under this provision to interfere with the other party's holiday custody unless otherwise agreed between the parties. 5. The parties shall share having custody of the Children on holidays as follows: A. QLM_TMM: In even numbered years, the Mother shall have custody of the Children from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 8:00 p.m., the Mother shall have custody from December 26 at 8:00 p-m. through December 30 at 8:00 p.m., and the Father shall have custody from December 30 at 8:00 p.m. through January 1 at 8.00 p.m. bi odd numbered years, The Mother shall have custody from December 24 at 9:00 a.m. through Christmas Day at 4:00 p.m., the Father shall have custody from Christmas Day at 4:00 p.m. through December 29 at 9:00 a.m., and the Mother shall have custody from December 29 at at 9:00 am. through January 1 at 8:00 p.m B. TT3ANKSGTVIlJG: The Thanksgiving holiday period of custody shall run from Wednesday at 4:00 p.m. through Sunday at 8:00 pmt. The Father shaII have custody of the Children iu 2006 and the Mother shall have custody in 2007. Thereafter, the Father shall have custody over Thanksgiving for two consecutive years, the Mother shall have one year, the Father shall have the next two consecutive yezrs, and continuing in the same pattern. Nov. 9. 2009 3:49PM No•8519 P. 14 C. EASTZ: The Easter holiday period of custody shall run from the last day of school before the break at 6:00 p.m. through the day before school resumes at 6:00 p.m. The parties shall exchange custody of the Children half-way through the Easter school break, with the Father having custody during the first half in even numbered years and the Mother having custody during the first half in odd numbered years. The parent who does not have custody during the Easter Sunday half of the school break shall have custody of the Children on Easter Sunday from 3:00 p.m. until 7:00 p.m. D_ MOTHER'S DAY/FATIIER'S DAY: The Mother shall have custody of the Children on Mother's Day weekend and the Father shall have custody on Father's Day weekend. In the event the holiday falls on the other parent's weekend, the parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule. E. MEMORIAL DAY/LaOR DAY: The holiday periods of custody under this provision shall include, the entire regular weekend period extended through the Monday holiday at 6:00 p.m. In even numbered years, the Mother shall have custody for both holiday weekends and in odd numbered years, the Father shall have custody for both holidays. The parties shall exchange weekend periods of custody on the following weekend to resume the regular alternating schedule if the holiday schedule interrupts it F. R EPENDENCE DAY: The Father shall have custody of the Children for the Independence Day holiday in even numbered years and the Mother shall have custody in odd numbered years. When the holiday falls on a Friday through Sunday, the holiday period shall be the same as for Memorial Day and Labor Day. When the holiday falls on a Tuesday through Thursday, the holiday custodial period shall run from 9:00 a.m. through 6:00 p.m. on the day of the holiday. 6. The parties shall communicate by email every Sim&y evening concerning significant information or developments concerning the Children and/or their schedules. 7. Unless otherwise specified in this Order or agreed between the parties, the parent receiving custody s3aall be responsible to provide transportation for the exchange. 8. Neither party shall relocate with the Children outside of Central Pemusylvania without giving the other party at least sixty days advance notice and filing a Petition with this Court for modification of this Order. 9. Neither party shall consume alcohol to excess in the presence of the Children. Neither party shall operate a motor vehicle with the Children in the vehicle after drinlti g to excess or while intoxicated. Nov. 9. 2009 3:49PM No-8519 P. 15 10. The parties agree that there shall be no adjustment of the child support ender the Pennsylvania Support Cruidelines based upon the above schedule. Any support Order entered while this schedule is in effect shall be entered on the basis that the Mother has the Children with her more than sixty percent of the overnights each calendar year. 1 I . This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by maft l consent_ In the absence of mutual consent, the terms of this Order shall control. cc: Barbara Sumple-Sullivan, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother M Uff COPY FR$iA It W?1^T^nS a seal of q • set MV Wd ` AL f?l?J BY 71W COMT, r A 2009 DEC -2 I'3 i 2. 5 .j k t' i q l #,// -,g RICHARD J. CANTOR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-1303 CIVIL ACTION LAW PATRICIA E. CANTOR IN CUSTODY DI:FF:NDANT ORDER OF COURT AND NOW, Tuesday, December 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Saturday, January 16, 2010 _ 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/ Dawn S. Sunda 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 ZOU9 DEC -8 ?M ?? "2 UNTY KEVIN B. THRUSH, Plaintiff vs. LYNELLE N. ROHRER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5646 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Lynelle N. Rohrer, in the above captioned case. Respectfully submitted, I- 2"M Jes ica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: ??.•?'?? r Ik • j r. ". - KEVIN B. THRUSH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2002-5646 CIVIL ACTION - LAW LYNELLE N. ROHRER, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Lynelle N. Rohrer, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: 11-TAN Je sica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 RLEQ-( F-HCE OF THE PROTHONOT. 2009 DEC --8 PM 3: 13 LUMP E.l- n:. 4i "L 11, 'OulT l Y PGN NSYMNIA RICHARD J. CANTOR, Plaintiff V. PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR CONTEMPT and PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 11th day of December, 2009, upon consideration of the attached letter from Barbara Sumple-Sullivan, Esq., attorney for Plaintiff, a hearing is scheduled on Plaintiffs Petition for Contempt and Plaintiffs Petition for Emergency Relief, for Thursday, January 7, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. J Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc BY THE COURT, FILED-OFFICE OF THE PRO -!0N TARY 2009 DEC I I AM 11= 5 4 cuc&L-. ,L ai,.' : Ui?lT?` Pr- t,,SS L.1/ANIA RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PATRICIA E. CANTOR, Defendant NO. 02-1303 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR CONTEMPT and PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 17'' day of December, 2009, upon consideration of the attached letter from Samuel L. Andes, Esq., Attorney for Defendant, and with no objection from Barbara Sumple-Sullivan, Esq., attorney for Plaintiff, the hearing previously scheduled on Plaintiff's Petition for Contempt and Plaintiff's Petition for Emergency Relief, for January 7, 2010, is rescheduled to Wednesday, March 3, 2010, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT. ?Barbara SumPle-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff amuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc ?O?I FS /Yta ll?CL FILED st -E nY TNF F,??o , - iMY 2009 DEC 18 AM 10: 2 8 MAILINO ADDRESS: P. O. BOX 168 LEMOYNE, PA 17043.0168 E-MAIL: LawAs?d?apAOl•com SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 FAX (717) 761-1435 15 December 2009 SENT BY FAX & REGULAR MAIL The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Richard I Cantor vs. Patricia E. Cantor 02-1303 / In Custody Dear Judge Oler: You have scheduled a hearing on the Plaintiff s Petition for Contempt and the Plaintiff's Petition for Emergency Relief. The hearing is scheduled for 9:30 a.m. on 7 January 2010. Unfortunately, I am scheduled to be in another hearing that morning in a matter that has been scheduled for sometime and it is likely to take the entire day. Accordingly, I write to request that the hearing int his matter be postponed and rescheduled for a time that I can attend. I have sent a copy of this letter to Barbara Sumple Sullivan, Esquire, who represents the Plaintiff. Hopefully she will concur in my request that the hearing be rescheduled. Sincerely, S el L. Andes amh cc: Barbara Sumple Sullivan, Esquire (via fax) !61 Ms. Patricia Cantor-Taylor ?Uv, RICHARD J. CANTOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PATRICIA E. CANTOR, Defendant NO. 02-1303 CIVIL TERM O IN RE: AGREEMENT OF PARTIES ire ORDER OF COURT AND NOW, this 3rd day of March, 2010, *P-11 65 C -04 consideration of Plaintiff's Petition for Contempt and r.? Plaintiff's Petition for Emergency Relief, and pursuant to an agreement reached in chambers of the undersigned judge by counsel for the Plaintiff in the person of Barbara Sumple-Sullivan, Esquire, and counsel for Defendant in the person of Samuel L. Andes, Esquire, following consultations with the parties, it is ordered and directed as follows: 1. The prior orders entered in this case with regard to transportation of the children are modified to provide as follows: a. Transportation for custody exchanges may be provided by the parties' sons, Eric or Drew, if they are available to provide such transportation. b. If any of the children are involved in a regularly scheduled activity at the time of exchange provided in the order, the parent surrendering custody at that time shall drop the children off at the site of their activity with the equipment and other items the children will need, and the parent receiving custody will be responsible to pick up the children or child after the conclusion of that activity. In all other regards, the prior provisions of our orders regarding transportation and exchange of the children shall remain in I effect. 2. The Plaintiff is hereby awarded the following additional times of custody of the children Drew and Cole to make up for the periods of custody lost previously: a. During the summer of 2010, six of his regularly scheduled weekends shall be extended to commence at 6:00 on Thursday rather than 6:00 p.m. on Friday. b. During the Christmas holiday season in 2010, in addition to the other times Plaintiff is to have custody of the children, he shall have them from 8:00 p.m. on December 26, 2010, until 8:00 p.m. on December 28th, 2010. Otherwise, the Christmas holiday schedule shall be the same as provided in this Court's other orders. 3. The Defendant shall pay counsel fees incurred by Plaintiff in this matter in the amount of $2,000. Those fees shall be paid at the rate of $50 per month, by reducing the Plaintiff's support obligation in the support action now pending between the parties by $50 per month for 40 consecutive months. A copy of this order shall be provided to the Domestic Relations office so it will make the appropriate adjustment in the support order to assure these payments. 4. At this time we make no further findings on the petition. Findings are deferred for a period of 6 months, and will be reconsidered during that time in the event that there are further petitions for contempt. In the event that there are no further petitions or findings of contempt at the end of the 6 month period, the petitions shall be deemed dismissed without further order of this Court. By the Court, J. Wesley Oler, Jr., J. _,,,earbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 For Plaintiff amuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 For Defendant DRO :mae Cc t £S' i'YL? t l?? 4 -" I t RICHARD J. CANTOR, Plaintiff v PATRICIA E. CANTOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1303 CIVIL TERM C o .w _ IN RE: AGREEMENT OF PARTIES, ORDER OF COURT r AND NOW, this 3rd day of March, 2010, up-on consideration of Plaintiff's Petition for Contempt and m -n Plaintiff's Petition for Emergency Relief, and pursuant to an agreement reached in chambers of the undersigned judge by counsel for the Plaintiff in the person of Barbara Sumple-Sullivan, Esquire, and counsel for Defendant in the person of Samuel L. Andes, Esquire, following consultations with the parties, it is ordered and directed as follows: 1. The prior orders entered in this case with b. If any of the children are involved in a regularly scheduled activity at the time of exchange provided in the order, the parent surrendering custody at that time shall drop the children off at the site of their activity with the equipment and other items the children will need, and the parent receiving custody will be responsible to pick up the children or child after the conclusion of that activity. In all other regards, the prior provisions of our orders regarding transportation and exchange of the children shall remain in regard to transportation of the children are modified to provide as follows: a. Transportation for custody exchanges may be provided by the parties' sons, Eric or Drew, if they are available to provide such transportation. 1 effect. 2. The Plaintiff is hereby awarded the following additional times of custody of the children Drew and Cole to make up for the periods of custody lost previously: a. During the summer of 2010, six of his regularly scheduled weekends shall be extended to commence at 6:00 on Thursday rather than 6:00 p.m. on Friday. b. During the Christmas holiday season in 2010, in addition to the other times Plaintiff is to have custody of the children, he shall have them from 8:00 p.m. on December 26, 2010, until 8:00 p.m. on December 28th, 2010. Otherwise, the Christmas holiday schedule shall be the same as provided in this Court's other orders. 3. The Defendant shall pay counsel fees incurred by Plaintiff in this matter in the amount of $2,000. Those fees shall be paid at the rate of $50 per month, by reducing the Plaintiff's support obligation in the support action now pending between the parties by $50 per month for 40 consecutive months. A copy of this order shall be provided to the Domestic Relations Office so it will make the appropriate adjustment in the support order to assure these payments. 4. At this time we make no further findings on the petition. Findings are deferred for a period of 6 months, and will be reconsidered during that time in the event that there are further petitions for contempt. In the event that there are no further petitions or findings of contempt at the end of the 6 month period, the petitions shall be deemed dismissed without further order of this Court. 1 By the Court, J. Wesley Oler, Jr., J. Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 For Plaintiff Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 For Defendant DRO mae SEP 0 7 2010 RICHARD J. CANTOR Plaintiff vs. PATRICIA E. CANTOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-1303 CIVIL ACTION LAW IN CUSTODY r ORDER OF COURT 6 AND NOW, this '~ r~ day of 2010, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The Mother's Petition to Modify is dismissed. 2. In the event the Mother wishes to proceed with modification of the existing Custody Order, she may file a Petition with the Court for reassignment to conciliation. BY THE COURT, V, J. esley Oler, J . cc: ~ara Sumple-Sullivan, Esquire -Counsel for Father /Samuel L. Andes, Esquire -Counsel for Mother I ~~R~IU c~ ca C ° ~~ ~ ~~.~{-~a ~•~~.:. ~ i t ; e::~. ~.- -, ~ ~ .~ ;~~ ~ o ~ RICHARD J. CANTOR vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2002-1303 CIVIL ACTION LAW PATRICIA E. CANTOR Defendant Prior Judge: J. Wesley Oler, Jr. 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 subjects of this litigation is as follows: NAME Drew M. Cantor Cole J. Cantor DATE OF BIRTH July 10, 1993 October 16, 1998 2. A custody conciliation conference was held on January 29, 2010, with the following individuals in attendance: the Father, Richard J. Cantor, with his counsel, Barbara Sumple-Sullivan, Esquire, and the Mother, Patricia E. Cantor, with her counsel, Samuel L. Andes, Esquire. 3. The custody conciliation conference was scheduled and held on the Mother's Petition to Modify. At the end of the conference, the conciliator was asked to hold this matter open pending further advice from counsel for the parties after further discussions with their clients on certain points. 4. The Mother's counsel advised the conciliator on April 15, 2010 that he had not heard from his client and believed that she may not want to pursue the matter at this time but that counsel would contact me if that was not the case. 5. As no further request has been received from either party or counsel, and it does not appear that a further Order is necessary at this time, the conciliator recommends an Order in the form as attached dismissing the pending Petition. Date Dawn S. Sunday, Esquire Custody Conciliator