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HomeMy WebLinkAbout02-2888JUL 3 0 2,002 MARY E. ENSMINGER, Plaintiff VS. MICHELLE L. ENSMINGER, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2888 CIVIL ACTION LAW : IN CUSTODY QRDER OF COURT AND NOW, this 29TM day of July, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for July 30, 2002 is canceled. FOR THE COURT, Custody Conciliator MARY E. MICHELLE L. o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~.NIA ENSMINGER Plaintiff V. ENSMINGER Defendant NO. O~- ~ CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT is Mary E. Ensminger, (hereafter residing at 783 Lee Lane, Enola, Pennsylvania 17025, and is the maternal child, Nicole L. Ensminger, born April 4, ~Child") who is the subject of this The Plaintiff '~Plaintiff/Grandmother"), Cumberland County, grandmother of the 1994, (hereafter the action. The Defendant is Michelle L. ~Defendant/Mother"), residing at 143 Cumberland, Cumberland County, mother of the Child. Ensminger, (hereafter 15th Street, Unit 9, New Pennsylvania 17070, and is the Plaintiff/Grandmother seeks shared legal and physical custody of the following child: Nicole L. Ensminger 143 15th Street, Unit 9 8 4/4/94 New Cumberland, PA 17070 The Child was born out of wedlock. The Child is presently in the custody of the Michelle L. Ensminger who resides at 143 15th Street, Unit 9, New Cumberland, During the past five years, following persons and at the Curdoerland County, Pennsylvania 17070. the Child has resided with the following addresses: Michelle L. Ensminger 143 15th Street 1998 - Present Unit 9 New Cumberland, PA Michelle L. Ensminger 3r~ Street 1996 - 1998 West Fairview, PA Mary E. Ensminger 783 Lee Lane 1994 - 1996 Michelle L. Ensminger Enola, PA 17025 7. The mother of the child is Michelle L. Ensminger, and is currently residing at 143 15th Street, Unit 9, New Cumberland, PA 17070. 8. The Defendant/Mother is single. 9. The father of the child is unknown, both as to identity and whereabouts. 10. The grandmother of the child is Mary E. Ensminger, and is currently residing at 783 Lee Lane, Enola, Pennsylvania. 10. The Plaintiff/Grandmother, Mary E. Ensminger, is widowed. 11. The relationship of Plaintiff/Grandmother to the Child is that 12. of maternal grandmother. The Plaintiff/Grandmother currently resides with the following persons: 13. 14. None N/A The relationship of the Defendant/Mother to the Child is that of mother. The Defendant/Mother currently resides with the following persons: Nicole L. Ensminger Daughter 15. Plaintiff/Grandmother 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. 16. Plaintiff/Grandmother has no information of a custody 17. proceeding concerning the children pending in a court of this Commonwealth. Plaintiff/Grandmother does not know of a person not a party to the proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 18. The best interest and permanent welfare of the Child will be served by granting the relief requested because: The Child lived with the Plaintiff/Grandmother for a period of two years, during which time Plaintiff/ Grandmother acted as the Child's mother seeing to all of her needs, and as a result a strong bond has developed between them. bo Since the Defendant/Mother has become involved with her current boyfriend, Defendant/Mother has prevented or interfered with the relationship between the Child and Plaintiff/Grandmother and Defendant/Mother's siblings to the Child's detriment. C o The Plaintiff/Grandmother is the designated guardian of the child's social security benefits and is responsible for all of the expenses for the Child that are paid from those benefits. do The Defendant/Mother has an impaired intellect and lacks comprehension of many things and needs the assistance of Plaintiff/Grandmother with such things as schooling. The Defendant/Mother has difficulties with time management as the result of which the Child has often missed school or has been tardy in her attendance, which may be alleviated if Plaintiff/Grandmother is granted rights. The Plaintiff/Grandmother has no access to the records pertaining to the child and cannot give assistance without a grant of shared legal custody. go The Defendant/Mother suffers from anxiety and panic attacks and in the event of an emergency would not be able to provide care for the Child. 8 o g Granting Plaintiff/Grandmother partial custody rights and shared legal custody would permit Plaintiff/ Grandmother to play a greater role in the Child's life, which should make up for many of the deficiencies of Defendant/Mother. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of the Child have been named as parties to this action to the extent that their identity and whereabouts are known. W~EREFORE, Plaintiff requests the Court to grant shared legal and physical custody of the child to the Plaintiff/Grandmother. Respectfully submitted, DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 unsworn falsification to authorities. Date:~P~ / ~ ~ Pa.C.S. 4904 relating to MARY E. ENSMINGER PLAINTIFF V. MICHELLE L. ENSMINGER DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, pENNSYLVANIA : 02-2888 CIVIL ACTION : IN CUSTODY : ORDER OF COURT AND NOW, Monday, June 17, 2002 , upon consideratior it is hereby directed that parties and their respective counsel appear before Dawn S, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July for a Pre-Hearing Custody Conference. At such conference, an effort will be made tc if this cannot be accomplished, to define and narrow the issues to be heard by the cou order. All children age five or older may also be present at the conference. Failure t~ ~AW of the attached Complaint, Sunday, Esq. , the conciliator, 50, 2002 at 1:00 PM resolve the issues in dispute; or rt, and to enter into a temporary , 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: ~si Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by la with Disabilites Act of 1990. For information about accessible facilities and rea available to disabled individuals having business before the court, please contacl must be made at least 72 hours prior to any hearing or business before the court. scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT O HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHC FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 to comply with the Americans ;onable accommodations our office. All arrangements You must attend the ~ICE. IF YOU DO NOT NE THE OFFICE SET Ensminger MARY E. ENSMINGER Plaintiff Vo MICHELLE L. ENSMINGER Defendant IN THE COURT OF COMMON pLEAS OF : CUMBERLAND COUNTY, pENNSYLVANIA NO. 02-2888 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ~ERTIFICATE OF SERVICE 'I hereby certify that a true and correct copy of the Custody Complaint has been served upon the Defendant by Certified Mail, Restricted Delivery on the 19th day of June, 2002. The return receipt for said mailing is attached hereto as Exhibit ~A" and made a part hereof. Respectfully submitted, Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID ~ 32112 Attorney for Plaintiff - i - Ensmin~er · ' Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliver' is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address differer~ from item~[? Yes if YES, enter delivery address below: I-1 1o 3. Service Type ~,er~fi_ ~ ~ed Mail [] Registered [] insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4, Restricted Delivsry? (Extra Fee) _~es 102595-99-M-1789 EXHIBIT '~A" - 2 - MARY E. ENSMINGER/7.11.02- CUSTODY ORDER AND STiPULATION/revised 7.18.02. MARY E. ENSMINGER Plaintiff : V. : MICHELLE L. ENSMINGER Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA NO. 02-2888 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ENTRY OF CUSTODY ORDER (,,Mother") and Mary E. Ensminger ("Grandm°ther") hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court pertaining to the minor child, Nicole L. Ensminger, born April 4, 1994 ("Child"). IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: MICHELLE L. ENSMINGER Date: q-\q- Q~' Date: (SEAL) . (SEAL) MARY E. ENSMINGER/7.11.02. CUSTODY ORDER AND STIPULATION/revised 7.18.02. MARY E. ENSMINGER Plaintiff V. MICHELLE L. ENSMINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2888 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDE AND NOW this ~day of ~, 2002, Michelle L. Ensminger ("Mother") and Mary E. Ensminger ("Grandmother") hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court pertaining to the minor child, Nicole L. Ensminger, born April 4, 1994 ("Child"). IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: MICHELLE L. ENSMI~GER Date (SEAL) Date: (SEAL) MARY E. ENSMINGER/7.11.02. CUSTODY ORDER AND STIPULATION/revised 7.18.02. MARY E. ENSMINGER Plaintiff MICHELLE L. ENSMINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2888 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY CUSTODY ORDER AlqD NOW, this '~'~ day of~ 2002, upon consideration of the within Stipulation for Entry of Custody Order executed by Michelle L. Ensminger (hereinafter referred to as ~Mother" and Mary E. Ensminger (hereinafter referred to as "Grandmother") pertaining to Mother's minor child, Nicole L. Ensmin~er, born April 4, 1994 (hereinafter referred to as the ~Child"), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: Mother shall have legal custody of the Child and shall be entitled to make all major decisions affecting the Child's health, education, religion and general well being. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: 1. Primary Custody: Mother shall have primary physical custody of the MARY E. ENSMINGER/7.11.02. CUSTODY ORDER AND STIPULATION/revised 7.18.02. Child, subject to the custody schedule hereafter set forth. 2 o Partial Custody: Grandmother shall have partial physical custody of the Child, subject to the custody schedule hereafter set forth. 3 o Custody Schedule: The parties' rights of physical custody shall be in accordance with the following schedule: so Primary Custodian's Periods: Mother shall have physical custody of the Child for all periods not specifically reserved for Grandmother herein. bo Alternatinq Weekends: The parties shall alternate custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m., commencing with the weekend of July 26th - 28th for Grandmother. Except for periods of vacation, illness, or other extenuating circumstances, during her weekend, Grandmother shall take the Child to either her church or to Mother's church in accordance with the stated preference of the Child at the time. C · Mid-Week Period: Grandmother shall have custody on each Wednesday evening from after school until 8:00 p.m. do Holidays/Special Days: Physical custody of the Child on major holidays and special days shall be in accordance with the following schedule unless on any given holiday the parties will be jointly attending a family function for the same times hereafter provided in which event they shall share custody of the child on that holiday for those times: - 2 M3~RY E. ENSMINGER/7.11.02. CUSTODY ORDER AND STIPULATION/revised 7.18.02. New Years Day 9:00 a.m. to 7:00 p.m. Grandmother Mother Easter Day 9:00 a.m. to 7:00 p.m. Mother Grandmother Memorial Day 9:00 a.m. to 7:00 p.m. Grandmother Mother Independence Day 9:00 a.m. to 7:00 p.m. Mother Grandmother Observed Labor Day 9:00 a.m. to 7:00 p.m. Grandmother Mother Thanksgiving Day 9:00 a.m. to 7:00 p.m. Mother Grandmother Christmas 1st Half 9:00 a.m. on 12/24 to Mother Mother 1:00 p.m. 12/25 Christmas 2na Half 1:00 p.m. to 7:00 p.m. Grandmother Grandmother on 12/25 Mothers Day 9:00 a.m. until 7:00 Mother Mother p.m. e o Summer Vacation Time: Each party shall be entitled to two (2) uninterrupted weeks of custody of the Child under and subject to the following terms and conditions: Non-Consecutive Weeks: The weeks are to be exercised in two (2) non-consecutive one (1) week periods. 2 ° Encompassing Recular Weekend: To the extent possible these weeks shall be scheduled to encompass the selecting party's regular alternating weekend. 3 ° Weekend Switching: If said scheduling set forth in subparagraph 2 above is not possible or practical, then the party selecting the custodial time period that - 3 - MARY E. ENSMINGER/7.11.02. CUSTODY ORDER AND STIPULATION/revised 7.18.02. encompasses the other party's regular alternating weekend shall switch weekends with the other party so that neither party has custody of the Child for more than two (2) consecutive weekends. 4 o Advance Written Notice: Each party must provide the other party with at least thirty (30) days advance written notice of the party's intention to exercise each of these custodial weeks, with the exception of the summer of 2002, for which a fifteen day notice shall be deemed to be sufficient advance notice. o Conflict: Should conflict arise between the selection of said weeks the first party to notify the other party of his or her selection shall have the right to exercise custody on the weeks selected and the other party shall select other times for his or her weeks so as to avoid any conflicts. Grandmother may not take the Child to the beach this year during either of her custodial weeks. C. MISCELLANEOUS CUSTODY TERMS: Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the parties. The party receiving custody of the Child shall provide the transportation for that custodial exchange. 2 o Mother's Boyfriend: Mother's boyfriend, Scott Spidle, shall not have any contact with Grandmother at any of the custodial exchanges. He shall be permitted to be in the car when Mother picks up the child or inside of mother's home when Grandmother MARY E. ENSMINGER/7.11.02. CUSTODY ORDER AND STIPULATION/revised 7.18.02. 3 o 5 o o picks up the child, but shall not have any contact with Grandmother at those custodial exchanges and shall not communicate with her at those times. If he violates these provisions then Mother shall not permit him to be at her home or in the car when the custodial exchanges occur. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. Unavailability: In the event either party is going to be out of town or is otherwise unavailable to exercise his or her custodial periods, they shall notify the other party accordingly and the other party shall be provided with the opportunity to have custody for the period of unavailability. Modification: The parties shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of Mother and Grandmother for any such modifications. Information Sharina and Access: Mother shall keep Grandmother informed of all important events, activities and other matters regarding the Child's health, education, religion and general well being, and upon request shall provide Grandmother with copies of any documents readily available to Mother regarding the same. Each party shall be entitled to access to and copies of any and all information that may bear on or effect the Child's health, education, religion and general well being and shall be entitled to have communication with and receive documentation and information MARY E. ENSMINGER/7.11.02. CUSTODY ORDER kND STIPULATION/revised 7.18.02. 10. 11. from any persons or entities having information or documentation regarding the Child. Non-Major Decisions: Non-major decisions involving the Child's day to day living shall be made by the party then having custody, but to the extent possible, each party shall attempt to make such rules and follow such schedules as would provide the Child with continuity regardless of the then existing custodial party. Emergency Decisions: Emergency decisions regarding the Child shall be made by the party then having physical custody, but that party shall immediately communicate to the other party the nature and extent of the emergency and shall provide that other party with all information pertaining to the treatment so that the other party may be involved in the decision making process at the earliest possible time. No Derogatory Comments: Neither party shall make any derogatory comments about the other party in the presence of the Child and to the extent possible shall prevent third parties from making any such comments in the presence of the Child. No Discussion: Neither party shall discuss any aspect of the custodial situation with the Child and shall not utilize the Child for purposes of conveying information or inquiries pertaining to the Child to the other party. Telephone Contact: Each party shall be afforded reasonable telephone contact with the Child while in the other party's custody and for said purposes each party shall provide the other party with her home phone number where the Child can be reached when in the that party's custody. - 6 - MARY E. ENSMINGER/7.11.02. CUSTODY ORDER AND STIPULATION/revised 7.18.02. 12. Temporary Absence from Commonwealth: If either party intends on removing the Child from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that party shall provide the other party with the address and phone number where the Child can be reached during the period of abse~ BY THE COUR~: DISTRIBUTION TO: DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17055 Attorney for Plaintiff Jo Mark C. Duffie, Esquire. 301 Market Street P.Oo Box 109 Lemoyne, PA 17043-0109 Attorney For Defendant Mary E. Ensminger 783 Lee Lane Enola PA 17025 Plaintiff Michelle L. Ensminger 143 15~h Street, Unit 9 New Cumberland, PA 17070 Defendant 15. Shippensburg Townhouses, LLC and Westminster Development V Board of Supervisors of Shippensburg Township V Carole Veschi, Sean Tighe and Robert Veschi, t/d/b/a CRS Enterprises IN THE ,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2882 CIVIL TERM ORDER OF COURT AND NOW, December 5, 2002, by agreement of co~msel, the above captioned case is hereby striken from the December 4, 2002 Argument Court list. Counsel is directed to relist the case when ready. //Timothy M. Zieziula, Esquire For the Plaintiff ,~Ron Turo, Esquire Lisa Made Coyne, Esquire For the Defendant Court Administrator ld By the Court, ¥1NW\'I,~C3NN~]d MARY E. ENSMINGER : Plaintiff : V. : MICHELLE L. ENSMINGER : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2888 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The Petition of Mary E. Ensminger, Petitioner, respectfully represents: That on July 29, 2002, the Honorable Edgar B Bayley, Judge, entered an Order awarding Petitioner partial custody of the minor child: Nicole L. Ensminger, born April 4, 1994. A true and correct copy of the order is attached hereto and marked Exhibit A and made a part hereof. Respondent has willfully failed to abide by the order in that the Respondent, Michelle L. Ensminger, has consistently denied Petitioner her partial custody rights on Wednesday evenings and on weekends, particularly and most recently as follows: Respondent refused to allow the Petition to exercise her Wednesday evening custody rights on February 4, 2004, telling the Petitioner that the child had too much homework which was not true. Respondent refused to allow the Petitioner to exercise her partial custody rights for the weekend of February 6, 2004 through February 8, 2004, telling the Petitioner that the child did not want to go with her. Respondent refused to allow the Petitioner to exercise her Wednesday evening custody rights on Wednesday, October 29, 2004. -1- Respondent refused to allow the Petitioner to exercise her Wednesday evening custody on Wednesday, September 11, 2002. WHEREFORE, Petitioner requests that Respondent be held in contempt of court. Respectfully submitted, Camp Hill, PA 17011 Phone: (;717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner -2- VERIFICATION Mary E. Ensminger verifies that the statements made in the foregoing Petition are true and correct. Mary E. Ensminger understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to uns~vorn falsification to authorities. -3- EXHIBIT "A" MARY E. ENSMINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL~D COUNTY, PENNSYLVANIA NO. 02-2888 CIVIL TERM MICHELLE L. ENSMINGER : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY ORDER day of ,~ , 2002, upon consideration of the within NOW, this Stipulation for Entry of Custody Order executed by Michelle L. Ensminger (hereinafter referred to as "Mother") and Mary E. Ensminger (hereinafter referred to as "Grandmother") pertaining to Mother's minor child, Nicole L. Ensminger, born April 4, 1994 (hereinafter referred to as the ~'Child"), IT IS HEREBY ORDERED A_ND DECREED as follows: A. LEGAL CUSTODY: Mother shall have legal custody of the Child and shall be entitled to make all major decisions affecting the Child's health, education, religion and general well being. B. PHYSICAL CUSTODY: The fo]]©w~llq shall applv regardin,q physical _u~,.od¥ of the Child: Primary Custody.. ~4o[[[er shall have primary physmca?, ~"asiody of the - 1 - Child, subject to the custody schedule hereafter set forth. 2 o Partial Custody: Grandmother shall have partial physical custody of the Child, subject to the custody schedule hereafter set forth. Custody Schedule: The parties' rights of physical custody shall be in accordance with the following schedule: Primary Custodian's Periods: Mother shall have physical custody of the Child for all periods not specifically reserved for Grandmother herein. Alternatinq Weekends: The parties shall alternate custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m., commencing with the weekend of July 26th - 28th for Grandmother. Except for periods of vacation, illness, or other extenuating circumstances, during her weekend, Grandmother shall take the Child to either her church or to Mother's church in accordance with the stated preference of the Child at the time. Mid-Week Period: Grandmother shall have custody on each Wednesday evening from after school until 8:00 p.m. Holidays/Special Days: Physical custody of the Child on major holidays and special days shall be in accordance with the following schedule unless on any given holiday the parties will be jointly attending a family function for the same times hereafter provided in which event they shall share custody of the child on that holiday for those times: - 2 - HOLIDAYS TIM_ES EVEN ODD YEARS YEARS 'New Years Day 9:00 a.m. to 7:00 p.m. Grandmother Mother Easter Day 9:00 a.m. to 7:00 p.m. Mother Grandmother Memorial Day 9:00 a.m. to 7:00 p.m. Grandmother Mother Independence Day 9:00 a.m. to 7:00 p.m. Mother Grandmother Observed Labor Day 9:00 a.m. to 7:00 p.m. Grandmother Mother Thanksgiving Day 9:00 a.m, to 7:00 p.m. Mother Grandmother Christmas 1st Half 9:00 a.m. on 12/24 to Mother Mother 1:00 p,m. 12/25 Christmas 2nd Half 1:00 p.m. to 7:00 p.m. Grandmother Grandmother on 12/25 Mothers Day 9:00 a.m. until 7:00 Mother Mother p.m. Summer Vacation Time: Each party shall be entitled to two (2) uninterrupted weeks of custody of the Child under and subject to the following terms and conditions: Non-Consecutive Weeks: The 'weeks are to be exercised in two (2) non-consecutive one (1) week periods. Encommassin~ Regular Weeken~: To the extent possible these weeks shall be scheduled to encompass the selecting party's regular alternating weekend. o Weekend Switchinq: If said scheduling set forth in subparagraph 2 above is not possible or p~-~cti~al, then thc party selecting the c,3~stcdial time period that encompasses the other party's regular alternatzng weekend shall switch weekends with the other party so that neither party has custody of the Child for more than two (2) consecutive weekends. Advance Written Notice: ]Each party must provide the other party with at least thirty (30) days advance written notice of the party's intention to exercise each of these custodial weeks, with the exception of the summer of 2002, for which a fifteen day notice shall be deemed to be sufficient advance notice. Conflict: Should conflict arise between the selection of said weeks the first party to notify the other party of his or her selection shall have the right to exercise custody on the weeks selected and the other party shall select other times for his or her weeks so as to avoid any conflicts. Grandmother may not take the Child to the beach this year during either of her custodial weeks. C. MISCELLANEOUS CUSTODY TERMS: Transportation: The transportation necessary for exchanges herein set forth shall be shared by the party receiving custody of the Child shall transportation for that custodial exchange. the custodial parties· The provide the Mother's Boyfriend: Mother's boyfriend, Scott Spidle, shall not have any contact with Grandmother at any of the custodial exchanges. He shall be permitted tc be in the car wl~en Mother picks up the child or inside of mother's home when Grsnd~other - 4 picks up the child, but shall not have any contact with Grandmother at those custodial exchanges and shall[ not communicate with her at those times. If he violates these provisions then Mother shall not permit him to be at her home or in the car when the custodial exchanges occur. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. Unavailability: In the event either party is going to be out of town or is otherwise unavailable to exercise his or her custodial periods, they shall notify the other party accordingly and the other party shall be provided with the opportunity to have custody for the period of unavailability. Modification: The parties shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of Mother and Grandmother for any such modifications. Information Sharinq and Access: Mother shall keep Grandmother informed of all important events, activities and other matters regarding the Child's health, education, religion and general well being, and upon request shall provide Grandmother with copies of any documents readily available to Mother regarding the same. Each party shall be entitled to access to and copies of any and all information that may bear on or effect the Child's health, education, religion and general well being ~nd shall be entitled to have communication with and receive documentation and infsrmation from any persons or entities having information or documentation regarding the Child. Non-Major Decisions: Non-major decisions involving the Child's day to day living shall be made by the party then having custody, but to the extent possible, each party shall attempt to make such rules and follow such schedules as would provide the Child with continuity regardless of the then existing custodial party. Emerqency Decisions: Emergency decisions regarding the Child shall be made by the party then having physical custody, but that party shall immediately communicate to the other party the nature and extent of the emergency and shall prowide that other party with all information pertaining to the treatment so that the other party may be involved in the decision making process at the earliest possible time. No Deroqatory Comments: Neither party shall make any derogatory comments about the other party in the presence of the Child and to the extent possible shall prevent third parties from making any such comments in the presence of the Child. 10. No Discussion: Neither party shall discuss any aspect of the custodial situation with the Child and shall not utilize the Child for purposes of conveying information or inquiries pertaining to the Child to the other party. 11. Telephone Contact: Each party shall be afforded reasonable telephone contact with the Child while in the other party's custody and for said purposes each party shall provide the other party with her home phone number where ~e Child can be reached when in that party's custody'. ~L~RY E. ENSMINGER/7.11.02. CUSTODY ORDER AND .STIPULATION/revlseO 7.18.02. 12. Temporary Absence from Commonwealth: If either party intends on removing the Child from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that party shall provide the other party with the address and phone number where the Child can be reached during the period of absence. BY THE COURT: DISTRIBUTION TO: DIAiqE G. P-ADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17055 Attorney for Plaintiff Mark C. Duffie, Esquire. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney For Defendant Mary E. Ensminger 783 Lee Lane Enola PA 17025 Plaintiff Michelle L. Ensminger 143 15th Street, Unit 9 New Cumberland, PA 17070 ~efemda~E Jo - 7 - MARY E. ENSMINGER Plaintiff V. MICHELLE L. ENSMINGER Defendant STIPULATION FOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2888 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ENTRY OF CUSTODY ORDER} AND NOW this ¢¢ ¢ day of ~-~ ;2002, Miehelle L. Ensminger ("Mother") and Mary E. Ensminger ("Grandmother") hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court pertaining to the minor child, Nicole L. Ensminger, born April 4, 1994 (~Child") . IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: MICHELLE L. ENSMINGER Date (SEAL) Date: (SEAL) - 8 - MARY E. ENSMINGER PLAINTIFF MICHELLE L. ENSMINGER DEFENDANT IN 'I~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-2888 CIVIL ACTION LAW : : IN CUSTODY ORDER OFCOURT AND NOW, _ Monday, February 23, 2004 _, 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, March 17, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq, C_ 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 befbre 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 MARY E. ENSMINGER, Plaintiff VS. MICHELLE L. ENSM1NGER Defendant IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA 02-2888 C1VIL ACTION LAW IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Nicole L. Ensminger DATE OF BIRTH April 4, 1994 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held on March 17, 2004, with the following individuals in attendance: The Maternal Grandmother, Mary E. Ensminger, with her counsel, Diane G. Radcliff, Esquire, and the Mother, Michelle L. Ensminger, who is not represented by counsel but was accompanied during the conference by her husband, Scott Spidle. 3. This court previously entered an Order in this matter on July 29, 2002, under which the Mother has legal custody and primary physical custody of the Child and the Maternal Grandmother has periods of partial custody on alternating weekends, Wednesday evenings, certain holidays and periods during the summer. The Grandmother filed this Petition for Contempt alleging that the Child was not made available for several periods of partial custody. 4. At the conference, the Mother, the Maternal Grandmother and the Mother's husband made a commitment to renew their efforts to resolve conflict between them and to ensure that the partial custody schedule resumes on a regular basis as provided in the existing Order. It was agreed that the Grandmother would come to the door of the Mother's residence to pick up the Child for periods of custody and that all would cooperate to provide firm guidance for the Child and ensure peaceful exchanges of custody for the Child's benefit. 5. No further Order is necessary at this time. Date Dawn S. Sunday, Esquir~ Custody Conciliator cc: ,ff3iane Radcliff, Esquire - Counsel for Matemal Grandmother ,,/Michelle L. Ensminger - Mother