HomeMy WebLinkAbout02-5545CHRISTOPHER B. CONA,
Plaintiff,
MELODY ANN CONA,
Defendant.
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,
* PENNSYLVANIA
* CIVIL ACTION - LAW
* CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, Plaintiff, Christopher B. Cona, by and through his attorney,
Jennifer L. Frechette, Esquire, files a Complaint For Custody against Defendant, Melody
Ann Cona, and in support thereof, avers the following:
1. Plaintiff is Christopher B. Cona, Father, who currently resides at 21
Eastwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
2.
unknown.
NAME
Samantha Lynn Cona
Defendant is Melody Ann Cona, Mother, whose current residence is
Plaintiff seeks custody of the following child:
Present Address AGE
Unknown 15 months
4. The child was not born out of wedlock.
5. The child, Samantha Lynn Cona is presently in the custody of Mother
Melody Ann Cona, whose current residence is unknown.
6. During the past five (5) years, the child, Samantha Lynn Cona has
resided with the following persons at the following addresses:
Melody Ann Cona
Christopher B. Cona
Melody Ann Cona
7.
Unknown
21 Eastwood Drive
Carlisle, PA 17013
11/12/02 - Present
7/5/01 - 11/12/02
The Mother of the child is Melody Ann Cona, whose current residence
is unknown.
at 21 East wood Drive, Carlisle, Cumberland County, Pennsylvania, 17013
9. The parties are married.
10. The relationship of Plaintiff to the child is that of Father.
8. The Father of the child is Christopher B. Cona, who currently resides
Plaintiff
currently resides with the following persons:
None
11.
The relationship of Defendant to the child is that of Mother. Defendant
currently resides with the following persons:
~¢Ja/jons ibjp
Samantha Lynn Cona Daughter
Plaintiff has no knowledge as to whether or not Defendant is residing with any other
persons besides their daughter.
12. Plaintiff and Defendant have not participated as a party or witness, or
in another capacity, in other litigation concerning the custody of the child in this or another
court.
13.
Plaintiff and Defendant have no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
14. Plaintiff and Defendant do 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.
15. The best interests and permanent welfare of the child, Samantha Lynn
Cona, will be served by granting the relief requested, i~ ~, because the Plaintiff Father
has been one of the child's primary caretakers.
16. Each parent whose parental rights to the child have not been
terminated and the persons who have physical custody of the child have been named as
parties to this action. Ail other persons, named below, who are known to have or claim a
right to custody or visitation of the child will be given notice of the pendency of this action
and the right to intervene.
NONE
WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order
granting him shared legal custody and primary physical custody, with Defendant Mother
to have liberal partial physical custody.
Respectfully Submitted,
By: ~ / /~
Jennifer L. Frechette, Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
Attorney ID. #87445
Dated:
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Christopher B. Cona, hereby swear and affirm that the facts contained in
the foregoing Complaint for Custody are true and correct and are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
~t~stopher B. Con~/Plaintiff
CHRISTOPHER B. CONA
PLAINTIFF
MELODY ANN CONA
DEFENDANT
IN rDtE COURT OF COMMON PLEAS OF
CUMBERLAND COU2qTY, PENNSYLVANIA
:
: 02-5545 CIVIL ACTION LAW
:
IN CUSTODY
:
ORDER OF COURT
AND NOW, Friday, November 22, 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, December 17, 2002 at 12:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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.
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 betbre 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 ATTORb~EY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR 'FELEPHONE 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
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05545 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONA CHRISTOPHER B
VS
CONA MELODY A
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - CUSTODY was served upon
CONA MELODY ANN the
DEFENDANT
at YOUR CROWNING GLORY
WORMLEYSBURG, PA 17043
, at 1437:00 HOURS, on the 20th day of November , 2002
220 SOUTH SECOND STREET
by handing to
MELODY A CONA
a true and attested copy of COMPLAINT - CUSTODY
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
10 35
00
10 00
00
38 35
Sworn and Subscribed to before
me this /~ day of
~-c~ ~2~O P-~' A.D.
/ t~rothonot ary
So Answers:
R. Thomas Kline
11/21/2002
EDWARD WEINTP,-AUB
CHRISTOPHER B. CONA
PLAINTIFF
Vo
MELODY ANN CONA
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5545 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, December 20, 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 Friday, December 20, 2002 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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 ali existiug 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. Gree,~, 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 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 171313
Telephone (717) 249-3166
CHRISTOPHER B. CONA,
Plaintiff
MELODY ANN CONA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5545 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~,~, ~' -,l~ c.~ ., 20_0_~, upon consideration
of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. ~. The parties, Christopher B. Cona and Melody Ann Cona, shall
have shared legal custody of the minor child, Samantha Lynn Cona, born July 5, 2001.
2. Physical Custody.. The parties shall share parenting time with the child in
accordance with the following schedule:
A. Father shall have custody from December 21st at 8:30 a.m. until
6:00 p.m. Mother shall drop off the child at Father's residence at the beginning
of the custodial period and Father shall return the child to Mother's residence
for this custodial exchange only.
B. To commence January 1, 2003, Father shall have custody on
alternating weeks from Wednesday at 7:00 p.m. until Friday at 7:00 p.m.
C. Effective January 9, 2003, Father shall have custody on
alternating weeks from Thursday at 12:30 p.m. until Saturday at 7:00 p.m.
D. Whenever Father does not have custody, Mother shall have
custody.
3. ~. The parties shall share transportation incident to the custodial
exchanges by the parent receiving custody providing transportation incident to the custodial
exchange.
4. Christmas.
A. Christmas 2002. Mother shall have custody until 5:00 p.m.
Christmas Day 2002. Father'shall have custody from 5:00 p.m. on Christmas
Day 2002 through December 26th at 8:00 p.m.
NO. 02-5545 CIVIL TERM
B. In 2003 and subsequent odd-numbered years, Father shall have
custody from December 24th at noon through December 25th at noon. Mother
shall have custody from December 25th at noon through December 26th at 8:00
p.m.
C. In 2004 and subsequent even-numbered years, Mother shall
25th at noon.
have custody from December 24th at noon through December 26th
Father shall have custody from December 25~h at noon through December
at 8:00 p.m.
5. Holidays.
A. New Year's Day. The custodial period for New Year's Day shall
be from 9:00 a.m. until 8:00 p.m. In even-numbered years, Father shall have
New Year's Day and in odd-numbered years, Mother shall have New Year's
Day.
B. Easter, Memorial Day and Labor Day. Mother shall always have
custody for Easter, Memorial Day and Labor Day because Father's work
schedule presently does not provide him days off for those holidays. The
parties contemplate that the sharing of these holidays may change if Father's
work schedule changes to permit him these days off.
C. Independence Day / Child's Birthday.. This holiday shall be
shared by the parties in an NB schedule. In even-numbered years, Mother
shall have custody from 9:00 a.m. Independence Day through 9:00 a.m. July
5th, and Father shall have custody from 9:00 a.m. July 5th through 9:00 a.m.
July 6th. In odd-numbered years, Father shall have custody from 9:00 a.m.
Independence Day through 9:00 a.m. July 5t~, and Mother shall have custody
from 9:00 a.m. July 5th through 9:00 a.m. July 6th. However, in the event
Mother has to work on Saturday, July 5, 2003, then the parties shall switch the
2003 Independence Day schedule.
D. Thanks~ivin.cl. Thanksgiving shall be divided into two segments,
Segment A and Segment B. Segment A shall be from 3:00 p.m. the day
before Thanksgiving through 3:00 p.m. the day of Thanksgiving. Segment B
shall be from Thanksgiving at 3:00 p.m. through 3:00 p.m. the day after
Thanksgiving. In 2003, 2004 and subsequent even-numbered years, Father
shall have custody for Segment A and Mother shall have Segment B. In 2005
and subsequent odd-numbered years, Mother shall have Segment A and
Father shall have Segment B.
NO. 02-5545 CIVIL TERM
schedule.
The holiday schedule shall take precedence over the regular
6. Walk Through. To assist the parties in assurances that the child has
appropriate living arrangements in each home, the parties shall participate in a walk through
of their new residences at the beginning and ending of the December 21, 2002 custodial
exchange.
7. During any period of custody or visitation the parties to this Order shall not
possess or use controlled substances, neither shall they consume alcoholic beverages to
the point of intoxication. The parties shall likewise ensure, to the extent possible, that the
other household members and/or house guests comply with this prohibition.
8. Vacation. Each parent shall be entitled to a total of four (4) non-consecutive
weeks of custody for the purposes of vacation each year. The parties shall have the option
of exercising these periods of custody in summer and winter. The parties shall provide each
other with 90 days notice of their intended vacation plans. In the event that the parties have
scheduled conflicting or overlapping vacation plans, the parent first providing written notice
shall have choice of vacation. In light of the child's young age, neither parent shall have
custody for more than eight (8) consecutive days for vacation.
9. If after trying the parenting arrangement for a period of no less than thirty (30)
days either party would like to reconvene the Custody Conciliation Conference, the
Conference may be reconvened upon a letter request from counsel received by the
Conciliator no more than sixty (60) days after the date of this Order.
BY THE COURT:
Dist: ~/'Jennifer L. Frechette, Esquire, 2650 N. Third Street, Harrisburg, PA 17110
~/' Marylou Matas, Esquire, 200 N. Hanover Street, Carlisle, PA 17013
OEC 2, 7 2002
CHRISTOPHER B. CONA,
Plaintiff
MELODY ANN CONA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5545 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 child who is the subject of this
litigation is as follows:
NAME,
Samantha Lynn Cona
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
July 5, 2001 Mother
2. A Custody Conciliation Conference was held on December 20, 2002 with the
following individuals in attendance: the Father, Christopher B. Cona, and his counsel,
Jennifer Frechette, Esquire; the Mother, Melody Ann Cona, and her counsel, Marylou
Matas, Esquire.
3. The parties reached an agreement on all issues with the exception of
Thanksgiving about which the Conciliator makes a recommendation.
4. Father had agreed to a plan to share Thanksgiving on an NB schedule as
follows: The day before Thanksgiving from 3:00 p.m. until the day of Thanksgiving at 3:00
p.m. and Thanksgiving Day at 3:00 p.m. until the day after Thanksgiving at 3:00 p.m.
Although this was not Father's preference, he agreed to this schedule for the sharing of the
holiday with the parties rotating the A and B segments each year as a compromise in the
context of a negotiated parenting plan. Father requested that he have custody for Segment
A in 2003 and subsequent odd-numbered years because Mother had all of the Thanksgiving
holiday for 2002 and because he had agreed that Mother could have Christmas Eve through
5:00 p.m. Christmas Day 2002.
5. Mother requested to have Segment A of Thanksgiving 2003 and in
subsequent odd-numbered years because Father will be having Segment A of Christmas in
odd numbered years.
NO. 02-5545 CIVIL TERM
6. The parties parenting and custody plan is reflected in the Order as attached.
The schedule for the sharing of the Thanksgiving holiday is the recommendation made by
1~/2g/o'~ ~- -
Mel~sa Peel Greevy, q
Date Custody Conciliator
:200052
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
CHRISTOPHER B. CONA,
Plaintiff
MELODY ANN CONA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-554.5 CiVIL TERM
CiVIL ACTION-LAW
IN CUSTO~DY
PETITION TO MODIFY ORDER OF CUSTODY
AND NOW, Plaintiff, by and through his attorneys, MARTSON DEARDORFF WILLIAMS
& OTTO, files a Petition to Modify Order of Custody against Defendant, and in support thereof,
avers the following:
1. Plaintiff is Christopher Cona, Father, who cunrently resides at86 Arnold Drive, Enola,
Cumberland County, Pennsylvania.
2. Defendant is Melody Cona, Mother, who currently resides at 129 Stanford Court,
Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties hereto are the parents of the following minor child, Samantha Lynn Cona,
bom July 5, 2001, who currently resides with both parents.
4. On December 30, 2002, the Court entered an Order of Custody, granting shared
physical and legal custody of the parties' child to the parties. A tree and correct copy of this Order
is marked Exhibit "A," attached hereto, and made part hereof.
5. The best interests and permanent welfare of the child will be served by a modification
of the Court's Order: Specifically, Father should have primary physical custody of the child, the
location of custody exchanges should be at a neutral place between the parents' residences, and a
right of first refusal is necessary because Mother leaves the child alone with her boyfriend, who
inadequately cares for the child, for extended periods of time while she is working.
WHEREFORE, Plaintiff respect fully requests that this Honorable Court modify its Order as
follows: grant Father primary physical custody, change the exchange location and add a right of first
refusal clause.
MARTSON DiEARDOREF WiLLIAMS & OTTO
By
Jennifer ~ S19ears, Esquire
Ten East*High Street
Carlisle, PA 17013
(717) 243-3341
Date: Attorneys for Plaintiff
CHRISTOPHER B. CONA,
Plaintiff
V.
MELODY ANN CONA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5545 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Legal Custody. The parties, Christopher B. Cona and Melody Ann Cona, shall
have shared legal custody of the minor child, Samanth.a Lynn Cona, born July 5, 2001.
2. Physical Custody. The parties shall share parenting time with the child in
accordance with the following schedule:
A. Father shall have custody from December 21st at 8:30 a.m. until
6:00 p.m. Mother shall drop off the child at Father's residence at the beginning
of the custodial period and Father shall return l~he child to Mother's residence
for this custodial exchange only. ~.~.
B. To commence January 1, 2003, Father shall have custody on
alternating weeks from Wednesday at 7:00 p.m. until Friday at 7:00 p.m.
C. Effective January 9, 2003, Father shall have custody on
alternating weeks from Thursday at 12:30 p.m. until Saturday at 7:00 p.m.
D. Whenever Father does not have custody, Mother shall have
custody.
3. Transportation. The parties shall share transportation incident to the custodial
exchanges by the parent receiving custody providing transportation incident to the custodial
exchange.
4. Christmas.
A. Christmas 2002. Mother shall have custody until 5:00 p.m.
Christmas Day 2002. Father shall have custody from 5:00 p.m. on Christmas
Day 2002 through December 26th at 8:00 p.m.
EXHIBIT "A"',,
NO. 02-5545 CIVIL TERM
B. In 2003 and subsequent odd-numbered years, Father shall have
custody from December 24th at noon through December 25th at noon. Mother
shall have custody from December 25th at noon tlhrough December 26th at 8:00
p.m.
C. in 2004 and subsequent even~numbered years, Mother shall
have custody from December 24th at noon through December 25th at noon.
Father shall have custody from December 25th at noon through December 26th
at 8:00 p.m.
5. Holidays.
A. New Year's Day. The custodial period for New Year's Day shall
be from 9:00 a.m. until 8:00 p.m. In even-numbered years, Father shall have
New Year's Day and in odd-numbered years, Mother shall have New Year's
Day.
B. Easter, Memorial Day and Labor Day. Mother shall always have
custody for Easter, Memorial Day and Labor Day because Father's work
schedule presently does not provide him days off for those holidays. The
parties contemplate that the sharing of these holidays may change if Father's
work schedule changes to permit him these days ,off.
C. Independence Day / Child's Birthdav. This holiday shall be
shared by the parties in an NB schedule. In even-numbered years, Mother
shall have custody from 9:00 a.m. Independence Day through 9:00 a.m. July
5th, and Father shall have custody from 9:00 a.m. July 5th through 9:00 a.m.
July 6th. In odd-numbered years, Father shall have custody from 9:00 a.m.
Independence Day through 9:00 a.m. July 5t~, and Mother shall have custody
from 9:00 a.m. July 5th through 9:00 a.m. July 6th. However, in the event
Mother has to work on Saturday, July 5, 2003, then the parties shall switch the
2003 Independence Day schedule.
D. Thanks.qiv ncl Thanksgiving shall be divided into two segments,
Segment A and Segment B. Segment A shall be from 3:00 p.m. the day
before Thanksgiving through 3:00 p.m. the day of Thanksgiving. Segment B
shall be from Thanksgiving at 3:00 p.m. through 3:00 p.m. the day after
Thanksgiving. In 2003, 2004 and subsequent even-numbered years, Father
shall have custody for Segment A and Mother shall have Segment B. In 2005
and subsequent odd-numbered years, Mother shall have Segment A and
Father shall have Segment B.
NO. 02-5545 CIVIL TERM
schedule.
The holiday schedule shall take ~recedence over the regular
6. Walk Throuqh. To assist the parties ~n assurances that the child has
appropriate living arrangements in each home, the parties shall participate in a walk through
of their new residences at the beginning and ending cf the December 21 2002 custodial
exchange. ,
7. During any period of custody or visitatio~ the parties to this Order shall not
possess or use controlled substances, neither shall they consume alcoholic beverages to
the point of intoxication. The parties shall likewise ensure, to the extent possible, that the
other household members and/or house guests comply with this prohibition.
8. Vacation. Each parent shall be entitled to a total of four (4) non-consecutive
weeks of custody for the purposes of vacation each year. The parties shall have the option
of exercising these pedods of custody in summer and winter. The parties shall provide each
other with 90 days notice of their intended vacation plans. In the event that the parties have
scheduled conflicting or overlapping vacation plans, the parent first providing wri~en notice
shall have choice of vacation. In light of the child's young age, neither parent sha~l have
custody for more than eight (8) consecutive days for vacation.
9. If after trying the parenting arrangement for' a period of no less than thirty (30)
days either party would like to reconvene the Custody Conciliation Conference, the
Conference may be reconvened upon a letter request from counsel received by the
Conciliator no more than sixty (60) days after the date of this Order.
Dist:
BY TI-~ COURT':
Jennifer L. Frechette, Esquire, 2650 N. Third Street, Harrisburg, PA 17110
Marylou Matas, Esquire, 200 N. Hanover Street, Carlisle, PA 17013
TRUE COPY FROM RECORD
In T~.stim~ny wh;r~o'~, '. h~re unto set my hand
and/~e seal of said/Court ,~t. Carlisle, Pa.
-- ...... '
VERIFICATION
The foregoing Petition for Special Relief is based upon information which has been gathered
by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not my own. I have read the document and to the extent that it is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the document is that of counsel, I have relied upon counsel in making
this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties. ~
uc-Wh~stopher B. Cona o'
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Petition to Modify Order of Custody was served this date by
depositing same in the Post Office at Carlisle, PA, first cla:ss mail, postage prepaid, addressed as
follows:
Marylou Matas, Esquire
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
Attorney of Record for Defendant
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA, 17013
(717) 243~3341
Dated: October 26, 2004
CHRISTOPHER B. CONA :
PLAINTIFF :
V. :
MELODY ANN CONA
:
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5545 CIVIL ACTION LAW
CUSTODY
ORDER OF COURT
AND NOW, Thursday, November 04, 2004 , upon cons:ideration 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 Thursday, December 09, 2004 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,
Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours l~rior to scheduled hearim,.
FOR THE COURT.
By: /s/ Melt'ssa P. Gtee~ ., Esq. rnhc
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
CHRISTOPHER B. CONA,
Plaintiff
MELODY A. CONA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 02-5545 CIVIL TERM
: IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
TO: Curtis R. Long, Prothonotary
Please withdraw the appearance of Marylou Matas, Esquire, and Griffie & Associates,
as counsel for Defendant, MELODY A. CONA, in the above-captioned action.
Mary~btr~atas, Es~t'~ire
GRIFFIE"& ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
PRAECIPE TO ENTER APPEAILANCE
TO: Curtis R. Long, Prothonotary
Please enter the appearance of Constance P. Brant, Esquire, as counsel for Defendant,
MELODY A. CONA, in the above-captioned action.
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID # 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-72:00
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the
,~o_~.d-c,_._. ,2004, I served a tree and correct copy of the foregoing Praecipe by
depositing same in the United States Mail, first-class postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
day of
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 E. High Street
Carlisle, PA 17013
Attorney for Plaintiff
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID # 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Defendant
CHRISTOPHER B. CONA,
Plaintiff
V.
MELODY ANN CONA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5545 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
OLER, J.---
ORDER OF COURT
AND NOW, this ~-~ ~. day of "~'~ ~ ,20 a.g~, upon consideration
of the attached Custody Conciliation Summary Report, it is hereby ordered and directed that
this Court's Order of December 30, 2002 is VACATED and replaced with the following:
1. Legal Custody. The parties, Christopher B. Cona and Melody Ann Cona, shall
have shared legal custody of the minor child, Samantha Lynn Cona, born July 5, 2001.
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 her health, education and religion. Pursuant to the terms
of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining
to the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child 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 parties shall share parenting time with the child in
accordance with the following schedule:
A. Durin.q Week One: Father shall have custody on alternating
weeks from Wednesday at 7:00 p.m. until Friday at 7:00 p.m.
B. Durin.q Week Two: Father shall have custody on altemating
weeks from Thursday at 12:30 p.m. until Saturday at 7:00 p.m.
custody.
Whenever Father does not have custody, Mother shall have
3. Transportation. The parties shall share transportation by the parent receiving
custody providing transportation incident to the custodial exchange.
NO. 02-5545 CIVIL TERM
4. Holidays.
A. Christmas. In 2004 and subsequent even-numbered years,
Mother shall have custody from December 24th at Noon through December
25th at Noon. Father shall have custody from December 25th at Noon through
December 26th at 8:00 p.m. In 2005 and subsequent odd-numbered years,
Father shall have custody from December 24th at Noon through December 25th
at Noon. Mother shall have custody from December 25th at Noon through
December 26th at 8:00 p.m.
B. New Year's Day, Easter, Memorial Day, Labor Day and Trick-or-
Treat Night. In odd-numbered years, Mother will have custody for New Year's
Day and Memorial Day and Father will have custody for Easter, Labor Day and
Trick-or-Treat Night. In even-numbered years, Father will have custody for
New Year's Day and Memorial Day and Mother will have custody for Eater,
Labor Day and Trick-or-Treat Night. The custodial periods for these holidays
shall be from 9:00 a.m. until 8:00 p.m., except for Trick-or-Treat Night which
shall be from 4:30 p.m. to 8:30 p.m.
C. Independence Day / Child's Birthday.. This holiday shall be
shared by the parties in an NB schedule. In even-numbered years, Mother
shall have custody from 9:00 a.m. Independence Day through 9:00 a.m. July
5th, and Father shall have custody from 9:00 a.m. ,July 5th through 9:00 a.m.
July 6th. In odd-numbered years, Father shall hawe custody from 9:00 a.m.
Independence Day through 9:00 a.m. July 5th, and Mother shall have custody
from 9:00 a.m. July 5th through 9:00 a.m. July 6th.
D. Thanksgiving. Thanksgiving shall be divided into two segments,
Segment A and Segment B. Segment A shall be from 3:00 p.m. the day
before Thanksgiving through 3:00 p.m. the day of Thanksgiving. Segment B
shall be from Thanksgiving at 3:00 p.m. through 3:00 p.m. the day after
Thanksgiving. In 2004 and subsequent even-numbered years, Father shall
have custody for Segment A and Mother shall have Segment B. In 2005 and
subsequent odd-numbered years, Mother shall haw~ Segment A and Father
shall have Segment B.
E. Mother's Day / Father's Day. Mother will have custody for
Mother's Day and Father will have custody for Father's Day. The custodial
period for the holiday shall be from Saturday before, the holiday at 7:00 p.m.
until Sunday at 7:00 p.m.
NO. 02-5545 CIVIL TERM
schedule.
The holiday schedule shall take precedence over the regular
5. In the event either party is unavailable to provide care for the child during his
or her period of custody for four (4) hours or more, that party shall first make a reasonable
effort to contact the other party to offer the parent the opportunity to provide care for the
child before contacting third-party caregivers.
6. During any period of custody or visitation the parties to this Order shall not
possess or use controlled substances, neither shall they consume alcoholic beverages to
the point of intoxication. The parties shall likewise ensure, to the extent possible, that the
other household members and/or house guests comply with this prohibition.
7. Vacation. Each parent shall be entitled to a total of four (4) non-consecutive
weeks of custody for the purposes of vacation each year. 'The parties shall have the option
of exercising these periods of custody in summer and winter. The parties shall provide each
other with 90 days notice of their intended vacation plans, iln the event that the parties have
scheduled conflicting or overlapping vacation plans, the parent first providing written notice
shall have choice of vacation. In light of the child's young age, neither parent shall have
custody for more than eight (8) consecutive days for vacatic,n.
8. The parties shall participate in therapeutic family counseling to be performed
by the staff of Interworks, unless they agree on another provider. To the extent that there
are unreimbursed expenses associated with the counseling, these expenses will be shared
by the parties equally. The counseling shall be focused on the parents developing a more
effective way to communicate regarding the sharing of their rights and responsibilities as
parents to this three (3) year old child.
9. If after participating in therapeutic family counseling for a minimum of four (4)
sessions either party would like to reconvene the Custody Conciliation Conference, the
Conference may be reconvened upon a letter request from counsel received by the
Conciliator, no more than sixty (60) days after the date of this Order.
Dist:
BY THE COURT: .,~
· ,,'J'ennifer L. Spears, Esquire, 10 East High Street, Carlisle, PA 17013
,,,~onstance P. Brunt, Esquire, 1820 Linglestown Road, Harrisburg, PA 117_110,
CHRISTOPHER B. CONA,
Plaintiff
V.
MELODY ANN CONA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERI_AND COUNTY, PENNSYLVANIA
NO. 02-5545 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 child who is the subject of this
litigation is as follows:
NAME
Samantha Lynn Cona
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
July 5, 2001 Mother
2. A Custody Conciliation Conference was heh:t on December 20, 2004 following
Father's filing of a Petition to Modify Order of Custody on or about October 29, 2004. This is
the parties' second Custody Conciliation Conference which was attended by: the Father,
Christopher B. Cona, and his counsel, Jennifer Spears, Esquire; the Mother, Melody Ann
Cona, and her counsel, Constance P. Brunt, Esquire.
3. The parties reached an agreement modifying the Order with regard to a first
right of refusal provision and holiday arrangements. The three (3) provisions about which
the parties did not reach an agreement were Father's request to extend his eight (8)
consecutive days of custody by excluding his ordinary custody time from the eight (8)
vacation days on weeks when his custodial period is from Thursday to Saturday. The
second topic about which the parties did not agree was Father's request for additional
custodial time, specifically the Noon to 7:00 p.m. on Tuesdays when Mother is at work and
the child is with her Maternal Aunt. The third topic was Father's request to have a custodial
exchange occur at a neutral place rather than at the parties' homes.
4. Father's position on custody is as follows: In his pleadings, Father seeks
primary custody of the child, in part because he is no longer employed and does not intend
to become employed outside the home. Father has a~lso indicated that he is no longer
operating his shredding business. Father has a live-in girlfriend with whom he has a one (1)
year old child. The girlfriend is supporting the family, while Father is being the stay-home
parent. Father believes that because he is planning on being a stay-home parent, that the
NO. 02-5545 CIVIL TERM
schedule should be rearranged to provide additional custodial time. However, he declined
Mother's offer that the parenting schedule be arranged such that he would have his
parenting time while Mother is working and Mother would have her parenting time during her
non-working hours. In the alternative, Father suggested that he have custody each week
from Wednesday at 7:00 p.m. until Sunday at 9:00 a.m. With regard to Father's request for
the neutral exchange point, Father states that he prefers that Mother not be accompanied to
his home by third parties because he does not want to know them and does not want them
to know where he lives. He does not allege any difficulties with these persons at the time of
the exchange which have negatively affected the child. It is simply his preference that both
parties be the only adults present at the time of the custodial exchange. With regard to
Father's request for broadening the consecutive days of vacation, he requests that he be
able to schedule his eight (8) consecutive days to dovetail with his ordinary custodial time,
including those weeks when his custody would be from Thursday to Saturday. Father points
out that the Order provides for both parties to have eight (8) consecutive days of custody
and that by scheduling their vacation weeks from Sunday to Sunday, Mother's total
consecutive days of custody extends to eleven (11 ) or twelve (12) days when combined with
her ordinary custodial schedule after return from a one (1) week vacation.
5. Mother's position on custody is as follows: With regard to the neutral
exchange, Mother prefers to have the exchanges occur as the parties agreed approximately
two (2) years ago. With regard to Father's request for a~'lditional parenting time, Mother
responds that the child has followed the same schedule for approximately two (2) years and
has done well with this routine. She reports the child looks forward to her time with her Aunt
and with the three (3) little gids that she plays with on ~Nednesdays when she is at a
babysitter's home. Mother values this time for the social opportunity it provides for the child.
6. Conciliator's Observations: The most predominant concern to the Conciliator
was this couple's inability to communicate effectively and cooperatively together as parents
of a three (3) year old child. Father acknowledges that he does not talk with Mother about
his concerns which seems to be based on his anticipation that she will berate him as he has
perceived that she has done in the past. Rather than persist: in attempting to participate in a
co-parent dialogue with Mother, he has refused to communicate with her at all. Mother
acknowledges that the parties are not able to communicate effectively for the child's benefit.
The parties have agreed distrust and pessimism impairs their ability to communicate. The
parties agreed to participate in therapeutic family counseling to address this concern which,
if not addressed, will adversely affect the child and will not improve regardless of the
custodial schedule the parents may select. Following the Conference, the Conciliator made
a determination that it would be necessary to specify a minimum number of counseling
sessions for the parties to attend before seeking to reconve,ne the Conference. Given the
duration and severity of the negative emotion between these parents and the resultant
NO. 02-5545 CIVIL TERM
communication difficulties, it is the Conciliator's expectation that the parties may require more
than the minimum number of sessions to effect lasting change in their parenting relationship.
The Conciliator declines to recommend a neutral point for custo, gdia~xchanges.
'Dat~ ' . Me'l~.,;~l~eel~reevy, E~-quire
Custody Conciliator
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