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Home My WebLink About02-3803RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION-LAW Defendant IN CUSTODY PETITION FOR RECONSIDERATION OF DECEMBER 9, 2005 ORDER AND NOW, comes, David E. Teats, incorrectly noted in the caption as "David L. Teats" by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. David E. Teats (hereinafter "Father") resides at 1936 Landisburg Road, Landisburg, Perry County, Pennsylvania, 17040-9310. 2. Renee L. Teats (hereinafter "Mother") resides at 7073 Carlisle Pike, Lot 57, Carlisle, Cumberland County, Pennsylvania, 17013-9758. 3. The parties are the parents of two minor children, David M. Teats, born May 31, 1994, and Daniel J. Teats, born August 3, 1995 (hereinafter "Children"). 4. Until recently, the parties essentially shared physical custody of the children despite the presence of a September 24, 2002 Custody Order signed by the Honorable Kevin A. Hess which is attached hereto as "Exhibit A." 5. In November, 2005, Father moved to Landisburg, Perry County, and the children were no longer able to attend school in the Carlisle School District. 6. As a result of Father's move, the children were required to change school districts and Father enrolled them in the West Perry School District upon his move. 7. At all times relative hereto, Father communicated his intentions and actions to Mother. 8. Father believed and intended that Mother's periods of custody with the children would not be substantially interfered by virtue of his move. 9. Mother filed a Petition to Modify Custody on September 24, 2005, which Father received. 10. Mother also filed an Emergency Petition on November 29, 2005, which Father received; however, he was advised that he would be notified of a hearing date in this matter and he never received notice of such hearing. 11. On December 9, 2005, the Court convened a hearing, and noted Father's absence; however, Father was not advised of the hearing, which is inexplicable in that he had seen Mother the previous day and she mentioned nothing of the hearing; and Mother has Father's cellular phone number and no one tried to contact him on the day of the hearing to ensure he received notice of the hearing. 12. The December 9, 2005 Order (attached hereto as "Exhibit B") does not provide Father with any periods of physical custody despite the parties having previously shared physical custody. 13. The December 9, 2005 Order awards counsel fees to Mother to be paid by Father for some reason, although the Petition did not request counsel fees. 14. Father was in the process of retaining undersigned counsel when Mother was making these various filings and feels that the Emergency Petition and the ex parte Order would not have been necessary had Father had an opportunity to retain counsel and address the schooling issue which arose in the interim. 15. Father actually had an appointment with undersigned counsel on December 9, 2004 at 8:30 a.m. which was canceled due to a snowstorm that day, and Father was in the process of attempting to reach a resolution of this matter when he found out from Mother on December 11, 2005 that an ex parte Order had been entered in this matter. 16. Undersigned counsel has called opposing counsel twice regarding this matter to seek his concurrence, but has not received a return call. WHEREFORE, Father respectfully requests this Honorable Court: A. Vacate the December 9, 2005 Order; and B. Reinstate the September 24, 2002 Order pending the conciliation. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire Supreme Court I.D. #61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Teats\recons i deration. pet Z I ?t 4 u f? £? 500Z 341 RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION-LAW Defendant IN CUSTODY VERIFICATION The statements in the foregoing Petition for Reconsideration are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: December /5'? , 2005 David L. Teats SEP 2 S 2802 RENEE L. TEATS, Plaintiff V. DAVID L. TEATS, Defendant HESS, J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3803 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 40 day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and d'•ected as follows: 1. Legal Custody. The parties Renee L. Teats and David L. Teats, shall have shared legal custody of the minor children, Daniel M. Teats, born May 13, 1994, and David J. Teats, born August 3, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have physical custody for the period from Thursday after school until Sunday at noon each week during the school year. In all other times during the school year, Father shall have custody. 3. Summer. The summer school recess shall be shared by the parents on a week-on week-off arrangement wherein the parent not having custody for that week shall have one (1) overnight during the custodial parent's week. The summer school recess shall commence with Father having the first full week of custody during the summer. 4. Vacation. Each parent shall have one (1) block of eight (8) uninterrupted days which shall run from Saturday to Saturday for the purposes of vacation during the summer school recess. The parties shall provide each other with at least two (2) weeks notice of their intended vacation plans to avoid the circumstance of the children's vacations overlapping or conflicting. C?KIYJA17" "A „ NO. 02-3803 CIVIL TERM 5. Birthdays. The parties shall share time with the children on birthdays and holidays as they may mutually agree. 6. The parent who has physical custody shall be responsible for taking the children to sports practices, games and extracurricular activities when the children are in their custody. However, both parents may attend these events. 7. Transportation. Transportation shall be shared by an arrangement wherein the parent relinquishing custody is responsible for providing the transportation incident to custodial exchanges. 8. This Order was entered pursuant to an agreement reached by the parents of these children. The parties may vary from its terms by their express mutual agreement. However, in the absence of their agreement, the terms of this Order shall control. BY THE COURT vin A. Hess, J. Dist: John M. Glace, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101-1612 9- 1 y-off Andrew C. Spears, Esquire, PO Box 5300, Harrisburg, PA 17110-0300 `-lz ? SEP 2 3 2002 RENEE L. TEATS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3803 CIVIL TERM V. DAVID L. TEATS, CIVIL ACTION - LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Daniei M. Teats May 13, 1994 David J. Teats August 3, 1995 Father Father 2. A Custody Conciliation Conference was held on September 17, 2002 with the following individuals in attendance: the Mother, Renee L. Teats, and her counsel, John M. Glace, Esquire; the Father, David L. Teats, and his counsel, Andrew C. Spears, Esquire. 3. The parties reached an agreement in the for Order as attached. ate Melissa Peel Greevy, Esquire Custody Conciliator :162968 R _ED urF;Gf 02 SEP 2G A1,111:20 CUIvi6tR,,*0" l OUNl PENNSYLVANIA C7 '"' 0 C7 -ri a f? n ?1 9i f [ [") C11?° ? T "? ?,. ? ?, .? , - s-' --i ?. ? Y Y RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION-LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on December 16, 2005, I, Tina M. Ascani, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Reconsideration of December 9, 2005 Order, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael O. Palermo, Jr., Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, Pennsylvania 17013 Tina M. Ascani, Secretary IN THE COURT OF COMMON PLEAS, RENEE L TEATS, CUMBERLAND COUNTY, plaintiff PENNSYLVANIA V. No. 02 - 3803 DAVID E. TEATS, CIVIL, ACTION- CUSTODY Defendant Complaint for Custody AND NOW, this 8th day of August, 2002 comes RENEE L. TEATS., Plaintiff above named, by and through his attorney, John M. Glace, Esquire, and respectfully presents the below Complaint for Custody, and, in support thereof, avers the following: I . Plaintiff RENEE L. TEATS, is a adult individual, who presently resides and has resided for all times relevant to this Complaint at 9 East Lauman Street, the Borough of Mount Holly Springs, (Cumberland County), PA 17065. 2. Defendant DAVID E. TEATS is an adult individual, who now resides at Lot 136,70 Betty Nelson Trailer Park, Carlisle (Cumberland County), PA 17013-7743 3. The above parties are the biological parents ofDankiM. Teats (dob: 5131194, ssn: 204-74- 7011) and David.[ Teats (dob: 83AS. an: 175- 76-9393), who both presently reside with the above Defendant Father. 4. The above minor children were born during the marriage of the parties. Parties were married August 24, 1994 in Frederick, Maryland and divorced by the Decree of the Honorable, Frederick J. Ammerman, Clearfield County (PA) Court of Common pleas and docketed at 97-1403). 5. At the date of the divorce, Defendant Father has insisted on primary custody although there is not, to the knowledge and belief of Plaintiff, an existent custody order. Thereafter and to this date, Defendant Father has dictated by the force of his will Plaintiff's periods of custody. 6. During the year 2000, both parties independently moved to Cumberland County to improve their circumstances as to employment and standard of living. 7. Defendant Father's behavior as to shared custody has become more capricious and subject to last minute changes and cancellations. 8. Defendant Father is employed as a third shift dock worker for a logistics company in Mechanicsburg, PA requiring an approximately 50 miles commute. While Defendant Father employs day care during his working hours; he allows the minor children to roam the trailer park where he resides during his down time when he rests. The minor children, without supervision, have participated in acts of vandalism and acted toward the neighbors in an obnoxious and disorderly manner. Additionally, and of more immediate concern, the minor children and their male peers have begun to act in a sexual ipappropriate manner. 9. Concurrent to this Complaint, Plaintiff has contacted Pennsylvania State Police, Cumberland County Children and Youth, and brought a Motion for Special Relief also to this docket relative to the above behaviors. 10. Each parent, whose parental rights have not been terminated, has been made party to this action. WHEREFORE, above Plaintiff REWE L TEATS respectfully requests this Honorable Court to grant her primary physical custody of her sons DAVID M. TEATS and DANIEL J. TEATS with Defendant Father permitted periods of partial custody, the circumstances of which are to be determined by this Honorable Court and thereafter enforced accordingly.. Respectfully Submitted, THE LAW OFFICE of JOHN M. GLACE Glace, Esquire ourt ID: 23933 Walnut Street Harrisburg, PA 17101-1612 (717) 238-55 I.,r Attorney for Plaintiff IV VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint for Custody are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unworn falsification to authorities. Iz Renee L. Teats I HEREBY CERTIFY that this, U7; i y of August, 20021 have served a true and correct copy of the foregoing Complaint for Custody, by first class mail, postage pre-.paid and- First Class Mail, Return Receipt Requested, upon: David E. Teats Lot 136 70 Betty Nelson Court Carlisle, PA 17013-7743 LAW OMCES of JOHN M. GLACE J M40 ace, Esquire -13Walnut Street Harrisburg, PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Plaintiff - c ` r n l f 1- ec? O ? ? ? ?D 1 1.+ ? r C : ,iJ C-7 co I? RENEE L. TEATS, Plaintiff V. DAVID L. TEATS, Defendant To: The Honorable, Judges of Said Court: IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o a - 3 gr 03 CIVIL ACTION - LAW CUSTODY Motion for Special Relief AND, NOW, this ? ?ay of August, 2002 comes the Plaintiff RENEE L TEATS by and through her attorney, John M. Glace, Esquire, and pursuant to Pa. R. C. P. 1915.13 moves This Honorable Court for Special Relief relative to the above matter, and in support thereof, presents the following: 1. Plaintiff RENEE L. TEATS is an adult individual who resides at 9 East Lauman Street, Mount Holly Springs, (Cumberland County), PA 17065 2. Defendant DAVID L. TEATS is an adult individual who resides at Lot 136, 70 Betty Nelson Trailer Court, Carlisle (Cumberland County), PA 17013-7743; although, upon knowledge and belief, made also reside at his mother's ( Shirley Teats ) residence on Market Street, Karthaus ( Clearfield County ), PA in order to avoid legal service and to deny Plaintiff custody. Defendant has been employed and remains employed at Overnight Transportation Company, Mechanicsburg (Cumberland County), PA 17050 3. The above parties were married on August 26, 1994 in Frederick, Maryland and divorced on July 16, 1998 by the Decree of the Honorable Frederick J. Ammerman of the Clearfield County Court of Common Pleas ( 97-1403) 4. The above parties are the biological parents of two children: a. David M. Teats ( 5/31/94: 204-74-7011) b. Daniel I Teats (8/3/95: 175-76-9393) 5.. Upon the divorce of the parties, there was an agreement for shared legal and physical custody. No custody agreement or order was recorded in Clearfield County. Undersigned counsel confirmed this lack of custody determination on August 7, 2002 by telephone conference with Dick Gregg, Assistant Clearfield County Prothonotary and Mr. Gregg's record search to 1971 which revealed that only the parties' divorce is entered of record and no custody determination exists of record. 6. During 2000, both parties moved to Cumberland County independently to find employment and to relocate to better circumstances. 7. Defendant has controlled Plaintiff's access to her children, imposing arbitrary and capricious rules limiting her custody periods. Additionally, Defendant has installed a Caller ID on his telephone and refuses to permit telephone access between Plaintiff and her sons. 8. Defendant is employed as a third shift dock worker at a logistics company approximately twenty-five (25 ) miles from his residence. Although the parties jointly provide child care during Defendant's third shift employment; Defendant does not provide day care during the remainder of the day. 9. Defendant resides in a trailer park with over fifty other (50) residences. The two minor children are allowed to roam without restraint throughout this trailer park when Defendant is asleep or resting between work shifts. The children have committed various acts of vandalism, stolen Defendant's cigarettes and smoked with regularly, and generally acted in a disorderly and obnoxious manner. 10. While in Defendant's primary custody both minor children attended Plainfield Elementary School ( Big Spring School District). Both children failed both the first and second grade and presented at school in an ill-prepared and indifferent manner. 11. On August 4, 2002, while during a period of Plaintiff Mother's custody.the minor children were discovered committing sexual inappropriate acts . Upon further investigation, the minor children admitted participating regularly in sexually inappropriate acts with a group of their unsupervised male peers at their father's residence or its environs during daylight hours. Respectfully submitted, THE LAW OFFICE of JOHN M. GLACE J ". Glace, Esquire , 1 34 Walnut Street sburg, PA 17101-1612 ( 7) 238-5515 Supreme Court ID: 23933 Counsel for Plaintiff VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Motion for Special Relief are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. ?-?7-on noOo? Date Renee L. Teats I HEREBY CERTIFY that this 6% ay of August, 2002 I have served a true and correct copy of the foregoing Motion for Special Relief, by first class mail, postage pre-paid and by Registered Mail, Return Receipt Requested, upon: David E. Teats Lot 136 70 Betty Nelson Court Carlisle, PA 17013-7743 LAW OFFICES of JOAN M. GLACE V*?burg, Glace, Esquire Walnut Street i PA. 17101-1612 17) 238-5515 Identification No. 23933 Counsel for Defendant/Petitioner 4. The above parties are the biological parents of two children: a. David M. Teats ( 5/31/94: 204-74-7011) b. Daniel I Teats (8/3/95: 175-76-9393) 5.. Upon the divorce of the parties, there was an agreement for shared legal and physical custody. No custody agreement or order was recorded in Clearfield County. Undersigned counsel confirmed this lack of custody determination on August 7, 2002 by telephone conference with Dick Gregg, Assistant Clearfield County Prothonotary and Mr. Gregg's record search to 1971 which revealed that only the parties' divorce is entered of record and no custody determination exists of record. 6. During 2000, both parties moved to Cumberland County independently to find employment and to relocate to better circumstances. 7. Defendant has controlled Plaintiffs access to her children, imposing arbitrary and capricious rules limiting her custody periods. Additionally, Defendant has installed a Caller ID on his telephone and refuses to permit telephone access between Plaintiff and her sons. 8. Defendant is employed as a third shift dock worker at a logistics company approximately twenty-five (25 ) miles from his residence. Although the parties jointly provide child care during Defendant's third shift employment; Defendant does not provide day care during the remainder of the day. 9. Defendant resides in a trailer park with over fifty other (50) residences. The two minor children are allowed to roam without restraint throughout this trailer park when Defendant is asleep or resting between work shifts. The children have committed various acts of vandalism, stolen Defendant's cigarettes and smoked with regularly, and generally acted in a disorderly and obnoxious manner. 10. While in Defendant's primary custody both minor children attended Plainfield Elementary School ( Big Spring School District). Both children failed both the first and second grade and presented at school in an ill-prepared and indifferent manner. 11. On August 4, 2002, while during a period of Plaintiff Mother's custody.the minor children were discovered committing sexual inappropriate acts . Upon further investigation, the minor children admitted participating regularly in sexually inappropriate acts with a group of their unsupervised male peers at their father's residence or its environs during daylight hours. 12. Plaintiff immediately has reported these activities to Cumberland County Children & Youth and the Pennsylvania State Police 13. The minor children were at Plaintiff s residence during her report to the above agencies and the period thereafter when she was scheduling special counseling. When she permitted Defendant to eat lunch with the minor children on August 6, 2002, he notified her that he was leaving with the children and not allowing her to see them again. Defendant thereafter has hidden his location and that of the children. 14. To permit the children to return to the present circumstances relative to the lack of day time day care, history of lack of supervision disorderly conduct and now sexually inappropriate behavior would be patently deleterious. 15. Defendant has failed to provide the necessary and reasonable guidance and oversight to allow the minor children to progress educationally, emotionally and morally. 16. Defendant has demonstrated by his above described actions his strong disregard for Plaintiff Mother's custody rights, the minor children's best interests and the dictates of the Court. Further, his response to the present situation involving the sexually inappropriate behavior is additional evidence of Defendant's lack of appreciation and/or denial of the gravity of the present situation.. 17. Plaintiff requests temporary primary custody to facilitate recommended counseling, school guidance and imposition of behavior controls. Further, Plaintiff requests that Defendant jointly participate in family counseling and attend parenting education. WHEREFORE, Plaintiff RENEE L. TEATS, respectfully requests that this Honorable Court enter an Order awarding Plaintiff temporary primary custody and requiring Defendant's attendance at family counseling. his joint participation in any individual counseling recommended for either minor child, and any other special relief deemed appropriate. Vr -! ? (7J eel C RENEE L. TEATS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID L. TEATS DEFENDANT • 02-3803 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, September 17, 2002 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/ Melissa P Greev ,Esq, nl?_v Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -ems' iv -q /""v 4v Fo,?z y ?: If\'tlillr'?Si?f1U3d 61! :,; ; -; `'1 1 oil°J 70 RENEE L. TEATS, IN THE COURT of COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . No. (? a - 34-03 DAVID L. TEATS, Defendant CIVIL ACTION - LAW CUSTODY Order AND NOW this day of August, 2002, upon due consideration of the attached M otion for Special Relief, it is hereby ORDERED and DECREED that t sehedtded in Gem- Bexh.n By the Court: Distribution: idohn M. Glace, Esquire 132-134 Walnut Street, Harrisburg, PA 17101-1612 > ,David E. Teats v 8-l?-oa R .s ??? In'ASNN3d tit QE 1`? E la CO RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c? --T I V. NO. 02-3803 c; c; i DAVID L. TEATS, CIVIL ACTION - LAW ?.> Defendant IN CUSTODY c=i i ?} =din ANSWER TO MOTION FOR SPECIAL RELIEF gin' AND NOW, this of August, 2002, comes the Defendant, David E. Teats, by and through his attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and presents the following: 1. Admitted. 2. Denied. David E. Teats is an adult individual who resides at Lot 136, 70 Betty Nelson Trailer Court, Carlisle, Cumberland County, Pennsylvania, 17013. It is specifically denied that Defendant, David E. Teats, has changed his addresses to avoid legal service. Defendant is currently employed with Overnite Transportation Company located in Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Admitted. 4. Admitted. 5. Denied. On the contrary, there was a Custody Order entered and recorded in Centre County, Pennsylvania on November 21, 1996 and docketed at 96-2636. Currently, undersigned counsel is in the process of securing a copy of this Custody Order and will forward said copy when it is in his possession. 6. Denied. On the contrary, Plaintiff moved to Cumberland County in 2000, but Defendant did not move to Cumberland County until July 2001. Document #240423 7. Denied. On the contrary, Defendant, David E. Teats, has been the primary caretaker for the minor children for the past four years. More specifically, the Custody Order sets out that Plaintiff and Defendant were to have 50150 custody. In October of 1998, Plaintiff, Renee L. Teats, pursuant to a verbal agreement with Defendant, David E. Teats, gave Defendant primary physical custody so that she could move to the State of Indiana. Additionally, throughout the four years, Defendant has gone out of his way to allow the children access to Plaintiff, Renee L. Teats. Additionally, Defendant, David E. Teats, has no caller ID installed on his telephone and has not refused to permit telephone access between Plaintiff and her sons. Plaintiff has never been denied access to her children until she recently took the children and refused to return them to Defendant for approximately a two week period. 8. Denied. Defendant is employed as a third shift dock worker at Overnite Transportation located in Mechanicsburg, Cumberland County, Pennsylvania. More specifically, the parties do not jointly provide care during Defendant's third shift employment. Defendant makes all the arrangements for the children's day care during his employment. 9. It is admitted that Defendant resides in a trailer park with over 50 residents. It is specifically denied that the two minor children are allowed to roam without restraint. On the contrary, the children are not allowed to play outside the trailer without Defendant's presence. It is specifically denied that the children have committed various acts of vandalism and that they smoke with regularity. It is specifically denied that the children act in a disorderly and obnoxious manner. 10. It is admitted that both minor children attended Plainfield Elementary School. It is specifically denied that both children failed both the first and second grade respectively. On -2- Document #140423 the contrary, it was the joint decision of the School District and Defendant that due to the children's current aptitude, it would be more beneficial for them to remain in the first and second grades for another year. Furthermore, it is specifically denied that the children presented to school in an ill-prepared and indifferent manner. 11. Denied. The averments of paragraph 11 are specifically denied. On the contrary, neither Defendant nor the children's day care providers have observed such behavior. Furthermore, Defendant has discussed this with numerous neighbors and his landlord and they have never observed behavior such as this alleged. 12. Defendant is without knowledge to form answers so the averments of paragraph 12 are specifically denied. 13. Denied. The averments of paragraph 13 are specifically denied. On the contrary, pursuant to a verbal agreement, Plaintiff had the children for a regularly scheduled visitation. Plaintiff would not return Defendant's phone calls and refused to return the children on time and kept them for a two week period, forcing them to miss the first week of football practice. Defendant continues to reside at the same address he has since he moved to Cumberland County in 2001. 14. Denied. On the contrary, the children's best interest would not be served by removing them from Defendant as he has been the primary caretaker for over four years. 15. Denied. On the contrary, Defendant has been the primary caretaker for the children for over four years without concern by Plaintiff. 16. Denied. On the contrary, Defendant has been more than cooperative with Plaintiff until she took the children and refused to return them. Furthermore, Defendant has been -3- Document #240423 the primary caretaker for the past four years and is in a better position to provide for the children's best interests. 17. Denied. On the contrary, Defendant asks that primary custody remain with Defendant and that the request for Defendant to participate in family counseling be denied. Further, that any outstanding custody issues be resolved at a scheduled conciliation conference. WHEREFORE, Defendant, David E. Teats, respectfully requests that this Court enter an Order denying Plaintiff's Motion for Special Relief and granting Defendant primary physical custody of the minor children and scheduling a custody conciliation conference. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By_ ca- - L, Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: ?/- ,5T-- Q? -4- Document #240423 VERIFICATION I, David E. Teats, verify that the statements made in the foregoing Answer to Motion for Special Relief 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. §4904, relating to unworn falsification to authorities. David E. Teats Dated: E a Document #240423 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law fum of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Answer to Motion for Special Relief with reference to the foregoing action by first class mail, prepaid, this k * day of August, 2002, on the following; John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 Andrew C. Spears, Esquire Document#240423 RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3803 DAVID L. TEATS, CIVIL ACTION - LAW Defendant IN CUSTODY ANSWER TO MOTION FOR SPECIAL RELIEF AND NOW, this r?If--aay of August, 2002, comes the Defendant, David E. Teats, by and through his attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and presents the following: Admitted. 2. Denied. David E. Teats is an adult individual who resides at Lot 136, 70 Betty Nelson Trailer Court, Carlisle, Cumberland County, Pennsylvania, 17013. It is specifically denied that Defendant, David E. Teats, has changed his addresses to avoid legal service. Defendant is currently employed with Ovemite Transportation Company located in Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Admitted. 4. Admitted. 5. Denied. On the contrary, there was a Custody Order entered and recorded in Centre County, Pennsylvania on November 21, 1996 and docketed at 96-2636. Currently, undersigned counsel is in the process of securing a copy of this Custody Order and will forward said copy when it is in his possession. 6. Denied. On the contrary, Plaintiff moved to Cumberland County in 2000, but Defendant did not move to Cumberland County until July 2001. Document #240423 7. Denied. On the contrary, Defendant, David E. Teats, has been the primary caretaker for the minor children for the past four years. More specifically, the Custody Order sets out that Plaintiff and Defendant were to have 50150 custody. In October of 1998, Plaintiff, Renee L. Teats, pursuant to a verbal agreement with Defendant, David E. Teats, gave Defendant primary physical custody so that she could move to the State of Indiana. Additionally, throughout the four years, Defendant has gone out of his way to allow the children access to Plaintiff, Renee L. Teats. Additionally, Defendant, David E. Teats, has no caller ID installed on his telephone and has not refused to permit telephone access between Plaintiff and her sons. Plaintiff has never been denied access to her children until she recently took the children and refused to return them to Defendant for approximately a two week period. 8. Denied. Defendant is employed as a third shift dock worker at Ovemite Transportation located in Mechanicsburg, Cumberland County, Pennsylvania. More specifically, the parties do not jointly provide care during Defendant's third shift employment. Defendant makes all the arrangements for the children's day care during his employment. 9. It is admitted that Defendant resides in a trailer park with over 50 residents. It is specifically denied that the two minor children are allowed to roam without restraint. On the contrary, the children are not allowed to play outside the trailer without Defendant's presence. It is specifically denied that the children have committed various acts of vandalism and that they smoke with regularity. It is specifically denied that the children act in a disorderly and obnoxious manner. 10. It is admitted that both minor children attended Plainfield Elementary School. It is specifically denied that both children failed both the first and second grade respectively. On -2- Document #140413 the contrary, it was the joint decision of the School District and Defendant that due to the children's current aptitude, it would be more beneficial for them to remain in the first and second grades for another year. Furthermore, it is specifically denied that the children presented to school in an ill-prepared and indifferent manner. 11. Denied. The averments of paragraph 11 are specifically denied. On the contrary, neither Defendant nor the children's day care providers have observed such behavior. Furthermore, Defendant has discussed this with numerous neighbors and his landlord and they have never observed behavior such as this alleged. 12. Defendant is without knowledge to form answers so the averments of paragraph 12 are specifically denied. 13. Denied. The averments of paragraph 13 are specifically denied. On the contrary, pursuant to a verbal agreement, Plaintiff had the children for a regularly scheduled visitation. Plaintiff would not return Defendant's phone calls and refused to return the children on time and kept them for a two week period, forcing them to miss the first week of football practice. Defendant continues to reside at the same address he has since he moved to Cumberland County in 2001. 14. Denied. On the contrary, the children's best interest would not be served by removing them from Defendant as he has been the primary caretaker for over four years. 15. Denied. On the contrary, Defendant has been the primary caretaker for the children for over four years without concern by Plaintiff. 16. Denied. On the contrary, Defendant has been more than cooperative with Plaintiff until she took the children and refused to return them. Furthermore, Defendant has been -3- Document #240413 the primary caretaker for the past four years and is in a better position to provide for the children's best interests. 17. Denied. On the contrary, Defendant asks that primary custody remain with Defendant and that the request for Defendant to participate in family counseling be denied. Further, that any outstanding custody issues be resolved at a scheduled conciliation conference. WHEREFORE, Defendant, David E. Teats, respectfully requests that this Court enter an Order denying Plaintiff's Motion for Special Relief and granting Defendant primary physical custody of the minor children and scheduling a custody conciliation conference. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By_(? -X Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: 'i- 5-- Q-?- -4- Document 4240423 VERIFICATION I, David E. Teats, verify that the statements made in the foregoing Answer to Motion for Special Relief 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. §4904, relating to unsworn falsification to authorities. David E. Teats Dated: Document 4140413 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Answer to Motion for Special Relief with reference to the foregoing action by first class mail, prepaid, this 1s4 day of August, 2002, on the following: John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 Andrew C. Spears, Esquire Document#240423 >- c l +n Lci? f C:% Li.. v RENEE L. TEATS, V. DAVID L. TEATS, To the Prothonotary: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3803 CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Andrew C. Spears, Esquire, on behalf of the Defendant, David L. Teats, in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: if 1) a Document #: 240424.1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Entry of Appearance with reference to the foregoing action by First Class Mail, postage prepaid, this day of August, 2002, on the following: John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101 Andrew C. Spears, Esquire Document #. 240424.1 cc) 1 d 0. y W cn c)- 0- __ sip C;; o U RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.02-3 803 DAVID E. TEATS, CIVIL ACTION - LAW Defendant IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY AND NOW, this ?f '0 day of August, 2002, comes the Defendant, David E. Teats, by and through his attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and presents the following: 1. Admitted. 2. Admitted. 3. Denied. The above parties are the biological parents of David M. Teats (d.o.b. 5/31/94; s.s.n. 204-74-7011) and Daniel J. Teats (d.o.b. 8/3/95; s.s.n. 175-76-9393). 4. Denied. David M. Teats was born prior to the marriage on May 31, 1994. It is admitted that Daniel J. Teats was born of the marriage. It is admitted that the parties were married on August 24, 1994 in Frederick, Maryland and divorced in Clearfield County. 5. Denied. On the contrary, there was a Custody Order entered in Centre County, Pennsylvania, dated November 14, 1996, entered and recorded on November 21, 1996, and docketed at 1996-2636. More specifically, the Custody Order from Centre County provides that the parties are to have shared physical and legal custody. The former Custody Order is attached as Exhibit "A" and incorporated herein. 6. Denied. On the contrary, Plaintiff moved to Cumberland County in 2000, but Defendant did not move to Cumberland County until July 2001. Document #241046 7. Denied. On the contrary, Defendant, David E. Teats, has been the primary care taker for the minor children for the past four years. More specifically, the Custody Order sets out that Plaintiff and Defendant were to have 50150 custody. In October of 1998, Plaintiff, Renee L. Teats, pursuant to an oral agreement with Defendant, David E. Teats, gave Defendant primary physical custody so that she could move to the State of Indiana. Additionally, throughout the four years, Defendant has gone out of his way to allow the children access to Plaintiff, Renee L. Teats. Plaintiff has never been denied access to her children until she recently took the children and refused to return them to Defendant for approximately a two-week period. 8. Denied. Defendant is employed as a third shift dock worker at Overnite Transportation located in Mechanicsburg, Cumberland County, Pennsylvania. It is admitted that Defendant resides in a trailer park with over 50 residents. It is specifically denied that the two minor children are allowed to roam without restraint. On the contrary, the children are not allowed to play outside the trailer without Defendant's presence. It is specifically denied that the children have committed various acts of vandalism. It is specifically denied that the children acted in a disorderly and obnoxious manner. The allegations regarding inappropriate sexual behavior are specifically denied. On the contrary, neither Defendant nor the children's day care providers have observed such behavior. Furthermore, Defendant has discussed this with numerous neighbors and his landlord and they have never observed any such behavior from any of the children or their peers. 9. Defendant is without knowledge to form answers to the averments of paragraph 9 and they are specifically denied. However, the undersigned spoke with a caseworker from -2- Document 9241046 Cumberland County Children and Youth on August 29, 2002 and was informed that there was no active file nor investigation concerning the children. 10. Admitted. WHEREFORE, Defendant, David E. Teats, respectfully requests that this Court enter an Order denying Plaintiff's Complaint in Custody and giving Defendant primary physical custody of the minor children with Plaintiff mother permitted periods of visitation. COUNTERCLAIM FOR CUSTODY The Plaintiff, Renee L. Teats, is an adult individual who last known address is 9 East Lauman Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. The Defendant, David E. Teats, is an adult individual residing at 70 Betty Nelson Court, Lot 136, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant seeks primary physical custody and shared legal custody of the following minor children: Name Present Address Date of Birth David M. Teats 70 Betty Nelson Court 05/31/94 Carlisle, PA 17013 Daniel J. Teats 70 Betty Nelson Court 08/03/95 Carlisle, PA 17013 Plaintiff and Defendant are the natural parents of the above mentioned minor children. David M. Teats was born out of wedlock; Daniel J. Teats was born in wedlock. -3- Document #241046 The minor children are presently in the custody of Defendant who resides at 70 Betty Nelson Court, Lot 136, Carlisle, Cumberland County, Pennsylvania, 17013. Since birth, the minor child, David M. Teats, has resided with the following persons at the following addresses: Name Address 1JULG David E. Teats 72 W. Louther Street Birth to Renee L. Teats Carlisle, PA 17013 03/1995 Teats David E Burkholder Trailer Park 03/1995 . Renee L. Teats Newville, PA to 08/1996 David E. Teats 407 7L" Street, lsL Floor 08/1996 Renee L. Teats Phillipsburg, PA 16866 to 11/1996 David E. Teats P.O. Box 15 11/1996 Karthaus, PA 16845 to 07/2001 David E. Teats 70 Betty Nelson Court 07/2001 Carlisle, PA 17013 to present Since birth, the minor child, Daniel J. Teats, has resided with the following persons at the following addresses: Name Address Date David E. Teats Burkholder Trailer Park Birth to Renee L. Teats Newville, PA 08/1996 David E. Teats 407 7t' Street, 1st Floor 08/1996 Renee L. Teats Phillipsburg, PA 16866 to 11/1996 David E. Teats P.O. Box 15 11/1996 Karthaus, PA 16845 to 07/2001 David E. Teats 70 Betty Nelson Court 07/2001 Carlisle, PA 17013 to present -4- Document #241046 The mother of the minor children is Plaintiff, Renee L. Teats, who resides at 9 Lauman Street, Mount Holly Springs, Cumberland County, Pennsylvania. The father of the minor children is Defendant, David E. Teats, who currently resides at 70 Betty Nelson Court, Lot 136, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The relationship of Plaintiff to the minor children is that of natural mother. The Plaintiff resides with the following persons: Name Relationship Eric Ginsler Boyfriend Mr. and Mrs. Ginsler Boyfriend's mother and father 5. The relationship of Defendant to the minor children is that of natural father. The Defendant currently resides with the following persons: Name David M. Teats Daniel J. Teats Relationship Son Son 6. There was a prior Custody Order entered into in Centre County, Pennsylvania. The Order gave the parties shared physical custody of the minor children. The Centre County Order is attached as Exhibit "A" and incorporated herein. Defendant has no information of a custody proceeding concerning the minor children pending in a Court of law of this Commonwealth. Defendant does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation with respect to the minor children. -5- Document #241046 7. The best interest and permanent welfare of the minor children will be served by granting the relief requested because: (a) Defendant, David E. Teats, has been the primary caregiver of the minor children since birth; (b) Defendant, David E. Teats, is in a position, both financially and emotionally, to provide stability and custody for the minor children; (c) Defendant is in a position to provide a stable, responsible environment for the raising of the minor children; (d) The best interests of the minor children will best be served by maintaining a relationship with their father; (e) The minor children have resided with Defendant, David E. Teats, for over four (4) years; (fl It is believed, and therefore averred, that Plaintiff, Renee L. Teats, resides with a person who has a record of violent criminal behavior; and (g) It is believed, and therefore averred, that Plaintiff, Renee L. Teats, allows the children to be in the presence of other persons when they are using illegal drugs. 8. Each parent whose parental rights to the minor children have not been terminated and the person who has physical custody of the minor children have been named as parties to this action. -6- Document #241046 WHEREFORE, the Defendant, David E. Teats, requests the Court to grant him primary physical custody and shared legal custody of the minor children with Plaintiff mother permitted periods of visitation. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By -a Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: .9?2916 z -7- Documenl#24/046 Exhibit A 3 FE1.s?t,E,? BY THE COURT: qfre 9 1 4en t iJu!d M -o Cl {?! r- -{;:o )- N _ ;0 C, -- rs7Sn •.t n C7 f _1 C> -' - -. T. CERTIFIED from the records as entered and fl in this Offloe /9y of .D. 20 da ?jw Prothonotary and Cleric of the Court IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID E. TEATS VS RENEE L. TEATS NO. 1996-2636 Custody O R D E R AND NOW, November 14, 1996, upon agreement of the parties, it is ORDERED as follows: 1. Legal custody of David M. Teats and Danielle J. Teats is awarded to their parents,. DAVID E. TREATS and RENEE L. TEATS. 2. Physical custody of said children shall be shared on the following basis: a. Beginning at 12:00 noon November 14, 1996, said children shall be in the physical custody of DAVID E. TEATS. At 9:00 p.m. on November 18, 1996, custody of said children shall be transferred to RENEE L. TEATS. At 9:00 p.m. on November 23, 1996, custody of said children shall be transferred to DAVID E. TEATS. Thereafter physical custody of said children shall be shared on an alternating basis as aforesaid. 3. The parties may amend the described custody agreement by written agreement. 4. The parties will notify each other in the event of a change of residence, address or telephone number and that they do so within forty-eight (48-) hours. VERIFICATION I, David E. Teats, verify that the statements made in the foregoing Answer to Complaint for Custody 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. §4904, relating to unsworn falsification to authorities. David E. Teats Dated: $-Z?-oZ Document#241046 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Answer to Complaint for Custody with reference to the foregoing action by first class mail, prepaid, this 24?day of August, 2002, on the following: John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 C? Andrew C. Spears, Esquire Document #241046 0 z G7 ' ,' iz, _ n Ln r' ' n -.tea 1 . J a7 K SEP E 3 2802 RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3803 CIVIL TERM V. CIVIL ACTION - LAW DAVID L. TEATS, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this 2 'y' day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties Renee L. Teats and David L. Teats, shall have shared legal custody of the minor children, Daniel M. Teats, born May 13, 1994, and David J. Teats, born August 3, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have physical custody for the period from Thursday after school until Sunday at noon each week during the school year. In all other times during the school year, Father shall have custody. 3. Summer. The summer school recess shall be shared by the parents on a week-on week-off arrangement wherein the parent not having custody for that week shall have one (1) overnight during the custodial parent's week. The summer school recess shall commence with Father having the first full week of custody during the summer. 4. Vacation. Each parent shall have one (1) block of eight (8) uninterrupted days which shall run from Saturday to Saturday for the purposes of vacation during the summer school recess. The parties shall provide each other with at least two (2) weeks notice of their intended vacation plans to avoid the circumstance of the children's vacations overlapping or conflicting. 02 SFP 2? ?eF'i tt ? 20 C?tv?pENNS LlANtANV NO. 02-3803 CIVIL TERM 5. Birthdays. The parties shall share time with the children on birthdays and holidays as they may mutually agree. 6. The parent who has physical custody shall be responsible for taking the children to sports practices, games and extracurricular activities when the children are in their custody. However, both parents may attend these events. 7. Transportation. Transportation shall be shared by an arrangement wherein the parent relinquishing custody is responsible for providing the transportation incident to custodial exchanges. 8. This Order was entered pursuant to an agreement reached by the parents of these children. The parties may vary from its terms by their express mutual agreement. However, in the absence of their agreement, the terms of this Order shall control. BY THE COURT: vin A. Hess, J. Dist: John M. Glace, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101-1612 p_ ,2 y-0 Andrew C. Spears, Esquire, PO Box 5300, Harrisburg, PA 17110-0300 SEP 2 2 2002 RENEE L. TEATS, Plaintiff DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NO. 02-3803 CIVIL TERM V. DAVID L. TEATS, Defendant 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 subject of this litigation is as follows: NAME Daniel M. Teats May 13, 1994 David J. Teats August 3, 1995 CIVIL ACTION - LAW Father Father 2. A Custody Conciliation Conference was held on September 17, 2002 with the following individuals in attendance: the Mother, Renee L. Teats, and her counsel, John M. Glace, Esquire; the Father, David L. Teats, and his counsel, Andrew C. Spears, Esquire. 3. The parties reached an agreement in the for Order as attached. Efate IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melissa Peel Greevy, Esquire Custody Conciliator 162968 RENEE L. TEATS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : NO: 02-3803 CIVIL TERM DAVID L. TEATS, : CIVIL ACTION-LAW Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Renee L. Teats, who resides at 7073 Carlisle Pike, Lot 457, Carlisle, PA 17013 2. Petitioner is David L. Teats, who resides at 22 Baltimore Street, Carlisle, PA 17013. 3. The children in question are Daniel J. Teats, age 10, and David M. Teats, age 11. 4. On September 24, 2002, the Honorable Kevin Hess entered a Custody Order (attached as Exhibit "A"). 5. Since the entry of said Order, there has been a significant change in circumstances in that: a. Defendant intends to move his residence and children to Perry County sometime in December. b. Said move will require either a lengthy school commute for the children or a change in school districts altogether. c. Defendant cannot supply adequate sleeping quarters for the children. d. Petitioner has separate bedrooms for each child. e. Defendant does not support, nurture or maintain a household conducive for helping the children with homework. 6. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary Physical Custody vested in Petitioner/Mother subject to partial periods of custody exercised on an every other weekend basis in Father. Date: Wy '/20? p-tm- Respectfully submitted, ROMINNGER, BAYLEY & WHARE Xq? aAA 7 Michael O. Palermo, J ., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date_ Vence L. Teats RENEE L. TEATS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. NO: 02-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION-LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: David Teats 22 Baltimore Street Carlisle, PA 17013 Dated: fJ?.?? (j u? Zoa_?4 Michael O. Palermo, Jr., Esquire Attorney for Petitioner S IR 2 S 2802 RENEE L. TEATS, V. DAVID L. TEATS, HESS, J. --- AND NOW, attached Custody follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant NO. 02-3803 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT this 2 V' day of September, 2002, upon consideration of the Conciliation Summary Report, it is hereby ordered and directed as 1. Legal Custody. The parties Renee L. Teats and David L. Teats, shall have shared legal custody of the minor children, Daniel M. Teats, born May 13, 1994, and David J. Teats, born August 3, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have physical custody for the period from Thursday after school until Sunday at noon each week during the school year. In all other times during the school year, Father shall have custody. 3. Summer. The summer school recess shall be shared by the parents on a week-on week-off arrangement wherein the parent not having custody for that week shall have one (1) overnight during the custodial parent's week. The summer school recess shall commence with Father having the first full week of custody during the summer. 4. Vacation. Each parent shall have one (1) block of eight (8) uninterrupted days which shall run from Saturday to Saturday for the purposes of vacation during the summer school recess. The parties shall provide each other with at least two (2) weeks notice of their intended vacation plans to avoid the circumstance of the children's vacations overlapping or conflicting. &XI-IJAZT "A 0i NO. 02-3803 CIVIL TERM 5. Birthdays. The parties shall share time with the children on birthdays and holidays as they may mutually agree. 6. The parent who has physical custody shall be responsible for taking the children to sports practices, games and extracurricular activities when the children are in their custody. However, both parents may attend these events. 7. Transportation. Transportation shall be shared by an arrangement wherein the parent relinquishing custody is responsible for providing the transportation incident to custodial exchanges. 8. This Order was entered pursuant to an agreement reached by the parents of these children. The parties may vary from its terms by their express mutual agreement. However, in the absence of their agreement, the terms of this Order shall control. BY THE COURT: vin A. Hess, J. Dist: John M. Glace, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101-1612 9..2 y•0L Andrew C. Spears, Esquire, PO Box 5300, Harrisburg, PA 17110-0300 SEP 2 8 2002 RENEE L. TEATS, V. DAVID L. TEATS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant NO. 02-3803 CIVIL TERM 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Daniel M. Teats May 13, 1994 Father David J. Teats August 3, 1995 Father 2. A Custody Conciliation Conference was held on September 17, 2002 with the following individuals in attendance: the Mother, Renee L. Teats, and her counsel, John M. Glace, Esquire; the Father, David L. Teats, and his counsel, Andrew C. Spears, Esquire. 3. The parties reached an agreement in the forrryo€ aq Order as attached. ate Melissa Peel Greevy, Esquire Custody Conciliator 162968 f;l_E?C1>C?rF;CE C: „*!.;07ARY 02 Sf_P 24 tilt I(= 20 CU BERT. dG COUNTY PENNSYLVANIA r? -ro C1 (?[ -- `rl ?-}? ( 1 ?` ? _„ O J (?) r , V ?'. J .. ?,? A , ,, ? .? ?? .., l ?J RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : NO: 02-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION- LAW Defendant IN CUSTODY EMERGENCY PETTITON FOR RELIEF PURSUANT TO PLOWMAN x PLOWMAN AND NOW, comes Petitioner, Renee Teats, by and through her attorney, Michael O. Palermo, Jr., Esquire and in support of the within Emergency Petition avers as follows: Petitioner is Renee L. Teats, who resides at 7073 Carlisle Pike, Lot #57, Carlisle, PA 17013. 2. Defendant is David L. Teats, who resides at 1936 Landisburg Road, Landisburg, Perry County, Pennsylvania. . 3. The minor children in question are Daniel J. Teats, age 10, and David M. Teats, age 11. 4. On September 24, 2002, the Honorable Kevin Hess entered a Custody Order (attached as Exhibit "K'). 5. On or about November 22, 2005 your Petitioner filed a Petition to modify the 2002 Order of the Honorable Kevin A. Hess. 6. A conciliation date has not been sent as of today's date. 7. On or about November 25-27, of 2005 it is believed Defendant moved his residence, along with the belongings of the children to 1936 Landisburg Road, Landisburg, Perry County, Pennsylvania. 8. Your Petitioner attempted to drop off David Teats at Moreland Elementary School in Carlisle, PA on Tuesday, November 29, 2005. 9. David Teats was denied admission, as Father has moved from the jurisdiction of Moreland Elementary. 10. Your Petitioner resides within the confines of the Cumberland Valley School District. 11. The parties to this action enjoy shared legal custody. 12. Your Petitioner was not consulted before said move by Defendant occurred. 13. Said change in residence of Defendant has caused the children in question to be removed mid-semester from school and in the case of David left him without a school to attend at a critical stage in his development. 14. Said unauthorized change in residence of Defendant has also made custody exchanges for Petitioner difficult as her travel time will now be increased in addition to traversing to Perry County during the winter months. 15. Plowman v. Plowman, 409 Pa.Super 143, 597 A.2d 701 (1991), states that a hearing may be held under exigent circumstances within a reasonable time after the custodial parent moves outside the jurisdiction without a mutual agreement or consent of the other party. Plowman, additionally states that the court may utilize its contempt powers to force the custodial parent's compliance. 16. Petitioner avers that the Defendant is in contempt of the 2002 Order of the Honorable Kevin A. Hess. 17. Petitioner avers that the withdraw of the children mid-school year is an exigent circumstance requiring immediate relief. WHEREFORE, Petitioner respectfully requests the Court to Order that the children in question, namely Daniel Teats and David Teats be placed in the primary care of Petitioner/Mother with weekend visitation vested in Defendant/Father and further that the Court utilize it's Contempt powers to force the custodial parent/Defendant's compliance. Respectfully submitted, ROMINGER, BAYYLEYY&& WHARE Michael O. Palermo, Jr., Esquir 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court tD# 93334 Attorney for Plaintiff/Petitioner RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO: 02-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Emergency Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: David Teats 1936 Landisburg Road Landisburg, PA 17040 Michael O. Palermo, Jr., Esquire 2(jotSe Attorney for Petitioner Dated: ?/• VERIFICATION MICHAEL O. PALERMO, JR., ESQUIRE, states that he is the attorney for Renee L. Teats Plaintiff in this action, that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: aQ ?Oar e & ,A . ?qa Michael O. Palermo, Jr., Esquire Attorney for Plaintiff d 4 •... ? 1 A • ? `? .'?jr-" ?i?. .-. ti ?l ??} _y^' -t l -i `., v NOV 2 9 2005, P RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO: 02-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 41" day of 2a e,'J& ? 2005, a hearing is hereby scheduled for the within Petition on the day of 2005 at o'clock m. in Courtroom #-Y-, of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Distribution: M.O. Palermo, Jr., Esquire 1 David Teats, Defendant ?7rL[o7 /) -j -6y 0_41 ? ?'? of \! 'e,i ? _ :v ?'i .^ y n e? .. ?? RENEE L. TEATS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID L. TEATS DEFENDANT 02-3803 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 01, 2005 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, January 13, 2006 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary, or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. ll'' 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 cowl, 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 ,? > ?? ??? ??« ?????? ?? ? ??. S t°f S?. s-?i S?7:s t°,i =:? ,,, . s RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DAVID L. TEATS, NO. 02-3803 CIVIL TERM Defendant IN CUSTODY IN RE: EMERGENCY PETITION FOR RELIEF PURSUANT TO PLOWMAN V. PLOWMAN ORDER OF COURT AND NOW, this 9th day of December, 2005, this matter having been called for hearing, the defendant having failed to appear, and it appearing that the defendant, natural father, has moved the children and changed their schooling with no prior notice to the plaintiff and no application to the court, primary physical custody of the children, Daniel J. Teats and David M. Teats, is awarded to the plaintiff herein, Renee L. Teats, effective immediately. This order shall be deemed temporary and without prejudice to the defendant to defend the pending petition of the plaintiff to modify custody. Further, it is anticipated that the pending motion to modify custody will be dealt with first at conciliation before Melissa P. Greevy, Esquire, which conciliation is currently scheduled for Friday, January 13, 2006. Counsel fees and costs are awarded against the defendant and in favor of the plaintiff in the amount of $175.00. By the Court, Hess, J .? , 1 ?•? ,: TEATS V TEATS 02-3803 CIVIL TERM Michael 0. Palermo, Jr., Esquire For the Plaintiff i Mr. David Teats 1936 Landisburg Road I Landisburg, PA 17040 h- a'j",,j .bg n; ZJUb RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3803 CIVIL TERM V. CIVIL ACTION - LAW DAVID L. TEATS, IN CUSTODY Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this ZS' day of January, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: The physical custody portion of this Court's Order of December 9, 2005 is vacated and replaced with the following: 1. Legal Custody. The parents, Renee L. Teats and David L. Teats, shall have shared legal custody of the minor children, Daniel J. Teats, born August 3, 1995, and David M. Teats, born May 13, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parenting schedule for these children shall temporarily be arranged as follows: A. Father shall have custody each weekend from after school until Sunday at 5:00 p.m. B. Father shall also have custody on Tuesdays and Thursdays from after school until 8:00 p.m. Additionally, Father may take the children to breakfast in the morning before they go to school, upon reasonable notice to Mother. C. Except as provided in Paragraph 26, Mother shall have custody from Sunday evening each week at 5:00 p.m. until the children go to school on Friday morning. z NO. 02-3803 CIVIL TERM D. The children shall continue to be enrolled in the Cumberland Valley School District pending further Order of Court or an agreement of the parties. 3. The Custody Conciliation Conference shall reconvene on February 24, 2006, at 11:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. BY THE COURT: 7XI - I ?/' A. Hess, J. Dist: is 0. Palermo, Esquire, 155 South Hanover Street, Carlisle, PA 17013 chael A. Scherer, Esquire, 19 West South Street, Carlisle, PA 17013 1 1 ,., ' ,: _ ;: _; Ifni ??. ": LGOb RENEE L. TEATS, IN THE COURT OF COMLN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3803 CIVIL TERM V. CIVIL ACTION - LAW DAVID L. TEATS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Daniel J. Teats David M. Teats August 3, 1995 May 13, 1994 Mother Mother 2. Mother filed the Petition to Modify Custody on November 22, 2005. A Custody Conciliation Conference was scheduled on January 13, 2006 with the following individuals in attendance: the Mother, Renee L. Teats, and her counsel, Michael O. Palermo, Esquire; the Father, David L. Teats and his counsel, Michael A. Scherer, Esquire. 3. The parties reached an agreement as to a temporary Order. Because Mother is presently unemployed but interviewing for employment and Father is expecting the possibility of having his work hours significantly changed in the next several weeks, the parties agreed that the custody conciliation would reconvene February 24, 2006 at 11:00 a.m. 1 Date :266865 R J RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3803 CIVIL TERM V. CIVIL ACTION - LAW DAVID L. TEATS, IN CUSTODY Defendant HESS. J. --- ORDER OF COURT AND NOW, this G ` day of March, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: The physical custody portion of this Court's Order of January 25, 2006 is vacated and replaced with the following: 1. Legal Custody. The parents, Renee L. Teats and David L. Teats, shall have shared legal custody of the minor children, Daniel J. Teats, born August 3, 1995, and David M. Teats, born May 13, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parenting schedule for these children shall be arranged as follows: A. Effective February 24, 2006, Father shall have custody on alternating weekends from Friday after work until Monday morning, during the school year. B. Effective March 3, 2006, Mother shall have custody on alternating weekends from Friday until Saturday at 5:00 p.m. Mother shall provide the transportation to Father at the end of her custodial visit. Father shall then have custody from Saturday at 5:00 p.m. until the following Monday morning when the children are returned to school. ?,,:, _, ,r .,,. ,:,,, -?, „ _, T \ 1 NO. 02-3803 CIVIL TERM C. When Father does not have custody, Mother shall have custody. D. In the event that Father has a day off during the school week, he shall have custody one night during the week, overnight, until he returns the children to school the following morning. 3. Summer - Mother shall have custody for the first two weeks in July and the last two weeks in August before school begins. The remainder of the summer school recess, the children shall be in the custody of Father. 4. The children shall continue to be enrolled in the Cumberland Valley School District pending further Order of Court or an agreement of the parties. 5. Holidays. The following holiday schedule shall supersede the regular schedule. A. The parties shall share equally with each other the Christmas/Winter school recess and the Thanksgiving break. B. Father shall have custody for the Monday school holidays. BY THE COURT: A. Hess, J. Dist: Michael 0. Palermo, Esquire, 155 South Hanover street, Carlisle, PA 17013 Michael A. Scherer, Esquire, 19 West South Street, Carlisle, PA 17013 116 RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3803 CIVIL TERM V. CIVIL ACTION - LAW DAVID L. TEATS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Daniel J. Teats David M. Teats August 3, 1995 May 13, 1994 Mother Mother 2. The parties were seen for a return Custody Conciliation Conference on February 24, 2006. In attendance were the Mother, Renee L. Teats, and her counsel, Michael O. Palermo, Esquire; the Father, David L. Teats and his counsel, Michael A. Scherer, Esquire. 3. The parties reached an agreement in ??do ? Date form of tprder as attached. Melissa Peel Greevy, Esqui Custody Conciliator :269929 RENEE L. TEATS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :NO: 02-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, Renee Teats, by and through her attorney, Michael O. Palermo, Jr., Esquire and in support of the within PETITION TO MODIFY CUSTODY avers as follows: 1. Petitioner is Renee L. Teats, who resides at 7073 Carlisle Pike, Lot #57, Carlisle, PA 17013. 2. Defendant is David L. Teats, who resides at 1974 Fry Loop Avenue, Carlisle, Pennsylvania, 17013. 3. The children in question are Daniel J. Teats, age 12, and David M. Teats, age 13. 4. On September 24, 2002, the Honorable Kevin Hess entered the original Custody Order. 5. On or about November 22, 2005 your Petitioner filed a Petition to Modify the 2002 Order of the Honorable Judge Hess. Said Order was amended on March 6, 2006 to permit father every other weekend until Monday morning during the school year and the majority of the children's summer vacation. Said Order is attached hereto as "Petitioner's Exhibit A ". 6. Pursuant to Cumberland County Local Rule 208.3(a)(2) the before mentioned Orders are the only known rulings on this docket. 7. Respondent is believed to reside with his paramour in her marital residence. 8. Said residence is believed to be for sale as part of equitable distribution. 9. Per the current Order, Defendant is to exercise custody of the children for a large portion of the summer months to commence two weeks after the school year ends [sometime in late June]. 10. Mother has concerns that if and when the home is sold the children may be forced to live in a motel as had occurred on previous occasions. 11. Mother requests a conciliation conference to amend the current Order to allow Mother to exercise custody of the children should father not maintain a steady residence and or in the event Father moves into a Motel. 12. Pursuant to Cumberland CoLmZ Local Rule 208.3(a)(9) undersigned counsel was unable to contact Defendant, however, due to the relief sought, it is assumed Defendant is opposed to the same. WHEREFORE, Petitioner respectfully requests the Court to Order that the children in question be placed in the primary care of Petitioner/Mother with Father's weekend visitation being reduced to daytime visitation without overnights in the event father cannot maintain a stable home environment or in the alternative refer this matter to the Custody Conciliator. Respectfully submitted, ROMINGER & ASSOCIATES IA- "POL?,.XL- Michael O. Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Plaintiff/Petitioner RENEE L. TEATS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. NO: 02-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within PETITION TO MODIFY upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: David Teats 1974 Fry Loop Avenue Carlisle, Pennsylvania 17013 Dated: -1494 UP98 Michael O. Palermo, Jr., Esquire Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: Renee L. Teats T L ?. Y RENEE L. TEATS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3803 CIVIL TERM V. DAVID L. TEATS, Defendant HESS, J. --- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this G ` day of March, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: The physical custody portion of this Court's Order of January 25, 2006 is vacated and replaced with the following: 1. Legal Custody. The parents, Renee L. Teats and David L. Teats, shall have shared legal custody of the minor children, Daniel J. Teats, born August 3, 1995, and David M. Teats, born May 13, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parenting schedule for these children shall be arranged as follows: A. Effective February 24, 2006, Father shall have custody on alternating weekends from Friday after work until Monday morning, during the school year. B. Effective March 3, 2006, Mother shall have custody on alternating weekends from Friday until Saturday at 5:00 p.m. Mother shall provide the transportation to Father at the end of her custodial visit. Father shall then have custody from Saturday at 5:00 p.m. until the following Monday morning when the children are returned to school. a PETITIONER'S W EXHIBIT ? 4 NO. 02-3803 CIVIL TERM C. When Father does not have custody, Mother shall have custody. D. In the event that Father has a day off during the school week, he shall have custody one night during the week, overnight, until he returns the children to school the following morning. 3. Summer - Mother shall have custody for the first two weeks in July and the last two weeks in August before school begins. The remainder of the summer school recess, the children shall be in the custody of Father. 4. The children shall continue to be enrolled in the Cumberland Valley School District pending further Order of Court or an agreement of the parties. 5. Holidays. The following holiday schedule shall supersede the regular schedule. A. The parties shall share equally with each other the ChristmasMinter school recess and the Thanksgiving break. B. Father shall have custody for the Monday school holidays. BY THE COURT: -"(( , , A, K in A. Hess, J. Dist: Michael 0. Palermo, Esquire, 155 South Hanover Atreet, Carlisle, PA 17013 Michael A. Scherer, Esquire, 19 West South Street, Carlisle, PA 17013 7-C ( / 0 ? o 4 _ (77) RENEE L. TEATS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID L. TEATS DFFENDANT 2002-3803 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 23, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A40 _0 bo t RENEE L. TEATS, Plaintiff V DAVID E. TEATS, Defendant WN A 42008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3803 IN CUSTODY COURT ORDER AND NOW, this y` day of June, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of March 6, 2006, shall remain in place subject to the following modification: A. In the event father receives any information or makes any decision that he will relocate from his current location to another home, he shall notify mother immediately with respect to those plans. B. If there are any emergency issues that need to be addressed, the parties or legal counsel for the parties may contact the Conciliator directly to have another Custody Conciliation Conference scheduled. BY THE COURT, -? W X-04 Kevi A. Hess, Judge .Z.- cc: ichael O. Palermo Jr. Esquire Mr. David E. "beats C 'ES' mat Ld- VINVAIASt W m.Nnoo om,- j E 1:9 NV S- WIN MV1,02- ?Qw 4 RENEE L. TEATS, Plaintiff V DAVID E. TEATS, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3803 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: David M. Teats, born May 31, 1994 Daniel J. Teats, born August 3, 1995 2. A Conciliation Conference was held on May 29, 2008, with the following individuals in attendance: The mother, Renee L. Teats, with her counsel, Michael O. Palermo, Jr., Esquire, and the father, David L. Teats, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: June 2008 -? Hubert X. G' roy, Esquire Custody C nciliator :v "a 4 2000 RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DAVID E. TEATS, NO. 2002-3803 Defendant IN CUSTODY COURT ORDER AND NOW, this Z 9 ` day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's Orders of March 6, 2006, and June 4, 2008, shall remain in place. If either party desires to modify those Orders, that party may petition the Court to have the case again scheduled with the Custody Conciliator. BY THE COURT, 1?14 Kevin A/ Hess, Judge cc ael O. Palermo, Jr., Esquire r. David E. Teats 4 z " 4i.. CI t,L cam ;'. RENEE L. TEATS, Plaintiff V DAVID E. TEATS, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2002-3803 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: David M. Teats, born May 31, 1994 Daniel J. Teats, born August 3, 1995 2. A Conciliation Conference was held on December 17, 2008, with the following individuals in attendance: The mother, Renee L. Teats, with her counsel, Michael O. Palermo, Jr., Esquire, and the father, David L. Teats, who appeared without counsel. 3. The existing Order provides Father with one evening a week if he is off work plus every weekend. Mother is asking Father to step up to the plate and assume half of the Tuesday evenings when the children are required to attend counseling in Mechanicsburg. Father is suggesting he may seek primary physical custody for a variety reasons. The Father is unwilling to commit to transporting the children or seeing the children for reasons because of licensing, availability of a vehicle, and some conflict with respect to his girlfriend having an obligation for Tuesday evening. The parties are unable to reach an agreement. However, there is really nothing to address at a hearing in this case so the Conciliator is of the position that no changes need to be made on the Order. 4. If the Father desires to seek primary physical custody, he needs to file a petition raising that issue which could be scheduled again before the Conciliator and the Court. Date: December (6 , 2008 Hubert X. G' roy, Esquire Custody C nciliator RENEE L. TEATS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2002-3803 DAVID E. TEATS, Defendant IN CUSTODY PETITIQN TO MODIFY CUSTODY AND NOW, comes David E. Teats, by and through his counsel, Michael J. Whare, Esquire and in support of his Petition to Modify Custody avers as follows: 1. Petitioner is David E. Teats, hereinafter referred to as "Father". 2. Respondent is Renee L. Teats, hereinafter referred to as "Mother". 3. The parties are the parents of David M. Teats, born May 31, 1994 and Daniel J. Teats, born August 3, 1995, hereinafter referred to as "Children". 4. The Honorable Kevin A. Hess entered Custody Orders in regards to the above captioned case on March 6, 2006 and June 4, 2008. On December 29, 2008, the Honorable Kevin A. Hess entered an Order indicating that the two previous Orders shall remain in place. (Attached as Exhibit A) 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Cumberland County Children and Youth Services are currently investigating child abuse allegations concerning one of the Children as a result of Mother and Mother's boyfriend altercation with the Children. b) Mother is not following through with making sure that the Children attend their counseling sessions. c) The Children's grades in school are suffering as a result of the unstable living environment in Mother's household. d) Father is best able to provide a safe and stable environment for the Children. e) The Children have expressed a desire to live with their Father. 6. The best interest of the Child will be served by the Court modifying said Order and granting Father primary physical custody. WHEREFORE, Petitioner respectfully requests this Honorable Court grant his Petition to Modify Custody. Respectfully submitted, Date: -a 0 Michael I Whare, E ire 37 East Pomfret Stredt Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff RENEE L. TEATS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 2002-3803 DAVID E. TEATS, Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. Date:-/--?o - a S David E. Teats, Petitioner DEC 2 2008 RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DAVID E. TEATS, NO. 2002-3803 Defendant IN CUSTODY COURT ORDER AND NOW, this _j"day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's Orders of March 6, 2006, and June 4, 2008, shall remain in place. If either party desires to modify those Orders, that party may petition the Court to have the case again scheduled with the Custody Conciliator. BY THE COURT, L5, n . 0) Kevin . Hess, Judge cc: Michael O. Palermo, Jr., Esquire Mr. David E. Teats In -a jn,c _%,." my hand and a of said -jr, a L le, Pa. ... olof.... 64 ? W Nl? ?? ,,,. LAj RENEE L. TEATS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-3803 CIVIL ACTION LAW DAVID E. TEATS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 05, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 20, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq 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 informao.yp about accessible facilities and reasonable accommodations available to disabled individuals havmg'busmess 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 _s ,k4'N i #' 'i??1 , 3f t ! 61 ? - 833 669Z X13,01i r v. RENEE L. TEATS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA NO: 02-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION -LAW Defendant IN CUSTODY ANSWER TO DEFENDANT-FATHER'S PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, Renee Teats, by and through her attorney, Michael 0. Palermo, Jr., Esquire and provides the following Answer to Plaintiff's Petition to Modify Custody: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. (a). Denied as stated. It is admitted that Cumberland County Children & Youth are conducting an Investigation, however the investigation stems from a physical altercation between Father/Petitioner and Mother's fiance. After reasonable investigation, Mother believes the result of this investigation will reveal an "unfounded" disposition and expects to have confirmation of the same in the coming weeks. (b). Denied as stated. The children have missed appointments due to weather and scheduling issues. By way of further answer, Mother sought Father's help in transporting the children to their therapy sessions to which father declined and stated something to the effect that "it was not required e by the Order". (c). Denied and strict proof of the same is demanded at trial. (d). Denied and strict proof of the same is demanded at trial. (e). Denied. By way of further answer, assuming one or both of the children have expressed a desire to live with father [which is specifically denied] the same would have only been expressed after father made numerous promises to the child(ren) in addition to father placing undue pressure upon the children to live with Father. 6. Denied and strict proof of the same is demanded at trial of this matter. WHEREFORE, Petitioner respectfully requests the Court to Order that the children in question be placed in the primary care of Petitioner and Father's Petition to Modify be Denied. Respectfully submitted, ROMING ASSOCIATES Michael 0. Palerm , Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Plaintiff/Petitioner RENEE L. TEATS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA : NO: 02-3803 CIVIL TERM DAVID L. TEATS, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael 0. Palermo, Jr., Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within ANSWER upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael J. Whare, Esquire 37 E. Pomfret Street Carlisle, Pennsylvania 17013 Counsel to David Teats Respectfully submitted, a I4 a? R9;= SOCIATES a - - 1u%;l v. raici IIIU\f., tsquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Plaintiff/Petitioner VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: 3 Renee L. Teats h? O +r:'7 r Ci7 r-t ; Tr C K) 3 C'7 -zy s RENEE L. TEATS, Plaintiff V. DAVID L? TEATS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 02-3803 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Petitioner, Renee Teats, by and through her attorney, Michael O. Palermo, J ., Esquire and in support of the within PETITION FOR EMERGENCY RELIEF avers as tollows: 1. Pet tioner is Renee L. Teats, who resides at 7073 Carlisle Pike, Lot #57, Carlisle, PA 17013. 2. Def?ndant is David L. Teats, whose last known address was 1974 Fry Loop Avenue, Carlisle, P sylvania, 17013. 3. The children in question are Daniel J. Teats, age 12, and David M. Teats, age 13. 4. On 'September 24, 2002, the Honorable Kevin Hess entered the original Custody Order. 5. On r about November 22, 2005 your Petitioner filed a Petition to Modem the 2002 Order of the Hono able Judge Hess. Said Order was amended on March 6, 2006 to permit father every other weekend until Monday morning during the school year and the majority of the children's summer vac tion. Said Order is attached hereto as "Petitioner's Exhibit A ". The Honorable Kevin A. Hess entered additional Orders on June 4, 2008 and December 29, 2008 in regards to this matter. Said Order's are attached hereto as Petitioner's Exhibit B & C. 6. Pursuant to Cumberland County Local Rule 2083(a)(2) the before mentioned Orders are the only flown rulings on this docket. 7. Reopondent is engaged in a relationship and purportedly resides with a married woman known to etitioner only as "Charmaigne". 8. Re pondent and Charmaigne's husband, known only to Petitioner as "Doug", recently engaged i a fight where the North Middleton Police responded and it is believed to have resulted in criminal charges. 9. Re pondent is routinely [approximately every two (2) weeks] "kicked out" of Charmaign 's residence as her husband "Doug" moves back in. 10. D ng these reconciliation periods, Charmaigne has called Petitioner to "come get her [explicativ ] kids out of my house". 11. It isl believed that during these periods Father lives with friends or in a hotel. 12. Mo?her requests to amend the current Order to allow Mother to exercise custody of the children un it a time when Father can independently maintain a stable residence. 13. Res ndent is represented by Attorney Michael J. Whare. Pursuant to Cumberland Coun Loc Rule 208.3(a)(9) Attorney Whare does not concur with the relief sought herein. WPEREFORE, Petitioner respectfully requests the Court to Order that the children in question bie placed in the primary care of Petitioner/Mother with Father's periods of partial custody b ing reduced to daytime visitation without overnights until father can independently maintain stable home environment. Date: Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, r Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Plaintiff/Petitioner RENEE L. TEATS, Plaintiff V. DAVID 1 I, day IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 02-3803 CIVIL TERM TEATS, CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE 0. Palermo, Jr., Esquire, attorney for Petitioner do hereby certify that I this a copy of the within PETITION FOR SPECIAL RELIEF upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as Michael J. Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., HkA 155 S. Hanover Street v Carlisle, PA 17013 (717) 241-6070 Supreme Court ID# 93334 Attorney for Plaintiff/Petitioner 1 f. y RENEE L.ITEATS, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3803 CIVIL TERM V. CIVIL ACTION - LAW DAVID L. EATS, IN CUSTODY Defendant HESS, J. - - ORDER OF COURT AN NOW, this G ` day of March, 2006, upon consideration of the attached Custody C nciliation Summary Report, it is hereby ordered and directed as follows: The physical Cu tody portion of this Court's Order of January 25, 2006 is vacated and replaced with the foll winq: 1. Legal Custody. The parents, Renee L. Teats and David L. Teats, shall have shared leg I custody of he minor children, Daniel J. Teats, born August 3, 1995, and David M. Teats, b rn May 1994. Each parent shall have an equal right, to be exercised jointly with the of er parent, to make all major non-emergency decisions affecting the children's general 1-being including, but not limited to, all decisions regarding their health, education d religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to a I records and information pertaining to the children including, but not limited to, medical, de tat, religious or school records, the residence address of the children and of the other paren . To the extent one parent has possession of any such records or information, that parent hall be required to share the same, or copies thereof, with the other parent within such easonable time as to make the records and information of reasonable use to the other oa nt. 2. Physical Custody. The parenting schedule for these children shall be arranged as oolows: A. Effective February 24, 2006, Father shall have custody on alternating weekends from Friday after work until Monday morning, during the school year. B. Effective March 3, 2006, Mother shall have custody on alternating weekends from Friday until Saturday at 5:00 p.m. Mother shall provide the transportation to Father at the end of her custodial visit. Father shall then have custody from Saturday at 5:00 p.m. until the following Monday morning when the children are returned to school. PETITIONER'S EXHIBIT it A A I. . IL NO. 02-3803 CIVIL TERM C. When Father does not have custody, Mother shall have custody. D. In the event that Father has a day off during the school week, he shall have custody one night during the week, overnight, until he returns the children to school the following morning. 3. Summer - Mother shall have custody for the first two weeks in July and the last two w eks in August before school begins. The remainder of the summer school recess, the children shall be in the custody of Father. 4. The children shall continue to be enrolled in the Cumberland Valley School District pending further Order of Court or an agreement of the parties. 5. Holidays. The following holiday schedule shall supersede the regular schedule. A. The parties shall share equally with each other the ChristmasNVinter school recess and the Thanksgiving break. B. Father shall have custody for the Monday school holidays. BY THE COURT: :tt, in A. Hess, J. Dist: Michael 0. Palermo, Esquire, 155 South Hanover a rlisle, PA 17013 Michael A. Scherer, Esquire, 19 West South Street, Carlisle, PA 17013 r ? "r IZENIT, I.. 11:A I S. IN f[ 11: COUR l' OFCONINION PH'AS OF Pl?iintill' C'L ti1l3l:RI .AND COON I'Y. PENN'SYI.V \N11;1 I)AVII) I":.`l l 1 S. No. 2002-380, Defendant IN Ct'S fODY C'OLiRT ORDER AND NOW, this day of June, 2008, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed that this Court's prior Order of March 6. 2006, shall remain in place subject to the following, modification: A. In the event lather receives any information or makes any decision that he will relocate from his current location to another home, he shall notifv mother immediately with respect to those plans. B. If there are any emergency issues that need to be addressed, the parties or legal counsel for the parties may contact the Conciliator directly to have another Custody Conciliation Conference scheduled. BY Tf II: COURT, 1k,'A-..' ; dg? Kevin A. I less, Judge cc: Mich?icl o. Palermo. Jr.. I'.sgUlre 101 I ax iii F. Feats s Vii', ''?t fi???1?a3FV . , '-Ax 4 ,?"-C/ % /r RF\I' 1 I.. IT'A I S. I'laintiff? V DAVID 1. ?1FATS. Defendant Prior.ludgck The I lonorable Kevin A. 1 less IN I'l II COI.'RT 01: COM M0 N 111.F.AS O1: (JAI BFRI.AN 1) COL N I Y. PI:N\S?'l.\ \\I:\ CIVIL ACTION - LAW NO. 2002-3803 IN CUSTODY CONCILIATION CONVERT NCE SUMMARY RFPORT IN ACCOIJDANCE WI C11 l HE CUMBF.RLAND COUNTY CIVIL RU TL OIPROCI:DUR1-. 191 53-8(b. the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: David M. Teats, born May 31, 1994 Daniel J. "feats, born August 3, 199 ?. A Conciliation Conference was held on May 29, 2008, with the following individuals in The mother, Renee L. Teats. with her counsel, Michael O. Palermo. Jr.. E:squire• and the father, David L. Teats. who appeared without counsel. 3. 1'he Oarties agree to the entry of an Order in the lorm as attached. D Mk: : I une ?-4 ?U08 I lubert X. (;"{roy. Fs?luire -------- Custoddy Conciliator RENEE L. TEATS, Plaintiff V DAVID E.1 TEATS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002-3803 IN CUSTODY COURT ORDER A NOW, this day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's Orders of March 6, 2006, and June 4, 2008, shall remain in place. If either party desires to modify those Order th t petition cc: Micl Mr.1 s, a party may Court to have the case again scheduled with the Custody Conciliator. 0. Palermo, Jr., Esquire d E. Teats BY THE COURT, 15 . Kevin Hess, Judge 7?kj 1! f Tessa ,zc £°c ` Mv hand e- 11 Carlisla., P m .... da o#.. . .L'.....,, V, i RENEE L. TEATS, Plaintiff V DAVID E. EATS, Defendant Prior J The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3803 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT PR ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF RE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: IN The pertinent information pertaining to the children who are the subject of this litigation is a? follows: David M. Teats, born May 31, 1994 Daniel J. Teats, born August 3, 1995 2. A iliation Conference was held on December 17, 2008, with the following als in attendance: The mother, Renee L. Teats, with her counsel, Michael O. Palermo, Jr., Esquire, and the father, David L. Teats, who appeared without counsel. 3. The existing Order provides Father with one evenin a week if h ' Al k 1 is g e is o vvor p us every end. Mother is asking Father to step up to the plate and assume half of the Tuesday i ngs when the children are required to attend counseling in Mechanicsburg. Father gesting he may seek primary physical custody for a variety reasons. The Father is i ling to commit to transporting the children or seeing the children for reasons use of licensing, availability of a vehicle, and some conflict with respect to his j 1 girlfriend having an obligation for Tuesday evening. The parties are unable to reach an agreement. However, there is really nothing to address at a hearing in this case so the Conciliator is of the position that no changes need to be made on the Order. iary physical custody, he needs to file a petition raising Eled again before the Conciliator and the Court. Hubert X. G' roy, Esquire Custody C nciliator Ti .: _I Uv L' I'D h ,', 3 c n^, L'I'D f F '3; J! *10.00 PO ATTY O St l;5 j aasq RTII RENEE L. TEATS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-3803 CIVIL ACTION LAW DAVID L. TEATS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 02, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 26, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? ilx JUN 3 p ZUUy(I% RENEE L. TEATS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DAVID E. TEATS, NO. 2002-3803 Defendant IN CUSTODY COURT ORDER NOW, this day of2009, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the 16-4 day of ef 9&4g, , 2009 at 1,0.,0 a.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the prior orders of court issued in this case shall continue to be in effect subject to the following modifications: A. The father's girlfriend shall have no communication with the mother in any way, shape or form with respect all matters between the parties and the custody issues. B. In the event the father is no longer with his girlfriend at the current address where he is living, father must notify the mother immediately and provide mother custody of the minor children in the event father does not have a stable home to live in. C. It is contemplated that when mother gets primary custody back at the end of the summer father will start to enjoy one evening of custody per week, which shall be an overnight on Wednesday unless agreed otherwise between the parties. K 3. In the event legal counsel for the parties feel that another conciliation conference would aid in resolution of this case prior to the hearing scheduled above, legal counsel may contact the Conciliator directly to schedule such a conference. BY THE COURT, I dt' in A. Hess dge cc: 'chael O. Palermo, Jr., Esquire ?Michael J. Whare, Esquire lop I ?- S r-m? 1Lr'L RENEE L. TEATS, Plaintiff V DAVID E. TEATS, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3803 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: David M. Teats, born May 31, 1994, and Daniel J. Teats, born August 3, 1995 2. A Conciliation Conference was held on June 26, 2009, with the following individuals in attendance: The mother, Renee L. Teats, with her counsel, Michael O. Palermo, Jr., Esquire, and the father, David L. Teats, who appeared with his counsel, Michael J. Whare, Esquire. 3. There are multiple petitions pending before the Court. The father petitioned to seek primary custody. The mother filed a petition for special relief seeking to modify the existing order to limit father's custody because of a variety of issues. An agreement could not be reached at the Custody Conciliation Conference and the Conciliator recommends an order in the form as attached. Date: June 2009 ??w 41 Hubert X. Gil y, Esquire Custody Ca ciliator BLEC-CIrRC;E OF THE PRO H: '?:101T?RY 2009 JUL -Z PH 3: 10