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HomeMy WebLinkAbout06-4712 Howard B. Krug, Esquire PA Atty. ID No. 16826 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: hkruaftkh.com JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01. - LISA M. HALE, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY NOW COMES Plaintiff, JEREMY A. REESE, by his attorneys, Purcell, Krug & Haller, and files the following Custody Complaint: 1. The Plaintiff is JEREMY A. REESE, an adult individual residing at 2001 Rupley Road, Apt. 309, Camp Hill, PA 17011, Cumberland County, Pennsylvania. 2. The Defendant is LISA M. HALE, an adult individual residing at 29 S. Second Street, Wormleysburg, PA 17043, Cumberland County, Pennsylvania 17020. 3. Plaintiff seeks shared legal and physical custody of the following children: Name Micala Alyssa Reese Taylor Renee Reese Anthony James Reese Date of Birth/Aae February 23, 1999 October 31, 2000 December 13, 2001 The children reside at 2001 Rupley road, Middletown, PA 17057 and 29 S. Second Street, Wormleysburg, PA 17043. 4. The children were born out of wedlock. 5. The children are presently in the shared physical custody of both the Plaintiff and Defendant. 6. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Jeremy Reese/Lisa Hale Lisa Hale Lisa Hale Lisa Hale Lisa Hale Jeremy Reese Lisa Hale (Joint) 922B State St Lemoyne, PA 17043 691 State St. Lemoyne, PA 17043 1113 N. 2nd St., Apt. 32 Harrisburg, PA 17102 437 N. 13th St. Lebanon, PA 17046 918 Chestnut St. Lebanon, PA 17042 2001 Rupley Road, Apt. 309 Camp Hill, 17011 29S.2 nd St. Wormleysburg, PA 17043 02/01/2000 - 06/05/2001 06/05/2001 - 10/14/2002 10/15/2002 - 01/05/2004 01/06/2004 - 08/06/2005 08/07/2005 - 10/2005 10/2005 - 5/2006 5/2006 - present Jeremy Reese (Joint) 2001 Rupley Road, Apt. 309 5/2006 - present Camp Hill, PA 17011 7. Plaintiff currently resides with the following persons: Molly Ellen Kelly 8. Defendant currently resides with the following persons: Brad Clark and his son, Tyler. 2 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interests and permanent welfare of the children will be served by granting the relief requested. The Plaintiff and Defendant are both capable of providing for the needs of the children. 13. The parties have reached a Custody Stipulation with Order of Court, which shall be filed contemporaneously with this Complaint. WHEREFORE, the Plaintiff requests the court to grant the parties shared legal and physical custody of Micala Alyssa Reese, Taylor Renee Reese and Anthony James Reese. PURCELL, KRUG & HALLER 17ft?oit Front Street Ha isburg, PA 17102 I.D. No. 16826 (717)234-4178 Attorney for Plaintiff Date: ? - I I - 0200 16 VERIFICATION I, P r er?1 O = t 4?a Q hereby verify that the facts contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: F' l1 - U7 >o 1 rs 70 ?t wp °a ?c ? RECEIVED AUG 1 R 2006 BY: JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. Ole - 1171)-, (23- ?. L_r LISA M. HALE, Defendant : CIVIL ACTION - CUSTODY AND NOW this ORDER OF COURT day of Augusl Stipulation and Agreement is hereby entered aplain Order of this Custody Judge €e R MNVAIASNN3d Nw CZ -.01 HY 1 z 9nv 90oz AdvioiN laid ?w Jo JEREMY A. REESE, Plaintiff vs. LISA M. HALE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. U(. - q7I? Defendant : CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT AND NOW, this n day of U T 2006, the Plaintiff, Jeremy A. Reese, residing at 2001 Rupley Road, Apartment 309, Camp Hill, PA, (hereinafter referred to as "Father") and the Defendant, Lisa M. Hale, residing at 29 S. Second Street, Wormleysburg, PA (hereinafter referred to as "Mother"), having reached an agreement regarding custody and the best interests and welfare of their minor children, it is hereby ORDERED AND DECREED as follows: 1. The parties will share joint legal custody of MICALA ALYSSA REESE, born 2/23/1999; TAYLOR RENEE REESE, born 10/31/2000; and ANTHONY JAMES REESE, born 12/13/2001. The parties agree that major decisions concerning their children, including but not necessarily limited to the childrens' health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the childrens' best interest. Each party agrees that he will neither impair the other party's rights to shared legal custody nor attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning each of their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. v With regard to any Emergency Decisions which must be quickly made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decision. However, that parent shall inform the other of the emergency and consult with him or her as soon thereafter as reasonably possible. In accordance with 23 Pa. C.S.A. §5309, each parry shall be entitled to complete and full information concerning each child from any doctor, dentist, teacher, professional or authority and to receive copies of any reports or information given to either party as a parent, as authorized by statute. Mutual agreements shall be made, in advance, by the parties regarding the following matters: enrollment or termination in a particular school or school program; advancing or holding the child back in school; authorizing enrollment in college; authorizing their childrens' driver licenses or the purchase of an automobile; authorizing employment; authorizing a minor's marriage or enlistment in the armed forces; approving a petition for emancipation; authorizing foreign travel, passport application, or exchange student status. 2. Primary physical custody of the minor children shall be equally shared by the parties with the following schedule: Alternating weeks from Friday at 5:00 p.m. to the following Friday at 5:00 p.m., beginning with Mother on Friday, July 7, 2006. Father shall have physical custody of the minor children beginning the week of Friday, July 14, 2006, at 5:00 p.m. 3. The parent with physical custody during any given period of time shall 2 V communicate in a prompt fashion with the other parent concerning the well-being of each child, and shall appropriately notify the other parent of any changes in health, educational progress, or similar important life matters. Each parent shall execute all legal authorizations to permit the other parent to obtain information from the childrens' schools, physicians, psychologists, or other individuals concerning the progress and welfare of each child. 4. Holidays: a. Christmas: In even-numbered years, Mother shall have the children during Segment A (6:00 p.m. December 24' through 1:00 p.m. December 25tH) and Father shall have the children during Segment B (1:00 p.m. December 25" through 9:00 p.m. December 25'). In odd-numbered years, Father shall have the children during Segment A and Mother shall have the children during Segment B. b. Mother's Day: Mother will have physical custody of the children on Mother's Day from 10:00 a.m. to 7:00 p.m. c. Father's Day: Father will have physical custody of the children on Father's Day from 10:00 a.m. to 7:00 p.m. d. Easter Sunday. July 4°i. and Thanksgiving Day: Mother shall have custody in even-numbered years and Father shall have custody in odd- numbered years from 10:00 a.m. to 7:00 p.m. (except that the Fourth of July 3 holiday which shall extend to 10:00 p.m.). e. Memorial Day and Labor Da v: Father shall have custody in even- numbered years and Mother will have custody in odd-numbered years from 10:00 a.m. to 7:00 p.m. g. The Holiday schedule shall take precedence over the regular custody schedule. 5. Should the parties reach a mutual agreement to modify the regular or Holiday schedule for special events or emergencies, the agreement shall be confirmed in a writing signed by both parties. 6. Summer Vacation: Each parent shall choose a two-week, non consecutive summer vacation period to spend with the children. Mother shall have first choice in even-numbered years and Father in odd-numbered years. The parent with first choice shall make his/her choice known at least eight weeks in advance of the week chosen. 7. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they occupy. Toys, clothes, etc. shall not become matters of contention. 8. The parents shall permit and support the childrens' access to all family relationships. Special family and extended family events, such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have 4 the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent shall confer with the other parent before committing any child to participate in regularly occurring extracurricular activities which might interfere with the other parent's custodial time. 9. Babysittina: Each parent shall participate and exercise care in screening babysitting/child care providers for the children. The telephone numbers of these providers shall be provided to both parents, both of whom shall have the right to utilize and share these providers. For situations like vacations and overnights with friends, the Parents shall provide each other with a phone number and address where the children may be contacted at all times, whenever reasonably possible. Each parent should be promptly and politely responsive to the other parent's telephone calls. 10. Overnights: Should either party permit a child to spend an overnight at a place other than the primary residence, the other parent shall be given the contact address and phone number. 11. Telephone/Email Contact: Each parent shall be entitled to reasonable daily telephone contact with the children, including a goodnight call and similar contacts. Each party shall also enjoy daily contact via e-mail with the children. Such contacts shall not be so frequent or so long as to unreasonably interfere with the activities and responsibilities of the parent then having physical custody. Neither parent shall listen on extensions or speaker phones during the other parent's telephone conversations with the children or any child. 5 12, Relocation: Neither parent shall permanently relocate if the relocation necessitates a change in the custody schedule, results in a change of school, or exceeds a fifty (50) mile radius from the existing home of the parent, as set forth herein, without a minimum notice of one hundred twenty (120) days to the other parent. The one hundred twenty (120) day notice is designed to afford the parents an opportunity to either renegotiate the custodial arrangements or have the matter listed for a Court hearing. For the welfare of each child, neither parent shall consider moving outside the West Shore School District until the children have graduated. Father's mailing address shall be used by the parents as the permanent school address for the children. Mother's address will be listed with the school in order to obtain copies of documents, records, and correspondence regarding the children. If either parent moves from the West Shore School District, that parent shall have the obligation of providing transportation to and from each child's school within the West Shore School District. 13. No-Conflict Zone: Both parents shall establish a no-conflict zone for the children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children, whether the children are sleeping or awake. Each parent shall speak respectfully of the other, regardless of whether the other reciprocates. Each parental figure shall refer to the other by the appropriate role name, such as Mom, Dad, your grandmother, etc. Each parent shall refrain from 6 encouraging the children to provide reports or tell stories about the other parent or his household. Communication shall always take place directly between the parents, without using the children as intermediaries. Each parent shall encourage the children to send appropriate holiday and birthday cards to the other parent. 14. Medical Insurance: Mother shall maintain in her name medical insurance (Gateway) on the children. Father shall be provided with an insurance card. Mother shall notify Father immediately of any changes or anticipated changes regarding health insurance within 30 days of said change, if known. Mother shall sign a Release- Disclosure to allow Father to obtain copies of medical records, as needed. Medical appointments shall be made by Mother and Father on a joint basis, absent emergencies. All unreimbursed medical expenses shall be divided equally between Mother and Father. 15. Child Support: Based on the custody schedule set forth herein and the respective earnings of the parties, there shall be no child support sought by either party. 16. Income Tax: Father shall claim Micala Alyssa Reese as his dependent each year on his Federal Income Tax Return. Mother shall claim Anthony James Reese as her dependent each year on her Federal Income Tax Return. The parties shall annually alternate claiming Taylor Renee Reese as his or her dependent, with Father having the right to claim her for the 2006 calendar year and each even-numbered year thereafter. Mother shall have the right to claim her in all odd-numbered years. The parties shall execute annually appropriate Treasury/IRS forms, as necessary, to effectuate this dependency schedule and avoid an audit by the Internal Revenue 7 Service. Neither party shall at anytime take a tax position contrary to the dependency sharing tax plan set forth in this Paragraph 16. Should either party take a tax position contrary to this Paragraph 16 or otherwise breach this clause, the breaching party shall indemnify, defend, and hold the other harmless from all additional taxes, penalties, interest and costs, including reasonable counsel and accounting fees incurred in consulting with respect to or defending against an audit or other action by the Internal Revenue Service. 17. Counsel: Each of the parties have been advised by counsel of his or her choice or had the opportunity to be so advised concerning the meaning, operation and effect of this Stipulation, which will be entered as an Order of Court. With such understanding, the parties have knowingly and wilfully agreed to this Stipulation. 18. Order of Court: This Custody Stipulation and Agreement shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: Jeremy A. Reese 4a VH-a Lle 8 N Q ZZ- 6 ; r . 7 -am V<<,_ 07 w -< COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEREMY A. REESE, ) Plaintiff ) V. ) No. 06-4712 LISA M. CLARK, ) Defendant ) Petition For Waiver Of Costs 1. I am the Defendant in the above matter and because of my financial condition; I am unable to pay the fees and costs of prosecuting or defending this action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (A) NAME: LISA M. CLARK ADDRESS: 2455 Reel St, Harrisburg, Pa 17110 (B) EMPLOYMENT: If you are presently employed, state: EMPLOYER: (Not applicable) ADDRESS: SALARY OR WAGES PER MONTH: TYPE OF WORK: If you are presently unemployed, state: DATE OF LAST EMPLOYMENT: September 2008 SALARY OR WAGES PER MONTH: $ 430 TYPE OF WORK: cook (C) OTHER MONTHLY INCOME WITHIN THE LAST TWELVE (12) MONTHS: BUSINESS OR SELF-EMPLOYMENT: $ 0 INTEREST OR DIVIDENDS: $ 0 PENSION OR ANNUITIES: $ 0 Petition for Waiver of Costs Page 2 of 4 SOCIAL SECURITY OR S.S.I.: $ SUPPORT: $ UNEMPLOYMENT COMPENSATION: $ WORKER'S COMPENSATION: $ WELFARE: $ 0 0 0 0 706 (food stamps: past 5 months, middle of each month) OTHER (Please specify): $ 0 (D) OTHER MONTHLY CONTRIBUTIONS TO HOUSEHOLD SUPPORT: SPOUSE'S NAME (if living together): Bradley D. Clark If your spouse is employed, state: EMPLOYER: Pizza Hut SALARY OR WAGES PER MONTH: $ 880 TYPE OF WORK: driver CONTRIBUTIONS FROM CHILDREN: (None) CONTRIBUTIONS FROM PARENTS: (None) OTHER CONTRIBUTIONS: (None) (E) PROPERTY OWNED: CASH: (None) CHECKING ACCOUNT: $ 12 SAVINGS ACCOUNT: (None) CERTIFICATES OF DEPOSIT, STOCKS, BONDS: (None) REAL ESTATE / HOME: (None) MOTOR VEHICLE: (None) OTHER: (None) (F) DEBTS AND OBLIGATIONS PER MONTH: MORTGAGE/RENT: $ 750 WATER/SEWER: $ ELECTRIC: $ 80 TELEPHONE: $ OIL/GAS/HEAT: $ 0 CABLE: $ FOOD: $ 175 CLOTHING: $ CHILD SUPPORT: $ 0 CHILD CARE: $ TRANSPORTATION: $ 150 MEDICAL EXPENSES: $ LOAN PAYMENTS: $ 0 CREDIT CARD PAYMENTS: $ INSURANCE: $ 96 MISCELLANEOUS: $ (G) PERSONS DEPENDENT UPON YOU FOR SUPPORT: 90 25 90 175 0 0 0 0 Petition for Waiver of Costs Page 3 of 4 CHfLDREN (STATE NAMES AND AGES): Name Age Micala A. Reese 10 years Taylor R. Reese 8 years Anthony J. Reese 7 years Tyler M. Clark 5 years Ryan D. Clark 4 months OTHERS (STATE NAME, AGE AND RELATIONSHIP): Name (None) Age Relationship 3. I understand that I have a continuing obligation to inform the court of any improvement in my financial circumstances which would permit me to pay the cost incurred with this case. 4. I verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: L A'I /)"a M. CLARK, Defendant Petition for Waiver of Costs Page 4 of 4 F(E f E' L_ CT THE: 7ARY <: Zf 2 0 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEREMY A. REESE, Plaintiff ) V. ) No. 064712 LISA M. CLARK, ) Defendant ) Petition for Modification Petitioner is Defendant, LISA M. CLARK, who currently resides at 2455 Reel St, Harrisburg, Dauphin County, PA 17110. 2. Respondent is Plaintiff, JEREMY A. REESE, who currently resides at 1001 Rupley Rd Apt 204, Camp Hill, Cumberland County, PA 17011. 3. Petitioner and Respondent are the natural parents of the following children: Name Age MICALA A. REESE 10 years TAYLOR R. REESE 8 years ANTHONY J. REESE 7 years 4. A custody order was entered on August 21, 2006, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Petitioner seeks to modify the custody order because: Jeremy and I have agreed to a custody modification that will give the children more stability and an easier transition into a new situation that occurred with Jeremy's ability to continue his 50% of the original custody agreement. This agreement was verbally agreed upon and was officially in effect on Tuesday, August 4, 2009. We are filing these changes in order to comply with the original agreement that any changes be made through the county court system. 6. Petitioner believes the custody order should be changed as follows: Lisa will have full physical custody of the children. Jeremy and Lisa will have split legal custody of the children. Jeremy will have physical custody of the children every other weekend, from Friday RECEIVED AUG R ZOOS BY: JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 04. - 7 7? L.=tcx ?.. VS. USA M. HALE, Defendard : CIVIL ACTION - CUSTODY AND NOW this day of Stipulation and Agreement is hereby enWW Custody Order of this A Judge ? COPY0 ?M :??oRv at Q01K AL I..", - JEREMY A. REESE, Plaintiff VS. LISA M. HALE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. d? -- lr [c x. 1, CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT , 2006, the Phnff, ?n r AND NOW, this day of AUgliSr Jeremy A. Reese, residing at 2001 Rupley Road, Apartment 309, Camp HiII: PA, ;,ten (hereinafter referred to as "Father'and the Defendant, Lisa M. Hale, residin t *S. Second Street, Wormleysburg, PA (hereinafter referred to as "Mother'), having reached an agreement regarding custody and the best interests and welfare of their minor children, it is hereby ORDERED AND DECREED as follows: 1. The parties will share joint legal custody of MICALA ALYSSA REESE, bom 2/23/1999; TAYLOR RENEE REESE, bom 10/31/2000; and ANTHONY JAMES REESE, bom 12/13/2001. The parties agree that major decisions concerning their children, including but not necessarily limited to the childrens' health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the childrens' best interest. Each party agrees that he will neither impair the other party's rights to shared legal custody nor attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning each of their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any Emergency Decisions which must be quickly made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decision. However, that parent shall inform the other of the emergency and consult with him or her as soon thereafter as reasonably possible. In accordance with 23 Pa. C.S.A. §5309, each party shall be entitled to complete and full information concerning each child from any doctor, dentist, teacher, professional or authority and to receive copies of any reports or information given to either party as a parent, as authorized by statute. Mutual agreements shall be made, in advance, by the parties regarding the following matters: enrollment or termination in a particular school or school program; advancing or holding the child back in school; authorizing enrollment in college; authorizing their childrens' driver licenses or the purchase of an automobile; authorizing employment; authorizing a minor's marriage or enlistment in the armed forces; approving a petition for emancipation; authorizing foreign travel, passport application, or exchange student status. 2. Primary physical custody of the minor children shall be equally shared by the parties with the following schedule: Alternating weeks from Friday at 5:00 p.m. to the following Friday at 5:00 p.m., beginning with Mother on Friday, July 7, 2006. Father shall have physical custody of the minor children beginning the week of Friday, July 14, 2006, at 5:00 p.m. 3. The parent with physical custody during any given period of time shall 2 inicate in a prompt fashion with the other parent concerning the well-being of each child, and shall appropriately notify the other parent of any changes in health, educational progress, or similar important life matters. Each parent shall execute all legal authorizations to permit the other parent to obtain information from the childrens' schools, physicians, psychologists, or other individuals concerning the progress and welfare of each child. 4. Holidays: a. Christmas: In even-numbered yUM Mother shall have the children during Segment A (6:00 p.m. December 241' through 1:00 p.m. December 251) and Father shall have the children during Segment B (1:00 p.m. December 25th through 9:00 p.m. December 25). In odd-numbered years, Father shall have the children during Segment A and Mother shall have the children during Segment B. b. Mother's Day. Mother will have physical custody of the children on Mother's Day from 10:00 a.m. to 7:00 p.m. c. Father's Div: Father will have physical custody of the children on Father's Day from 10:00 a.m. to 7:00 p.m. d. Easter Sunday, July 41'. and Thanksgiving Dar. Mother shall have custody in even-numbered years and Father shall have custody in odd- numbered years from 10:00 a.m. to 7:00 p.m. (except that the Fourth of July 3 holiday which shall extend to 10:00 p.m.). e. Memorial Day and Labor Dav: Father shall have custody in even- numbered years and Mother will have custody in odd-numbered years from 10:00 a.m. to 7:00 p.m. g. The Holiday schedule shall take precedence over the regular custody schedule. 5. Should the parties reach a mutual agreement to modify the regular or Holiday schedule for special events or emergencies, the agreement shall be confirmed in a writing signed by both parties. 6. Summer Vacation: Each parent shall choose a two-week, non consecutive summer vacation period to spend with the children. Mother shall have first choice in even-numbered years and Father in odd-numbered years. The parent with first choice shall make histher choice known at least eight weeks in advance of the week chosen. 7. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which houg6tiold they occupy: Toys, clothes, etc. shall not become matters of contention. 8. The parents shall permit and support the childrens' access to all family relationships. Special family and extended family events, such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have 4 pt n .'f proposing time or date variations to the other parent when special retreat : nal options or other unexpected opportunities arise. Each parent shall confer with th.:tier parent before committing any child to participate in regularly occurring extracix icular activities which might interfere with the other parents custodial time. y E as s' i2 : Each parent shall participate and exercise care in screening babysitt,xt//child care providers for the children. The telephone numbers of these provide a shall be provided to both parents, both of whom shall have the right to utilize and sh,,.= -e these providers. For situations like vacations and overnights with friends, the Par- nis shall provide each other with a phone number and address where the childrer rr^ay be contacted at all times, whenever reasonably possible. Each parent should ?:,e promptly and politely responsive to the other parents telephone calls. I Ovemights: Should either party permit a child to spend an overnight at a place otter than the primary residence, the other parent shall be given the contact address and phone number. 11. Tefthone/Email Contact Each parent shall be entitled to reasonable daily telephc tie contact with the children; including a goodnight-call and -similar contacts. - Each party shall also enjoy daily contact via e-mail with the children. Such contacts shall no.1 be so frequent or so long as to unreasonably interfere with the activities and responsibilities of the parent then having physical custody. Neither parent shall listen on extensions or speaker phones during the other parent's telephone conversations with the children or any child. 5 12. Relocation: Neither parent shall permanently relocate if the relocation necessitates a change in the custody schedule, results in a change of school, or exceeds a fifty (50) mile radius from the existing home of the parent, as set forth herein, without a minimum notice of one hundred twenty (120) days to the other parent. The one hundred twenty (120) day notice is designed to afford the parents an opportunity to either renegotiate the custodial arrangements or have the matter listed for a Court hearing. For the welfare of each child, neither parent shall consider moving outside the West Shore School District until the children have graduated. Father's mailing address shall be used by the parents as the permanent school address for the children. Mother's address will be listed with the school in order to obtain copies of documents, records, and correspondence regarding the children. If either parent moves from the West Shore School District, that parent shall have the obligation of providing transportation to and from each child's school within the West Shore School District 13. No-Conflict Zone: Both parents shall establish a no-conflict zone for the children and refrain from making derogatoryoemments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children, whether the children are sleeping or awake. Each parent shall speak respectfully of the other, regardless of whether the other reciprocates. Each parental figure shall refer to the other by the appropriate role name, such as Mom, Dad, your grandmother, etc. Each parent shall refrain from 6 encouraging the children to provide reports or tell stories about the other parent or his household. Communication shall always take place directly between the parents, without using the children as intermediaries. Each parent shall encourage the children to send appropriate holiday and birthday cards to the other parent 14. Medical Insurance: Mother shall maintain in her name medical insurance (Gateway) on the children. Father shall be provided with an insurance card. Mother shall notify Father immediately of any changes or anticipated changes regarding health insurance within 30 days of said change, if known. Mother shall sign a Release- Disclosure to allow Father to obtain copies of medical records, as needed. Medical appointments shall be made by Mother and Father on a joint basis, absent emergencies. All unreimbursed medical expenses shall be divided equally between Mother and Father. 15. Child SuQport: Based on the custody schedule set forth herein and the respective earnings of the parties, there shall be no child support sought by either party. 16. Income Tax•. Father shall claim Micala Alyssa Reese as his dependent each year-or-hiss Fmk Inc e- ax Return: Mother shall claim-Anthony James Deese as - ? her dependent each year on her Federal Income Tax Return. The parties shall annually alternate claiming Taylor Renee Reese as his or her dependent, with Father having the right to claim her for the 2006 calendar year and each even-numbered year thereafter. Mother shall have the right to claim her in all odd-numbered years. The parties shall execute annually appropriate TreasuryARS forms, as necessary, to effectuate this dependency schedule and avoid an audit by the Internal Revenue 7 Service. Neither party shall at anytime take a tax position contrary to the dependency sharing tax plan set forth in this Paragraph 16. Should either party take a tax position contrary to this Paragraph 16 or owe breach this clause, the breaching party shall indemnify, defend, and hold the other harmless from all additional taxes, penalties, interest and costs, including reasonable counsel and accounting fees incurred in consulting with respect to or defending against an audit or other action by the Internal Revenue Service. 17. Cour" : Each of the parties have been advised by counsel of his or her choice or had the opportunity to be so advised con eming the meaning, operation and effect of this Stipulation, which will be entered as an Order of Court. With such understanding, the parties have knowingly and wilfully agreed to this Stipulation. 18. Order of Court: This Custody Stipulation and Agreement shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Jeremy A. Reese Ace &w-? . .Hale 8 i':?F TH _ ,CAI ? p' Z_ SEP 2 9 2009 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEREMY A. REESE, ) Plaintiff ) V. ) No. 06-4712 LISA M. CLARK, ) Defendant ) ORDER OF COURT AND NOW, this '; _ day of R)q 200 (?_, it is hereby ORDERED that LISA M. CLARK, the above-named Defendant, be GRANTED leave to proceed in forma pauperis in the above action. At this time, Defendant is relieved from paying the initial filing fees and costs only. Defendant shall promptly no ' the Court of any material change in income or financial condition during the pendency of action. BY THE CO J. Petition for Waiver of Costs Page 1 of 4 HLED-Q}T1GE OF THE PPODqC iARY 2009 SEP 30 AM 11: 17 PeosiLy" JEREMY A. REESE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-4712 CIVIL ACTION LAW LISA M. CLARK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, November 04, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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, 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 f©.?, o? ?.?`- ?? ???" ? ? yam` JEREMY A. REESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-4712 CIVIL ACTION LAW LISA M. CLARK Defendant IN CUSTODY ORDER OF COURT AND NOW, this _I () ell, day of Iva yL.AyJ44 , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 21, 2006 shall continue in effect as modified by this Order. 2. The parties shall continue to share having physical custody of the Children on the schedule set forth in the prior Order of this Court dated August 21, 2006, with the exception that, during the Father's custodial weeks, the Father shall pick up the Children at the Mother's residence after work at 6:00 p.m. on Monday through Thursday. For those evenings, the Mother will have the opportunity to assist the Children with their homework and to provide them with a snack and the Father shall provide the Children with dinner. 3. Both parties shall ensure that the Children are on time for school each morning. 4. The parties agree to explore the possibility of participating in a course of co- parenting/communications counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: 'i- a M. Clark -Mother -,"Jeremy A. Reese - Father tiLs rnat[-,?CL 11 14) JEREMY A. REESE Plaintiff VS. LISA M. CLARK NOV 0 9 zoo- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2006-4712 CIVIL ACTION LAW IN CUSTODY Defendant Prior Judge: Edward E. Guido 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 Micala Reese February 23, 1999 Mother/Father Taylor Reese October 31, 2000 Mother/Father Anthony Reese December 13, 2001 Mother/Father 2. A custody conciliation conference was held on November 4, 2009, with the following individuals in attendance: the Father, Jeremy A. Reese, and the Mother, Lisa M. Clark. Neither party is represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. fie.-x? d1u) 5 ---- Date ?- Dawn S. Sunday, Esquire Custody Conciliator 12 C lj 9 N D V t7 •,w ~~ LISA CLARK PLAINTIFF . V. JEREMY REE5E DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-4712 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 14, 2010 ,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 Friday, July 30, 2010 at 1:30 PM for aPre-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, Esg.1Gb~ 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. ~• Cb~ ~~ ~~ Cumberland County Bar Association ,..,, ~' ~~ ~ ~ ~ ~ 32 South Bedford Street ~._ _/ .. ~..~ t-GV1r~~ ~ y L C,~,~,~J , n,; ~, Carlisle, Pennsylvania 17013 Q r-- Telephone (717) 249-3166 ~ ~. 7 • (y •lb /v chi cam. ~~~ -7 • ~ y . ~ o Ca Q ~ ~ ~ ed ~ `~ ~ ~~ ._ ~~ .- :~ ~-~ 'rte ~_ 1 ,~ a__ ~; .~ AUG 0 9 ~~~~u LISA CLARK vs. JEREMY REESE 2006-4712 CIVIL ACTION LAW Defendant IN CUSTODY c°~ c' ;, ~ -- _ D~ ORDER OF COURT ~' ` AND NOW, this _~(~ day of ,2016; upon consideration of the attached Custody Conciliation Report, is ordered and directed as follows: 1 A hearing 's s he ed in Court Room No. `3 of the Cumberland County Court House on the ~ day of , 2010, at j .'~ o'clock ~. m., at which time testimony will be taken. For urposes of this hearing, the Mother 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 forth 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 five days prior to the hearing date. 2. Pending the hearing and further Order of Court, the prior Order of this Court dated August 21, 2006 shall continue in effect. 3. The Children shall continue to remain enrolled in the West Shore School District until such time as the custodial issues are resolved. BY T~E"COURT, Edward E. Guido J. cc: Kiel L. Puskar and Megan Riesmeyer, Esquire -Counsel for Mother ./Howard Krug, Esquire -Counsel for Father ~~es rn~,t~ S~t z~ ~v IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LISA CLARK vs. 3EREMY REESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2006-4712 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Micala Reese February 23, 1999 Mother/Father Taylor Reese October 31, 2000 MotherlFather Anthony Reese December 13, 2401 Mother/Father 2. A custody conciliation conference was held on July 30, 2010, with the following individuals in attendance: the Mother, Lisa Clark, with her counsel, Daniel L. Puskar and Megan Riesmeyer, Esquire, and the Father, Jeremy Reese, with his counsel, Howazd Krug, Esquire. 3. The Mother filed this Petition for Modification seeking to relocate the Children to Fredericka, Delaware. Despite the prior Order of this Court dated August 21, 2006 under which the parties share having physical custody of the Children on an alternating weekly basis, the Mother moved with her husband to Delaware in May while attempting to secure the Father's agreement to the relocation which was not forthcoming. Prior to the Mother's move, both she and the Father lived in the West Shore School District where the Children had attended school until this point. The Mother now proposes to enroll the Children in school in Delaware and the Father proposes to enroll the Children in East Pennsboro as the Father moved to Enola after the Mother moved to Delaware. 4. Various alternatives for resolving the school and custodial issues were discussed at the conference including evaluation or counseling, as well as options for attempting to maintain the Children in the West Shore School District pending resolution. The parties were unable to reach an v ' agreement, however, and it will be necessary to schedule a hearing. The Father has already enrolled the Children in the East Pennsboro School District and the Mother would like to enroll the Children in Delaware for the 2010-2011 school year. Therefore, it is requested that the hearing be scheduled at the earliest date available. The parties agreed to contact the West Shore School District to determine if the Children can remain enrolled there until the custodial issues are resolved. The Father's counsel advised the conciliator on August 3 by letter that West Shore will allow the Children to begin school there if directed by Court Order. 5. The Mother's position on custody is as follows: The Mother seeks to move the Children to Fredericka, Delaware where the Mother and her husband now live in a three bedroom trailer which they are purchasing. The Mother stated that the reason for the move was that her husband was able to obtain a job as a landscaper at a military base which pays twice as much as his previous job in Pennsylvania delivering pizza and the Mother believes that she would have more of an opportunity to pursue a management position with Subway in the Fredericka area. Other than the improved financial situation, the Mother indicated that her mother and sister live in Delaware which would provide a support system for her. Finally, the Mother advised that she is the parent who is more involved with the Children's school work. The Mother seeks approval of her request to relocate with the Children and assume primary physical custody. 6. The Father's position on custody is as follows: The Father strongly objects to the Mother's proposal to relocate the Children and advises that he has objected since the Mother raised the issue previously. The Father believes that other job opportunities were available to the Mother and her husband in the local area and notes that the Mother has not been employed for the past couple of years. The Father advised that until recently the Mother was estranged from her relatives in Delaware and as a result the Children do not know them. The Father stated that the Mother's living circumstances have been very unstable in that the Mother has lived in six different places in the last three years. He believes her desire to live in Delaware is a "pipedream" and that the instability will continue. The Father stated that his family and members of the Mother's family with whom the Children are familiar live in this area. The Father believes that he does more active things with the Children and that the Mother allows the Children to spend too much time on the computer and video games. The Father's major concern, however, is the Mother's history of unstable living situations. The Father seeks primary physical custody of the Children in Pennsylvania and to enroll them in the East Pennsboro School District where he resides. 7. The conciliator recommends an Order in the form as attached and requests that the hearing be scheduled at the earliest available date due to the school issue. The Order also confirms that the Children shall remain enrolled in the West Shore School District until the issue is resolved at the hearing. It is anticipated that the hearing will require at least one-half day. d.~ ..~.~,, a Date Dawn S. Sunday, Esquire Custody Conciliator JEREMY A. REESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LISA M. CLARK, : NO. 2006 - 4712 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 17TH day of SEPTEMBER, 2010, upon request the hearing scheduled for Friday, September 17, 2010, at 11:00 a.m. is hereby continued to THURSDAY, SEPTEMBER 30, 2010, at 1:00 p.m. Howard Krug, Esquire For the Father ?gan Riesmeyer, Esquire For the Mother tie Court, Edward E. Guido, J. sld Co a tE s ey%;;n l--iC 1 ' 2 1 J ? -73 r- JEREMY A. REESE, Plaintiff v. LISA M. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 06-4712 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 30th day of September, 2010, after hearing, all prior Orders are vacated and replaced with the following: 1. The parties will share joint legal custody of MICALA ALYSSA REESE, born 2/23/1999; TAYLOR RENEE REESE, born 10/31/2000; and ANTHONY JAMES REESE, born 12/13/2001. The parties agree that major decisions concerning their children, including but not necessarily limited to the children's health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees that he will neither impair the other party's rights to shared legal custody nor attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning each of their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be quickly made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any .~ Reese v. Clark Page 2 immediate decision. However, the parent shall inform the other of the emergency and consult with him or her as soon thereafter as reasonably possible. In accordance with 23 Pa. C.S.A. Section 5309, each party shall be entitled to complete and full information concerning each child from any doctor, dentist, teacher, professional or authority and to receive copies of any reports or information given to either party as a parent, as authorized by statute. Mutual agreements shall be made, in advance, by the parties regarding the following matters: enrollment or termination in a particular school or school program; advancing or holding the child back in school; authorizing enrollment in college; authorizing their children's driver licenses or the purchase of an automobile; authorizing employment; authorizing a minor's marriage or enlistment in the armed forces; approving a petition for emancipation; authorizing foreign travel, passport application, or exchange student status. 2. Primary Physical Custody: A. Father shall have primary physical custody of the children during the school year subject to Mother's periods of partial physical custody as follows: i. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Provided, however, that if the children do not have school on the Monday following her weekend, the partial custody shall extend to Monday at 6:00 p.m. Reese v. Clark Page 3 ii. During the following holidays, which shall be in addition to the weekend visitation: a. Thanksgiving: From 4:00 p.m. Thanksgiving day until the following Sunday at 6:00 p.m. b. Christmas day from 4:00 p.m. until December 30 at 6:00 p.m. c. Mother's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday. d. Good Friday at 6:00 p.m. until Easter Sunday at 6:00 p.m. in odd-numbered years. If her regular weekend falls on Easter weekend in even-numbered years, it shall be moved back to the following weekend instead. iii. Such other times as the parties agree. B. Mother shall have primary physical custody of the children during the summer school vacation subject to Father's periods of physical custody as follows: i. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. commencing the Friday before Father's Day. ii. Such other times as the parties agree. The summer vacation schedule shall begin at 6:00 p.m. the day after school ends and shall end at the beginning of Father's first scheduled weekend visit in August. ~. Reese v. Clark Page 4 3. Custody exchanges shall take place at an agreed- upon location as close to the midway point as possible between the parties' residences. If the parties cannot agree, we will designate a place. 4. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of each child, and shall appropriately notify the other parent of any changes in health, educational progress, or similar important life matters. Each parent shall execute all legal authorizations to permit the other parent to obtain information from the children's schools, physicians, psychologists, or other individuals concerning the progress and welfare of each child. 5. TelephonefE-mail Contact: Each parent shall be entitled to reasonable daily telephone contact with the children, including a goodnight call and similar contacts. Each party shall also enjoy daily contact via e-mail with the children. Such contacts shall not be so frequent or so long as to unreasonably interfere with the activities and responsibilities of the parent then having physical custody. Neither parent shall listen on extensions or speaker phones during the other parent's telephone conversations with the children or any child. 6. The parents shall permit and support the children's access to all family relationships. Special family and extended family events, such as weddings, family reunions, family gatherings, funerals, graduations, et cetera, shall be Reese v. Clark Page 5 accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent shall confer with the other parent before committing any child to participate in regularly occurring extracurricular activities which might interfere with the other parents' custodial time. 7. No-Conflict Zone. Both parents shall establish a no-conflict zone for the children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children, whether the children are sleeping or awake. Each parent shall speak respectfully of the other, regardless of whether the other reciprocates. Each parental figure shall refer to the other by the appropriate role name, such as Mom, Dad, your grandmother, et cetera. Each parent shall refrain from encouraging the children to provide reports or tell stories about the other parent or his household. Communication shall always take place directly between the parents, without using the children as intermediaries. Each parent shall encourage the children to send appropriate holiday and birthday cards to the other parent. 8. The children shall stay enrolled at the West Shore School District until the end of the school day October 1, 2010. Thereafter, they shall attend the school district that covers Father's residence. Reese v. Clark Page 6 By the Court, Edward E. Guido, J. Howard B. Krug, Esquire For the Plaintiff Daniel L. Puskar, Certified Legal Intern /Megan Riesmeyer, Esquire For the Defendant ~°pres rKa.~l~ ~dlc~~id ~~ srs _ o ~_-~ r,-~ ~,, ~--, .:.~, =~, r_ ~ ~. r~ -~ ~ ~ ~~.~ ~ ~ ~; ~~ ~ ~ ~ ~-~ ~,~ ~ ~ ~~ 3 JEREMY A. REESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-4712 CIVIL ACTION LAW n r,, C c LISA M. CLARK Defendant IN CUSTODY ?;z„ °a r c.n ORDER OF COURT r ° --s ? A AND NOW, this day of 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 30, 2010 shall continue in effect as modified by this Order. 2. The parties shall make arrangements for the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assess the effects of family conflict on the Children, determine whether the Children are coping emotionally and to provide guidance to the parties as to the Children's emotional well-being and needs. The parties shall initiate the counseling for the Children as soon as possible following the conciliation conference. 3. The Mother shall have partial physical custody of the Children on alternating weekends from Friday at 5:00 p.m. through Sunday at 7:30 P.M. and during one additional weekend every two months with the specific weekend to be selected by agreement between the parties. In addition, the Mother shall have custody of the Children on at least one weekday every week on a day when the Children have no activities from 5:00 p.m. until 7:30 p.m. All exchanges of custody under this provision shall take place at Fuddruckers Restaurant in Hershey unless otherwise agreed between the parties. The parties shall schedule the weekday periods of custody and the extra weekend cooperatively by email. 4. Each party shall send an email to the other party every Sunday describing all developments concerning the Children from the prior week, including, but not limited to, activities, accomplishments and medical/dental appointments, and advising the other parent of any activities, appointments or events scheduled for the upcoming week. The purpose of this provision is to ensure that the parties are liberally sharing information concerning the Children to promote both parties' active involvement in the Children's lives. 5. The parties shall obtain a written ADHD treatment plan from Micala's physician, specifying any prescribed medications and recommendations concerning administration of the medication. Both parties shall strictly follow the recommendations of the Child's treating physician. 6. Neither party shall enroll the Children in activities which could occur during the other parent's period of custody without consulting with the other parent and making the enrollment decisions jointly. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T URT Edward E. Guido J. cc: Jane Adams Esquire - Counsel for Mother C%P-es mWifid- Jeremy A. Reese - Father 11 fi` r?? ( r.00 JEREMY A. REESE Plaintiff VS. LISA M. CLARK Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-4712 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 Micala Reese February 23, 1999 Father Taylor Reese October 31, 2000 Father Anthony Reese December 31, 2001 Father 2. A custody conciliation conference was held on November 10, 2011, with the following individuals in attendance: the Mother, Lisa M. Clark, with her counsel, Jane Adams Esquire, and the Father, Jeremy A. Reese, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ae ?Y? kt4- 10. 2U l l Date Dawn S. Sunday, Esquire Custody Conciliator u i. JEREMY A. REESE, : IN THE COURT OF COMML I ,'dO TA = CUMBERLAND COUN' N F#01?F-,yA, T. Plaintiff C CUMBERLAND COUNT`` 5YLVANIA ??v. :2006-4712 CIVIL ACTION LISA M. CLARK, Defendant : IN CUSTODY Praecipe for Withdrawal of Appearance To the Prothonotary: Kindly withdraw the appearance of Jane Adams., Esquire on behalf of Lisa M. Clark Defendant.. ne Adams, Esquire 17 W. South Street Carlisle, Pa. 17013 Y5 •ILl •lps Attorney ID: 79465 Praecipe for Entry of Appearance To the Prothonotary: Kindly enter my appearance on behalf of Lisa M. Clark, Defendant r hn A. Davi son Attorney D 200503 The Law Office of John A. Davidson 107 North Front Street, Suite 117 Harrisburg PA 17101 (717) 238-4043 Attorney for Defendant JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV WA> Plaintiff V. :2006-4712 CIVIL ACTION LAW LISA M CLARK • ? d.. " T T . r ) Wit F-3 Defendant : IN CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR 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 1-800-990-9108 717-249-3166 C) da k L 8S. el(-4 9 U-5 ?33a? 12 9 John A. Davidson The Law Office of John A. Davidson 107 North Front Street Suite 117 Harrisburg PA 17101 Tel: (717) 238-4043 Fax: (717) 238-4198 JAD@JohnADavidsonesq.com JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :2006-4712 CIVIL ACTION LAW LISA M. CLARK, Defendant : IN CUSTODY Petition For Contempt and Modification of Custod,X And Now Comes the Petitioner Lisa M. Clark by and through his counsel The Law Office of John A. Davidson, and files the following: 1. The Petitioner, Lisa M. Clark (herein after "Mother") is an adult individual who resides at 218 South 171h Street, Lebanon, PA. 17042 2. The Respondent, Jeremy A. Reese (herein after "Father") is an adult individual who resides at 118 Front Street, Enola, PA. 17025. 3. The Petitioner and Respondent are the parents of the following minor children (herein after Children): Micala Alyssa Reese, born 2/23/1999 (age 13), Taylor Renee Reese, born 10/31/2000 (age 11), Anthony James Reese, Born 12/31/2001 (age 10) 4. The Parties are subject to an Order of Court, dated September 30, 2010 (herein attached as Exhibit A) as well an addendum to that order dated November 15, 2011 (herein attached as Exhibit B). COUNTICONTEMPT 7. Paragraphs 1 through 6 are incorporated by reference. 8. Paragraph 1 of the Order of September 15, 2010 states that as part of shared legal custody each parent shall be notified of all medical and dental appointments of the Children. Father has continually refused to notify mother of appointments and has changed the day or time of Children's medical and dental appointments without notifying Mother. 9. Paragraph 5 of the Order of September 15, 2010 establishes that each party is entitled to reasonable telephone and e-mail contact with the Children. Father has continually violated this provision of the order; Mother is often unable to contact the children by telephone during Father's period of physical custody due to Page 2 of 5 Father's cell phone not being answered when she wishes to have phone contact with the children. 10. As part of the November 15.2011 Order, the parties were ordered to make arrangements for the Children to participate in therapeutic family counseling. Father has so far refused to make any arrangements for this court ordered counseling to occur or even answer any of the background questions asked by the therapist. It has fallen upon mother to arrange for the counseling sessions to occur and to make sure that the children attend these sessions, without any help from Father. 11. Per the November 15, 2011 order Father is required to send a weekly status email to mother. To date he has sent 1 such email. COUNT II MODIFICATION 12. Paragraphs 1 through 11 are incorporated by reference. 13. The Children continue to express that they are terrified by their living situation with their Father. The continued domestic violence between Father and his new wife is having an increasingly negative effect on the Children. 14. Father has been negligent in meeting the children's needs regarding medical care: A. Taylor has not had her required physical even that should have been done when she turned 11 which is over five months ago. Page 3 of 5 B. Micala has not undergone any dental exams or treatment since father has had primary custody. Other than that arranged by Mother. 15. Father is unwilling and possibly unable to aid in the Children's education. Father fails to assist the children with their homework. Nor has he sought to enlist the mother to provide aid that he is unwilling or unable to provide, he has in fact refused to let the Children bring homework with them during the periods of physical custody with Mother. The effects of the fathers attitude toward schoolwork can be seen in the fact that the eldest Child is currently receiving falling grades in school. 16. Mother believes and therefore avers that it would be in the best interest of the Children that she be granted Primary Custody of the Children and that Father be granted reasonable periods of partial custody. Page 4 of 5 WHEREFORE the Petitioner respectfully requests this Honorable court to find Jeremy A. Reese, Father in contempt of the current Order and impose sanctions including but not limited to the Petitioner's legal fees and costs and other appropriate sanctions necessary to insure that Jeremy A. Reese obeys the Orders of this Honorable Court. Further that the existing Order be modified to as follows: That Lisa M. Clark, Mother, be awarded Primary Custody and Jeremy A. Reese be awarded reasonable periods of Partial Custody. Respectfully submitted: Date: April 3, 2012 John A. Davidson ID Number 200503 The Law Office of John A. Davidson 107 North Front Street Suite 117 Harrisburg PA 17101 Tel: (717) 238-4043 Fax: (717) 238-4198 JAD@JohnADavidsonesq.com Page 5 of 5 VERIFICATION I, Lisa M. Clark, 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. Date: i M. Clark Plaintiff EXHIBIT A 3 JEREMY A. REESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-4712 CIVIL ACTION LAW C= ^7 © c._:1 -? LISA M. CLARK z ? Defendant IN CUSTODY cnr- ::Urn Ca Cl C) `o 2c:) zm_..._ C-1 r"i C5 ORDER OF COURT o 5 -C CO 70 ?A AND NOW, _ day of this 15 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 30, 2010 shall continue in effect as modified by this Order. 2. The parties shall make arrangements for the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assess the effects of family conflict on the Children, determine whether the Children are coping emotionally and to provide guidance to the parties as to the Children's emotional well-being and needs. The parties shall initiate the counseling for the Children as soon as possible following the conciliation conference. 3. The Mother shall have partial physical custody of the Children on alternating weekends from Friday at 5:00 p.m. through Sunday at 7:30 P.M. and during one additional weekend every two months with the specific weekend to be selected by agreement between the parties. In addition, the Mother shall have custody of the Children on at least one weekday every week on a day when the Children have no activities from 5:00 p.m. until 7:30 p.m. All exchanges of custody under this provision shall take place at Fuddruckers Restaurant in Hershey unless otherwise agreed between the parties. The parties shall schedule the weekday periods of custody and the extra weekend cooperatively by email. 4. Each party shall send an email to the other party every Sunday describing all developments concerning the Children from the prior week, including, but not limited to, activities, accomplishments and medical/dental appointments, and advising the other parent of any activities, appointments or events scheduled for the upcoming week. The purpose of this provision is to ensure that the parties are liberally sharing information concerning the Children to promote both parties' active involvement in the Children's lives. 5. The parties shall obtain a written ADHD treatment plan from Micala's physician, specifying any prescribed medications and recommendations concerning administration of the medication. Both parties shall strictly follow the recommendations of the Child's treating physician. 6. Neither party shall enroll the Children in activities which could occur during the other parent's period of custody without consulting with the other parent and making the enrollment decisions jointly. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T EEdward E. Guido J. cc: Jane Adams Esquire - Counsel for Mother Jeremy A. Reese - Father TRUE COPY FROM RECORD In Testimony whereof, l here unto set my fiend end the sea! of said at Cadisle, Pa. 2011 -- k.. yy _ Prottwnotary r JEREMY A. REESE vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2006-4712 CIVIL ACTION LAW LISA M. CLARK Defendant : IN CUSTODY Prior Judge: Edward E. Guido 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 Micala Reese February 23, 1999 Father Taylor Reese October 31, 2000 Father Anthony Reese December 31, 2001 Father 2. A custody conciliation conference was held on November 10, 2011, with the following individuals in attendance: the Mother, Lisa M. Clark, with her counsel, Jane Adams Esquire, and the Father, Jeremy A. Reese, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT B JEREMY A. REESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4712 CIVIL TERM LISA M. CLARK, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 30th day of September, 2010, after nearing, all prior Orders are vacated and replaced with the following: 1. The parties will share joint legal custody of MICALA ALYSSA REESE, born 2/23/1999; TAYLOR RENEE REESE, born 10/31/2000; and ANTHONY JAMES REESE, born 12/13/2001. The parties agree that major decisions concerning their children, including but not necessarily limited to the children's health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees that he will neither impair the other party's rights to shared legal custody nor attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning each of their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of she parent then having physical custody. With regard to any emergency decisions which must be quickly made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any Reese v. Clark Page 2 immediate decision. However, the parent shall inform the other of the emergency and consult with him or her as soon thereafter as reasonably possible. In accordance with 23 Pa. C.S.A. Section 5309, each party shall be entitled to complete and full information concerning each child from any doctor, dentist, teacher, professional or authority and to receive copies of any reports or information given to either party as a parent, as authorized by statute. Mutual agreements shall be made, in advance, by the parties regarding the following matters: enrollment or termination in a particular school or school program; advancing or holding the child back in school; authorizing enrollment in college; authorizing their children's driver licenses or the purchase of an automobile; authorizing employment; authorizing a minor's marriage or enlistment in the armed forces; approving a petition for emancipation; authorizing foreign travel, passport application, or exchange student status. 2. Primary Physical Custody: A. Father shall have primary physical custody of the children during the school year subject to Mother's periods of partial physical custody as follows: i. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Provided, however, that if the children do not have school on the Monday following her weekend, the partial custody shall extend to Monday at 6:00 p.m. Reese v. Clark Page 3 ii. During the following holidays, which shall be in addition to the weekend visitation: a. Thanksgiving: From 4:00 p.m. Thanksgiving day until the following Sunday at 6:00 p.m. b. Christmas day from 4:00 p.m. until December 30 at 6:00 p.m. C. Mother's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday. d. Good Friday at 6:00 p.m. until Easter Sunday at 6:00 p.m. in odd-numbered years. If her regular weekend falls on Easter weekend in even-numbered years, it shall be moved back to the following weekend instead. iii. Such other times as the parties agree. B. Mother shall have primary physical custody of the children during the summer school vacation subject to Father's periods of physical custody as follows: i. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. commencing the Friday before Father's Day. ii. Such other times as the parties agree. The summer vacation schedule shall begin at 6:00 p.m. the day after school ends and shall end at the beginning of Father's first scheduled weekend visit in August. Reese v. Clark Page 4 3. Custody exchanges shall take place at an agreed- upon location as close to the midway point as possible between the parties' residences. If the parties cannot agree, we will designate a place. 4. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of each child, and shall appropriately notify the other parent of any changes in health, educational progress, or similar important life matters. Each parent shall execute all legal authorizations to permit the other parent to obtain information from the children's schools, physicians, psychologists, or other individuals concerning the progress and welfare of each child. 5. Telephone/E-mail Contact: Each parent shall be entitled to reasonable daily telephone contact with the children, including a goodnight call and similar contacts. Each party shall also enjoy daily contact via e-mail with the children. Such contacts shall not be so frequent or so long as to unreasonably interfere with the activities and responsibilities of the parent then having physical custody. Neither parent shall listen on extensions or speaker phones during the other parent's telephone conversations with the children or any child. 6. The parents shall permit and support the children's access to all family relationships. Special family and extended family events, such as weddings, family reunions, family gatherings, funerals, graduations, et cetera, shall be Reese v. Clark Page 5 accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent shall confer with the other parent before committing any child to participate in regularly occurring extracurricular activities which might interfere with the other parents' custodial time. 7. No-Conflict Zone. Both parents shall establish a no-conflict zone for the children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children, whether the children are sleeping or awake. Each parent shall speak respectfully of the other, regardless of whether the other reciprocates. Each parental figure shall refer to the other by the appropriate role name, such as Mom, Dad, your grandmother, et cetera. Each parent shall refrain from encouraging the children to provide reports or tell stories about the other parent or his household. Communication shall always take place directly between the parents, without using the children as intermediaries. Each parent shall encourage the children to send appropriate holiday and birthday cards to the other parent. 8. The children shall stay enrolled at the West Shore School District until the end of the school day October 1, 2010. Thereafter, they shall attend the school district that covers Father's residence. Reese v. Clark Page 6 By the Court, 3. Edward E. Guido, J. Howard B. Krug, Esquire For the Plaintiff Daniel L. Puskar, Certified Legal Intern Megan Riesmeyer, Esquire -"'For the Defendant srs TRUE COPY FROM RECORD OR tbsdmWW WWW. I hens unto set my hW4 ow #0 sal at saki at Carlisle, Pa. Tlft..4 dmV at a- 20 A9 L41Y ?? . JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :2006-4712 CIVIL ACTION LAW LISA M. CLARK, Defendant : IN CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR 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 1-800-990-9108 717-249-3166 John A. Davidson "g7 1. r -.I ` rv -? -° The Law Office of John A. Davidson _71 107 North Front Street Suite 117 ? Harrisburg PA 17101 Tel: (717) 238-4043 - Fax: (717) 238-4198 JAD@JohnADavidsonesq.com JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :2006-4712 CIVIL ACTION LAW LISA M. CLARK, Defendant IN CUSTODY EMERGENCY PETITION FOR CUSTODY MODIFICATION And Now Comes the Petitioner Lisa M. Clark by and through his counsel The Law Office of John A. Davidson, and files the following: 1 2. The Petitioner, Lisa M. Clark (herein after "Mother") is an adult individual who resides at 218 South 17?h Street, Lebanon, PA. 17042 The Respondent, Jeremy A. Reese (herein after "Father") is an adult individual who resides at 118 Front Street, Enola, PA. 17025. 91 F3,N/ot-'-#7 44.)/6f 2-.173yIf 3. The Petitioner and Respondent are the parents of the following minor children (herein after Children): Micala Alyssa Reese, born 2/23/1999 (age 13), Taylor Renee Reese, born 10/31/2000 (age 11), Anthony James Reese, Born 12/31/2001 (age 10) 4. On April 5, 2012 Father was arrested and charged with the crimes of Simple Assault (18 PA CS § 2701 §§A1) and Harassment Subject Other to Physical Contact (18 PA CS § 2709 §§A1) arising from an incident of domestic violence involving Father's wife. Attached hereto as Exhibit A is the docket sheet for this incident. 6. Based on Exhibit A Father has failed to post bail and is incarcerated and is no longer able to exercise primary custody. 7. Mother believes and therefore avers that the children should not be exposed to the domestic violence that occurs in Father's household, as well that in the absence of the parent who currently has primary custody that custody should be awarded to the other parent. Page 2 of 3 WHEREFORE the Petitioner respectfully requests this Honorable court that due to the extenuating circumstances, that the existing Order be modified as follows: That Lisa M. Clark, Mother, be awarded Primary Custody until such time as Jeremy A. Reese resolves the criminal charges against him. Respectfully submitted: Date: April 9, 2012 ka4g?- John A. Davidson ID Number 200503 The Law Office of John A. Davidson 107 North Front Street Suite 117 Harrisburg PA 17101 Tel: (717) 238-4043 Fax: (717) 238-4198 JAD@JohnADavidsonesq.com Page 3 of 3 Magisterial District Judge 09-1-03 Docket Number: MJ-09103-CR-0000095-2012 Criminal Docket Commonwealth of Pennsylvania V. Jeremy Adam Reese Page 1 of 2 Judge Agsigned: Magisterial District Judge Richard S. Issue Date: 04/0512012 Dougherty TN: L 699318-4 File Date: 04/05/2012 Arresting Agencc r: E Pennsboro Township Police Dept Arrest Date: 04/05/2012 Complaint/Incident 20120400074EPE DispQsition: County: Cumberland Disposition Date: Township: East Pennsboro Township Case Status: Active Case Stiiatus Status Date Processing Status Active 04/05/2012 Awaiting Preliminary Hearing 04/05/2012 Awaiting Preliminary Arraignment Case Calendar Schedule Schedule Event Type Start Date Start Time Room Judge Name Status Preliminary Arraignment 04/05/2012 6:35 am Magisterial District Judge Scheduled Richard S. Dougherty Preliminary Hearing 04/09/2012 11:00 am Magisterial District Judge Scheduled Richard S. Dougherty r $ Confinement Location Confinement Type Confinement Reason Confinement Confinement Date En Date Case Confinement Cumberland County Prison County Jail Unable to Post Bail 04/05/2012 _Y Name: Reese, Jeremy Adam Sex: Male Date of Birth: 06/14/1980 Race: White Address(es): Home West Fairview, PA 17025 Advised of His Right to Apply for Assignment of Counsel? Yes Public Defender Requested by the Defendant? Yes Application Provided for Appointment of Public Defender? Yes Has the Defendant Been Fingerprinted? Yes MDJS 1200 Printed: 04/0812012 10:10 am Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-1-03 Docket Number: MJ-09103-CR-0000095-2012 Criminal Docket Commonwealth of Pennsylvania Jeremy Adam Reese Page 2 of 2 Participant Type Participant Name Arresting Officer Ebersole, Brian Russel Defendant Reese, Jeremy Adam •w ?' .,- tiii ?f: ??5. ,.. ?i ?,??+•.' !;i?-"1'ta f 4?.. j? Z'''? ??jir •3y ?A1L. ? -.'. ?'? .?1 * '7?P r.. . _. .... .. :. Bail Set: Bail Action Type Bail Action Date Bail Type Set 04/05/2012 Monetary Percentage Amount $5,000.00 04 P " 1111 # Charge Grade Description Offense D t. Disposition 1 18 § 2709 §§ Al Harassment - Subject Other to Physical Contact 04/05/2012 2 18 § 2701 §§ Al Simple Assault 04/05/2012 rr X a+r r :'tom Filed Date Entrv Filer Applies To 04/05/2012 Commitment Printed - Unable to Post Bail Magisterial District Court 09-1-03 Jeremy Adam Reese, Defendant 04/05/2012 Bail Set Magisterial District Court 09-1-03 Jeremy Adam Reese, Defendant 04/05/2012 Preliminary Hearing Scheduled Magisterial District Court 09-1-03 Jeremy Adam Reese, Defendant 04/0512012 Preliminary Arraignment Scheduled -Magisterial District Court 09-1_03 Jeremy Adam Reese, Defendant 04/05/2012 Criminal Complaint Filed Magisterial District Court 09-1-03 MDJS 1200 Page 2 of 2 Printed: 04/0612012 10:10 am Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. VERIFICATION I, John A. Davidson, Esquire, verify that I am the attorney for the Defendant Lisa Clark, in this case and that I am familiar with the facts of concerning the parties, and that due to the unavailability of the Plaintiff, I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: April 9, 2012 /John A. Davidson, Esquire t?? JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :2006-4712 CIVIL ACTION LAW LISA M. CLARK, Defendant : IN CUSTODY CERTIFICATE OF SERVICE And Now, on this 9th day of April 2010 I John A. Davidson, attorney for the Defendant, Lisa Clark hereby certify that I have served true and correct copies of the within documents, on Howard B. Krug., Esquire, Attorney for the Plaintiff Jeremy Reese, by depositing same to in the United States Mail, postage prepaid addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 The Law Office of John A. Davidson By C? John A. Davidson ID # 200503 107 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Defendant 'V JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :2006-4712 CIVIL ACTION LAW LISA M. CLARK, Defendant : IN CUSTODY ORDER AND NOW this of April 2012 it is hereby ordered that: en. 2. The Custody Conciliation in this matter be expedited. CIO ?i r+? By The C?' rV ?, yr k-rte. 3- J. Distribution: Ahn A. Davidson, Esquire 107 North Front Street, Suite 107 Harrisburg, PA 17101 oward B. Krug, Esquire Purcell, Krug & Haller, 1719 North Front Street, Harrisburg, PA 17102-2392 J d JEREMY A. REESE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLV))3 IA :7'. - zr N -; V . rn a ten, :M,, ..u ;-:l . 2006-4712 CIVIL ACTION LAWS LISA M. CLAR K IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Monday, April 09, 2012 , 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, May 08, 2012 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es . jpa 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 . C'e(,? copy fr?Ei ?p? 7Ja•%?%cc ?I CmP y ,,re?lc°d ?? 15??9 # 960te, L1912' 8-Va CERTIFICATE OF SERVICE And Now, on this 21h day of February 2012 I, John A. Davidson, attorney for the Petitioner, Lisa M. Clark, hereby certify that I have served true and correct copies of the Petition for Contempt and Modification of Custody filed on April 4, 2012, on Howard B. Krug, Esquire, attorney for the Respondent by depositing same to in the United States Mail, hostage nrenaid addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392. c.? ? -- The Law Office of John A. Davidson By - ?--- John A. Davidson ID # 200503 117 North Front Street Suite 117 Harrisburg, PA 17101 Attorney for Defendant/Petitioner 0 JEREMY A. REESE, Plaintiff V. LISA M. CLARK, Defendant RULE AND NOW, this day of , 2012, upon consideration of the Motion of Howard B. Krug, Esquire, for Leave to Withdraw as counsel for Jeremy A. Reese, a Rule is hereby entered upon Jeremy A. Reese and Lisa M. Clark, to show cause, if any, why the Motion should not be granted and why Howard B. Krug, Esquire should not be permitted to withdraw as counsel for Jeremy A. Reese. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-4712 CIVIL ACTION - LAW ACTION IN CUSTODY RULE RETURNABLE WITHIN ?0 DAYS OF SERVICE. BY THE C Judge C- P-o C=, rnw a. - ; rho ::0M zcl) -0 ?- z? > e s r v :U r. ? Howard B. Krug, Esquire, 1719 N. Front Street, Harrisburg, PA 17102 ? John A. Davidson, Esquire, 107 N. Front Street, Suite 117, Harrisburg, PA 17101 Jeremy A. Reese, Plaintiff, 118 Front Street, Enola, PA 17025 Court Administrator Distribution: 6D&-5 txa :(gal Iay?1? 0?_? JEREMY A. REESE vs. LISA M. CLARK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2006-4712 CIVIL ACTION LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this AF JA day of 4MA y , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: hearing is scheduled in Courtroom Number 3 of the Cumberland County Courthouse on the Aay of 2012, at 7at which time testimony will be taken. For purposes of the hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, or a party pro se, shall file with the Court and opposing counsel a Memorandum setting forth 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 seven days prior to the hearing date. BY COU T, Edward E. Guido J. cc: /phn A. Davidson Esquire - Counsel for Mother ?/'feremy A. Reese - Father J e- c y MW N ^`1 °- C CJ M 2, C J °' W , Y; r j JEREMY A. REESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. LISA M. CLARK Defendant 2006-4712 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido One-half day hearing requested 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 Micala Reese February 23, 1999 Father Taylor Reese October 31, 2000 Father Anthony Reese December 31, 2001 Father 2. A custody conciliation conference was held on May 8, 2012, with the following individuals in attendance: the Mother, Lisa M. Clark, with her counsel, John A. Davidson Esquire, and the Father, Jeremy A. Reese, who is not represented by counsel in this matter. 3. This Court previously entered an Order after hearing on September 30, 2010 under which the Father has primary physical custody of the Children during the school year and the Mother has primary physical custody in the summer. The non-primary parent has partial physical custody on alternating weekends from Friday through Sunday. Following conciliation, the Court entered an additional Order on November 15, 2010 under which the parties were required to make arrangements for the Children to participate in counseling to determine the emotional effects of the high conflict between the parties and the parties were to exchange emails on a weekly basis sharing information concerning the Children. 4. The Mother filed this Emergency Petition for Modification and a Petition for Contempt and Modification seeking primary physical custody of the Children due to the Father's recent arrest for assault on his current wife and based on other allegations of violations of the current orders. This Court entered an Order on April 9, 2012 assigning the Emergency Petition to conciliation. 5. Due to the parties' complete inability to interact in a civil manner at the conciliation conference, it was necessary to separate them and talk with them individually. It will be necessary to schedule a hearing in this matter. It is requested that the hearing be expedited due to concerns related to the Children's well-being. 6. The Mother's position on custody is as follows: The Mother expressed serious concerns that the Father had been arrested in April for assault and harassment related to an incidence of domestic violence concerning his wife, while the Children were present in the home. The Mother believes that the Children are exhibiting disturbing behaviors related to the volatile and continuous fighting between the Father and his wife such as an inability to sleep, falling grades and violent behaviors between themselves as well as very inappropriate name calling. The Mother indicated that the Father is not willing to communicate with her except in an explosively angry manner. The Mother believes that the Father's discipline of the Children is unacceptably harsh and inappropriate. The Mother believes that this high level of conflict at the Father's residence has contributed substantially to the oldest Child's failing grades and the need to repeat seventh grade. The Mother provided a sealed letter from the Children's counselor regarding her therapeutic work with the Children and the Mother intends to present the testimony of the counselor at the hearing. The Mother believes it is necessary for the Children's protection and in the Children's best interests to transfer primary physical custody to her as soon as possible. 7. The Father's position on custody is as follows: The Father adamantly denied all the Mother's allegations regarding domestic violence in his household. The Father stated that he and his wife simply have normal arguments and that there are no physical altercations involved. While the Father acknowledged that he had been arrested for assault in a recent incident with his wife, he indicated that it was a misunderstanding and that either prior to or at the hearing in July he expected all charges to be dropped. The Father indicated that the times that the police have been called to his residence were the result of overly sensitive neighbors. In addition to indicating that the Mother's concerns for the Children while being in his household are unwarranted, the Father expressed concerns that there are safety issues at the Mother's home, such as a pool in the back yard with rocks and metal in it creating a dangerous condition in the yard for the Children. The Father stated that the Children's therapist told him to his face that the Children are happy at his home and that there were no problems there. The Father believes that the current custodial schedule should remain in effect. 8. The conciliator submits an Order in the form as attached scheduling a hearing in this matter. Due to the circumstances, it is recommended that the hearing be scheduled as quickly as possible to address the concerns regarding the Children's safety and well-being. It is anticipated that the hearing will require one-half day. The only witness who has been identified, other than the parties, is the Children's counselor. Date Dawn S. Sunday, Esquire 61 Custody Conciliator JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff' r CUMBERLAND COUNTY, PENN JA IA ? ° v.n 1 ?a NO. 2006-4712 CIVIL TERM `S s"` ' LISA M. CLARK, Defendant :CUSTODY = c MOTION FOR CONTINUANCE Petitioner, Jeremy A. Reese, by and through his attorney, Jessica Holst of MidPenn Legal Services, respectfully represents the following in support of his Petition for a Continuance: 1. The Petitioner, Jeremy A. Reese (Father), resides at 118 Front Street, Enola, Cumberland County, PA 17025. 2. The Respondent, Lisa M. Clark (Mother), resides at 218 South 17`h Street, Lebanon, PA 17042. 3. The parties are natural and biological parents of the following minor children (Children): Micala Alyssa Reese, born 2/23/1999 (age 13) Taylor Renee Reese, born 10/31/2000 (age 11) Anthony James Reese, born 12/31/2001 (age 10) 4. A custody order was entered on September 30, 2010 under which Father has primary physical custody of the Children during the school year and Mother has primary physical custody during the Children's summer vacation. The non-primary parent has partial physical custody on alternating weekends from Friday through Sunday (See Attached Exhibit A). 5. A hearing is scheduled for June 18, 2012 at 9:15 a.m. to address Mother's Petition for Contempt and Emergency Petition for Custody Modification. 6. Counsel for Father requests a continuance of the June 18, 2012 hearing for two (2) reasons: (a) Counsel for Father is scheduled to be out of state on June 18, 2012 and is unable to attend the hearing currently scheduled for that date and respectfully requests that the Court continue this hearing to a later date. (b) The primary basis of Mother's Emergency Petition focuses on criminal charges filed against Father in early April 2012. Father's arraignment is scheduled for July 12, 2012 and he is represented by the Public Defender's office for that matter. (c) In light of the fact that father's criminal matter will not be resolved by June 18, 2012, it would violate his rights to be forced to potentially incriminate himself by testifying to these matters at a custody hearing on June 18, 2012. 7. Counsel for Father has sought concurrence from Counsel for Mother, John Davidson, Esquire, and such concurrence has not been granted. WHEREFORE, Petitioner respectfully requests that this Court continue the hearing scheduled for June 18, 2012, and reschedule it to another date. Respectfully Submitted, essic Vflols?tEsquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 Tara Franklin, Certified Legal Intern MidPenn Legal Services Jeremy Reese, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-2168 CIVIL TERM CUSTODY 1. AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served a copy of the Motion for Continuance VS. Lisa Clark, Defendant Hearing filed on May 22, 2012 and the proposed Order of Court to: John A. Davidson 118 North Front Street, Suite 117 Harrisburg, PA 17101 by LISPS I" Class Mail CertiFed with Electronic Receipt. I, Jessica Holst, verify that the statements made in this Affidavit of Service 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: 3I1Z Signature: JEREMY A. REESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4712 CIVIL TERM LISA M. CLARK, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 30th day of September, 2010, after hearing, all prior orders are vacated and replaced with the following: 1. The parties will share joint legal custody of MICALA ALYSSA REESE, born 2/23/1999; TAYLOR RENEE REESE, born 10/31/2000; and ANTHONY JAMES REESE, born 12/13/2001. The parties agree that major decisions concerning their children, including but not necessarily limited to the children's health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees that he will neither impair the other party's rights to shared legal custody nor attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning each of their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be quickly made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any Reese v. Clark Page 2 immediate decision. However, the parent shall inform the other of the emergency and consult with him or her as soon thereafter as reasonably possible. In accordance with 23 Pa. C.S.A. Section 5309, each party shall be entitled to complete and full information concerning each child from any doctor, dentist, teacher, professional or authority and to receive copies of any reports or information given to either party as a parent, as authorized by statute. Mutual agreements shall be made, in advance, by the parties regarding the following matters: enrollment or termination in a particular school or school program; advancing or holding the child back in school; authorizing enrollment in college; authorizing their children's driver licenses or the purchase of an automobile; authorizing employment; authorizing a minor's marriage or enlistment in the armed forces; approving a petition for emancipation; authorizing foreign travel, passport application, or exchange student status. 2. Primary Physical Custody: A. Father shall have primary physical custody of the children during the school year subject to Mother's periods of partial physical custody as follows: i. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Provided, however, that if the children do not have school on the Monday following her weekend, the partial custody shall extend to Monday at 6:00 p.m. Reese v. Clark Page 3 ii. During the following holidays, which shall be in addition to the weekend visitation: a. Thanksgiving: From 4:00 p.m. Thanksgiving day until the following Sunday at 6:00 p.m. b. Christmas day from 4:00 p.m. until December 30 at 6:00 p.m. c. Mother's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday. d. Good Friday at 6:00 p.m. until Easter Sunday at 6:00 p.m. in odd-numbered years. If her regular weekend falls on Easter weekend in even-numbered years, it shall be moved back to the following weekend instead. iii. Such other times as the parties agree. B. Mother shall have primary physical custody of the children during the summer school vacation subject to Father's periods of physical custody as follows: i. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. commencing the Friday before Father's Day. ii. Such other times as the parties agree. The summer vacation schedule shall begin at 6:00 p.m. the day after school ends and shall end at the beginning of Father's first scheduled weekend visit in August. Reese v. Clark Page 4 3. Custody exchanges shall take place at an agreed- upon location as close to the midway point as possible between the parties' residences. If the parties cannot agree, we will designate a place. 4. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of each child, and shall appropriately notify the other parent of any changes in health, educational progress, or similar important life matters. Each parent shall execute all legal authorizations to permit the other parent to obtain information from the children's schools, physicians, psychologists, or other individuals concerning the progress and welfare of each child. 5. Telephone/E-mail Contact: Each parent shall be entitled to reasonable daily telephone contact with the children, including a goodnight call and similar contacts. Each party shall also enjoy daily contact via e-mail with the children. Such contacts shall not be so frequent or so long as to unreasonably :interfere with the activities and responsibilities of the parent then having physical custody. Neither parent shall listen on extensions or speaker phones during the other parent's telephone conversations with the children or any child. 6. The parents shall permit and support the children's access to all family relationships. Special family and extended family events, such as weddings, family reunions, family gatherings, funerals, graduations, et cetera, shall be Reese v. Clark Page 5 accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent shall confer with the other parent before committing any child to participate in regularly occurring extracurricular activities which might interfere with the other parents, custodial time. 7. No-Conflict Zone. Both parents shall establish a no-conflict zone for the children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children, whether the children are sleeping or awake. Each parent shall speak respectfully of the other, regardless of whether the other reciprocates. Each parental figure shall refer to the other by the appropriate role name, such as Mom, Dad, your grandmother, et cetera. Each parent shall refrain from encouraging the children to provide reports or tell stories about the other parent or his household. Communication shall always take place directly between the parents, without using the children as intermediaries. Each parent shall encourage the children to send appropriate holiday and birthday cards to the other parent. 8. The children shall stay enrolled at the West Shore School District until the end of the school day October 1, 2010. Thereafter, they shall attend the school district that covers Father's :residence. Reese v. Clark Page 6 By the Court, Edward E. Guido, J. Howard B. Krug, Esquire For the Plaintiff Daniel L. Puskar, Certified Legal Intern ?Megan Riesmeyer, Esquire For the Defendant e-pp es Am.'& 101411,0 ?l srs c -ate o rn= vo -p N? 1 O ' .c ° ?`? 3 JEREMY A. REESE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 20064712 CIVIL ACTION LAW C-') N LISA M. CLARK :X rn < rnn- Defendant IN CUSTODY Nr -urn <o 2p = Z -n rn ORDER OF C_, OURT n AND NOW, this is day of 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 30, 2010 shall continue in erect as modified by this Order. 2. The parties shall make arrangements for the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assess the effects of family conflict on the Children, determine whether the Children are coping emotionally and to provide guidance to the parties as to the Children's emotional well-being and needs. The parties shall initiate the counseling for the Children as soon as possible following the conciliation conference. 3. The Mother shall have partial physical custody of the Children on alternating weekends from Friday at 5:00 p.m. through Sunday at 7:30 P.M. and during one additional weekend every two months with the specific weekend to be selected by agreement between the parties. In addition, the Mother shall have custody of the Children on at least one weekday every week on a day when the Children have no activities from 5:00 p.m. until 7:30 p.m. All exchanges of custody under this provision shall take place at Fuddruckers Restaurant in Hershey unless otherwise agreed between the parties. The parties shall schedule the weekday periods of custody and the extra weekend cooperatively by email. 4. Each party shall send an email to the other party every Sunday describing all developments concerning the Children from the prior week, including, but not limited to, activities, accomplishments and medical/dental appointments, and advising the other parent of any activities, appointments or events scheduled for the upcoming week. The purpose of this provision is to ensure that the parties are liberally sharing information concerning the Children to promote both parties' active involvement in the Children's lives. 5. The parties shall obtain a written ADHD treatment plan from Micala's physician, specifying any prescribed medications and recommendations concerning administration of the medication. Both parties shall strictly follow the recommendations of the Child's treating physician. 6. Neither party shall enroll the Children in activities which could occur during the other parent's period of custody without consulting with the other parent and making the enrollment decisions jointly. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T URT Edward E. Guido J. cc: Jane Adams Esquire - Counsel for Mother 8"P6' MaJoc Jeremy A. Reese - Father 11 /1 . / IKS JEREMY A. REESE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-4712 CIVIL ACTION LAW IN CUSTODY V5. LISA M. CLARK Defendant Prior Judge: Edward E. Guido 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 Micala Reese February 23, 1999 Father Taylor Reese October 31, 2000 Father Anthony Reese December 31, 2001 Father 2. A custody conciliation conference was held on November 10, 2011, with the following individuals in attendance: the Mother, Lisa M. Clark, with her counsel, Jane Adams Esquire, and the Father, Jeremy A. Reese, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 0 JEREMY A. REESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4712 CIVIL TERM LISA M. CLARK, Defendant :CUSTODY ORDER FOR CONTINUANCE s--e AND NOW, this day of Mal, 2012, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on June 18, 2012 at 9:15 a.m. by this Court's Order of May 15, 2012, is hereby rescheduled for hearing on v & , 2012 at? :36 -A-.m. in Courtroom No. 3 on the 4`h Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Carlisle, PA 17013 .9/3 l By theC-o rrt, `-- .- `-= ? Jessica Holst, Attorney for Plaintiff MidPenn Legal Services 410 East Louther Street, Suite 103 '• . r car- ? {4`' Edward E. Guido, Judge = John A. Davidson, Attorney for Defendant 118 North Front Street, Suite 117 Harrisburg, PA 17101 M.a.lec, 6 ?i 4e(- JEREMY A. REESE, Plaintiff V. LISA M. CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-4712 CIVIL ACTION - LAW ACTION IN CUSTODY ???'` ORDER AND NOW, this J day of , 2012, upon consideration of the attached Motion to Make Rule Absolute, the Rule is hereby made Absolute. Howard B. Krug, Esquire is withdrawn as counsel for Plaintiff, Jeremy A. Reese. B4THEW -, Judge :- -0 M -'.CZ: N) Distribution: ? Howard B. Krug, Esquire, 1719 N. Front Street, Harrisburg, PA 17102 ? John A. Davidson, Esquire, 107 N. Front Street, Suite 117, Harrisburg, PA 17101 /Jeremy A. Reese, Plaintiff, 118 Front Street, Enola, PA 17025 /Court Administrator 16 Cep; es `wa J-ed "W1 JEREMY A. REESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4712 CIVIL TERM LISA M. CLARK, Defendant :CUSTODY ORDER AND NOW, this day of , 2012, upon consideration of the V attached STIPULATION FOR ENTRY OF CUSTODY ORDER, it is hereby ordered that the terms and conditions of the stipulation are hereby made an order of this Court. By the Court, Edward E. Guido, Judge Distribution: V' Jessica Holst, Esquire, MidPenn Legal Services, 401 East Louther Street, Carlisle, PA 17013 .? John A. Davidson, Esquire, 107 North Front Street, Suite 117, Harrisburg, PA 17101 ? d l?Vere ? , «frt c i f lw?'- v . 104 ?, nt JEREMY A. REESE, Plaintiff v LISA M. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4712 CIVIL TERM :CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER THIS STIPULATION FOR ENTRY OF CUSTODY ORDER, made this day of June, 2012, by and between Lisa M. Clark (hereinafter referred to as Mother) and Jeremy A. Reese (hereinafter referred to as Father), having reached an agreement regarding custody of the minor children, Micala A. Reese, born February 23, 1999, Taylor R. Reese, born October 31, 2000, and Anthony J. Reese, born December 31, 2001 (hereinafter referred to as the children), are jointly requesting the entry of the agreed upon terms as an Order of Court: 1. LISA M. CLARK and JEREMY A. REESE shall have shared legal custody of the minor children. Each shall have an equal right, to be exercised jointly with the other, 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 party shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other party. To the extent that 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 party within such reasonable time as to make the records and information of reasonable use to the other party. All shall be entitled to full participation in educational and medical/treatment planning meetings and evaluations with regard to the children. Each shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights and the like. The parties agree that major decisions concerning the children shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the best interest of the children. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the children's affections from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the children back in school, authorizing enrollment in college, authorizing the children's driver's license or purchase of an automobile, authorizing employment, authorizing the children's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. Neither party shall schedule any non-emergency medical, eye, dental, therapeutic, or counseling appointments without discussion with the other parent in an effort to allow both parents to coordinate their respective schedules so that they can both attend such appointments. If either parent is not available to attend an appointment, the attending parent shall send the other parent an email summarizing the appointment and any treatments, follow-up appointments, or concerns expressed by the provider. The parties intend to parent the children with friendly cooperation and in a spirit of compromise and flexibility. Any conflicts will be governed by the Agreement, should any occur. 2. Physical Custody starting with the 2012-2013 School Year: a) Mother shall have primary physical custody of the children. b) Father shall have periods of partial physical custody of the children as follows: i) During the school year, Father shall have alternating weekends from Friday at 5 p.m. to Sunday at 7:30 p.m. If the children do not have school on Friday, the exchange will be on Thursday at 5 p.m. and if the children do not have school on Monday, the exchange will be made on Monday at 7:30 p.m. ii) Father shall have one additional weekend every 2 months with the specific weekend to be selected by agreement of the parties. iii) When the children do not have any activities, Father shall have one weekday per week from 5:30 p.m. to 7:00 p.m. iv) Additional times as the parties may agree. 3. Summertime Physical Custody starting in 2013: a) Father shall have primary physical custody. b) Mother shall have alternating weekends of custody from Friday at 5 p.m. to Sunday at 7:30 p.m. C) The summertime custody arrangement will begin at 5 p.m. on the day after school ends and will end at 7:30 p.m. on the day before school begins. d) Both parents shall have an uninterrupted 7 days of custody for vacation with the children. The parent seeking to take the children on vacation must give the other parent 30 days notice of his or her intent to do so. The notice must include the names of the individuals going on the trip, the mode of transportation, the dates and times of travel, and the address and phone number of the place where the children will be staying. 4. Holidays: a) New Year's: In even numbered years, Mother shall have the children from December 31 St at noon until January 1 st at noon and Father shall have the children from January 1St at noon until January 2°d at noon. In odd numbered years, Father shall have the children from December 31 st at noon until January 1 St at noon and Mother shall have the children from January I" at noon until January 2nd at noon. (The December 31 St year shall control the even/odd determination). b) Easter: In even numbered years, Mother shall have the children on Easter from 8:00 a.m. until 2:00 p.m. and Father shall have the children on Easter at 2:00 p.m. until the next day at 8:00 p.m. In odd numbered years, Father shall have the children on Easter from 8:00 a.m. until 2:00 p.m. and Mother shall have the children on Easter at 2:00 p.m. until the next day at 8:00 p.m. C) Mother will always have physical custody of the children on Mother's Day and Father will always have physical custody of the children on Father's Day. On either day, the parent shall have the children from 9:00 a.m. until 9:00 p.m. d) Memorial Day, Independence Day and Labor Day: Each of these holidays shall be deemed to be from 9:00 a.m. until 9:00 p.m. the day of the holiday. In even numbered years, Mother shall have custody of the children on Memorial Day and Labor Day and Father shall have custody of the children on Independence Day. In odd numbered years, Father shall have custody of the children on Memorial Day and Labor Day and Mother shall have custody of the children on Independence Day. e) Thanksgiving: In even numbered years, Mother shall have the children on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and Father shall have the children on Thanksgiving Day at 3:00 p.m. until the next day at 5:00 p.m. In odd numbered years, Father shall have the children on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and Mother shall have the children on Thanksgiving Day at 3:00 p.m. until the next day at 5:00p.m. f) Christmas: In even numbered years, Mother shall have the children from Christmas Eve at noon until Christmas Day at noon and Father shall have the children from Christmas Day at noon until December 26th at noon. In odd numbered years, Father shall have the children from Christmas Eve at noon until Christmas Day at noon and Mother shall have the children from Christmas Day at noon until December 26th at noon. g) Winter and Spring Breaks: Mother and Father will equally divide Winter and Spring Breaks. h) The holiday schedule outlined above will take precedence over the regular custody schedule. All other holidays not outlined above are subject to the regular custody schedule or other agreement of the parties. 5. Transportation shall be shared by the parties as agreed. If there is no agreement to the contrary, the parties shall meet at a point halfway between their respective residences. If the parties cannot find a mutually agreeable location, the exchange shall take place at Fuddruckers in Hershey. 6. The children shall be enrolled in the appropriate schools in Mother's school district. No child shall be enrolled in cyber-school or homeschooled without the agreement of both parents or through a court order allowing such a school change. 7. The non-custodial parent shall be allowed frequent telephone contact with the children so long as the telephone calls are reasonable in frequency and duration and do not unreasonably interfere with the children's routines and the custodial relationship between the parties and their children. Each party shall promptly return calls from the other party and see to it that the children return the non-custodial parent's telephone call within a reasonable period of time. Telephone contact between the non-custodial parent and the children shall be private and neither parent shall participate in the conversation by speaker-phone or by separate extension. If possible, the parties shall obtain Skype or another low or no cost video program in order to allow regular face-to-face contact between the children and the non-custodial parent. 8. Both parents shall follow all treatment recommendations made by professionals working with the children or the family during their respective periods of custody and shall provide each other with any information, concerns and the like regarding the children's well-being while they are their custody so that both parents are fully informed regarding all aspects of the children's health, welfare, education and the like. The parties shall obtain a written ADHD treatment plan from Micala's physician, specifying any prescribed medications and recommendations concerning administration of the medication. Both parties shall strictly follow the recommendations of Micala's treating physician. 9. Each party shall send an email to the other party every Sunday describing all developments concerning the children from the prior week, including, but not limited to, activities, accomplishments and medical/dental appointments, and advising the other parent of any activities, appointments or events scheduled for the upcoming week. The purpose of this provision is to ensure that the parties are liberally sharing information concerning the children to promote both parties' active involvement in the children's lives. 10. Both parents shall refrain from making derogatory comments about the other parent in the children's presence and shall prevent third parties from making such comments in the children's presence (whether they are sleeping or awake) or in any manner whereby the children might learn of same, or otherwise harass or interfere with the parent's periods of custody. Each parent shall speak respectfully of the other, regardless of whether the other reciprocates. Each parental figure shall refer to the other by the appropriate role name, such as Mom, Dad, your grandmother, et cetera. Each parent should agree to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between the parents, without using the children as intermediaries. Each parent should encourage the children to send the appropriate holiday cards to the other parent. 11. During any period of custody, the parties to this order shall not possess, use or be under the influence of controlled substances or consume alcoholic beverages to the point of intoxication. Both parents shall likewise assure, to the extent possible, that other household members, caretakers and/or houseguests comply with this prohibition. 12. It is the intention of the parents that the children be protected from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior or violent propensities). Both parents shall, to the extent possible, avoid contact with such individuals of poor character. 13. The parents also agree that it is important to provide the children with a safe living environment. This means ensuring that the children do not have unsupervised access to swimming pools, dog enclosures, or other potentially unsafe areas. 14. Relocation is defined as any change in residence of the children which significantly impairs the ability of the non-relocating party to exercise custodial rights. No party shall be permitted to relocate the children's residence to significantly impair the ability of the other to exercise custody UNLESS every individual who has custody rights to the children consents to the proposed relocation OR the Court approves the proposed relocation. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa.C.S.A. §5337(c). 15. The parents shall permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time and date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with regular visitation. 16. Both parties shall continue to encourage and support the children to participate in extracurricular activities. Both parties shall accept responsibility to ensure that the children are able to participate in their activities regardless of whose custodial time it may be. Neither party shall enroll the children in activities which could occur during the other parent's period of custody without consulting with the other parent and making the enrollment decisions jointly. 17. It is understood and stipulated by the parties that, upon mutual agreement, an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the children's best interests. In the case of a disagreement, the terms of this Agreement shall prevail. The parties further understand that if either of them wishes to change the terms of this agreement, they can file a Petition to Modify with the court. 18. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection in reaching this custody agreement. Mother has been represented by John A. Davidson, Esquire and Father has been represented by Jessica C. D. Holst, Esquire. By executing this agreement, the parties hereto are expressing that they are each entering into this agreement with full understanding of the facts and his or her legal rights and obligations relative to custody of the children. Each party acknowledges and accepts that this agreement is fair and equitable. Each party further acknowledges that the execution of this agreement is not the result of duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 19. The parties agree that this agreement shall be submitted to the Cumberland County Court of Common Pleas, for approval and for entry of an Order awarding custody as set forth herein. The parties further agree that this agreement replaces and supersedes all prior agreements and orders concerning custody of the children and hereby request that this Stipulation be entered as an Order of Court. Jeremy A. Reese - 'M , 0) Gw'..Lisa M. Clark fitness