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HomeMy WebLinkAbout06-3210 MICHELLE K. TRESSLER, Plaintiff IN THE COURT OF COMMC CUMBERLAND COUNTY, P No. 4 4- &-2J0 Ci PLEAS 1NSYLV ANIA V. JUSTIN C. TRESSLER, Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Michelle K. Tressler, who currently resides at: 1 Cumberland County, Pennsylvania, 17013. 2. Defendant is Justin C. Tressler, who currently resides at: 42 Springs, Cumberland County, Pennsylvania, 17065. 3. Plaintiff seeks custody a order regarding the following chili NAME DOB A] it Term Meals Drive, Carlisle, Pine Rd., Mount Holly Gabriel K. Tressler 6/12/99(6) 13P Meals Drive C lisle, Pa. 17013 Tyler J. Tressler 8/7/1(4) Mother and Father were married on January 6, 2001. Father and mother currently share legal custody of the childr physical custody of the children. The children have resided with the following persons and at NAME ADDRESSES Michelle K. Tressler 130 Meals Drive Carlisle, Pa. 17013 Michelle K. Tressler 102 Dogwood Dr. Mt. Holly Springs, Pa. 17065 Meals Drive isle, Pa. 17013 Mother has primary following addresses: DATES 5/13/06 - present. 1/8/06 - 5/13/06 Michelle K. Tressler 102 Dogwood Dr. I 2001 to present Justin C. Tressler Mt. Holly Springs, Pa. 17065 The mother of the child is: Michelle K. Tressler, currently livi?g 130 Meals Drive, Carlisle, Pa. 17013. She is married to Justin C. Tressler. The father of the children is: Justin C. Tressler, currently Holly Springs, Pa., 17065. He is married to Michelle K. Tressler. 4. The relationship of plaintiff to the children is that resides with the children. 5. The relationship of defendant to the children is that defendant currently resides with are his parents. 6. Plaintiff has not participated as a party or witness, or in an litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has child or anyone who claims to have custody or visitation rights with i 7. The best interest and permanent welfare of the children relief requested because: Mother has had primary physical custoc 8. Each parent whose parental rights to the children have not person who has physical custody of the child have been named as pai at 431 Pine Rd., Mt. The Plaintiff currently The persons that the capacity, in other the children pending 31 custody of the to the children. served by granting the i terminated and the to this action. WHEREFORE, Plaintiff requests the court to enter an order g?anting custody of the children. I Respectfully sub itted, Date: f I l? !p r P ,4. I.D. 79465 64 outh Pitt Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF i t VERI I verify that the statements made in thi false statements herein are made subject to thi falsification to authorities. Date: at M t tx ? M -_ t51 MICHELLE K. TRESSLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN C. TRESSLER DEFENDANT 06-3210 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 12, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 14, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -,4z -1.0- /OP,7? * Avg " , ?;o -?? 11 /yu, (, MICHELLE K TRESSLER, Plaintiff V. JUSTIN C. TRESSLER, Defendant : IN THE COURT OF CUMBERLAND COUNTY, : NO. 06-3210 CIVIL ACTION - LAW : IN CUSTODY AND NOW, this c2O day of July 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The following TEMPORARY Custody Order is entered: A. The Mother, Michelle K Tressler, and the Father, Justin C. Tressler, shall enjoy shared legal custody of Gabriel K Tressler, born June 12, 1999 and Tyler J. Tressler, born August 7, 2001. B. The Mother shall enjoy primary physical custody of the minor children. C. The Father shall enjoy periods of temporary physical custody of the minor children on alternating weekends from Friday at approximately 3:30 until Sunday evening at 6:00 p.m. Additionally, Father shall enjoy custody with the two minor children on two evenings per week from 3:30 - 7:00, the evenings to be arranged between the parties. If the parties can't agree upon an evening schedule, the evenings shall be Tuesday and Wednesday. Father shall also have additional time with the minor children as agreed upon by the parties. 2. The parties shall submit themselves and the minor children to a custody evaluation to be performed by a professional selected by Father. Father shall pay the cost of the evaluation. However, the evaluation shall be an independent evaluation with the evaluator sharing the results of the evaluation with counsel for both parties. Both parents shall cooperate in the evaluation and ensure that the children are involved in the evaluation along with any significant others of the parties that the evaluator may want to interview. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement at that time, legal counsel for either party may contact the Conciliator directly to set up another conciliation conference which may be done via telephone conference with the attorneys. 3. Both parties shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the other parent. BY THE COURT, -\\ -? UA V Judge Cc: Jane Adams, Esquire Kara W. Haggerty, Esquire >' 7_,20.06 4 { ?,'J? A?, ? r,{! ?-? ??°?:j t MICHELLE K TRESSLER, Plaintiff V. JUSTIN C. TRESSLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.06-3210 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Gabriel K Tressler, born June 12, 1999 Tyler J. Tressler, born August 7, 2001 2. A Conciliation Conference was held on July 14, 2006 with the following individuals in attendance: The Mother, Michelle K Tressler, with her counsel, Jane Adams, Esquire The Father, Justin C. Tressler, with his counsel, Kara W. Haggerty, Esquire 3. The parties separated in January of this year. Mother has had primary custody since that time. Mother has fled a petition seeking an Order giving her primary custody. Father suggests that the more appropriate custodial arrangement would be for the parties to share legal custody on a 50-50 basis. Father is requesting a custody evaluation prior to the scheduling of any hearing. 4. The Conciliator recommends an Order in the form as attached which will provide for the custody evaluation requested by the Father and also include an Order confirming the existing status quo custodial arrangement pending a hearing in this case. Date: July i4. 2006 IJubert X.roy, Esquire Custody C nciliator MICHELLE K. I RESSLER, Plaintiff vs. JUSTIN C. TREISSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3210 Civil Term IN CUSTODY PETITION FOR MODIFICATION 1. Plaintiff is Michelle K. Tresller, (hereinafter referred to as "Mother"), who currently reside at 130 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defen ant is Justin C. Tressler, (hereinafter referred to as "Father"), who currently reside?at 431 Pine Road, Mount Holly, Cumberland County, Pennsylvania, 17065. 3. The parties were married on January 6, 2001 and were divorced on January 8, 2006. 4. Plaintiff and Defendant are the natural parents of the following children: NAME Gabrielle K. Tressler Tyler J. Tressler DATE OF BIRTH June 12, 1999 August 7, 2001 5. A custiody order was entered July 20, 2006, a copy of which is attached as Exhibit A. 6. Mother has primary custody of the children and desires to move to East Berlin, Pennsylvania before the beginning of the 2008 - 2009 school year. 7. The durrent custody schedule would be disruptive during the school year. 8. Moth r is requesting that the custody order be modified, to provide father with alternative but ?imilar periods of partial custody. WHEREFORE, Plaintiff requests the court to modify the custody order regarding the children. Date: -) ? ) V Respectfully submitted, Jan Adams, Esquire I o.79465 1 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF MICHELLE K TRESSLER, Plaintiff VF JUSTIN C. TRESSLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUN Y, PENNSYLVANIA NO. 06-3210 CIVIL ACTION - LAW : IN CUSTODY COURT ORDER AND NOW, this a2 c ? day of July 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The foll6wing TEMPORARY Custody Order is entered: A. The Mother, Michelle K. Tressler, and the Father, Justin C. Tressler, shall ejoy shared legal custody of Gabriel K. Tressler, born June 12, 1999 and Tyler 4. Tressler, born August 7, 2001. B. the Mother shall enjoy primary physical custody of the minor children. C. ' he Father shall enjoy periods of temporary physical custody of the minor ildren on alternating weekends from Friday at approximately 3:30 until unday evening at 6:00 p.m. Additionally, Father shall enjoy custody with the t{ o minor children on two evenings per week from 3:30 - 7:00, the evenings to be arranged between the parties. If the parties can't agree upon an evening soliedule, the evenings shall be Tuesday and Wednesday. Father shall also have additional time with the minor children as agreed upon by the parties. 2. The parities shall submit themselves and the minor children to a custody evaluation to be performed by a professional selected by Father. Father shall pay the cost of the evaluation. However, the evaluation shall be an independent evaluation with the evaluator sharing the results of the evaluation with counsel for both parties. Both parents the eval want to are una contact done vi: 3. Both the c. rp, [UE .0"fof Cc: ;hall cooperate in the evaluation and ensure that the children are involved in cation along with any significant others of the parties that the evaluator may nterview. Upon the conclusion of the evaluation and in the event the parties )le to reach an agreement at that time, legal counsel for either party may he Conciliator directly to set up another conciliation conference which may be telephone conference with the attorneys. shall enjoy reasonable telephone contact with the minor children when are in the custody of the other parent. FROM R ORU 1,1Weutwsemy l c? ' WI. C- ane Adams, Esquire :ara W. Haggerty, Esquire BY THE COURT, Judge C- XkI ?" +6 MICHELLE TRESSLER, laintiff v. JUSTIN C. TRESSLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3210 CIVIL ACTION - LAW : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The po-tinent information pertaining to the children who are the subject of this litigation is as follows: Gabriel K. Tressler, born June 12,1999 Tyler J. Tressler, born August 7, 2001 2. A Con filiation Conference was held on July 14, 2006 with the following individuals in attendance: The Mother, Michelle K. Tressler, with her counsel, Jane Adams, Esquire the Father, Justin C. Tressler, with his counsel, Kara W. Haggerty, Esquire 3. The pa 'es separated in January of this year. Mother has had primary custody since that ti e. Mother has fled a petition seeking an Order giving her primary custody. Father suggests that the more appropriate custodial arrangement would be for the parties' to share legal custody on a 50-50 basis. Father is requesting a custody evaluation prior to the scheduling of any hearing. 4. The Conciliator recommends an Order in the form as attached which will provide for the custody evaluation requested by the Father and also include an Order confirming the existing status quo custodial arrangement pending a hearing in this case. Date: July f , 2006 Hubert X. roy, Esquire Custody C nciliator VERIFICATION I verify that the statements made in this Complaint are true and correct. understand thai false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 elating to unsworn falsification to authorities. Date: d? Mi helle K. Tress , Plaintiff i I 9-5 W J d " (21 MICHELLE K. TRESSLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN C. TRESSLER DEFENDANT 2006-3210 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 29, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. aff/ Custody Conciliator I- 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 r , ,,:, t^? fti i `t?.;` ` ?`1!?1..1 v t ?, ? ?? t?. ? ?? ? 1 ? . , ,?i ?C .4 J MICHELLE K. TRESSLER, Plaintiff VS. JUSTIN C. TRESSLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2006-3210 CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P.1915.13 AND NOW, comes Petitioner, Justin C. Tressler, by and through his counsel, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Justin C. Tressler, an adult individual currently residing at 425 Arch Street, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Plaintiff, Michelle K. Tressler, an adult individual currently residing at 130 Meals Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Gabrielle K. Tressler, born June 12, 1999, and Tyler J. Tressler, born August 7, 2001. 4. The parties are subject to an Order of Court dated July 20, 2006, which is attached hereto and incorporated herein by reference as Exhibit "A". 5. The prior Order of Court suggested that the parties would engage in a custody evaluation, but neither party moved forward with the evaluation and they have been abiding by the Order of July 20, 2006 since the entry of that Order. 6. On or about July 24, 2008, Respondent filed a Petition for Modification of Custody requesting that she be permitted to retain primary physical custody of the children, but that she be permitted to move to East Berlin, Pennsylvania, and a Conciliation Conference is scheduled for August 29, 2008. 7. The children have resided in the Carlisle area, and more specifically in the South Middleton School District, for their entire lives. 8. The child, Gabrielle, will be entering 4`h grade in the South Middleton School District, having attended school in the South Middleton School District for her kindergarten, first grade, second grade and third grade years of schooling. 9. The parties' son, Tyler, has attended one year of schooling, attending kindergarten in the South Middleton School District. 10. The parties' daughter, Gabrielle, is involved in such extracurricular activities, such as piano lessons, Girl Scouts, and softball and the parties' son, Tyler, has been involved in such extracurricular activities as soccer and baseball. 11. All of the children's extracurricular activities have been in the South Middleton School District. 12. The Respondent is from the state of West Virginia and she has no extended family in the South Middleton (Boiling Springs) or Easter Berlin areas. 13. Petitioner's entire extended family live within the South Middleton School District or within the South Middleton School District area. 14. The children have required childcare for before school and after school periods, all of which childcare has been provided by childcare providers in the South Middleton School District. 15. Because of Petitioner's extended family residing in the South Middleton School District, they have provided additional care for the children and the children have attend school from the paternal grandmother's and paternal great-grandmother's homes and returned from school to those homes at times as well. 16. Respondent is employed by the Tressler Care Wilderness Center (Diakon), which is in the South Middleton School District. 17. Petitioner has had extensive involvement in the children's extracurricular activities and has had physical custody of the children for extended periods beyond those times set forth in the Court's Order of July 20, 2006. 18. Petitioner's decision to move from the South Middleton School District is a decision that was made without consideration of the needs of the children and based solely upon her desire to reside with her boyfriend. 19. The relationship between Petitioner and her boyfriend has been a "on again/off again" relationship and, in fact, that relationship had dissolved to where Petitioner and her boyfriend were dating other individuals just at the beginning of the summer of 2008. 20. It is understood that Respondent's boyfriend has shared physical custody of his two children such that he has his two teenage children in his care every other week. 21. It is Petitioner's understanding that there are only three bedrooms in Respondent's boyfriend's home, such that his younger children must share bedrooms with Respondent's boyfriend's older children. 22. Petitioner resides with his girlfriend where he has resided for approximately one year, which is not at the address set forth in the Petition for Modification of Custody, and it is a three bedroom home. 23. While Petitioner, at this time, resides within the Borough of Carlisle, he will be able to maintain the children in their present school district through the use of his mother (the paternal grandmother) and his grandmother (the paternal great- grandmother), who both reside in South Middleton School District. 24. The Petition for Modification of Custody was prepared and file without giving consideration to the best interest and needs of the children. 25. The Conciliation Conference in this matter is scheduled for a date after school is scheduled to begin. 26. Petitioner believes it is the Respondent's intention to transfer the children out of the South Middleton School District without the consent of Petitioner, who has shared legal custody of the children. 27. Judge M. L. Ebert, Jr. has been involved in this case previously through the execution of the prior Custody Order. 28. Petitioner has provided a copy of this Petition to opposing counsel, Jane Adams, Esquire, who indicates that the Respondent does not concur in this request. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon Respondent to show cause, if any she has, as to why the children should not be able to maintain their education in the South Middleton School District pending further proceedings in this matter and, if Respondent is unable to see to the children's attendance at the school, Petitioner should be afforded additional periods of physical custody to assist in maintaining the children's school at their present school district and the only school district they have known. Respectfully submitted, Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 200 North Hanover Street 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. Section 4904, relating to unsworn falsification to authorities. DATE: 08 l' JUS N C. TRESSLER MICHELLE K. TRESSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW JUSTIN C. TRESSLER, NO. 2006-3210 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the day of August, 2008, cause a copy of the within Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 to be served upon the Respondent, Michelle K. Tressler, by serving her attorney of record by facsimile and first class mail, postage prepaid, at the following addresses: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 DATE: aj"?/ 0 riffie, Esquire 4tornneey for Petitioner MICHELLE K. TRESSLER, : IN THE COURT OF COMMQN PLEAS OF . Plaintiff : CUMBERLAND COUN , PENNSYLVANIA V. NO. 06-3210 CIVIL A TIO7V =LAW JUSTIN C. TRESSLER, IN CUSTODY Defendant COURT ORDER AND NOW, this c2 a ? day of July 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The following TEMPORARY Custody Order is entered: A. The Mother, Michelle K. Tressler, and the Father, Justin C. Tressler, shall enjoy shared legal custody of Gabriel K. Tressler, born June 12,1999 and Tyler J. Tressler, born August 7, 2001. B. The Mother shall enjoy primary physical custody of the minor children. C. The Father shall enjoy periods of temporary physical custody of the minor children on alternating weekends from Friday at approximately 3:30 until Sunday evening at 6:00 p.m. Additionally, Father shall enjoy custody with the two minor children on two evenings per week from 3:30 - 7:00, the evenings to be arranged between the parties. If the parties can't agree upon an evening schedule, the evenings shall be Tuesday and Wednesday. Father shall also have additional time with the minor children as agreed upon by the parties. 2. The parties shall submit themselves and the minor children to a custody evaluation to be performed by a professional selected by Father. Father shall pay the cost of the evaluation. However, the evaluation shall be an independent evaluation with the evaluator sharing the results of the evaluation with counsel for both parties. Both parents shall cooperate in the evaluation and ensure that the children are involved in the evaluation along with any significant others of the parties that the evaluator may want to interview. Upon the conclusion of .the evaluation and in the event the parties are unable to reach an agreement at that time, legal counsel for either party may contact the Conciliator directly to set up another conciliation conference which may be done via telephone conference with the attorneys. 3. Both parties shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the other parent. r uE COPY FROM M ORt) ° Eitttr?r t w , i hwe Unto set afy 1 :v liW M SW C"o at Cw", PL PfOIMOCI[IAl rO Cc: Jane Adams, squire Kara W. Haggerty, Esquire BY THE COURT, & gyn. ?.?r= Judge r--, _I_'I-,I MICHELLE K. TRESSLER, Plaintiff V. JUSTIN C. TRESSLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. : NO. 06-3210 CIVIL ACTION - LAW : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Gabriel K. Tressler, born June 12,1999 Tyler J. Tressler, born August 7, 2001 2. A Conciliation Conference was held on July 14, 2006 with the following individuals in attendance: The Mother, Michelle K. Tressler, with her counsel, Jane Adams, Esquire The Father, Justin C. Tressler, with his counsel, Kara W. Haggerty, Esquire 3. The parties separated in January of this year. Mother has had primary custody since that time. Mother has filed a petition seeking an Order giving her primary custody. Father suggests that the more appropriate custodial arrangement would be for the parties to share legal custody on a 50-50 basis. Father is requesting a custody evaluation prior to the scheduling of any hearing. 4. The Conciliator recommends an Order in the form as attached which will provide for the custody evaluation requested by the Father and also include an Order confirming the existing status quo custodial arrangement pending a hearing in this case. Date: July, 2006 Hubert X. GAroy, Esquire Custody C nciliator VERIFICATION I verify that the statements made in this Complaint 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. Dare: 1'dN/bY LJ.i heI a K. Tress , Plaintiff C?1 4 .0 lz4w q,9 ?J V V _ R 1 1 J MICHELLE K. TRESSLER, Plaintiff VS. JUSTIN C. TRESSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3210 Civil Term IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Mother has moved to East Berlin, Pennsylvania, 17316. 3. Admitted. 4. Admitted. 5. Admitted. The prior order directed that Father select a professional and pay for a custody evaluation. Father did not select a professional, move forward with the evaluation, or offer to pay for the evaluation, and the parties have been following the July 20, 2006 Order. 6. Admitted. A custody conciliation in this matter is scheduled for August 29, 2008. Mother requested she be permitted to move to East Berlin. Her new residence is approximately one hour away, and the custodial schedule provided in the July 20, 2006 is being followed since the time she moved. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part. It is denied that Gabrielle has been involved in softball. 11. Admitted. 12. Admitted. 13. Admitted in part. However, Father's "extended family" consists of three people, namely, his parents and grandmother. Only grandmother has regularly and occasionally provided daycare for the children. 14. Admitted. 15. Admitted in part, denied in part. Father's parents have helped with childcare two times since the parties' divorce in 2007. Father's grandmother has helped occasionally with snow days and other times. 16. Admitted. 17. Denied. Since the prior court order in July 2006, Father has come to several of Tyler's baseball games and has had the children occasionally for an extra hour or two. Since the date of separation in 2006, Father has had the children overnight for a total of approximately two extra weekends. He has never had them or requested a week long vacation time during the summer. 18. Denied. Such a move would improve the life of the children. In addition, such a move would not affect Father's periods of partial custody. 19. Denied. Mother is now engaged. 20. Admitted. 21. Admitted. However, there is sufficient space as there are separate bedrooms for the boys and the girls. Also, Mother is planning an addition to provide additional bedrooms. 22. Denied. Father has lived regularly at his parents house during the past year. As recently as July 2008, Father had split up with his girlfriend. Also, Father's current residence is not in South Middleton School District. 23. Denied. Mother knows of no way to legally keep the children in South Middleton School District unless grandmother or great-grandmother have physical custody. Mother strongly objects to standing of grandmother and great-grandmother. 24. Denied. The move will improve the quality of life of the children, and the current custody arrangements can continue to be maintained. Mother first discussed this matter with Father in mid-July 2008. Father's response was that he would agree, but only if Mother reduced his child support. Father is motivated by his personal financial desire, and not the best interest of the children. 25. Admitted; however, given Mother and Father's current residences, the children cannot continue to attend South Middleton School District. If this matter is not resolved, the children may not be able to attend any school until the conciliation. 26. Given Mother and Father's current residences, the children cannot continue to attend South Middleton School District. Mother consulted with Father about this matter in mid-July, the petition to modify was filed on or about July 24, 2008, and Father chose not to oppose this matter until the filing of a petition on or about August 19, 2008. Since Mother's move, the parties have continued to follow the prior court order, and Father's periods of partial custody have remained the same. Father's motivation is to cause disruption in the lives of the children, and to obtain custody and avoid his child support obligation, and avoid the requirement to obtain a custody evaluation before he is granted additional time. 27. Admitted. 28. Admitted, Mother does not concur in Father's request. WHEREFORE, Plaintiff requests the court to DENY Petitioner's request for special relief and Order that the children be attend the school district in which Mother resides. Date: Ja e,Adams, Esquire (. •.,'No. 79465 W. W. South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ATTORNEY VERIFICATION Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for Michelle Tressler. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing response as known to her and not necessarily to her client. She reviewed this response with her client. 4. The facts set forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 91414 e Adams, Esquire W. South St. arlisle, Pa. 17013 Attorney for Michelle Tressler CERTIFICATE OF SERVICE AND NOW, this August 21, 2008, 1, Jane Adams, Attorney for Michelle Tressler, hereby certify that a copy of the RESPONSE TO THE PETITION FOR SPECIAL RELIEF has been forwarded to the following parties, by regular mail, postage pre-paid, addressed to: Brad Griffie, Esquire 200 N. Hanover St. Carlisle, Pa. 17013 ATTORNEY FOR FATHER r Ja Adams, Esquire 1. . No. 79465 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER 4 `A r7l AUG 19 2008 MICHELLE K. TRESSLER, Plaintiff vs. JUSTIN C. TRESSLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2006-3210 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 19i? day of A?, Q d 1k2008, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Respondent, Michelle K. Tressler, to show cause, if any she has, as to why the relief requested should not be awarded. Rule is returnable 10 days after service by first class mail, postage prepaid, upon counsel of record for Respondent. Pending further Order of Court or agreement of the parties in this matter, the children shall attend school for the 2008-2009 school year in the South Middleton School District. The prior Order entered in this matter on July 20, 2006 shall remain in effect. In the event that the Respondent, Michelle K. Tressler, is unable to make arrangements to see that the children attend school in the South Middleton School District, physical custody of the children may be shared with Petitioner in a manner that allows for this to take place. Otherwise, the Order of July 20, 2006 shall be followed. BY THE COURT, Cc:dley L. Griffie, Esquire ttorney for Petitioner/Defendant ne Adams, Esquire Attorney for Respondent/Plaintiff - lk-? ?, M. L. Ebert, Jr., Judge VW)o l :Z ??J 61 AV aOOZ A4iVIUI1Wi- M,Y,.tJiiwJ ,.?i MICHELLE K. TRESSLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN C. TRESSLER, DEFENDANT NO. 06-3210 CIVIL ORDER OF COURT AND NOW, this 25th day of August, 2008, upon consideration of Mother's Petition for Modification of Custody, which is scheduled for a conciliation hearing on August 29, 2008, at 8:30 a.m., Father's Petition for Special Relief and the Mother's Answer thereto and after status conference in this case, IT IS HEREBY ORDERED AND DIRECTED that the children will be allowed to enroll in the Kralltown Elementary school of the Dover Area School District until further order of court. By the Court, Xne Adams, Esquire Attorney for Plaintiff ,,Bradley Griffie, Esquire Attorney for Defendant , Kubert X. Gilroy, Esquire Custody Conciliator bas c 6? A 1?0\ -? I M. L. Ebert, Jr., 0 J. t t?i??iitr, t 1??"h?,'``?? 1 p n ?ano/ MICHELLE K. TRESSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JUSTIN C. TRESSLER, NO. 2006-3210 Defendant IN CUSTODY COURT ORDER AND NOW, this ` day of September, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled' Courtroom #5 of the Cumberland County Courthouse on the 3bday of , 2008, at m. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at last five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of July 20, 2006, as amended by Order of August 25, 2008, shall remain in place. BY THE COURT, 1%x, --? ?AA\ M. L. Ebert, Jr., Judge cc: "ane Adams, Esquire -***'Bradley L. Griffie, Esquire 1( ... } MICHELLE K. TRESSLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JUSTIN C. TRESSLER, Defendant Prior Judge: the Honorable M. L. Ebert, Jr. CIVIL ACTION - LAW NO. 2006-3210 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Gabriel K. Tressler, born June 12, 1999 Tyler J. Tressler, born August 7, 2001 2. A Conciliation Conference was held on August 29, 2008, with the following individuals in attendance: the mother, Michelle K. Tressler, and her counsel, Jane Adams, Esquire, and the father, Justin C. Tressler, with his counsel, Bradley L. Griffie, Esquire 3. The Mother has relocated to York County and the parties have been before Judge Ebert on some preliminary issues. Judge Ebert has issued an Order temporarily allowing the Mother to relocate with the children to York County. Father vigorously opposes that position and wants a hearing scheduled as soon as possible. 4. Based upon the fact that the matter has been before Judge Ebert, the Conciliator is not prepared to recommend any change to the existing Order. All of the issues, such as transportation and other major issues, should be addressed at the hearing. However, the Conciliator did note that pursuant to his suggestion and agreement of the parties the Father was going to receive custody on Labor Day of this year because Mother is working. The parties will handle that with a confirmation of the arrangements being done via a letter from Father's counsel to Mother's counsel in advance of the holiday. 5. The Conciliator recommends an Order in the form as attached. Date: August o2 q , 2008 Hubert X. Gi Custody Con MICHELLE K. TRESSLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN C. TRESSLER, DEFENDANT NO. 06-3210 CIVIL ORDER OF COURT AND NOW, this 4th day of December, 2008, due to a conflict with the Court's schedule, IT IS HEREBY ORDERED AND DIRECTED that the hearing in this matter set for Tuesday, December 30, 2008, shall be continued to Monday, February 9, 2009, at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. bert, Jr., J. ?Jane Adams, Esquire Attorney for Plaintiff ./ Bradley Griffie, Esquire Attorney for Defendant bas i;./A.11o6 ty?n ? ?? '?_ 1 1 ? + ? +? 3 t is ? ? ??; ?:, , T' d?'_L :3'. MICHELLE K. TRESSLER, Plaintiff vs. JUSTIN C. TRESSLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3210 Civil Term IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this o'?.•d day ofb rvrrr'? 2009, by and between Michelle K. Tressler, (Hereinafter referred to as "Mother"), of East Berlin, York County, Pennsylvania, and Justin C. Tressler, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Gabrielle K. Tressler, born June 12, 1999; and Tyler J. Tressler, born August 7, 2001; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of each child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to each child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall remain with Mother. Father shall have liberal periods of partial custody with the children, as provided in this agreement, and as mutually agreed by the parties. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the primary custodial parent for a certain period of time. Father shall have the following periods of partial custody: a. School Year. When school is in session, Father shall have a period of partial custody with the children three weekends per month from Friday at approximately 3:30 p.m. through Sunday evening at 6:00 p.m. Father shall also have the children every Tuesday from 4:15 p.m. through 7:15 p.m. If the children or parties have an activity on Tuesday, the parties may agree for Father to have the same period of time on another weekday evening. b. Summer. Beginning on the Friday after school ends, and continuing on through the Friday before school starts, the children shall be primarily with Father and Mother shall have the children every other weekend from Friday at approximately 3:30 p.m. through Sunday at 6:00 p.m. Father shall be responsible for making arrangements for child care during the summer. i. During the summer, each party shall be entitled to two non-consecutive full weeks with the children, to consist of six overnights, provided that thirty (30) days notice is given to the other parent. ii. In addition, the children will visit with Mother's relatives in West Virginia for at least two consecutive weeks each summer, with at least thirty (30) days notice of the dates of the visit to be given to Father. c. Thanksgiving. For Thanksgiving, Father shall always have the children from 3:00 p.m. on Thanksgiving Day through the Sunday following Thanksgiving at 6:00 p.m. d. Christmas. For Christmas, the parties will alternate custody of the children with Mother having the children from 3:00 p.m. on Christmas Eve until 3:00 p.m. on Christmas day and Father having the children from 3:00 p.m. on Christmas Day until 6:00 p.m. on December 30th for 2008 and all subsequent even numbered years. For odd numbered years, Father shall have the children from 3:00 p.m. on Christmas Eve until 3:00 p.m. on Christmas day, Mother shall have the children from 3:00 p.m. on Christmas day through 6:00 p.m. on December 26th, and Father shall have the children from December 26th at 6:00 p.m. through 6:00 p.m. on December 30th. e. Mother's Day and Father's Day. Mother shall always have the children on Mother's Day from 9:00 a.m. through 5:00 p.m. and Father shall always have the children on Father's Day from 9:00 a.m. through 5:00 p.m. f. All other holidays shall be divided on an equal basis as per the parties agreement. 4. Taxes. The parties agree that Father shall have the right to claim Gabrielle K. Tressler, and Mother shall claim Tyler J. Tressler as an exemption for tax purposes each year. Once the parties can no longer claim Gabrielle, the parties will alternate claiming Tyler, with Mother to claim Tyler the first year. 5. Transportation and Exchange. The transportation shall be shared equally by the parties. At all times, all children shall be secured in appropriate passenger restraints. 6. Extracurricular Activities. Upon notification to one parent of the scheduling of a school, sporting, or other extracurricular activity, they shall promptly provide notice to the other parent of the time and date of the activity or shall promptly provide a schedule of the activities. Both parties shall agree to honor and participate in the activities in which the child wishes to engage. During the times that each parent has custody of the Child, they will make certain that the child attend any previously-scheduled extra-curricular activities. The parties are directed to be supportive of the activities in which the Child is involved and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Each parent will provide the other parent with copies of schedules regarding any activity in which the Child is enrolled. Neither parent, however, shall commit the Child to any activity unless the Child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the Child maintaining passing grades in school. Neither parent shall commit the Child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the then-custodial parent shall not be required to take the Child to that activity if the custodial parent and the Child are out of town during that activity, for a previously-schedule vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pick-up in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate transportation is provided. In the event that any Child is unable to attend school due to illness or school closings, or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day and notify the non-custodial parent of the Child's illness. 7. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in each child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. 8. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 9. Welfare of each Child to be Considered. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of a child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 10. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 11. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 12. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 13. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Witness -z/6A. - (V" -'gw? Justin C. Tressler, Father Date: Witness ichelle K Tres r, other Date: 7 y,? g t' 0 ?;g CZ, ;: i Co - J o ` -i 'FEB 0 5 2009 MICHELLE K. TRESSLER, Plaintiff VS. JUSTIN C. TRESSLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-3210 CIVIL TERM IN CUSTODY PRIOR JUDGE: M. L. EBERT, JR. ORDER OF COURT AND NOW, this Q1_1' day of February, 2009, the attached Custody Stipulation and Agreement is hereby made an Order of Court. The hearing previously scheduled in this matter for Monday, February 9, 2009, at 9:00 a.m., is canceled in light of the parties' resolution of this matter by Agreement. All prior Agreements and Orders in this matter are vacated. BY THE COURT, ?? ?x \ M. L. Ebert, Jr., Judge CQ/4ane Adams, Esquire Attorney for Plaintiff ,,,,Rradley L. Griffie, Esquire Attorney for Defendant a ? IQAf1 . JA ino 10:6 ;OV 6_ 831 bag?