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6. The natural mother of the <:bild is DEBORAH C. ANTONETTI who resides al
4610 Cbeaut Avenue. Camp Hil~ Cumberland County, Pennsylvania 17011.
7. Plaintiff and Defendant were nover married,
8, The natural father of the cbild is BRIAN R. FLEEK wbo resides at 17 Blue Rock
Road, Millersville, Pennsylvania 17 ~, I,
9, Plaintiff has no information of Il custody pro<:eeding con<:eming the child pending
in another court of this Commonwealth.
10. . The relationship of the Plaintifflo the chill is that of Mother.
I\. Plaintiff bas not parti<:ipaled as a party, witt.;.ss or in any other capacity in other
6tigation concerning the custody of the cbild in this or any Othlii court of this Commonwealth.
12, Plaintiff does nOllmow ofa person not a party 10 the proceedings wbo bas
pbysi<:aJ custody of the <:hiId or claims to bave custody or visitation righls with respellt 10 the
<:bild.
13. The best interest and permanent welfare of the <:bild will be served by granting the
relief requested be<:ause:
(a> The Plaintiffbas provided for the care, supervision, and nurturing of the
<:bi1d since his birth on February 3, 1996,
(b) The Plainliff is living with ber parents in a four bedroom bouse where the
<:bi1d b8ll his own room/nursery,
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adj'Jsting th~ sch~dul~ so thatth~ Child is not travding long dislanc~s ~ach day
b~tw~~n th~ Fath~r's r~sid~nc~ and socc~r practic~. Th~ parti~s shall cllllp~rate in
establishing the summer custody sch~dul~ in 2007 and suhs~ljll~nt y~ars in
accordance with th~ fram~work ~slablish~d lor 200(,.
C. (n 2006, Ihe Father shall have an lInilllerrllpt~d vacation period of custody with the
Child from August 18 al 3:30 p.m. through August 26 in the ~v'~ning. The parti~s
agree that the Child will not be allending soccer activiti~s during th~ Father's
vacation. For purpos~s of the exchange ofcllstody immcdiately prec~ding th..:
Father's vacation w~~k, Ihe Moth~r shall retain custody of th~ Child through
Augllst 18 at 3:30 p.m. The Mother shall hav..: custody of the Child from August 26
through the beginning ()f school.
4. The parties shall share having custody ofth..: Child on holidays as tallows:
A. Christmas: [n odd numher~d years, the Mother shall hav~ custody of the Child from
the last day of school belore th~ Christmas holiday break through Christmas Day at
2:00 p.m., th~ Father shall have custody from Christmas Day at 2:00 p.m. through
December 29 at 7:00 p.m" and the Mother shall have custody from Decemb~r 29 at
7:00 p.m. through the beginning of school following the holiday break. (n even
numbered years, the Father shall have custody of the Child from the last day of
school before the holiday break at 3:30 p.m. through Christmas Day at 2:00 p.m.,
the Mother shall have custody from Christmas Day at 2:00 p.m. through
December 29 at 7:00 p.m., and the Father shall have custody from D~cember 29 at
7:00 p.m. through the evening before school resumes at 6:00 p.m.
B. Thanksgiving: The Thanksgiving holiday period of custody shall run from the
Wednesday before Thanksgiving at 7:00 p.m. through the Sunday following
Thanksgiving at 6:00 p.m. The Mother shall halle custody of the Child for the
Thanksgiving holiday in even numbered years and the Father shall have custody in
odd numbered years. The Mother shall have custody of tho Child every year on the
Monday following Thanksgiving for the first day of hunting season.
C. Easter: (n even numbered years, the Father shall have custody of the Child from the
last day of school before the Easter break at3:30 p.m. through the Saturday belore
Easter at 6:00 p.m, and the Mother shall have custody from Saturday at 6:00 p.m.
through the beginning of schoollollowing the Easter break. [n odd numbered years,
the Mother shall have custody of the Child from the last day of school before the
Easter break through the Saturday before Easter at 6:00 p.m. and the Father shall
have custody from Saturday at 6:00 p.m. through the Monday aller Easter at
6:00 p.m.
D. Memorial Day/I.ldependence Dav/Labor Dav: The holiday period of custody on
Memorial Day and Labor Day shall run from 9:00 a.m. until 6:00 p.m. The holiday
period of custody lor Ind~pendence Day shall run from 9:00 a.m. on July 41h through
9:00 a.m. on July 511'. In even numbered years, the Mother shall have custody of the
Child tor M~morial Day and l.abor Day and th~ Fath~r shall have custody tor
[ndep~nd~nce Day. In odd nUlllbt:r~d years, the Fath~r shall hav~ cllstudy of tht:
Child lor M~l1Iorial Day and Lahor Day and the Motht:r shall haH cushl\ly lor
[ndepend~nce Day.
E. MQth~r'j Day/Father's Day: In ~v~ry ycar.lht: Mother shall hav~ custudy of the
Child on Mother's Day and th~ Fath~r sh.11I hav~ ~ustody of the Child un Fath~r's
Day from 10:00 a.m. until 6:00 p.m.
F. Mondav or Friday School Holidays: For sdlOol holidays not previously addressed in
this Order which fall on Monday or Friday, the parent who has custody ofthc Child
for thc w~ckcnd imm~diately pr~ceding or following tht: school holiday shall haw
custody for the day of thc holiday. If th~ holiday falls on a Monday, th~ part:nt shall
rctain custody through Monday at 6:()() p.m. In the cvcnt thc holiday falls on a
Friday, thc pcriod ofweekcnd custody shall begin on Thursday at 3:30 p.m.
G. Thc holiday clJstody schcdulc shall sup~rced~ and take prccedcnce over the regular
custody schcdule.
S. Thc parcnt receiving custody shall be rcsponsible to provide transportation lor the exchangc
of custody unless othcrwise agreed betwcen the parties.
6. The custodial parent shall ensurc that the Child attends all regularly schcduled activitics
including socccr practices and games unless othcrwisc agrced betwecn the parti~s in advancc.
7. Thc non-custodial parent shall be entitlcd to havc reasonable libcraltclcphone contact with
the Child. During tht: seho\J1 year, the Father shall have telephone contact with the Child evcry
Tucsday and Thursday at 8:30 p.m. The partics agrcc that the Child shall initiatc thc telephone call to
the Father on a cell phone to be providcd by thc Father or the telcphonc call may be initiatcd by the
Father, at thc Fathcr's elcction.
8. Neithcr party shall drink alcohol to the point of intoxication or smoke cigarettcs in the housc,
car or otherwise in thc Child's prcsence during periods of custody. The Mother shall cnsure that no
alcohol is consumcd during hunting trips/activities with the Child, Thc parties shall ensure thaI third
parties having contact with the Child comply with this provision,
9. Neithcr party shall do or say anything whieh may cstrangc thc Child from the other parent,
injurc thc opinion of the Child as to thc othcr parent, or hampcr the frce and natural dcvclopmcnt of the
Child's love and respcct for the othcr parcnt. Both partics shall cnsurc that third partics having contact
with thc Child comply with this provision.
DEBORAH C. ANTONETTI
now MORRISON
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
BRIAN R. FLEEK,
: NO: 96-1357 Civil Term
Defendant
: IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, comes the Defendant, Brian R. Fleek, by and through his attorneys, Shagin &
Anstine LLC., and respectfully avers the following in support of his Custody Complaint:
1. The Plaintiff in Deborah Morrison, an adult individual residing at 6901 Salem Park Circle,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant is Brian R. Fleek, an adult individual residing at 43 Ruth Avenue,
Phoenixville, Chester County, Pennsylvania, 19460.
3. The Defendant seeks shared physical custody of the following child:
Addison J. Antonetti, d.o,b. 02-03-96
The child was born out of wedlock.
The child is presently in the custody of the Plaintiff.
For the past five years to the present, the child has resided with the following persons:
Plaintiff, at 6901 Salem Park Circle, Mechanicsburg
4. The natural father of the child is the Defendant. He is married to Heidi Fleek, and resides with
her and their two children, Andrew (dob 11-20-00) and Robby (dob 03-02-03)
5. The mother of the child is the Plaintiff. She is married to Larry Morrison, and resides with the
minor child Addison and a new baby, Peyton (dob 07-22-05)
6, Defendant has participated as a party in an original custody m;tion, with an agreed order dated
May 4, 1996, attached hereto as Exhibit "A."
7. Defendant does not know of a person not a party to the proceedings who has physical custody
of the child or claims to have custody or visitation rights with respect to the child.
8. The best interest and permanent welfare ofthe child will be s,erved by granting the relief
requested because, during the last several years, the Defendant has had additional periods of
physical custody besides that in the order, and that Defendant and child need to spend more time
together as father and son. In addition, he has the summers off and would be able to care for
Addison on a full-time basis while Plaintiff is at work, and Addison would spend this time with
his father rather than with third parties.
9. Each parent whose parental rights to the child have not been terminated and the person who
has physical custody of the child have been named as parties to this action.
WHEREFORE, the Defendant requests Your Honorable Court to grant him shared legal and
shared physical custody of said child as follows:
a. Alternating weekends during the school year, from Friday after school until Sunday
evening at 7:00 p.m.;
b. Primary physical custody during the summer, with Plaintiff having alternating
weekends as stated above;
c. Alternating holidays;
d. Days off of school during school year;
E. Any other periods of physical custody as the parties can agree.
Date:
Respectfully submitted,
~~
JO~KOP cky, ~:2
Supreme Court ID # 53147
300 North Second Street,8thFloor
Harrisburg, PAl 71 0 1
(717) 221-1111
, WO'd
%96
H888860T9
98:9T 900Z-6Z-1nr
VERIFICATION
The undersigned deposes and says, subject to the penalties of 18 Pa.C.S.A.
'4904 relating to unswom falsification to authorities, that she has examined the
foregoing CUSTODY COMPLAINT. that hehas knowledge 1:1f the facts averred therein,
and that the averments of fact set forth therein are tnJe and correct upon his personal
knowledge, information and belief.
Date: ~/q~ S-
~/~~
BRIAN R. FLEEK
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DEBORAH C. ANTONETTI NOW
MORRISON
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
CUMBERLAND COLNTY, PENNSYLVANIA
V,
96-1357 CIVIL ACTION LA W
BRIAN R. FLEEK
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday,August29,2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 27, 2005 at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order, 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 temporalY 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 hearin!!.
FOR THE COURT.
By: Isl
Dawn S. Sunday, Esq,
Custody Conciliator
r^
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
HA VE 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
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RECEIVED OCT 0 5 Z0050,{l
DEBORAH C. ANTONETTI NOW
MORRISON
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
96-1357
CIVIL ACTION LAW
BRIAN R FLEEK
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this /1.- ~ day of QeJa ~ , 2005, upon
consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows:
I, The prior Order of this Court dated May 4, 1996, is vacated and replaced with this Order.
2. The Mother, Deborah C. Morrison, and the Father, Brian R Fleek, shall have shared legal
custody of Addison J. Antonetti, born February 3,1996. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding his health, education
and religion. Pursuant to the terms ofthis paragraph each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, school and medical records and
information.
3. The parties shall have physical custody ofthe Child in accordance with the following
schedule:
A. During the school year, the Mother shall have primary physical custody of the Child
and the Father shall have partial custody on alternating weekends from Friday at
3:30 p.m. through Sunday at 6:00 p.m. The alternating weekend schedule shall
begin with the Father having custody of the Child on Friday, October 7,2005, The
school custody schedule shall resume after the summer school break each year with
the Father having his first period of weekend custody on the second Friday after
school starts.
B. In 2006 during the summer school break, the parties shall share having custody of
the Child on an alternating weekly basis, with the exchange to take place each week
on Friday at 3:30 p.m. The summer custody schedule shall begin with the Father
having custody of the Child on the first Friday after the last day of school. At such
time as mandatory soccer practices begin in August, the parties shall cooperate in
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adjusting the schedule so that the Child is not traveling long distances each day
between the Father's residence and soccer practice, The parties shall cooperate in
establishing the summer custody schedule in 2007 and subsequent years in
accordance with the framework established for 2006.
C. In 2006, the Father shall have an uninterrupted vacation period of custody with the
Child from August 18 at 3:30 p.m. through August 26 in the evening. The parties
agree that the Child will not be attending soccer activities during the Father's
vacation. For purposes of the exchange of custody immediately preceding the
Father's vacation week, the Mother shall retain custody of the Child through
August 18 at 3:30 p.m, The Mother shall have custody of the Child from August 26
through the begilliling of school.
4. The parties shall share having custody of the Child on holidays as follows:
A. Christmas: In odd numbered years, the Mother shall have custody of the Child from
the last day of school before the Christmas holiday break through Christmas Day at
2:00 p,m" the Father shall have custody from Christmas Day at 2:00 p.m. through
December 29 at 7:00 p.m., and the Mother shall have custody from December 29 at
7:00 p.m. through the begilliling of school following the holiday break, In even
numbered years, the Father shall have custody of the Child from the last day of
school before the holiday break at 3:30 p,m. through Christmas Day at 2:00 p.m"
the Mother shall have custody from Christmas Day at 2:00 p.m. through
December 29 at 7:00 p.m., and the Father shall have custody from December 29 at
7:00 p.m, through the evening before school resumes at 6:00 p.m.
B. Thanksgiving: The Thanksgiving holiday period of custody shall run from the
Wednesday before Thanksgiving at 7:00 p.m. through the Sunday following
Thanksgiving at 6:00 p.m. The Mother shall have custody of the Child for the
Thanksgiving holiday in even numbered years and the Father shall have custody in
odd numbered years. The Mother shall have custody of the Child every year on the
Monday following Thanksgiving for the first day of hunting season.
C. Easter: In even numbered years, the Father shall have custody of the Child from the
last day of school before the Easter break at 3 :30 p.m. through the Saturday before
Easter at 6:00 p.m. and the Mother shall have custody from Saturday at 6:00 p,m.
through the begilliling of school following the Easter break. In odd numbered years,
the Mother shall have custody ofthe Child from the last day of school before the
Easter break through the Saturday before Easter at 6:00 p,m. and the Father shall
have custody from Saturday at 6:00 p.m. through the Monday after Easter at
6:00 p.m.
D, Memorial Dav/Independence Dav/Labor Dav: The holiday period of custody on
Memorial Day and Labor Day shall run from 9:00 a,m. until 6:00 p,m. The holiday
period of custody for Independence Day shall run from 9:00 a.m, on July 4th through
9:00 a.m. on July 5th In even numbered years, the Mother shall have custody of the
Child for Memorial Day and Labor Day and the Father shall have custody for
Independence Day. In odd numbered years, the Father shall have custody of the
Child for Memorial Day and Labor Day and the Mother shall have custody for
Independence Day.
E, Mother's Dav/Father's Dav: In every year, the Mother shall have custody of the
Child on Mother's Day and the Father shall have custody of the Child on Father's
Day from 10:00 a.m. until 6:00 p.m.
F. Mondav or Fridav School Holidavs: For school holidays not previously addressed in
this Order which fall on Monday or Friday, the parent who has custody of the Child
for the weekend immediately preceding or following the school holiday shall have
custody for the day of the holiday. Ifthe holiday falls on a Monday, the parent shall
retain custody through Monday at 6:00 p.m. In the event the holiday falls on a
Friday, the period of weekend custody shall begin on Thursday at 3:30 p,m.
G. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule,
5, The parent receiving custody shall be responsible to provide transportation for the exchange
of custody unless otherwise agreed between the parties.
6. The custodial parent shall ensure that the Child attends all regularly scheduled activities
including soccer practices and games unless otherwise agreed between the parties in advance.
7. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with
the Child. During the school year, the Father shall have telephone contact with the Child every
Tuesday and Thursday at 8:30 p.m. The parties agree that the Child shall initiate the telephone call to
the Father on a cell phone to be provided by the Father or the telephone call may be initiated by the
Father, at the Father's election.
8. Neither party shall drink alcohol to the point of intoxication or smoke cigarettes in the house,
car or otherwise in the Child's presence during periods of custody. The Mother shall ensure that no
alcohol is consumed during hunting trips/activities with the Child, The parties shall ensure that third
parties having contact with the Child comply with this provision.
9. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development ofthe
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
10. This Order is entered pursuant to an agreement ofthe parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms ofthis Order shall control.
BY THE COURT,
cc:.)'6~a J. Kopecky, EsqUire - Counsel for Father
7abetha A. Tanner, Esquire - Counsel for Mother
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DEBORAH C. ANTONETTI NOW
MORRISON
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
96-1357
CNIL ACTION LAW
BRIAN R. FLEEK
Defendant
IN CUSTODY
Prior Judge: George E. Hoffer
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Addison J. Antonetti
February 3, 1996
Mother
2. A conciliation conference was held on September 28,2005, with the following individuals in
attendance: The Mother, Deborah C. Morrison, formerly Antonetti, with her counsel, Tabetha A.
Tanner, Esquire, and the Father, Brian R. Fleek, with his counsel, Johnna J. Kopecky, Esquire,
3. The parties agreed to entry of an Order in the form as attached.
Date
{)cJdbvt 3, dCXJS'
,
D,~1:7
Custody Conciliator