Loading...
HomeMy WebLinkAbout06-1888MICHAEL E. SNYDER, Plaintiff vs. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C"A IN CUSTODY COMPLAIINT FOR CUSTODY AND NOW comes the Plaintiff, MICHAEL E. SNYDER, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is MICHAEL E. SNYDER, an adult individual who resides at 908 Peachtree Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JULIE M. SNYDER, an adult individual who resides at 7 Dewberry Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 28 November 1987 and separated on 4 March 2006. 4. The Plaintiff and Defendant are the parents of two minor children, Zachary M. Snyder, now age 12, born 12 May 1993, and Benjamin M. Snyder, now age 8, born 16 January 1998. 5. Plaintiff seeks an award of shared legal and shared or primary physical custody of the minor children, Zachary M. Snyder and Benjamin M. Snyder. 6. The children were not born out of wedlock and are presently in the custody of the Defendant. 1 7. During the past five years, the minor children have resided with the following persons at the following addresses: 2000 through 908 Peachtree Drive Both Plaintiff 4 March 2006 Mechanicsburg, PA and Defendant 4 March 2006 7 Dewberry Court Defendant to the present Mechanicsburg, PA 8. The father of the children is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the children is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the children. Plaintiff currently resides alone. 11. The Defendant is the natural mother of the children. Defendant currently resides with the children and her parents, Mr. and Mrs. John DiFonzo. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said children. 2 13. The best interest and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. Defendant has removed the children from the only home they have ever known and, by doing so, has disrupted their stability and Plaintiff seeks to return them to their home and the stability they enjoy there. B. Plaintiff has been the primary care provider for the children during most of their lives. C. Because of his work and the way he has organized his life, Plaintiff is better able to meet the needs of the children and to be available for them when they need a parent. D. Defendant has demonstrated, by her conduct, an intention and effort to disrupt Plaintiff's relationship with the children, to keep the children from Plaintiff, and to impose unreasonable conditions upon Plaintiff's access to the children. E. Plaintiff is the parent more likely to foster and maintain a close relationship between the children and both parents and not attempt to disrupt either parent's relationship with the children. 14. 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. 3 WHEREFORE, MICHAEL E. SNYDER requests this Court to award the parties shared legal custody and to award Plaintiff primary physical custody of the two children. Sa el L. Ancres Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 4 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). DATE: MICHAEL E. YDER% 5 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: J. Paul Helvy, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: 27 March 2006 Amy M. rkins Secretary for Samuel L. Andes r ?? J'?i S:, ?. ` I ?., ?, ?,. „v .ry ?,_, ;`, '- ,, t ., 1 \4 ?}} J: ^4 MICHAEL E. SNYDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE M. SNYDER DEFENDANT 06-1888 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, April 04, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, May 19, 2006 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he 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/ Melissa P. Gree_V 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 4"l-ppc RE'C, E!VED ,JMA,y MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-1888 CIVIL TERM V. JULIE M. SNYDER, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this 1 %"? day of May, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Michael E. Snyder and Julie M. Snyder, shall have shared legal custody of the minor children, Zachary M. Snyder, born May 12, 1993, and Benjamin M. Snyder, born January 16, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Effective May 5, 2006, and continuing only until June 9, 2006, Mother shall have primary physical custody and Father shall have partial custody in accordance with the following schedule: A. Commencing May 9, 2006, each Tuesday after school until 7:00 p.m.; B. Commencing May 11, 2006 on alternating Thursdays from after school until 7:00 p.m.; C. Commencing May 18, 2006 on alternating Thursdays from Thursday after school until Friday morning. D. Effective May 5, 2006, on alternating weekends from Friday after school until Monday morning when the children are returned to school. 3. Custodial Schedule for the Summer 2006. Commencing June 9, 2006, the parties shall have a week on/week off shared physical custody schedule, with Mother having custody for the first week. Father's first custodial week shall commence June 16, NO. 06-1888 CIVIL TERM 2006. For purposes of the summer 2006 custodial schedule, custody exchanges shall occur at 6:00 p.m. on Fridays, unless agreed otherwise. 4. The children shall continue in their current activities of piano, cello, baseball, and soccer. During weekdays following Father's custodial weekend, Father shall provide transportation for the children to their music lessons. During the weekdays following Mother's custodial weekend, Mother shall provide transportation for the children to their music lessons. 5. A brief hearing is scheduled in Courtroom Number 5 of the Qtimberland County Courthouse, on the I'- day of 200 &P at . 3 b o'clock -A:__.M., at which time testimony will bet ken. For the purposes of the hearing, the Mother, Julie M. Snyder, shall be deemed to be the moving party. This hearing will be limited in scope to Mother's request for a custody evaluation. 6. Interim Schedule endin Hearin for the 2006/2007 school year. Commencing with the Monday preceding the first day of school, Mother shall have custody from 8:00 a.m. Monday until 8:00 a.m. Wednesday, and Father shall have custody from 8:00 a.m. Wednesday until 8:00 a.m. Friday. Commencing with the first Friday after school has started for the 2006/2007 school year, parties will alternate weekend custodial periods from 8:00 a.m. Friday until 8:00 a.m. Monday. The parent who did not have custody the weekend prior to the commencement of school shall have the first custodial weekend after school begins. BY THE COURT: ??A, Dist: L. Andes, Esq., 525 N. 12"' Street, P. O. Box 168, Lemoyne, PA 17043 aul HeIvy, Esq., 100 Pine Street, P. O. Box 1166, Harrisburg, PA 17108-1166 4 D5\K J. ?, I : a S goo' MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL V. JULIE M. SNYDER, CIVIL ACTION - LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 26'h day of May, 2006, upon consideration of the request for a continuance from the Attorney for the Plaintiff due to a scheduling conflict and with the concurrence of the Attorney for the Defendant, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for July 26, 2006, at 9:30 a.m. is continued to July 27, 2006, at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Xmuel L. Andes, Esquire Attorney for Plaintiff Paul Helvy, Esquire Attorney for Defendant A 14? t ?-" - M. L. Ebert, Jr., % J. 1 =1 gad 9Z k Boaz AulviC CAN ? rr Rlv'c ?3'1 ?-:'i 1-0_--ilU MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1888 JULIE M. SNYDER, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition for Special Relief and, in support thereof, avers as follows: 1. The Petitioner is Julie M. Snyder (hereinafter referred to as "Mother"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Pennsylvania 17055. 2. The Respondent is Michael E. Snyder (hereinafter referred to as "Father"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of Zachary M. Snyder, born on May 12, 1993, and Benjamin M. Snyder, born on January 16, 1997. 4. Father initiated a Custody Complaint on March 31, 2006. 5. A custody conference was held on May 5, 2006 before Melissa Greevy, Esquire which resulted in the issuance of a Custody Conciliation Summary Report (attached hereto and marked as Exhibit "A") and an Order of Court regarding custody dated May 18, 2006 (attached hereto and marked as Exhibit "B"). 6. At the time of the custody conference, Mother indicated very serious concerns regarding psychological abuse directed by Father towards the children and expressed a very real concern regarding the wellbeing of the children should they be required to spend substantial time home alone with their father, particularly during the school year. 7. As a result of Mother's concerns, she requested that a custody evaluation be performed by the very well respected Dr. Arnold Shienvold. 8. Although Father provided no concrete reasons for refusing to agree to a custody evaluation, Father refused to consent to a custody evaluation. Father's refusal to consent to a custody evaluation resulted in the scheduling of a hearing by this Court for July 27, 2006 at 9:00 a.m. 9. Paragraph 6 of the Court Order which was issued pursuant to the conciliation conference sets forth a 50/50 custodial schedule commencing with the Monday preceding the first day of the 2006/2007 school year. 10. This 50/50 schedule was entered without Mother's knowledge or consent. 11. Father's refusal to agree to a custody evaluation will cause this matter to take months before getting to Court thereby subjecting the children to a 50/50 custodial schedule during a significant portion of the 2006/2007 school year, a schedule which Mother believes is not in the children's best interests. 12. Mother respectfully requests this Honorable Court to permit her to present testimony regarding the appropriate schedule for the children at the commencement of the 2006/2007 school year at the same time as testimony is presented regarding Father's refusal to consent to a custody evaluation. WHEREFORE, Mother respectfully requests this Honorable Court to enter an Order permitting her to present testimony regarding an appropriate schedule for the children -2- during the 2006/2007 school year at the same time as testimony is presented regarding whether a custody evaluation will be permitted in this case. Respectfully submitted, McNEES WALLACE & NURICK LLC By H61vy, Esquire /D 53148 e Street x 1166 Harrisburg, PA 17108 (717) 232-5343 (7170 237-5300 (fax) Dated: June 2, 2006 Attorneys for Petitioner -3- Exhlbi+ MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Zachary M. Snyder Benjamin M. Snyder May 12, 1993 January 16, 1998 Mother Mother 2. A Custody Conciliation Conference was scheduled for May 5, 2006 in response to Father's Complaint for Custody of March 31, 2006. Present for the conference were: the Father, Michael E. Snyder, and his counsel, Samuel L. Andes, Esquire; the Mother, Julie M. Snyder, and her counsel, J. Paul Helvy, Esquire. 3. The parties were able to reach an agreement only as to an Interim Order through the remaining school year and summer. The parties did not reach an agreement with regard to the custodial schedule to commence in the beginning of the school year for 2006/2007. There was also no agreement with regard to Mother's request for a custody evaluation. Accordingly, the Conciliator makes the recommended Order in the form as attached as to the schedule commencing in the beginning of the school year 2006/2007 and recommends a brief hearing with regard to Mother's request for a custody evaluation. 4. Father's position on custody is as follows: Father seeks primary physical custody or shared physical custody. Father complains that Mother unilaterally took the children from the only home they have ever known and the stability provided there, with the intent to disrupt the children's relationship with their Father. He complains that she imposes unreasonable restrictions on his access to the children. Father is a music teacher. He reports that he has been the parent who has been home when the school bus comes with the children and has taken them to their various music lessons and sports activities. During the parties' separation, Father was of the -opinion that he and Mother had worked a schedule out for shared parenting. However, he now reports that he sees the children only NO. 06-1888 CIVIL TERM permits it. Father strongly prefers to have a shared physical custody arrangement pending hearing and prefers that the children be in his care during the summer school recess when he is available to be with them during the day while Mother works. Father would like for the children to be able to continue to attend the Harrisburg Academy, as well as continue their music lessons and participation in sports in which they have participated in the past. In Father's view, Mother has not been very involved in the boys' music lessons. Father contends that he was the primary caregiver of the children because his work schedule made him more available in the hours immediately after school, and as a result made him more available to be involved with the children in their after-school activities. Accordingly, Father does not believe that it is fair to have anything less than a shared physical custody schedule during the interim and until the hearing. His counsel expressed concern that during the process of a custody evaluation and/or waiting until the hearing, that it will become more difficult to convince the Court to change the status quo after it has been in place for several months. It is Father's position that a custody evaluation is not necessary, but that if the Court would order a custody evaluation, the cost of the evaluation should be shared pro-rata based on net income. It is noted that Father only agreed to the schedule which was proposed by Mother for the remaining five weeks of school because Mother agreed to a shared custody schedule for the summer school recess. 5. Mother's position on custody is as follows: The parties separated on March 4, 2006. She resides with her parents and works as a contractor with the Commonwealth of Pennsylvania in Harrisburg. She previously worked from 8:00 a.m. to 5:00 p.m. but now has adjusted her work hours to go to work earlier in the morning and have her day end earlier as well. She reports that she was the parent who took the children to school each day. The parents had exchanged a-mails to try to work out some of their parenting arrangements. However, that did not work out well. She claims that she had never agreed to a shared physical custody arrangement which Father believed she had agreed. Mother would like to have primary physical custody with Father having alternate weekends and extensive contact with the children during the week. Mother reports that the relationship with the children and the Father has been difficult because Father has yelled so loudly at the children that he got a nose bleed. After the parties separated, Mother reports that one of the children asked her, why it took so long to make that decision. Mother also wants the children to continue to attend the Harrisburg Academy. Mother expressed a number of concerns with regard to Father's parenting style. She describes him as controlling and demeaning, but denies that any physical abuse has occurred. She reports that he would frequently contact her to be sure that she was where he thought she would be. She also expressed concern that the children have limited opportunities to socialize with other children on an informal basis, such as at a community swimming pool. ate Melissa Peel Greevy, Esquir Custody Conciliator :274973 Exhibl+ 5 s ? w -CE, VED MAY 1 6 20n6 MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-1888 CIVIL TERM V. JULIE M. SNYDER, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this p-I day of May, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Michael E. Snyder and Julie M. Snyder, shall have shared legal custody of the minor children, Zachary M. Snyder, born May 12, 1993, and Benjamin M. Snyder, born January 16, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Effective May 5, 2006, and continuing only until June 9, 2006, Mother shall have primary physical custody and Father shall have partial custody in accordance with the following schedule: A. Commencing May 9, 2006, each Tuesday after school until 7:00 p.m.; B. Commencing May 11, 2006 on alternating Thursdays from after school until 7:00 p.m.; C. Commencing May 18, 2006 on alternating Thursdays from Thursday after school until Friday morning. D. Effective May 5, 2006, on alternating weekends from Friday after school until Monday morning when the children are returned to school. 3. Custodial Schedule for the Summer 2006. Commencing June 9, 2006, the parties shall have a week on/week off shared physical custody schedule, with Mother having custody for the first week. Father's first custodial week shall commence June 16, NO. 06-1888 CIVIL TERM 2006. For purposes of the summer 2006 custodial schedule, custody exchanges shall occur at 6:00 p.m. on Fridays, unless agreed otherwise. 4. The children shall continue in their current activities of piano, cello, baseball, and soccer. During weekdays following Father's custodial weekend, Father shall provide transportation for the children to their music lessons. During the weekdays following Mother's custodial weekend, Mother shall provide transportation for the children to their music lessons. 5. A brief hearing is scheduled in =uroom Number ? of the umberland County Courthouse, on the _16A day of , 200 , at 9 `3 O o'clock A.M., at which time testimony will be take a. For the purposes of the hearing, the Mother, Julie M. Snyder, shall be deemed to be a moving party. This hearing will be limited in scope to Mother's request for a custody evaluation. 6. Interim Schedule pending 'Hearing for the 2006/2007 school year. Commencing with the Monday preceding the first day of school, Mother shall have custody from 8:00 a.m. Monday until 8:00 a.m. Wednesday, and Father shall have custody from 8:00 a.m. Wednesday until 8:00 a.m. Friday. Commencing with the first Friday after school has started for the 2006/2007 school year, parties will alternate weekend custodial periods from 8:00 a.m. Friday until 8:00 a.m. Monday. The parent who did not have custody the weekend prior to the commencement of school shall have the first custodial weekend after school begins. BY THE COURT: S , J. Dist: Samuel L. Andes, Esq., 525 N. 12 1h Street, P. O. Box 168, Lemoyne, PA 17043 J. Paul Helvy, Esq., 100 Pine Street, P. O. Box 1166, Harrisburg, PA 17108-1166 TRUE COP'S to Testimony, whereof, end a seal of said 0 TOY" ]..? ..... C., FROM RECORD I here unto set my hand ,art atAmlisle. Pa. CERTIFICATE OF SERVICE The undersigned hereby certifies that on the avik day of 2006, a true and correct copy of the foregoing document was served via facsimile and via first class mail upon the following: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 apor,? & A-)L Lynn B. Lowe, Secretary for J. Paul Helvy, Esquire Counsel for Petitioner p Ti ->-r mow. ...? e-- % MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1888 CIVIL JULIE M. SNYDER, CIVIL ACTION - LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 9th day of June, 2006, upon consideration of Defendant Julie M. Snyder's Petition for Special Relief and after re-examination of the Custody Conciliation Summary Report filed by Custody Conciliator Melissa Greevy, Esquire, on May 9, 2006, IT IS HEREBY ORDERED AND DIRECTED: 1. That a custody evaluation be preformed by Dr. Arnold Shienvold. The evaluation shall be completed as soon as possible and a report provided to the court no later than July 21, 2006. Cost of the evaluation shall be divided equally between the parties. All parties are directed to cooperate in Dr. Shienvold's evaluation and each party is directed to immediately schedule an appointment with Dr. Shienvold in order to ensure completion of the evaluation by July 21, 2006. 2. The phone conference previously scheduled for July 10 and the hearing scheduled for July 27 are hereby cancelled. Trial of this case is hereby set for the 2"d day of August, 2006 at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Father will be considered the moving party. IT IS FURTHER ORDERED AND DIRECTED that each party in this case shall file with the Court a pretrial memorandum listing the following: 1. A list of all fact witnesses; 2. A list of all expert witnesses; 3. Issues for resolution; -. 4. Estimated length of trial; 5. Any reports from appropriate agencies; and 6. Any reports of experts intended to be called as witnesses. These items shall be filed with the Court on or before 12:00 noon on Tuesday, O July 25, 2006. By the Court, M. L. Ebert, Jr., U J. Samuel Andes, Esquire Attorney for Plaintiff J. Paul Helvy, Esquire Attorney for Defendant bas ? ? rl r. ?`,.? i? ' r ,S? ? j c,?,?, ?? MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 IN CUSTODY PLAINTIFF'S PETITION TO COMPEL RESPONSES TO DISCOVERY AND NOW comes Petitioner. Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition to Compel Responses to Discovery, and in support thereof, avers as follows: 1. The Petitioner is Julie M. Snyder, ("Wife"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 1. The Respondent is Michael E. Snyder, ("Husband"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. A Divorce Complaint was initiated in the above-captioned action on March 9, 2006. 3. After the undersigned was unable to obtain the necessary documentation to process this case informally, on May 5, 2006, a Request for Production of Documents which consisted of a total of five (5) requests, a copy of which is attached hereto and marked as Exhibit 'A" was forwarded to counsel for Husband, Samuel A. Andes. 4. Although the undersigned has telephoned opposing counsel to inquire as to the status of these discovery requests, he has received no response to date. 5. The Petitioner has and will continue to incur attorney's fees as a result of Husband's refusal to provide the information needed to process this case. C 6. At least some portion of the information requested is necessary in order to make an intelligent determination as to whether the parties can continue to afford to send their children to private school this fall. This determination must be made by July 9, 2006. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order requiring opposing counsel to a) Respond to the aforesaid Request for Production of Documents; b) Pay Petitioner's attorney's fees in the amount of $500.00 for the preparation and presentation of this Petition. Respectfully submitted, McNEES WALLACE & NURICK LLC By Dated: (? /2,10 yl^ul HE I. D. #53 10 e; O. Box (717) 232-8000 (717) 237-5300 Fax 2 166 CERTIFICATE OF SERVICE I, Michelle Armour, Secretary to J. Paul Helvy, hereby certify that on this date a true and correct copy of the foregoing document was served via hand delivery upon the following: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Mi helle Armour Dated: ? /a l' &' r.) ; ? C _ ? •? _ : , :l'-_ ` " _ i) _ ?? , _ ??-, _,_, ;? ;n ? L ? l'! ?A` ??" MICHAEL E. SNYDER, } IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 2006-1888 JULIE M. SNYDER, ) Defendant ) IN CUSTODY ORDER OF COURT rti, an AND NOW this '19 day of I v , 2006, upon the agreement of the parties, the hearing which had been set for August 2, 2006 is canceled. The hearing will be held before the undersigned on August 21, 2006, commencing at 11:00 a.m. All the other provisions of our last order, regarding the custody evaluation, shall remain in full force and effect. BY THE COURT, Distribution: /Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12's Street, P.O. Box 168, Lemoyne, Pa 17043 /Paul Helvy, Esquire (Attorney for Defendant) 100 Pine treet, P.O. Box 1166, Harrisburg, PA 17108-1166 a'6y "O"i :Z N G? G fr :ur;7 J MICHAEL E. SNYDER, Plaintiff VS. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1888 CIVIL TERM IN CUSTODY ORDER ? Sep?a?+bv' AND NOW this day of>" St, 2006, upon the stipulation of the parties as presented by their counsel, it appearing that the parties have agreed to the terms of this Order, we hereby order and decree as follows: 1. The parties, the Plaintiff, Michael E. Snyder (hereinafter "Father"), and the Defendant, Julie M. Snyder (hereinafter "Mother") shall share legal custody, as defined by the laws of Pennsylvania, of their minor children, Zachary M. Snyder, born May 12, 1993, and Benjamin M. Snyder, born January 16, 1998. - The parties shall cooperate with each other to ensure the prompt exchange and disclosure of all significant information regarding the children and will cooperate to jointly make all decisions of significance in the children's lives. 2. During the school year, Mother shall have primary physical custody of the children and Father shall have the following periods of temporary or partial custody: A. Alternating weekends from Friday after school until Monday morning when they return to school, commencing with the second weekend after Father's last period of summer custody; B. Every Wednesday from after school until the children return to school Thursday morning. C. Every other Monday, following Father's non-custodial weekend, from after school until they return to school Tuesday morning. In the event that the children do not have school on any of the days Father is to return the children to school if Mother is working and if Father is not scheduled to work himself, he will keep the children with him for the day and return them to Mother when she returns from work later in the day. If the children do not have school on any of the mornings Father is to return the children to school and he is not available to care for them because he must work, he will deliver the children to whoever the parties have arranged, by mutual agreement, to provide child care for the children on those days by 9:00 a.m. Further, on any day when Father is scheduled not to work but Mother is required to work, Father shall have the right of first refusal to provide child care for the children on those days. 3. During the summer months the parties will share physical custody of the children on a week-to-week basis, with the time of exchange being at 6:00 p.m. on Friday. The weekly schedule during the summer months shall commence with Father having the children for the week which commences on the first Friday after the end of the children's school term. 4. Notwithstanding the above schedule, the parties shall share custody of the children on holiday vacations from school so that each of the parties has physical custody of the children for one-half of such vacations including, without limitation, Thanksgiving, Christmas, and spring vacation periods. Further, the parties will share or alternate physical custody of the children on other major holidays, including holidays recognized by the school the children attend. The details of the holiday schedule will be resolved by the parties by their mutual agreement and, in the event they cannot reach such an agreement, or, if necessary, by further order of this Court. 5. The parties will contribute equally to the costs of medical care, extracurricular and musical activities, and the like which the children pursue, including, without limitation, music and other lessons, camps, doctor's visits, dental care, and related expenses, provided that neither parent will incur non-medical expenses for the children in excess of $250.00 without the consent of the other parent. Neither party will change any of the activities in which the children are presently involved or schedule additional activities for the children which will impact the other parent's custodial time without prior consultation with and consent of the other parent. Further, the parties will share and pay the costs of tuition and other direct expenses to the Harrisburg Academy, which the children presently attend, as they have previously agreed, so that Father pays 38% of those expenses and Mother pays 62% of those expenses and the parties will cooperate with each other to make payment of those expenses promptly and efficiently. 6. The parties accept the provisions for the payment of the schooling at the Harrisburg Academy and the extracurricular activities and medical expenses for the children in full satisfaction of any claim either party has against the other for the financial support of the children. Accordingly, neither party will file a support action or otherwise seek the entry of a support order against the other as long as the parties remain married and, as long as the parties remain married and this custody order is in full force and effect, Father will not seek spousal support or alimony pendente lite from Mother. 7. This Order resolves the issues scheduled for a hearing before this Court on Monday, August 21, 2006. BY THE COURT, DISTRIBUTION: /bamuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 Paul Helvy, Attorney for Defendant, P.O. Box 1166, Harrisburg, PA 17108 Oq' ?? rt ;?? '"?'"i ;? :? l -? r? MICHAEL E. SNYDER, Plaintiff VS. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1888 CIVIL TERM IN CUSTODY STIPULATION AND NOW, this 2C-A-&- day of August, 2006, the parties and their counsel have agreed that the Court shall enter the attached order to resolve their custody and related disputes regarding their children and all jointly request the Court to enter that order. Samuet . Andes Attorney for Plaintiff Mi ael E. Snyder Plaintiff Juli M. Snyder Def ndant MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL V. : JULIE M. SNYDER, CIVIL ACTION - LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 20th day of December, 2006, with respect to the division of custody for the Christmas holiday, the Court finds that the parties cannot reach agreement under the provisions of paragraph 4 of the Order of Court dated September 8, 2006, which had been stipulated to by the parties on August 29, 2006, therefore; IT IS HEREBY ORDERED AND DIRECTED that: A. The Mother shall be given custody of the children from 9:00 a.m. until 12:00 noon on Christmas Day; B. The Mother shall pick up the Children from and return the Children to the Father's residence; C. The Father's period of custody will be extended from Noon until 3:00 p.m. on December 26, 2006 at which time the Father shall deliver the children to the Mother's home for the remainder of the Christmas vacation; D. Mother shall have the first half of the spring vacation in 2007; E. Father shall have the first half of Thanksgiving vacation in 2007; tr rr-,fix )III 4 x,0.9 Wi IZ310HE I A . M F. For Christmas 2007, the Mother will have custody the first half of Christmas vacation with the exception of the period 9:00 a.m. until 12:00 Noon Christmas Day during which the Father will have custody. Father shall pick up the Children from the Mother's home and return them to the Mother's home on Christmas Day, 2007. ?Samuel L. Andes, Esquire Attorney for Plaintiff Paul Helvy, Esquire Attorney for Defendant y By the Court, I 1?\ -?, LAA M. L. Ebert, Jr., MICHAEL E. SNYDER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW JULIE M. SNYDER, ) NO. 06-1888 CIVIL TERM Defendant ) IN CUSTODY PETITION TO CLARIFY OR MODIFY PRIOR ORDER AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to clarify or, in the alternative modify, its prior orders in this matter: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. By an order dated 8 September 2006, this court by the Honorable M.L. Ebert, Jr., J, awarded custody to the parties. A copy of that order is attached hereto and marked as EXHIBIT A. 3. Thereafter, by an order dated 20 December 2006, this court, by the Honorable M.L. Ebert, Jr., J, modified its prior order to provide a schedule for certain holidays and vacation periods. A copy of that order is attached hereto and marked as EXHIBIT B. 4. At the time the order of 8 September 2006 was entered, the parties' two children attended the Harrisburg Academy and the parties agreed, as provided in Paragraph 5 of the Order of 8 September 2006, that Plaintiff would pay 38% and Defendant would pay 62% of the expenses associated with that attendance. 5. Since the entry of the order of 8 September 2006, various disputes and misunderstandings have arisen between the parties with regard to the custody of their children. Among those disputes is whether the children should attend the Harrisburg Academy for the upcoming school year. Plaintiff does not wish the children to attend that school and Defendant insists that they do. The parties have not been able to resolve that matter by agreement or negotiation. 6. Defendant contends that the order of 8 September 2006 requires the children to attend the Harrisburg Academy and requires the parties to divide the expenses of such schooling so that Plaintiff pays 38% of those expenses. Plaintiff disagrees with that interpretation and the parties need this court to clarify that provision of this order. 1 7. Defendant contends that the school enrollment of the children cannot be changed without the consent of both parties, because they share legal custody of the children. Plaintiff disagrees with that assertion but, if it is correct, he asks this court to clarify, or the extent necessary, modify its order so that the children need not attend the Harrisburg Academy. 8. Plaintiff believes that the schedule of custody set out in the order of 8 September 2006 is not to the best interest of the children. He believes the best interest of the children would be for the parents to share physical custody of the children on an equal basis, so that the children spend a week with each parent at a time. He believes that will be in the best interest of the children for the following reasons: a. The children need substantial time with each parent and will benefit from spending one half of their time with Plaintiff; and b. A schedule which requires an exchange of custody only once a week will reduce the friction between the Plaintiff and Defendant involving custody exchanges and the confusion the custody exchanges and the current custody schedule creates for the children; and c. Plaintiff is better able, because of the current situation and employment of the parties, to provide for the ongoing needs of the children. 9. The Honorable M.L. Ebert, Jr. has been the only Judge previously involved in this custody matter. 10. Defendant does not concur in the relief requested by Plaintiff in this matter. WHEREFORE, Plaintiff prays this court to clarify and modify its prior orders in accordance with this Petition and award the parties equally shared physical custody of the children. muel L. An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th 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). ? f Date: 7 - 0-07 MI HAEL E. SNYDER CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: 1. Paul Helvy, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 Date: 31 July 2007 Jwt'm ? - Amy M. arkins S cretary for Samuel L. Andes MICHAEL E. SNYDER, Plaintiff vs. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1888 CIVIL TERM IN CUSTODY ORDER II %3 em eR AND NOW this 9A day of ?, 2006, upon the stipulation of the parties as presented by their counsel, it appearing that the parties have agreed to the terms of this Order, we hereby order and decree as follows: 1. The parties, the Plaintiff, Michael E. Snyder (hereinafter "Father"), and the Defendant, Julie M. Snyder (hereinafter "Mother") shall share legal custody, as defined by the laws of Pennsylvania, of their minor children, Zachary M. Snyder, born May 12, 1993, and Benjamin M. Snyder, born January 16, 1998. The parties shall cooperate with each other to ensure the prompt exchange and disclosure of all significant information regarding the children and will cooperate to jointly make all decisions of significance in the children's lives. 2. During the school year, Mother shall have primary physical custody of the children and Father shall have the following periods of temporary or partial custody: A. Alternating weekends from Friday after school until Monday morning when they return to school, commencing with the second weekend after Father's last period of summer custody; B. Every Wednesday from after school until the children return to school Thursday morning. C. Every other Monday, following Father's non-custodial weekend, from after school until they return to school Tuesday morning. In the event that the children do not have school on any of the days Father is to return the children to school if Mother is working and if Father is not scheduled to work himself, he will keep the children with him for the day and return them to M370f when she returns from work later in the day. If the children do not have school on the mornings Father is to return the children to school and he is not available to care for them because he must work, he will deliver the children to whoever the parties have arranged, by mutual agreement, to provide child care for the children on those days by 9:00 a.m. Further, on any day when Father is scheduled not to work but Mother is required to work, Father shall have the right of first refusal to provide child care for the children on those days. 3. During the summer months the parties will share physical custody of the children on a week-to-week basis, with the time of exchange being at 6:00 p.m. on Friday. The weekly schedule during the summer months shall commence with Father having the children for the week which commences on the first Friday after the end of the children's school term. 4. Notwithstanding the above schedule, the parties shall share custody of the children on holiday vacations from school so that each of the parties has physical custody of the children for one-half of such vacations including, without limitation, Thanksgiving, Christmas, and spring vacation periods. Further, the parties will share or alternate physical custody of the children on other major holidays, including holidays recognized by the school the children attend. The details of the holiday schedule will be resolved by the parties by their mutual agreement and, in the event they cannot reach such an agreement, or, if necessary, by further order of this Court. 5. The parties will contribute equally to the costs of medical care, extracurricular and musical activities, and the like which the children pursue, including, without limitation, music and other lessons, camps, doctor's visits, dental care, and related expenses, provided that neither parent will incur non-medical expenses for the children in excess of $250.00 without the consent of the other parent. Neither party will change any of the activities in which the children are presently involved or schedule additional activities for the children which will impact the other parent's custodial time without prior consultation with and consent of the other parent. Further, the parties will share and pay the costs of tuition and other direct expenses to the Harrisburg Academy, which the children presently attend, as they have previously agreed, so that Father pays 38% of those expenses and Mother pays 62% of those expenses and the parties will cooperate with each other to make payment of 11 those expenses promptly and efficiently. 6. The parties accept the provisions for the payment of the schooling at the Harrisburg Academy and the extracurricular activities and medical expenses for the children in full satisfaction of any claim either party has against the other for the financial support of the children. Accordingly, neither party will file a support action or otherwise seek the entry of a support order against the other as long as the parties remain married and, as long as the parties remain married and this custody order is in full force and effect, Father will not seek spousal support or alimony pendente lite from Mother. 7. This Order resolves the issues scheduled for a hearing before this Court on Monday, August 21, 2006. BY THE COURT, s J• DISTRIBUTION: Samuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 J. Paul Helvy, Attorney for Defendant, P.O. Box 1166, Harrisburg, PA 17108 TRIIE C°7!"y 77""'V, QEC®RD In Testimo-ny h-- set my hand a e seal of sa Cwb' p.t riis{ Pa. ?..'.... ay T ......... MICHAEL E. SNYDER, PLAINTIFF V. JULIE M. SNYDER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 20th day of December, 2006, with respect to the division of custody for the Christmas holiday, the Court finds that the parties cannot reach agreement under the provisions of paragraph 4 of the Order of Court dated September 8, 2006, which had been stipulated to by the parties on August 29, 2006, therefore; IT IS HEREBY ORDERED AND DIRECTED that: A. The Mother shall be given custody of the children from 9:00 a.m. until 12:00 noon on Christmas Day; B. The Mother shall pick up the Children from and return the Children to the Father's residence; C. The Father's period of custody will be extended from Noon until 3:00 p.m. on December 26, 2006 at which time the Father shall deliver the children to the Mother's home for the remainder of the Christmas vacation; D. Mother shall have the first half of the spring vacation in 2007; E. Father shall have the first half of Thanksgiving vacation in 2007; F. For Christmas 2007, the Mother will have custody the first half of Christmas vacation with the exception of the period 9:00 a.m. until 12:00 Noon Christmas Day during which the Father will have custody. Father shall pick up the Children from the Mother's home and return them to the Mother's home on Christmas Day, 2007. By the Court, ?-At., 1 M. L. Ebert, Jr., Samuel L. Andes, Esquire Attorney for Plaintiff J. Paul Helvy, Esquire Attorney for Defendant TRUE COP`' FROM RECORD In Testimonr, •'nto set my hand en t e shear ~!`sle, Pa. T?j ....?........ .. 1 ?r.'r f• Y Uj c `1 ?? f TC?1 T 1 r}? f ?11 ? MICHAEL E. SNYDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE M. SNYDER DEFENDANT 2006-1888 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 14, 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, September 12, 2007 at 12:00 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. 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 L 1 :QI IP!V S i Sig LOOZ McNEES WALLACE & NURICK LLC J. Paul Heivy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 (717) 237-5300 (facsimile) phelvy@mwn.com ckrentzmanAmwn.com MICHAEL E. SNYDER, Plaintiff v. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 IN CUSTODY NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES WALLACE & NURICK, LLC BI J_ b d11,11 11 11A J. Paul Helvy Attorneys for Defendant Dated: September 7, 2007 McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 (717) 237-5300 (facsimile) phelvv0mwn.com ckrentzman(&-mwn.com MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 IN CUSTODY ANSWER TO PLAINTIFF'S PETITION TO CLARIFY OR MODIFY PRIOR ORDER AND COUNTERCLAIM AND NOW, comes Julie M. Snyder, by and through her attorneys McNees Wallace & Nurick LLC and files this Answer with Counterclaim to Plaintiff's Petition to Clarify or Modify Prior Order. 1. Admitted. 2. Admitted. By way of further answer, the September 8, 2006 Order granted shared legal custody to the parties, and granted primary physical custody of the children to Mother, with Father having periods of temporary or partial custody. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Mother admits that it is her position that the shared legal custody provision contained in the September 8, 2006 Custody Order prevents Father from unilaterally enroll the children in a school other than the Harrisburg Academy. However, it is denied that the legal custody provision of the September 8, 2006 Custody Order is the sole legal authority for Mother's position. Paragraph 5 of the September 8, 2006 Custody Order contains the following relevant language: Neither party will change any of the activities in which the children are presently involved or schedule additional activities for the children which will impact the other parents' custodial time without prior consultation with and consent of the other parent. Further, the parties will share and pay the cost of tuition and other direct expenses to Harrisburg Academy, which the children presently attend, as they have previously agreed so that Father pays 38% of those expense and Mother pays 62% of those expenses... There can be no question that a change in the children's school will impact Mother and Father's custodial time. Furthermore, it is clear that the Court Order contemplates that the children will attend the Harrisburg Academy. To the extent the rest of this averment relates to Father's alternate interpretation of said provision and the relief that he seeks form the Court, no responsive pleading is required. 2 B. Admitted in part. Denied in part. Mother admits that the schedule of custody set forth in the September 2006 Order is not in the best interests of the children. However, Mother denies that it would be in the best interests of the children for the parties to share physical custody of the children on an equal basis. By way of further answer, the best interests of the children would be served by Mother continuing to have primary physical custody and by decreasing Father's periods of partial physical custody. In addition, in light of Father's inability to communicate with Mother regarding the important issues involving the children, the best interests of the children would further be served by amending the existing legal custody provisions to give Mother the ability to make certain legal custody decisions without Father's consent where Father either refuses to respond or his consent is being unreasonably withheld. 9. Admitted. 10. Admitted. COUNTERCLAIM 11. Mother's Answers to paragraphs 1 through 10 of Father's Petition are incorporated herein as if set forth in full. 12. On June 9, 2006, this Court ordered that a custody evaluation be performed by Dr. Arnold T. Shienvold. A copy of that Order is attached hereto as Exhibit "A". 13. The September 8, 2006 Custody Order addressed in Father's Petition and above is based upon a Stipulation entered into by the parties after the custody evaluation process was completed. The parties' agreement and the resulting Order were consistent with Dr. Shienvold's recommendations. 3 14. In the one year that has passed since Dr. Shienvold's recommendation and the parties' agreement/Court Order, significant issues and disagreements have arisen between the parties regarding custody. Father's Petition to Clarify or Modify the Prior Order highlights just one of the issues that has arisen. As stated above, Mother believes that the disagreements and changes over the past year necessitate the modification of the existing Custody Order to decrease Father's partial periods of physical custody and to grant Mother with the authority to make decisions regarding the children without Father's consent if Father refuses to respond to Mother or in situations where his consent is being unreasonably withheld. 15. In determining the custody arrangements that would be consistent with the best interests of the Children, Mother believes and therefore avers that the children, the parties and the Court will all benefit from a custody re-evaluation. 16. In light of the fact that Dr. Shienvold's original custody evaluation was completed approximately one year ago, Dr. Shienvold has significant information available to him regarding the parties, the children and the facts in this case. As such, Mother believes and therefore avers that a custody re-evaluation by Dr. Shienvold would result in significantly less expense than the original evaluation. 17. Mother believes that the costs any custody re-evaluation should be split equally by the parties. 4 WHEREFORE, Mother respectfully requests this Honorable Court to enter an Order: 1. Continuing Mother's primary physical custody of the children and decreasing Father's periods of partial physical custody; 2. Granting Mother sole legal custody of the children or including provisions which will enable Mother to make legal custody decisions which are in the best interests of the children in the event that Father refuses to respond to Mother's request for consent, or in the event that Father's consent is being unreasonably withheld. 3. Appointing Dr. Arnold T. Shienvold to perform a custody re-evaluation with the costs split equally between the parties. Dated: Q I-1 103 McNEES WALLACE & NURICK, LLC By, Attorneys for Defe x ?-? A } MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL V. JULIE M. SNYDER, CIVIL ACTION -LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 9th day of June, 2006, upon consideration of Defendant Julie M. Snyder's Petition for Special Relief and after re-examination of the Custody Conciliation Summary Report filed by Custody Conciliator Melissa Greevy, Esquire, on May 9, 2006, IT IS HEREBY ORDERED AND DIRECTED: 1. That a custody evaluation be preformed by Dr. Arnold Shienvold. The evaluation shall be completed as soon as possible and a report provided to the court no later than July 21, 2006. Cost of the evaluation shall be divided equally between the parties. All parties are directed to cooperate in Dr. Shienvold's evaluation and each party is directed to immediately schedule an appointment with Dr. Shienvold in order to ensure completion of the evaluation by July 21, 2006. 2. The phone conference previously scheduled for July 10 and the hearing scheduled for July 27 are hereby cancelled. Trial of this case is hereby set for the 2"d day of August, 2006 at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Father will be considered the moving party. IT IS FURTHER ORDERED AND DIRECTED that each party in this case shall file with the Court a pretrial memorandum listing the following: 1. A list of all fact witnesses; 2. A list of all expert witnesses; 3. Issues for resolution; 4. Estimated length of trial; 5. Any reports from appropriate agencies; and 6. Any reports of experts intended to be called as witnesses. These items shall be filed with the Court on or before 12:00 noon on Tuesday, July 25, 2006. By the Court, * M. L. Ebert, Jr., U J. Samuel Andes, Esquire Attorney for Plaintiff J. Paul Helvy, Esquire Attorney for Defendant bas n VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 4Miclle Armour, Legal Secretary Date: September 7, 2007 rn i MICHAEL E. SNYDER, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1888 JULIE M. SNYDER, Defendant IN DIVORCE PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM AND NOW comes the above-named Plaintiff by his attorney, Samuel L. Andes, and makes the following Reply to Defendant's Counterclaim: 11. No answer required. 12. Admitted. 13. Admitted with clarification. The order entered was somewhat different than Dr. Shienvold's recommendation and resulted from discussions between the parties. 14. It is admitted that the parties have had this agreement over the order. It is also admitted that it may be appropriate for the court to modify the order by awarding Plaintiff primary physical custody of the children. It is denied that Plaintiff's time with the children should be decreased or that Defendant should be authorized to make important decisions on behalf of the children. 15. Denied. The issues in this case are not so complicated that further evaluation is necessary. 16. Denied for the reasons set forth in Paragraph 15 above. 17. Denied. If Defendant wishes an evaluation and feel it is so important she, alone, should bear the costs of that. In the alternative, the costs should be apportioned between the parties in relation to their income. WHEREFORE, Plaintiff prays this court to dismiss Defendant's Counterclaim and award him the relief requested in his Petition. +au L. es Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 r 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). Date: 9-,?V-0 7 J (f ?-? Z- - /, J Michael E. Snyder CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: J . Paul Helvy, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: Oft&r'jr 001 alitaLth,?•z? Amy Harkins Secretary for Samuel L. Andes _- -eJ l i 4 f..-..t _'_ c "I :? J. Paul Helvy I.D. No. 53148 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 Attorneys for Plaintiff Julie M. Snyder MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 IN CUSTODY PLAINTIFF'S PETITION FOR CUSTODY RE-EVALUATION AND NOW comes Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC, and files this Petition for Custody Re-Evaluation. 1. The Petitioner is Julie M. Snyder, ("Wife"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Michael E. Snyder, ("Husband"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Over Father's objection, by Order of Court dated June 9, 2006, the parties were ordered to have a custody evaluation performed by Dr. Shienvold. The parties were to cooperate with Dr. Shienvold's office for the scheduling of the evaluation, and were to split the costs of the evaluation equally. Said evaluation was completed on August 11, 2006. 4. On September 8, 2006, upon Stipulation of the parties, the Court entered the Custody Order. Said Order is attached hereto and marked as Exhibit "A." 5. On August 7, 2007, Father filed a Petition to Clarify or Modify the Prior Order in an effort to increase the amount of custodial time he spends with the children. 6. Mother subsequently filed an Answer and Counterclaim to Father's Petition. In her Counterclaim, she asked the Court to, among other things, appoint Dr. Shienvold to perform a custody re-evaluation, with the costs to be split equally between the parties. A true and correct copy of said Answer and Counterclaim is attached hereto and marked as Exhibit T." 7. On November 1, 2007, a custody conference was held before Dawn Sunday Esquire. At said conference the parties were unable to reach an agreement regarding the custody of their children. 8. At said custody conference Father refused to agree to cooperate with Dr. Shienvold so that he could perform a custody evaluation. 9. Dr. Shienvold's involvement in this matter in 2006 was instrumental in enabling the parties to reach a custody agreement. 10. Mother believes and therefore avers that a. the likelihood of an amicable resolution of this matter would be dramatically increased if Dr Shienvold is permitted to perform a re-evaluation. b. Dr. Shienvold, having already conducted an evaluation that culminated in the issuance of a report in August 2006, has relevant information regarding the best interest of the children. C. Dr. Shienvold could conduct a custody re-evaluation at relatively little cost to the parties and in a relatively short period of time. 2 11. Opposing counsel has indicated that he does not concur in the relief requested in this Petition. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order requiring the parties to cooperate in engaging Dr. Shienvold to conduct a custody re- evaluation, and split the costs of said evaluation equally. Respectfully submitted, McNEES WALLACE & NURICK LLC By Dated: November 6, 2007 3 ., A MICHAEL E. SNYDER, ) IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA, VS. ) CIVIL ACTION LAW JULIE M. SNYDER, ) NO. 06-1888 CIVIL TERM Defendant ) IN CUSTODY oRUEx Saplennbe0. AND NOW this -0 111 day of A?agd s#, 2006, upon the stipulation of the parties as presented by their counsel, it appearing that the parties have agreed to the terms of this Order, we hereby order and decree as follows: 1. The parties, the Plaintiff, Michael E. Snyder (hereinafter "Father"), and the Defendant, Julie M. Snyder (hereinafter "Mother") shall share legal custody, as defined by the laws of Pennsylvania, of their minor children, Zachary M. Snyder, born May 12, 1993, and Benjamin M. Snyder, born January 16, 1998. The parties shall cooperate with each other to ensure the prompt exchange and disclosure of all significant information regarding the children and will cooperate to jointly make all decisions of significance in the children's lives. 2. During the school year, Mother shall have primary physical custody of the children and Father shall have the following periods of temporary or partial custody: A. Alternating weekends from Friday after school until Monday morning when they return to school, commencing with the second weekend after Father's last period of summer custody; B. Every Wednesday from after school until the children return to school Thursday morning. C. Every other Monday, following Father's non-custodial weekend, from after school until they return to school Tuesday morning. In the event that the children do not have school on any of the days Father is to return the children to school if Mother is working and if Father is not scheduled to work himself, he will keep the children with him for the day and return them to Mother when she returns from work later in the day. If the children do not have school on any of the mornings Father is to return the children to school and he is not available to care for them because he must work, he will deliver the children to whoever the parties have arranged, by mutual agreement, to provide child care for the children on those days by 9:00 a.m. Further, on any day when Father is scheduled not to work but Mother is required to work, Father shall have the right of first refusal to provide child care for the children on those days. 3. During the summer months the parties will share physical custody of the children on a week-to-week basis, with the time of exchange being at 6:00 p.m. on Friday. The weekly schedule during the summer months shall commence with Father having the children for the week which commences on the first Friday after the end of the children's school term. 4. Notwithstanding the above schedule, the parties shall share custody of the children on holiday vacations from school so that each of the parties has physical custody of the children for one-half of such vacations including, without limitation, Thanksgiving, Christmas, and spring vacation periods. Further, the parties will share or alternate physical custody of the children on other major holidays, including holidays recognized by the school the children attend. The details of the holiday schedule will be resolved by the parties by their mutual agreement and, in the event they cannot reach such an agreement, or, if necessary, by further order of this Court. 5. The parties will contribute equally to the costs of medical care, extracurricular and musical activities, and the like which the children pursue, including, without limitation, music and other lessons, camps, doctor's visits, dental care, and related expenses, provided that neither parent will incur non-medical expenses for the children in excess of $250.00 without the consent of the other parent. Neither party will change any of the activities in which the children are presently involved or schedule additional activities for the children which will impact the other parent's custodial time without prior consultation with and consent of the other parent. Further, the parties will share and pay the costs of tuition and other direct expenses to the Harrisburg Academy, which the children presently attend, as they have previously agreed, so that Father pays 38% of those expenses and Mother pays 62% of those expenses and the parties will cooperate with each other to make payment of those expenses promptly and efficiently. •,1 f 6. The parties accept the provisions for the payment of the schooling at the Harrisburg Academy and the extracurricular activities and medical expenses for the children in full satisfaction of any claim either party has against the other for the financial support of the children. Accordingly, neither party will file a support action or otherwise seek the entry of a support order against the other as long as the parties remain married and, as long as the parties remain married and this custody order is in full force and effect, Father will not seek spousal support or alimony pendente lite from Mother. 7. This Order resolves the issues scheduled for a hearing before this Court on Monday, August 21, 2006. BY THE COURT, ISI ? ?i t?ul ? . . , . J• DISTRIBUTION: Samuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 J. Paul Helvy, Attorney for Defendant, P.O. Box 1166, Harrisburg, PA 17108 TRUE C"!?V FROM RECORD In lestimon . 4 kcra unto set my hand 4e sear of moo,rtislL, Pa. /1 6 i r Z ? f? MICHAEL E. SNYDER, Plaintiff vs. JULIE M. SNYDER, Defendant r STIPULATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1888 CIVIL TERM IN CUSTODY AND NOW, this 29 4 day of August, 2006, the parties and their counsel have agreed that the Court shall enter the attached order to resolve their custody and related disputes regarding their children and all jointly request the Court to enter that order. Sa e L. Andes M' ael E. Sny er Attorney for Plaintiff Plaintiff r. McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 (717) 237-5300 (facsimile) pheivy[)-rnwn.com ckrentzman -mwn.com MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 IN CUSTODY NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES WALLACE & NURICK, LLC Y J. Paul Helvy Attorneys for Defendant Dated: September 7, 2007 McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 Cheryl 8. Krentzman Attorney I . D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 (717) 237-5300 (facsimile) t)helvv(a7mwn.com ckrentzman(a)mwn.com MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 IN CUSTODY ANSWER TO PLAINTIFF'S PETITION TO CLARIFY OR MODIFY PRIOR ORDER AND COUNTERCLAIM AND NOW, comes Julie M. Snyder, by and through her attorneys McNees Wallace & Nurick LLC and files this Answer with Counterclaim to Plaintiffs Petition to Clarify or Modify Prior Order. 1. Admitted. 2. Admitted. By way of further answer, the September 8, 2006 Order granted shared legal custody to the parties, and granted primary physical custody of the children to Mother, with Father having periods of temporary or partial custody. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Mother admits that it is her position that the shared legal custody provision contained in the September 8, 2006 Custody Order prevents Father from unilaterally enroll the children in a school other than the Harrisburg Academy. However, it is denied that the legal custody provision of the September 8, 2006 Custody Order is the sole legal authority for Mother's position. Paragraph 5 of the September 8, 2006 Custody Order contains the following relevant language: Neither party will change any of the activities in which the children are presently involved or schedule additional activities for the children which will impact the other parents' custodial time without prior consultation with and consent of the other parent. Further, the parties will share and pay the cost of tuition and other direct expenses to Harrisburg Academy, which the children presently attend, as they have previously agreed so that Father pays 38% of those expense and Mother pays 62% of those expenses... There can be no question that a change in the children's school will impact Mother and Father's custodial time. Furthermore, it is clear that the Court Order contemplates that the children will attend the Harrisburg Academy. To the extent the rest of this averment relates to Father's alternate interpretation of said provision and the relief that he seeks form the Court, no responsive pleading is required. 2 8. Admitted in part. Denied in part. Mother admits that the schedule of custody set forth in the September 2006 Order is not in the best interests of the children. However, Mother denies that it would be in the best interests of the children for the parties to share physical custody of the children on an equal basis. By way of further answer, the best interests of the children would be served by Mother continuing to have primary physical custody and by decreasing Father's periods of partial physical custody. In addition, in light of Father's inability to communicate with Mother regarding the important issues involving the children, the best interests of the children would further be served by amending the existing legal custody provisions to give Mother the ability to make certain legal custody decisions without Father's consent where Father either refuses to respond or his consent is being unreasonably withheld. 9. Admitted. 10. Admitted. COUNTERCLAIM 11. Mother's Answers to paragraphs 1 through 10 of Father's Petition are incorporated herein as if set forth in full. 12. On June 9, 2006, this Court ordered that a custody evaluation be performed by Dr. Arnold T. Shienvold. A copy of that Order is attached hereto as Exhibit "A". 13. The September 8, 2006 Custody Order addressed in Father's Petition and above is based upon a Stipulation entered into by the parties after the custody evaluation process was completed. The parties' agreement and the resulting Order were consistent with Dr. Shienvold's recommendations. 3 14. In the one year that has passed since Dr. Shienvold's recommendation and the parties' agreement/Court Order, significant issues and disagreements have arisen between the parties regarding custody. Father's Petition to Clarify or Modify the Prior Order highlights just one of the issues that has arisen. As stated above, Mother believes that the disagreements and changes over the past year necessitate the modification of the existing Custody Order to decrease Father's partial periods of physical custody and to grant Mother with the authority to make decisions regarding the children without Father's consent if Father refuses to respond to Mother or in situations where his consent is being unreasonably withheld. 15. In determining the custody arrangements that would be consistent with the best interests of the Children, Mother believes and therefore avers that the children, the parties and the Court will all benefit from a custody re-evaluation. 16. In light of the fact that Dr. Shienvold's original custody evaluation was completed approximately one year ago, Dr. Shienvold has significant information available to him regarding the parties, the children and the facts in this case. As such, Mother believes and therefore avers that a custody re-evaluation by Dr. Shienvold would result in significantly less expense than the original evaluation. 17. Mother believes that the costs any custody re-evaluation should be split equally by the parties. 4 WHEREFORE, Mother respectfully requests this Honorable Court to enter an Order: 1. Continuing Mother's primary physical custody of the children and decreasing Father's periods of partial physical custody; 2. Granting Mother sole legal custody of the children or including provisions which will enable Mother to make legal custody decisions which are in the best interests of the children in the event that Father refuses to respond to Mother's request for consent, or in the event that Father's consent is being unreasonably withheld, 3. Appointing Dr. Arnold T. Shienvold to perform a custody re-evaluation with the costs split equally between the parties. McNEES WALLACE & NURICK, LLC By Paul Dated: Attorneys for DefeaT6nt 5 MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL V. JULIE M. SNYDER, CIVIL ACTION - LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 9th day of June, 2006, upon consideration of Defendant Julie M. Snyder's Petition for Special Relief and after re-examination of the Custody Conciliation Summary Report filed by Custody Conciliator Melissa Greevy, Esquire, on May 9, 2006, IT IS HEREBY ORDERED AND DIRECTED: 1. That a custody evaluation be preformed by Dr. Arnold Shienvold. The evaluation shall be completed as soon as possible and a report provided to the court no later than July 21, 2006. Cost of the evaluation shall be divided equally between the parties. All parties are directed to cooperate in Dr. Shienvold's evaluation and each party is directed to immediately schedule an appointment with Dr. Shienvold in order to ensure completion of the evaluation by July 21, 2006. 2. The phone conference previously scheduled for July 10 and the hearing scheduled for July 27 are hereby cancelled. Trial of this case is hereby set for the 2nd day of August, 2006 at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Father will be considered the moving party. IT IS FURTHER ORDERED AND DIRECTED that each party in this case shall file with the Court a pretrial memorandum listing the following: 1. A list of all fact witnesses; 2. A list of all expert witnesses; 3. Issues for resolution; x . 4. Estimated length of trial; 5. Any reports from appropriate agencies; and 6. Any reports of experts intended to be called as witnesses. These items shall be filed with the Court on or before 12:00 noon on Tuesday, July 25, 2006. By the Court, -t - a'A `v` M. L. Ebert, Jr., J. Samuel Andes, Esquire Attorney for Plaintiff J. Paul Helvy, Esquire Attorney for Defendant bas fa' ) VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: : , CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 *MicelleiAtrtmUo:?u=r, Legal Secretary Date: September 7, 2007 { 1 • Y C=* Z ? .G" VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Oh le Armour, Legal Secretary Date: November 7, 2007 ? ?--, -?.> _ ? ??? O. .3 •' .. ?Y "'.? _ `1 r_. 9 : t J? . ? -? ?; ?. Q ?`' -- ;?. C t;,7 -- F % MICHAEL E. SNYDER, IN THE CO RT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 06-1 88 CIVIL V. JULIE M. SNYDER, CIVI ACTT N - LAW DEFENDANT IN C STO Y RT AND NOW, this 13th day of November, X01 for Custody Re-Evaluation filed by the Defend nt, IT IS HEREBY ORDERED AND DIRECTE 1. A Rule is issued upon the Plaintiff to should not be granted; 2. The Plaintiff will file an answer to thi 7, upon consideration of the Petition at: se why the relief requested n on or before November 26, 2007; 3. A copy of said answer will be filed with this Court; 5. If no answer to the Rule to Show cause is led by the required date, the relief requested by Defendant shall be granted. If thle Plaintiff files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, a hearing will then be scheduled. By the' Court,l Samuel L. Andes, Esquire Attorney for Plaintiff J. Paul Helvy, Esquire Attorney for Defendant bas M. L. Ebert, Jr., J. ?C3 £S ll?C? VIN'VAIASNN9d mNn L C *E Wd E 1. AOR DOZ O ?o Mo XCIW MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL V. JULIE M. SNYDER, CIVIL ACTION - LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2007, upon consideration of the Defendant's Petition for Custody Re-Evaluation, and the Court noting that the Plaintiff has not filed an Answer thereto, in accordance with the Order of Court dated November 13, 2007, IT IS HEREBY ORDERED AND DIRECTED that Dr. Shienvold is appointed to conduct a re-evaluation of the parties custody situation. The parties shall cooperate in Dr. Shienvold's re-evaluation and shall equally split the costs of said evaluation. By the Court, `Ml M. L. Ebert, Jr., Samuel L. Andes, Esquire Attorney for Plaintiff J. Paul Helvy, Esquire Attorney for Defendant 04ort." ontitIrr-CL is/s/v? mss' r?'1 bas ) ?' 1 •>'t ? t ? 14i' 1 ? f ? I I:11kl S- 1313tou MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL V. JULIE M. SNYDER, CIVIL ACTION -LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 5th day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 5 of the Cumberland County Courthouse on the 7th day of May, 2008, at 9:30 a.m. at which time testimony will be taken. For purposes of the hearing, the Father, Michael E. Snyder, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting for the each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. 2. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The parties shall attend a minimum of six (6) joint sessions and shall follow the recommendations of the counselor with respect to the frequency and duration of counseling. The parties shall equally share all costs of counseling which are not covered by insurance. 3. If the Court Ordered custody re-evaluation by Dr. Shienvold, that was ordered on December 5, 2007, is not completed by the above hearing date and time, the Attorney for Defendant shall Petition the Court for a continuance of the above hearing. By the Court, M. L. Ebert, Jr., v_-_muel L. Andes, Esquire Attorney for Plaintiff vd. Paul Helvy, Esquire Attorney for Defendant bas /tawo?)? 0 Wd 01 330 COOL MICHAEL E. SNYDER, ) Plaintiff ) vs. ) l JULIE M. SNYDER, Defendant ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1888 CIVIL TERM IN CUSTODY AND NOW this 30 day of , 2008, upon the agreement of the parties, it appearing that the custody reevaluation report by Dr. Shienvold has not been completed or provided to the parties, we hereby postpone the hearing set for May 7, 2008 and reschedule it for 3r-i the,-15 day of -c It _ 2008 at q.?30 a.m. Otherwise, the provisions of our order of December 5, 2007 shall remain in full force and effect. BY THE COURT, Distribution: - Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12t' Street, P.O. Box 168, Lemoyne, PA 17043 J. Paul Helvy, Esquire (Attorney for Defendant) P.O. Box 1166, Harrisburg, PA 17108-1166 (24v1 tS r-nc71 LL /3 / s r r 7( t18 C£ Uv 203Z -jHi -0 MICHAEL E. SNYDER, Plaintiff v. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1888 CIVIL TERM IN CUSTODY ORDER AND NOW this 1* day of M!q 2008, upon the agreement of the parties, it appearing that the custody reevaluation report by Dr. Shienvold has not been completed or provided to the parties, we hereby postpone the hearing set for July 25, 2008 at 9:30 a.m. and reschedule it for Wednesday, the 13'-day of August 2008 at 9:30 a.m. Otherwise, the provisions of our order of December 5, 2007 shall remain in full force and effect. BY THE COURT: J. Distribution: ? J. Paul Helvy, Esquire (Attorney for Defendant) /? P.O. Box 1166, 100 Pine Street, Harrisburg, PA 17108-1166 ? Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 Cap Ilec em:a I tom, YNVi1`1ASNN]d C :Z Wd 6- AVW 8001 AIMONOHiOdd Ni 3O 30,1?0-?sq MICHAEL E. SNYDER, Plaintiff V JULIE M. SNYDER, Defendant IN RE: CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 13th day of August, 2008, the parties having appeared in court for a hearing and reporting to the Court that they have reached an agreement to resolve all issues currently pending in this custody action, we hereby order and decree as follows: 1. The plaintiff, Michael E. Snyder, hereinafter referred to as Father, and Julie M. Snyder, hereinafter referred to as Mother, shall share legal custody, as defined by the laws of Pennsylvania, of their minor children, Zachary M. Snyder, born May 12, 1993, and Benjamin M. Snyder, born January 16, 1998. The parties shall cooperate with each other to insure prompt exchange and disclosure of all significant information regarding the children and shall cooperate to jointly make all decisions of significance in the children's lives. 2. During the school year, Mother shall have primary physical custody of the children and Father shall have the following periods of temporary or partial custody: A. Alternating weekends from Friday after school until Monday evening at 7:00 p.m., commencing with the second weekend after Father's last period of summer custody; and B. Every Wednesday from after school until the children return to school Thursday morning. In the event that the children do not have school Snyder V Snyder 06-1888 Civil Term Page 2 on any of the days Father is to return the children to school, if Mother is working, and if Father is not scheduled to work himself, Father will keep the children with him for the day and Mother shall assume custody when she returns from work later in the day. If the children do not have school on any of the mornings Father is to return the children to school, and he is not available to care for them because he must work, he will deliver the children to whoever the parties have arranged by their mutual agreement to provide child care for the children on those days, by 9:00 a.m. Further, on any day when Father is scheduled not to work but Mother is required to work, Father shall have the right of first refusal to provide child care for the children on those days. 3. During the summer months, during the children's school vacation, the parties shall share physical custody of the children on a week to week basis, with the time of exchange being at 6:00 p.m. on Friday. The weekly schedule during the summer months shall commence with Father having the children for the week which commences on the first Friday after the end of the children's school term. 4. Notwithstanding the above schedule, the parties shall share custody of the children during the following holiday vacations as follows: A. Thanksgiving: The holidays shall commence Snyder V Snyder 06-1888 Civil Term Page 3 Thursday morning at 9:00 a.m. and continue until Sunday evening at 7:00 p.m. In even numbered years Mother shall have custody from Thursday morning at 9:00 a.m. until Saturday morning at 9:00 a.m. and Father shall have the remainder of the holiday. In odd numbered years Father shall have custody from Thursday morning at 9:00 a.m. until Saturday morning at 9:00 a.m. and Mother shall have the remainder of the holiday. B. Christmas: The Christmas holiday shall. commence on December 23rd at 6:00 p.m. and continue until the evening prior to the day that the children return to school in the new year. In even numbered years Father shall have custody from December 23rd at 6:00 p.m. until 9:00 a.m. on December 28th and Mother shall have the remainder of the holiday. In odd numbered years Mother shall have custody from December 23rd at 6:00 p.m. until 9:00 a.m., December 28th, and Father shall have the remainder of the holiday. C. Spring vacation. In the event that the children have a spring vacation from school, the parties shall divide that vacation equally. The vacation shall commence at 6:00 p.m. on the last day of school and shall continue until 6:00 p.m. the day before school resumes. In even numbered years Father shall have the first half of the vacation and Mother shall have the second half. Snyder V Snyder 06-1888 Civil Term Page 4 In odd numbered years Mother shall have the first half and Father shall have the second half of that vacation. Each party shall notify the other in writing at least 30 days prior to the commencement of the vacation of their proposed exchange time at the middle of the vacation. D. Easter. If the Easter holiday does not fall within the children's spring vacation from school, the parties shall share the Easter holiday as follows. The Easter holiday shall commence at 6:00 p.m. on Saturday evening immediately preceding Easter Sunday and shall continue until 7:00 p.m. Easter evening. In even numbered years Mother shall have custody during the Easter holiday. In odd numbered years Father shall have custody during the Easter holiday. 5. Mother shall have custody of the children on Mother's Day from 6:00 p.m. the day before Mother's Day until 6:00 p.m. on Mother's Day. Father shall have custody of the children on Father's Day from 6:00 p.m. the evening before Father's Day until 6:00 p.m. on Father's Day. 6. Unless otherwise agreed, the parent receiving custody of the children shall be responsible to provide transportation for the children for custody exchanges. If the party surrendering custody does not have the children ready and their pick up by the other parent is delayed by 20 minutes, the parent surrendering custody will be then responsible to deliver Snyder V Snyder 06-1888 Civil Term Page 5 the children to the other parent. 7. Both parents shall the right to initiate daily telephone contact with the children, except when the children are on vacation with the other parent. In addition, even during periods of vacation, the children shall have the right to initiate telephone contact with the non-custodial parent. In the event of telephone contact, the telephone discussions shall not be excessive or overly lengthy. 8. Should either of the parties take the children out of town for an overnight period, they shall provide 24 hours advance notice, via e-mail, to the other parent and that notice shall include emergency contact information. 9. The parties will contribute equally to the costs of medical care, extracurricular and musical activities and the like for the children, including, without limitation, music and other lessons, camps, doctor's visits, dental care and related expenses, provided that neither parent will incur non-medical expenses for the children in excess of $250.00 without the prior consent of the other parent. Neither party shall change any of the activities in which the children are presently involved or schedule additional activity for the children which will affect the other parent's custodial time without prior consultation with and a prior consent of the other parent. 10. The parties acknowledge that there have been expenses incurred by each of them up to now that they have not yet resolved since the prior order in this matter dated September 8, 2006. Issues regarding those expenses, which include the cost of the children's attendance at the Harrisburg Academy for the Snyder V Snyder 06-1888 Civil Term Page 6 school year 2007 and 2008, are hereby referred to the Divorce Master to be resolved at the time that the other economic issues in the divorce action now pending between the parties are resolved. The parties shall each provide to the other, at least quarterly, from this date forward, lists of the expenses which they have incurred for the children for which they seek contribution from the other parent. In the event that the parties are not able to resolve any disagreements about those prospective expenses, we hereby refer the resolution of those disputes to the Divorce Master to be resolved at the time the other economic issues are resolved. 11. The children shall be enrolled in the Harrisburg Academy for the upcoming school year and for all future school years in which Mother pays the tuition and other direct expenses resulting from their enrollment. Mother shall be solely responsible to pay those expenses without any contribution from Father. 12. The parties accept the provisions for the payment of the extracurricular activity and medical expenses for the children in full satisfaction of any claim either party has against the other for the financial support of the children. Accordingly, neither party shall file a support action or otherwise seek the entry of a support order against the other as long as the parties remain married and, as long as the parties remain married and this custody order is in full force and effect, neither party shall seek an award of spousal support or alimony pendente lite from the the other. 13. Father shall pay to wife the sum of $1800.00 Snyder V Snyder 06-1888 Civil Term Page 7 within 30 days of the date of this Order to pay his one-half share of the professional fees incurred by Arnold Shienvold for his evaluation in this case. 14. Our prior Orders in this matter are vacated and replaced entirely with this order. By the Court, ,W\ I ?A M. L. Ebert, Jr. J. .X*a'muel L. Andes, Esquire For the Plaintiff vd'. Paul Helvy, Esquire For the Defendant `t .mtf V c _'n /V\C 0 MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition to Modify Custody Schedule and, in support thereof, avers as follows: 1. BACKGROUND INFORMATION 1. The Petitioner is Julie M. Snyder (hereinafter referred to as "Mother"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Pennsylvania 17055. 2. The Respondent is Michael E. Snyder (hereinafter referred to as "Father"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of Zachary M. Snyder, born on May 12, 1993, and Benjamin M. Snyder, born on January 16, 1998. 4. The parties separated in March 2006. 5. Since that time, Dr. Arnold Shienvold has conducted two separate custody evaluations. The first evaluation concluded with a report issued on August 11, 2006, and the second evaluation concluded with a report issued on May 20, 2008. 6. Dr. Shienvold recommended in his first custody evaluation that the boys spend alternating weekends from Friday after school until Monday morning, every Wednesday after school until Thursday, and alternating Monday evenings from after school until 8 p.m. with their Father, Mother agreed to the entry of an Order as recommended by Dr. Shienvold, except she agreed to make the alternating Mondays an overnight rather than simply a period of time from after school until 8 p.m. 7. An Order was entered on September 8, 2006, consistent with this agreement. 8. The second evaluation reveals that Zach stated that he continues to hold a grudge for his Father for hitting him in the past, and also stated that he feels that his father only wants custody of him "for show." Ben reported that although his Father has never hit him, he did see the things that happened to Zach. Ben stated that "when nothing is wrong, I feel safe to be around dad, but when something is wrong, I don't feel that way." By "something wrong," Ben stated that he meant if his Father had a bad day. (See Dr. Shienvold's report of May 20, 20098, pp. 13-14.) 9. In spite of Dr. Shienvold's findings regarding the children's concerns as they relate to their Father, he concluded in a second evaluation that "the current evaluation does not reveal any significant change in the overall living situations that would warrant a need for change in the custody arrangement." 10. On August 13, 2008, the date scheduled for trial on cross-petitions for modification of the existing order by the parties, an agreement was reached confirming the alternating weekend continuing the every other Wednesday after school until Thursday morning partial custody for Father, but deleting the Monday period of partial custody. A true and correct copy of said Order is attached hereto and marked Exhibit "A." 11. It had been Mother's sincere hope that by agreeing to a Custody Order which was substantially similar to the prior Custody Order, that she would be able to keep the peace and reduce the hostility and conflict that existed between her and Father. -2- II. THE OCTOBER 9, 2008 INCIDENT RESULTING IN THE ENTRY OF A PROTECTION FROM ABUSE ORDER 12. Unfortunately, on October 9, 2008, when Mother arrived at Father's house to pick up the children, Father slammed the car door on Plaintiffs leg, as Mother attempted to effectuate the exchange of the children. He then grabbed Mother by both upper arms, lifting her off the ground, shaking her and then slammed her down hard on the ground. All the while making comments such as "You need to learn to listen, "Oh that hurts," "Oh too bad," and "Scared, Julie?" All of this occurred in the presence of young Ben. 13. As a result of this incident, a Protection From Abuse Complaint was filed, and a Temporary Order was entered on October 24, 2008 with a permanent order being entered on October 24, 2008. A copy of the permanent Order is attached hereto and marked Exhibit "B." 111. REQUEST FOR MODIFICATION OF CUSTODY ORDER 14. Since this incident occurred, both boys have expressed fear and concern about going to Father's house. 15. Mother believes and therefore avers that although it is important that the boys have an ongoing relationship with Father, it is in the children's best interest that Father's time with the children be limited to every other weekend from Friday at a specified time until Sunday evening at a specified time. 16. The midweek periods of partial custody have proven to be increasingly disruptive to the children, particularly given the degradation in the parties' relationship associated with Father's behavior. 17. Although Dr. Shienvold recommended in his first evaluations that Father engage in counseling so that he could "begin to explore the impact of some of his early -3- experiences on his parenting, as well as deal with some of the issues he has with interpersonal relationships," Dr. Shienvold found that Father had attended very few sessions by the time of the May 2008 evaluation. (Dr. Shienvold's May 2008 Report, p. 16.) 18. Dr. Shienvold found in the May 2008 evaluation that "Mike does a very poor job of masking his anger and disdain for Julie, and has not worked on that issue in his therapy." 19. Based on Dr. Shienvold's recommendations and on the recent incident of physical abuse, Mother believes that it is imperative that Father commence a regular course of treatment and therapy. 20. Mother believes that until Father becomes more fully involved in counseling, which includes an anger management component, that the children are in danger of becoming victims of Father's anger. 21. Concurrent with the filing of this Petition, Mother is filing a separate Petition, a copy of which is attached hereto and marked as Exhibit "C," requesting the a) appointment of a Guardian Ad Litem in order to provide the children with an individual with whom they can confer outside of the context of a therapeutic setting, who can then act as an intermediary between the children and the Court; and b) requesting that an Order be entered permitting the children to continue seeing Dr. Mark Bigger. WHEREFORE, Petitioner respectfully requests this Honorable Court to A) Modify the existing Custody Order in order to provide Father with periods of partial custody from Friday afternoon through Sunday evening; B) Require Father to engage in counseling, and make Father's periods of partial custody contingent upon his continued involvement and participation in said counseling until such time as he is released from counseling by his therapist; -4- C) Appoint a Guardian Ad Litem to act as an intermediary between the children and the Court, so that their voices can be heard in this matter; and D) Permit the children to see Dr. Mark Bigger. Respectfully submitted, McNEES WALLACE & NURICK LLC By J. Paul H vy, Esquire I.D. N 3148 10 ine Street O. Box 1166 Harrisburg, PA (717) 232-5343 (7170 237-5300 (fax) Dated: October 28, 2008 Attorneys for Petitioner -5- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: , OW10? rM, Juyder MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 06-1888 CIVIL TERM JULIE M. SNYDER, IN CUSTODY Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of August, 2008, the parties having appeared in court for a hearing and reporting to the Court that they have reached an agreement to resolve all issues currently pending in this custody action, we hereby order and decree as follows: 1. The plaintiff, Michael E. Snyder, hereinafter referred to as Father, and Julie M. Snyder, hereinafter referred to as Mother, shall share legal custody, as defined by the laws of Pennsylvania, of their minor children, Zachary M. Snyder, born May 12, 1993, and Benjamin M. Snyder, born January 16, 1998. The parties shall cooperate with each other to insure prompt exchange and disclosure of all significant information regarding the children and shall cooperate to jointly make all decisions of significance in the children's lives. 2. During the school year, Mother shall have primary physical custody of the children and Father shall have the following periods of temporary or partial custody: A. Alternating weekends from Friday after school until Monday evening at 7:00 p.m., commencing with the second weekend after Father's last period of summer custody; and B. Every Wednesday from after school until the children return to school Thursday morning. In the event that the children do not have school Snyder V Snyder 06-1888 Civil Term Page 2 on any of the days Father is to return the children to school, if Mother is working, and if Father is not scheduled to work himself, Father will keep the children with him for the day and Mother shall assume custody when she returns from work later in the day. If the children do not have school on any of the mornings Father is to return the children to school, and he is not available to care for them because he must work, he will deliver the children to whoever the parties have arranged by their mutual agreement to provide child care for the children on those days, by 9:00 a.m. Further, on any day when Father is scheduled not to work but Mother is required to work, Father shall have the right of first refusal to provide child care for the children on those days. 3. During the summer months, during the children's school vacation, the parties shall share physical custody of the children on a week to week basis, with the time of exchange being at 6:00 p.m. on Friday. The weekly schedule during the summer months shall commence with Father having the children for the week which commences on the first Friday after the end of the children's school term. 4. Notwithstanding the above schedule, the parties shall share custody of the children during the following holiday vacations as follows: A. Thanksgiving: The holidays shall commence Snyder V Snyder 06-1888 Civil Term Page 3 Thursday morning at 9:00 a.m. and continue until Sunday evening at 7:00 p.m. In even numbered years Mother shall have custody from Thursday morning at 9:00 a.m. until Saturday morning at 9:00 a.m. and Father shall have the remainder of the holiday. In odd numbered years Father shall have custody from Thursday morning at 9:00 a.m. until Saturday morning at 9:00 a.m. and Mother shall have the remainder of the holiday. B. Christmas: The Christmas holiday shall. commence on December 23rd at 6:00 p.m. and continue until the evening prior to the day that the children return to school in the new year. In even numbered years Father shall have custody from December 23rd at 6:00 p.m. until 9:00 a.m. on December 28th and Mother shall have the remainder of the holiday. In odd numbered years Mother shall have custody from December 23rd at 6:00 p.m. until 9:00 a.m., December 28th, and Father shall have the remainder of the holiday. C. Spring vacation. In the event that the children have a spring vacation from school, the parties shall divide that vacation equally. The vacation shall commence at 6:00 p.m. on the last day of school and shall continue until 6:00 p.m. the day before school resumes. In even numbered years Father shall have the first half of the vacation and Mother shall have the second half. Snyder V Snyder 06-1888 Civil Term Page 4 In odd numbered years Mother shall have the first half and Father shall have the second half of that vacation. Each party shall notify the other in writing at least 30 days prior to the commencement of the vacation of their proposed exchange time at the middle of the vacation. D. Easter. If the Easter holiday does not fall within the children's spring vacation from school, the parties shall share the Easter holiday as follows. The Easter holiday shall commence at 6:00 p.m. on Saturday evening immediately preceding Easter Sunday and shall continue until 7:00 p.m. Easter evening. In even numbered years Mother shall have custody during the Easter holiday. In odd numbered years Father shall have custody during the Easter holiday. 5. Mother shall have custody of the children on Mother's Day from 6:00 p.m. the day before Mother's Day until 6:00 p.m. on Mother's Day. Father shall have custody of the children on Father's Day from 6:00 p.m. the evening before Father's Day until 6:00 p.m. on Father's Day. 6. Unless otherwise agreed, the parent receiving custody of the children shall be responsible to provide transportation for the children for custody exchanges. If the party surrendering custody does not have the children ready and their pick up by the other parent is delayed by 20 minutes, the parent surrendering custody will be then responsible to deliver Snyder V Snyder 06-1888 Civil Term Page 5 the children to the other parent. 7. Both parents shall the right to initiate daily telephone contact with the children, except when the children are on vacation with the other parent. In addition, even during periods of vacation, the children shall have the right to initiate telephone contact with the non-custodial parent. In the event of telephone contact, the telephone discussions shall not be excessive or overly lengthy. 8. Should either of the parties take the children out of town for an overnight period, they shall provide 24 hours advance notice, via e-mail, to the other parent and that notice shall include emergency contact information. 9. The parties will contribute equally to the costs of medical care, extracurricular and musical activities and the like for the children, including, without limitation, music and other lessons, camps, doctor's visits, dental care and related expenses, provided that neither parent will incur non-medical expenses for the children in excess of $250.00 without the prior consent of the other parent. Neither party shall change any of the activities in which the children are presently involved or schedule additional activity for the children which will affect the other parent's custodial time without prior consultation with and a prior consent of the other parent. 10. The parties acknowledge that there have been expenses incurred by each of them up to now that they have not yet resolved since the prior Order in this matter dated September 8, 2006. Issues regarding those expenses, which include the cost of the children's attendance at the Harrisburg Academy for the Snyder V Snyder 06-1888 Civil Term Page 6 school year 2007 and 2008, are hereby referred to the Divorce Master to be resolved at the time that the other economic issues in the divorce action now pending between the parties are resolved. The parties shall each provide to the other, at least quarterly, from this date forward, lists of the expenses which they have incurred for the children for which they seek contribution from the other parent. In the event that the parties are not able to resolve any disagreements about those prospective expenses, we hereby refer the resolution of those disputes to the Divorce Master to be resolved at the time the other economic issues are resolved. 11. The children shall be enrolled in the Harrisburg Academy for the upcoming school year and for all future school years in which Mother pays the tuition and other direct expenses resulting from their enrollment. Mother shall be solely responsible to pay those expenses without any contribution from Father. 12. The parties accept the provisions for the payment of the extracurricular activity and medical expenses for the children in full satisfaction of any claim either party has against the other for the financial support of the children. Accordingly, neither party shall file a support action or otherwise seek the entry of a support order against the other as long as the parties remain married and, as long as the parties remain married and this custody order is in full force and effect, neither party shall seek an award of spousal support or alimony pendente lite from the the other. 13. Father shall pay to wife the sum of $1800.00 Snyder V Snyder 06-1888 Civil Term Page 7 within 30 days of the date of this order to pay his one-half share of the professional fees incurred by Arnold Shienvold for his evaluation in this case. 14. Our prior Orders in this matter are vacated and replaced entirely with this Order. By the Court, IN\ I_ Uj M. L. Ebert, Jr. J. Samuel L. Andes, Esquire For the Plaintiff J. Paul Helvy, Esquire For the Defendant mtf 'RUE COPY FROM RECORD in 7 tsrronv whereof, I Xat utlt? set my ! ant , d/ e S04 c? io Co Carlisle, k- / 10-24-'08 11:21 FROM- Julie Maria Snyder Plaintiff V. Michael Eugene Snyder Defendant T-112 P002/006 F-659 : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6169 CIVIL ACTION - LAW ' PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Michael Eugene Snyder Defendant's Date of Birth: October 2, 1960 Defendant's Social Security Number: Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Julie Maria Snyder January 28, 1966 Plaintiff or Protected Person(s) is/are: [X) spouse or former spouse of Defendant [Xl parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ) child of Defendant [ ] family member related by blood (consanguinity) to Defendant C ] family, member related by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant [X] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Grace E. D'Alo 10-24-'08 11;21 FROM- T-112 P003/006 F-659 . Defendant appeared personally and is represented by.. Samuel L. Andes AND NOW, this 23rd Day of October, 2008 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADfUDGED and DECREED as follows: This order is entered by agreement without an admission. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiff's request for a final protection order is granted. 5. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 7 Dewberry Court Mechanicsburg, PA 17055 or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except as provided in Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Except as provided in paragraph 5 of this order, Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. Temporary custody of the minor children: 1. Zachary Michael Snyder 2. Benjamin Michael Snyder shall be as follows: • Custody and visitation of the above mentioned children shall be determined by the Orders Issued by 10-24-'08 11;21 FROM- T-112 P004/006 F-659 this court in Custody currently at Docket No. 06-1888. Non-harassing, non-threatening, non-abusive contact between the parties related to care, custody or at custody exchanges shall not be deemed a violation of this Order. THIS ORDER SHALL NOT SUPERSEDE THE CURRENT CUSTODY ORDER. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Upper Allen Township Police Department East Pennsboro Township Police Department Lower Allen Township Police Department Harrisburg City Police Department 7. All provisions of this order shall expire in 3 years on October 23, 2011. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR. A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL. NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g) 10-24-'08 11;21 FROM- (s). T-112 P005/006 F-659 NOTICE TO SHERI", POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs l through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County..shall maintain:?ossession of 1he>`firearms, other weapons or ammunition.urttil1urther order of.this court.. When Defendant is.placed..under.arrest for violationof.this order, Defendant shall be taken to the appropriate authority .or-authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of 10-24-'08 11;21 FROM- T-112 P006/006 F-659 BY THE COURT Date M. L. Ebert, Jr., Judge Entered pursuant to the consent of Plaintiff and Defendant: Maria Grace E. D'Alo Date Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle PA 17013 Distribution to: MidPenn Legal Services, Attorney for Plaintiff Samuel L. Andes, Attorney for Defendant Michael fAigene Snyder, Date Defendant Date Samuel L. Andes Date Attorney for Defendant P.O. Box 168 Lemoyne, PA 17043 4C& &-- TRUE COPY FROM RECORD in Testimony whereof, 1 her,- unto set my hand and the seal of said Court at Carlisle, Pa, .. .... da ?c? This. v of ....?..,..., Prothonotary Faxed and Mailed to PSP C MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1888 JULIE M. SNYDER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon review of the foregoing Petition, it is Ordered that: A. Lucy Johnston Walsh of the Children's Advocacy Clinic is appointed as Guardian Ad Litem in this matter; and B. The children shall have the right to continue counseling with Dr. Mark Bigger. BY THE COURT: J. MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1888 JULIE M. SNYDER, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition for Special Relief, and, in support thereof, avers as follows: L BACKGROUND 1. The Petitioner is Julie M. Snyder (hereinafter referred to as "Mother"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Pennsylvania 17055. 2. The Respondent is Michael E. Snyder (hereinafter referred to as "Father"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of Zachary M. Snyder, born on May 12, 1993, and Benjamin M. Snyder, born on January 16, 1998. 4. Concurrent with the filing of this Petition, a Petition for Modification of Custody has been filed, a copy of which is attached hereto and marked as Exhibit "A," the contents of which are incorporated herein as if set forth in full. II. REQUEST FOR SPECIAL RELIEF A. Request for Appointment of Guardian Ad Litem 5. Petitioner believes that an appointment of a guardian ad litem should be made on an expedited basis given the traumatic incident that has recently occurred as more fully described in the Petition for Modification. 6. Lucy Johnston Walsh with the Children's Advocacy Clinic of the Penn State Dickinson School of Law has been appointed as a Guardian Ad Litem in other cases in Cumberland County, and therefore has experience serving in this capacity. 7. Lucy Johnston Walsh has indicated that she is willing to serve as Guardian Ad Litem in this case. 8. Petitioner believes and therefore avers that it is in the best interests of the children that a guardian ad litem be appointed so that the children can speak with an individual outside of the therapeutic context who can act as an intermediary between the children and the Court. B. Request For Permission to Continue Counseling 9. Shortly after the parties separated in 2006, mother attempted to get the children involved in counseling to assist them in dealing with the issues associated with the parties separation. 10. Although Father made this process extremely difficult and costly by withholding his consent to counseling, with assistance of counsel, mother was able to obtain counseling for the children with Dr. Mark Bigger. 11. The children have developed a relationship with Dr. Bigger and have benefited as a result of that relationship. -2- 12. Although father was well aware of the fact that the children were involved in counseling, he did not participate in the counseling process until after he filed a Petition to Modify Custody (behavior which is consistent with Zach's belief that the positions that father has taken in this custody litigation have been "for show" rather than for the best interests of the children). 13. To date, father has been minimally involved in children's counseling process. In fact, in his May 2008 report, Dr. Shienvold found that "...Mike was not proactive nor particularly supportive in finding Zach an individual therapist. The process was delayed as a function of Mike's lack of response. When he responded, he stated he was not going to be a part of the therapy. It was not until the custody evaluation was initiated that Mike became a participant in Zach's therapy." (Dr. Shienvold's May 2008 Report, p. 16.) 14. Shortly after mother initiated the Protection from Abuse Proceedings, Father, through counsel, advised that he would no longer agree to allow the children to continue seeing Dr. Bigger. (Correspondence to this effect is attached hereto and marked as Exhibit "B" ) 15. Mother believes it is in the best interest of the children that they be permitted to continue to see Dr. Bigger rather than being forced to select and develop a relationship with a new counselor. 16. Given the fact that the parties have joint legal custody, barring an order of court, father has the ability to deny the children access to the counselor with whom they have established a relationship. -3- WHEREFORE, Petitioner respectfully requests this Honorable Court to a) appoint a Guardian Ad Litem to act as an intermediary between the children and the Court, so that their voices can be heard in this matter; and b) permit the children to continue seeing Dr. Mark Bigger. Respectfully submitted, McNEES WALLACE & NURICK LLC By. J. Pau elvy quire I.D o. 53 8 100 Pine treet P.O. Bo 1166 Harrisbur , 108 (717) 232-5343 (7170 237-5300 (fax) Dated: October 28, 2008 Attorneys for Petitioner -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date; 0 L l Ju a M, Snyder CERTIFICATE OF SERVICE The undersigned hereby certifies that on the-2SV\daY of , 2008, a true and correct copy of the foregoing document was served via facsimile and via first class mail upon the following: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 dicedIlle Armour Secretary for J. Paul Helvy CERTIFICATE OF SERVICE The undersigned hereby certifies that on the day of 2008, a true and correct copy of the foregoing document was served via facsimile and via first class mail upon the following: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 4MW*llbeA r Secretary for J. Paul Helvy s O 00 W y? v -? rn MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1888 JULIE M. SNYDER, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition for Special Relief, and, in support thereof, avers as follows: I. BACKGROUND 1. The Petitioner is Julie M. Snyder (hereinafter referred to as "Mother"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Pennsylvania 17055. 2. The Respondent is Michael E. Snyder (hereinafter referred to as "Father"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of Zachary M. Snyder, born on May 12, 1993, and Benjamin M. Snyder, born on January 16, 1998. 4. Concurrent with the filing of this Petition, a Petition for Modification of Custody has been filed, a copy of which is attached hereto and marked as Exhibit "A," the contents of which are incorporated herein as if set forth in full. 11. REQUEST FOR SPECIAL RELIEF A. Request for Appointment of Guardian Ad Litem 5. Petitioner believes that an appointment of a guardian ad litem should be made on an expedited basis given the traumatic incident that has recently occurred as more fully described in the Petition for Modification. 6. Lucy Johnston Walsh with the Children's Advocacy Clinic of the Penn State Dickinson School of Law has been appointed as a Guardian Ad Litem in other cases in Cumberland County, and therefore has experience serving in this capacity. 7. Lucy Johnston Walsh has indicated that she is willing to serve as Guardian Ad Litem in this case. 8. Petitioner believes and therefore avers that it is in the best interests of the children that a guardian ad litem be appointed so that the children can speak with an individual outside of the therapeutic context who can act as an intermediary between the children and the Court. B. Request For Permission to Continue Counseling 9. Shortly after the parties separated in 2006, mother attempted to get the children involved in counseling to assist them in dealing with the issues associated with the parties separation. 10. Although Father made this process extremely difficult and costly by withholding his consent to counseling, with assistance of counsel, mother was able to obtain counseling for the children with Dr. Mark Bigger. 11. The children have developed a relationship with Dr. Bigger and have benefited as a result of that relationship. -2- 12. Although father was well aware of the fact that the children were involved in counseling, he did not participate in the counseling process until after he filed a Petition to Modify Custody (behavior which is consistent with Zach's belief that the positions that father has taken in this custody litigation have been "for show" rather than for the best interests of the children). 13. To date, father has been minimally involved in children's counseling process. In fact, in his May 2008 report, Dr. Shienvold found that "...Mike was not proactive nor particularly supportive in finding Zach an individual therapist. The process was delayed as a function of Mike's lack of response. When he responded, he stated he was not going to be a part of the therapy. It was not until the custody evaluation was initiated that Mike became a participant in Zach's therapy." (Dr. Shienvold's May 2008 Report, p. 16.) 14. Shortly after mother initiated the Protection from Abuse Proceedings, Father, through counsel, advised that he would no longer agree to allow the children to continue seeing Dr. Bigger. (Correspondence to this effect is attached hereto and marked as Exhibit "B" ) 15. Mother believes it is in the best interest of the children that they be permitted to continue to see Dr. Bigger rather than being forced to select and develop a relationship with a new counselor. 16. Given the fact that the parties have joint legal custody, barring an order of court, father has the ability to deny the children access to the counselor with whom they have established a relationship. -3- WHEREFORE, Petitioner respectfully requests this Honorable Court to a) appoint a Guardian Ad Litem to act as an intermediary between the children and the Court, so that their voices can be heard in this matter; and b) permit the children to continue seeing Dr. Mark Bigger. Respectfully submitted, McNEES WALLACE & NURICK LLC By J. Pau elvy quire I. o. 53 8 100 Pine treet P.O. Bo 1166 Harrisbur , 108 (717) 232-5343 (7170 237-5300 (fax) Dated: October 28, 2008 Attorneys for Petitioner -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, §4904, relating to unsworn falsification to authorities, Date: , Q?VJID? r?-d-A- Ju der MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 IN CUSTODY NOTICE AND ORDER TO APPEAR You, Michael E. Snyder, Plaitniff, have been sued in court ito modify custody of the children: Zachary M. Snyder and Benjamin M. Snyder. You are ordered to appear in person at on 2008, at m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT: Dated: J. MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon review of the foregoing Petition, it is Ordered that: A) Father will have periods of partial custody from Friday afternoon through Sunday evening; B) Father will engage in counseling. Father's partial custody is contingent upon his continued involvement and participation in said counseling until such time as he is released by his therapist; C) A Guardian Ad Litem is appointed hereto to act as an intermediary between the children and the Court, so that their voices can be heard in this matter; and D) Children will continue to see Dr. Mark Bigger. BY THE COURT: J. MICHAEL E. SNYDER, Plaintiff V. JULIE M. SNYDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1888 Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Petitioner, Julie M. Snyder, by and through her attorneys, McNees Wallace & Nurick LLC and files this Petition to Modify Custody Schedule and, in support thereof, avers as follows: 1. BACKGROUND INFORMATION 1. The Petitioner is Julie M. Snyder (hereinafter referred to as "Mother"), an adult individual who currently resides at 7 Dewberry Court, Mechanicsburg, Pennsylvania 17055. 2. The Respondent is Michael E. Snyder (hereinafter referred to as "Father"), an adult individual who currently resides at 908 Peachtree Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of Zachary M. Snyder, born on May 12, 1993, and Benjamin M. Snyder, born on January 16, 1998. 4. The parties separated in March 2006. 5. Since that time, Dr. Arnold Shienvold has conducted two separate custody evaluations. The first evaluation concluded with a report issued on August 11, 2006, and the second evaluation concluded with a report issued on May 20, 2008. 6. Dr. Shienvold recommended in his first custody evaluation that the boys spend alternating weekends from Friday after school until Monday morning, every Wednesday after school until Thursday, and alternating Monday evenings from after school until 8 p.m. with their Father, Mother agreed to the entry of an Order as recommended by Dr. Shienvold, except she agreed to make the alternating Mondays an overnight rather than simply a period of time from after school until 8 p.m. 7. An Order was entered on September 8, 2006, consistent with this agreement. 8. The second evaluation reveals that Zach stated that he continues to hold a grudge for his Father for hitting him in the past, and also stated that he feels that his father only wants custody of him "for show." Ben reported that although his Father has never hit him, he did see the things that happened to Zach. Ben stated that "when nothing is wrong, I feel safe to be around dad, but when something is wrong, I don't feel that way." By "something wrong," Ben stated that he meant if his Father had a bad day. (See Dr. Shienvold's report of May 20, 20098, pp. 13-14.) 9. In spite of Dr. Shienvold's findings regarding the children's concerns as they relate to their Father, he concluded in a second evaluation that "the current evaluation does not reveal any significant change in the overall living situations that would warrant a need for change in the custody arrangement." 10. On August 13, 2008, the date scheduled for trial on cross-petitions for modification of the existing order by the parties, an agreement was reached confirming the alternating weekend continuing the every other Wednesday after school until Thursday morning partial custody for Father, but deleting the Monday period of partial custody. A true and correct copy of said Order is attached hereto and marked Exhibit "A." 11. It had been Mother's sincere hope that by agreeing to a Custody Order which was substantially similar to the prior Custody Order, that she would be able to keep the peace and reduce the hostility and conflict that existed between her and Father. -2- II. THE OCTOBER 9, 2008 INCIDENT RESULTING IN THE ENTRY OF A PROTECTION FROM ABUSE ORDER 12. Unfortunately, on October 9, 2008, when Mother arrived at Father's house to pick up the children, Father slammed the car door on Plaintiffs leg, as Mother attempted to effectuate the exchange of the children. He then grabbed Mother by both upper arms, lifting her off the ground, shaking her and then slammed her down hard on the ground. All the while making comments such as "You need to learn to listen, "Oh that hurts," "Oh too bad," and "Scared, Julie?" All of this occurred in the presence of young Ben. 13. As a result of this incident, a Protection From Abuse Complaint was filed, and a Temporary Order was entered on October 24, 2008 with a permanent order being entered on October 24, 2008. A copy of the permanent Order is attached hereto and marked Exhibit "B." III. REQUEST FOR MODIFICATION OF CUSTODY ORDER 14. Since this incident occurred, both boys have expressed fear and concern about going to Father's house. 15. Mother believes and therefore avers that although it is important that the boys have an ongoing relationship with Father, it is in the children's best interest that Father's time with the children be limited to every other weekend from Friday at a specified time until Sunday evening at a specified time. 16. The midweek periods of partial custody have proven to be increasingly disruptive to the children, particularly given the degradation in the parties' relationship associated with Father's behavior. 17. Although Dr. Shienvold recommended in his first evaluations that Father engage in counseling so that he could "begin to explore the impact of some of his early -3- experiences on his parenting, as well as deal with some of the issues he has with interpersonal relationships," Dr. Shienvold found that Father had attended very few sessions by the time of the May 2008 evaluation. (Dr. Shienvold's May 2008 Report, p. 16.) 18. Dr. Shienvold found in the May 2008 evaluation that "Mike does a very poor job of masking his anger and disdain for Julie, and has not worked on that issue in his therapy." 19. Based on Dr. Shienvold's recommendations and on the recent incident of physical abuse, Mother believes that it is imperative that Father commence a regular course of treatment and therapy. 20. Mother believes that until Father becomes more fully involved in counseling, which includes an anger management component, that the children are in danger of becoming victims of Father's anger. 21. Concurrent with the filing of this Petition, Mother is filing a separate Petition, a copy of which is attached hereto and marked as Exhibit "C," requesting the a) appointment of a Guardian Ad Litem in order to provide the children with an individual with whom they can confer outside of the context of a therapeutic setting, who can then act as an intermediary between the children and the Court; and b) requesting that an Order be entered permitting the children to continue seeing Dr. Mark Bigger. WHEREFORE, Petitioner respectfully requests this Honorable Court to A) Modify the existing Custody Order in order to provide Father with periods of partial custody from Friday afternoon through Sunday evening; B) Require Father to engage in counseling, and make Father's periods of partial custody contingent upon his continued involvement and participation in said counseling until such time as he is released from counseling by his therapist; -4- C) Appoint a Guardian Ad Litem to act as an intermediary between the children and the Court, so that their voices can be heard in this matter; and D) Permit the children to see Dr. Mark Bigger. Respectfully submitted, McNEES WALLACE & NURICK LLC By r. J. Paul H vy, Esquire I.D. No 3148 10 ine Street .O. Box 1166 Harrisburg, PAS (717) 232-5343 (7170 237-5300 (fax) Dated: October 28, 2008 Attorneys for Petitioner -5- VERIFICATION I verify that the statements made in the foregoing document are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §49D4, relating to unsworn falsification to authorities, Date: YM, JSnyder. CERTIFICATE OF SERVICE The undersigned hereby certifies that on thec Si' day of 2008, a true and correct copy of the foregoing document was served via facsimile and via first class mail upon the following: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 4Mille Armour Secretary for J. Paul Helvy OCT-24-2008(FRI) 09:01 MA ZING A001 *15; R O. DOS Joe I.MNOYNK. 1% 17040-01t" X-MJ,IL! f+ %A W-0-4m- Dr. Mark Bigger Pinnacle Health Psychological Associates 205 S. Front Street Harrisburg, PA 17105 24 October 2008 RE. Zachary & Benjamin Snyder Dear Dr. Bigger. P. 0021002 Y'KLItY110M K (717) 701-3001 TAX (7171 "1.1433 I represent Michael Snyder in what has proven to be a long and very difficult custody relationship with his wife, Julie. At Julie's request and insistence, their two sons, Zachary and Benjamin have been working with you on a personal counseling program for sometime. My client has attempted to become involved in the counseling program and has repeatedly attempted to communicate with you about the work you are doing with his sons. You have failed or refused to involve him in the counseling program in any meaningful way and recently have refused to communicate with him. Frankly, I find it very difficult to understand how you can work with the boys, in any serious therapeutic way, without receiving information from both of their parents. Since I assume you are communicating with Julie Snyder, I can only draw the conclusion that you are receiving information about the boys only from her. Since the boys are involved in the midst of the custody dispute between her parents, receiving information from only one side of that dispute prevents you from performing your function in a competent or impartial fashion. Michael Snyder has shared legal custody of the boys with his wife. Under the circumstances, we cannot agree to have you continue to work with the boys. Your refusal to communicate with Mr. Snyder and your apparent partiality, makes it impossible for us to have any confidence in your professional performance. Accordingly, you are directed to cease all further counseling sessions with the boys unless we can work something out that will assure the equal participation of both parents and a meaningful show of progress in your counseling program- If you have any questions about this, please contact my office directly. In the meantime, please discontinue all counseling sessions with the boys. Sincerely, amh Samuel Hndes, Esq. (FRX)717 761 1435 SAMUEL L. ANDES ATTORNEY AT LAW. 525 NOU= TWJS'YA#Tn 24TUMGV P. a nox Wu 7XWOYNX. ARNNSYLVANIA 17043 Samuel L. Andes cc: J. Paul Helvy, Esquire Mr. Michael E. Snyder CERTIFICATE OF SERVICE The undersigned hereby certifies that on the,7&V\day of /d b-?e?, 2008, a true and correct copy of the foregoing document was served via facsimile and via first class mail upon the following: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Jelle Armour Secretary for J. Paul Helvy 0o T? MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE M. SNYDER, DEFENDANT NO. 06-1888 CIVIL ORDER OF COURT AND NOW, this 31St day of October, 2008, upon consideration of Julie M. Snyder's Petition for Special Relief, IT IS HEREBY ORDERD AND DIRECTED that Lucy Johnston-Walsh, Esquire, of the Children's Advocacy Clinic is appointed Guardian Ad Litem for the children of the Parties. In regard to the issue of continued counseling with Dr. Mark Bigger, IT IS HEREBY ORDERED AND DIRECTED that a hearing on this matter will be held on Thursday, February 12, 2009, at 2:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. In the interim, IT IS FURTHER ORDERED AND DIRECTED that the children shall continue counseling with Dr. Mark Bigger. By the Court, N,-4, M. L. Ebert, Jr., J. ? Samuel L. Andes, Esquire Attorney for Plaintiff Paul Helvey, Esquire Attorney for Defendant ./?Lucy Johnston-Walsh, Esquire, GAL Cop 10-S rnat tccL I ,1(1a19* Court Administrator , gAS 11???og bas V! N N il,4 -1 Qimno ? 0 -.Oi V £- AON 9002 AM MICHAEL E. SNYDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-1888 CIVIL ACTION LAW JULIE M. SNYDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 04, 2008 , 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, December 02, 2008 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. 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. j I& 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 ?P? . I'- T" '4V 5 67-?,7 %: 1 S5 JAN ? F 2009 4 MICHAEL E. SNYDER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-1888 CIVIL ACTION LAW JULIE M. SNYDER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 0.hv ax -4 2009, upon consideration of the attached Custody Conciliation Report, it is o dered and directed as follows: 1. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated August 13, 2008 shall continue in effect. 2. The Guardian Ad Litem for the Children shall contact the Children's counselor, Dr. Mark Bigger to attempt to arrange an appointment between the Father and Dr. Bigger to take place prior to the hearing currently scheduled in this matter for February 12, 2009 on the issue of the Children's continued participation in counseling with Dr. Bigger. The purpose of the meeting shall be to provide the Father with an opportunity to discuss with the Children's counselor, without the counselor disclosing confidential communications with the Children, the counselor's goals for the counseling, the means to achieve the goals of counseling and possible suggestions for ways in which the Father can contribute to the goals of the Children's counseling. It is anticipated that following the meeting between the Father and Dr. Bigger, the Father will reassess the necessity of proceeding with the hearing scheduled for February 12, 2009 on the issue of whether the Children should continue in counseling with Dr. Bigger. 3. Within ten (10) days of the date of this Order, the parties shall contact the appropriate school personnel to schedule meetings on each Child's school performance and progress for the purpose of identifying concerns and establishing plans to address any concerns. Both parents and the Guardian Ad Litem for the Children shall attend the meetings. 4. The parties shall cooperate in further considering the possibility of initiating co-parenting counseling to establish sufficient communication and cooperation to enable them to effectively co- parent the Children and promote the Children's emotional well-being. BY THE COURT, ?*t ? M. L. Ebert, Jr. J. cc: el L. Andes, Esquire - Counsel for Father *uI Helvy, Esquire - Counsel for Mother ucy Johnston-Walsh, Esquire - GAL for the Children }i'i - I I NN L Z 14V 5092 MICHAEL E. SNYDER Plaintiff vs. JULIE M. SNYDER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1888 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zachary M. Snyder May 12, 1993 Mother/Father Benjamin M. Snyder January 16, 1998 Mother/Father 2. A custody conciliation conference was held on January 15, 2009, with the following individuals in attendance: the Father, Michael E. Snyder, with his counsel, Samuel L. Andes, Esquire, the Mother, Julie M. Snyder, with her counsel, J. Paul Helvy, Esquire, and Lucy Johnston-Walsh, Esquire and Amanda Franzen of the Children's Advocacy Clinic, who have been appointed Guardian Ad Litem for the Children by Order of this Court dated October 31, 2008. 3. The parties agreed to entry of an Order in the form as attached. G,n u aw, moo, ?cao 9 Date cr- Dawn S. Sunday, Esquire Custody Conciliator MICHAEL E. SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE M. SNYDER, DEFENDANT NO. 06-1888 CIVIL ORDER OF COURT AND NOW, this 10th day of February, 2009, upon consideration of the request from Counsel for the Defendant and with the concurrence of Counsel for Plaintiff, IT IS HEREBY ORDERD AND DIRECTED that the hearing scheduled for Thursday, February 12, 2009, at 2:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania is continued generally. Either party may request that the hearing be rescheduled if needed. vKamuel L. Andes, Esquire Attorney for Plaintiff Paul Helvey, Esquire Attorney for Defendant ,, cy Johnston-Walsh, Esquire, GAL bas By the Court, M. L. Ebert, Jr., J. J eel /,o 0 kNOCY- 6 S -.6 WV 01 93.E 6601 rfi lls i+ : <L ud 3HI JO