HomeMy WebLinkAbout97-00455
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BRENDA ANN ATKINS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-455 CML TERM
CML ACTION. CUSTODY
v.
JAMES EDWARD ATKINS,
Defendant
PETITION FOR SPECIAL RELIEF
1. Plaintiff is Brenda Ann Atkins, an adult individual whose temporary residence is at 3
Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is James Edward Atkins, an adult individual whose current residence is at 1045
Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. On January 28,1997, the plaintifff1led a Complaint for Custody ngninst her husband, the
Defendant herein.
4. A Custody Concilintion hns been scheduled for March 21, 1997 before Concilintor Hubert
X. Gilroy, Esquire.
5. In November of 1996, nfter sulTering a series of stressful events, the Plaintiff wns
hospitalized at Holy Spirit Hospital for treatment.
6. Following her relense in December of 1996, the Plaintiff resided temporarily with her
parents at 3 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania.
7. Since that time the Defendant husband, James Edward Atkins, has unUnterally imposed
restrictions on the Plaintiffs ability to see, visit or reside with her children.
8. The Defendant's unUnteral imposition of restrictions on the Plaintiff has resulted in a
change of custody without prior approval of Court and without the agreement, concurrence or acquiescence
of the mother.
9. The Plaintiff has been for the Instlive years a full. time homemaker and mother and has
been the primary custodian of the children.
10. The Defendant's unUnteral restrictions on her ability to visit with and care for her children
is inappropriate, unnecessary, and a unilateral change in custody without her consent.
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APR 0 9 1997tf'
BRENDA ANN ATKINS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
.
.
JAMES EDWARDS ATKINS,
Defendant
:NO: 97-455 CIVIL TERM
:IN CUSTODY
COURT ORDER
AND NOW, this /9~ day of April, 1997, 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
C!,u'.ltY. Courthouse on the -J3.w day of Qj.(( t1 , 1997 at
t},jo 11M. at which time testimony will Be taKen in the above
case. At this hearing, the Mother shall be the moving party
and shall proceed 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
to be addressed before the Court, a list of witnesses that
will be called to testify and a summary of the anticipated
testimony of each witness. This memorandum shall be filed at
least ten days prior to the hearing date.
2. Pending further order of this Court, the February 26, 1997
Order on custody shall remain in effect.
3. In the event either party desires a psychological evaluation
of the other party, the party seeking the evaluation and the
other party shall cooperate in providing medical records to
the evaluator and also attending any scheduled evaluation
sessions. The party requesting the evaluation shall bear the
costs for the evaluation. If an evaluator will be used as a
witness at a hearing, a written report from the evaluator must
be furnished to the opposing counsel at least ten days prior
to the hearing date.
co:
Ron Turo,
Samuel L.
BY THE COU7
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Kev n A. Hess
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Esquire ~ }~~;'
Andes, Esquire ~/1~17
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BRENDA ANN ATKINS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
.
.
JAMES EDWARDS ATKINS,
Defendant
:NO: 97-455 CIVIL TERM
: IN CUSTODY
Prior Judge: Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-S(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:
Nash Sinclair Atkins, born December 6, 1991 and Cassidy Monroe
Atkins, born June 4, 1994.
2. A Conciliation Conference was held on April 1, 1997, with the
following individuals in attendance:
The Mother, Brenda Ann Atkins with her counsel, Ron Turo,
Esquire, and the Father James Edwards Atkins with his counsel,
Samuel L. Andes, Esquire.
3. The parties separated late in 1996. There is an existing
Custody Order of February 26, 1997 which provides for,
essentially, shared physical custody with the minor children.
The Order provides for the children going back and forth on a
number of exchanges.
4. Mother is unemployed. Father works in a position that allows
him some flexibility in providing care for the children during
the week.
5. The parties are unable to agree at this time on a permanent
order of custody. The February 26, 1997 Order was a temporary
Order entered by the Court after a consultation with counsel
for the parties in chambers. The parties require a hearing in
this case. A hearing should take no more than one day.
6. There may be an issue with respect to the psychological
situation for both parties. The Mother has been undergoing
some treatment by a psychiatrist.
BRENDA ANN ATKINS,
PlaintiIT,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
" ~...
NO. 97- ..., ':i ~
CML TERM
JAMES EDWARD ATKINS,
Defendant
CML ACTION - CUSTODY
COMPLAINT FOR CUSTODY
1. PlaintiIT is Brenda Ann Atkins, an adult individual whose temporary residence is at 3
Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is James Edward Atkins, an adult individual whose current residence is at 1045
Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. PlaintiIT seeks custody of her children, N8Sh Sinclair Atkins, born December 6, 1991 and
Cassidy Monroe Atkins, born June 4, 1994, who are currently residing in Mechanicsburg, Cumberland
County, Pennsylvania.
4. The children are presently in the custody of both PlaintiIT and Defendant.
5. Since the children's birth, the children have resided with the foUowing over the pllBt five
years:
Name Address Date
PlaintiIT & Defendant Carbondale, Colorado birth to January, 1993
PlaintiIT & Defendant Clifton, Colorado January, 1993 to May, 1996
PlaintiIT & Defendant Shillington, PelUlllYlvania May, 1996 to October, 1996
PlaintiIT & Defendant Mechanicsburg, Pennsylvania October, 1996 to present
6. The natural mother of the children is PlaintiIT.
7. The natural father of the children is Defendant.
8. The relationship of the PlaintiIT to the children is that of natural mother.
9. The relationship of the Defendant to the children is that of natural father.
10. The PlaintiIT has not participated 8S a party or in any other capacity, in other litigation
eoncerning the custody of the children in this or any other court.
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of custody.
BY THE COURT,
Ron Turo, Esquire
For the Plaintiff
c.A-ll- ' /n'-a:" (, A.
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,Ad-
Samuel Andes, Esquire
For the Defendant
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BRENDA ANN ATKINS,
Plnintiff
IN THE COURT OF COMI\ION PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97.455 - CIVIL TERM
JAMES EDWARDS ATKINS,
Defendnnt
Custody
PI~'I'I'I'IOJlJ Fon SPR('L\ I. nRI.IRF
COMES NOW, the Defendant, Jnmes Edwards Atkins, hy and through his
nttorney, Samuel W. Milkes, JACOBSEN & MILKES, and respectfully petitions this
Honornble Court to gl'llnt special relief. suspending the terms of the existing Court
Order. The Defendant also asks that the current custody Order he modified so as to
provide for custody arrangements thatadequntely pl'Otect the children, given new and
significant developments in this case. In support thereof, Defendant avers as follows:
1. James Edwards Atkins, Petitioner herein, is an adult individual residing at
4 Shady Lane, Mechanicsburg, Cumberland County, Pennsylvania. He is the father
of Nash Sinclair Atkins and Cassidy Monroe Atkins, the children who are the subject
of this custody action.
2. Brenda Ann Atkins is an adult individual residing at 3 Woods Drive,
Mechanicsburg, Cumberland County, Pennsylvanin. She is the mother of these
children.
3. Nash Sinclair Atkins was born December n, HJ91 and Cassidy Monroe
Atkins was born June 4, 1994.
4. By the attached Order dated August 22. 1!J!l7, following a brief hearing, the
parties share legal custody of the children and shared physical custody arl'llngements
are directed.
5. Since this Order. a dramatic series of events has occurred, justifying a
modification of this Order. These events include the following.
a, As of the tinw of the last hearin~, the Defendant was under
psychintric cnre and it is helieved she was takin~ a course of
medicntions for these pl'Ohlems.
b. Defendnnt is unnble to cite specifically what medications or care the
Plaintiff wns rcceivin~ since the Plaintiff has consistently rcfused to
make this infol'lnntionavailahle to him.
c, In l!}f)H the Plaintiffs condition be~an to deteriorate to the extent
that she eventually had to he involuntarily committed at Holy Spirit
Hospital and thcn Harrisburg State Hospital. To the best of
Defendant's knowled~e, she was hospitalized in the summer and fall
of 1998 before her lon~.term commitment beginning December 12,
1998.
d. On Dccembcl' 12, 1!)!J8. the Plaintiff began a long-term inpatient
rcgimen at Holy Spirit and the State Psychiatric Hospital, for a
mental health diagnosis. of which Defendant has never been
informed. This commitment he~an when the Plaintiff stopped eating
or drinkiag aaythia~ and she was in an essentially catatonic state.
e. During Plaintiffs stay at this hospital. Defendant has had primary
custody of the children and he has tried to make the children
available to the Plaintiff under supervised settings. These have
included visits at the hospital. facilitated by Plaintiffs Plll'ents, and
visits at the Plaintiffs parent's home. on weekends when she was on
weeke!ld lcaves aad in the presence of her parents.
f. At some unkaowa time, probably in January :WOO, Plaintiff was
released from the State Hospital. She continued with these periodic
weekend timcs with the children. but without informing Defendant
that Hhe had bel'n releaHed, 01' what the specificH were aH to her
condition or tl'eatment.
g. To date, the Plaintiff continues to refuse to provide this information
and she haH refuNed to make any lIlTangements allowing the
Defendant sufficient access to information so as to assul'C him that
she is able to bave t he children in her care.
h. To date, the Plaintiff has refused to tell Defendant where she works
or her hours of employment. While she last informed the Defendant
she was working at tll(! State Hospital, he believes she is now
working elsewhere.
\. Before her hospitalization, the Plaintiff displayed a pattern of
avoiding necessary nwdications while insisting either that Hhe was
taking them. or that she did not need them.
J. In the period leading up to her hOHpitalization, the Plaintiff displayed
bazaar behavior while she was caring for the chilrlren. She therehy
placed the cbildren in immediately physical jeopardy.
6. The prior Custody Order was entered after the attached report of Dr.
Stanley Schneider was produced, suggesting that the shared custody arrangement
could work, "so long as Brenda attends to her emotional needs by continuing with her
assessment therapy at Stevcns and follows their recommendations which I assume
wiII include anti.depressive medication." She failed to meet these preconditions.
7. The current Order, entered before any of Plaintiffs hospitalizations
described above, provides for a schedule under which the children are with mother on
alternating weekends and two overnight school nights. every other week. At the time
this Order was entered, the children were three and five years old and school
schedules and responsibilities allowed for such a flexible schedule.
H. Now, the children are five and eil(ht years old and are in Kinderl(arten and
21l<ll(l'Ildes at school.
n. The livinl( Hituation in PlaintiffH home iH that Hhe, her parents, her Hister
and her sister's three or four children all live in a three hedl'llom home which iH
inadequate to accommodate the children who are the suhject of this case.
IO.1t is not in the childrenH' hest intereHtH to he with mother for overnights
during the week, for the reasons Htated ahove and hecauHe the children do not want to
exerciHe such a conHtantly changing Hchedule, nor iH it in their educational interests
to have Huch an constantly changing Hchedule.
11. Hecently, the Plaintiff haH hegun to diHcuHs custody arl'llngements directly
with the children, inappropriately placing the children in the middle of this dispute.
12. In recent converHations hetween Plaiatiff and Defendant, Plaintiff has
refused to offer any aSHl\l'ances aH to her medical condition or that she would be in the
presence of her parents when exercisinJ,: custody of the children.
13. In recent contacts made by Plaintiff to Defendant, she has begun to insist
that the terms of the prior Order he effectuated, as if nothing had changed in the
interim.
WHEHEFOHE, for the ahove reasons, Defendant requests that a Hule be
issued upon the Defendant to show caUHe why the following relief should not be
granted:
a. As a condition of the Plaintiff exercising any periods of custody with the
children. Hhe must agree to allow her treatinR mental health provider to
explain in writing, and in detail. the extent to which she is capable of
caring for the children and havinR them in her custody.
h. AH a condition of the Plaintiff exercisinR any periods of custody with the
children, she must al(ree to allow her treating mental health provider to
inform Defendant any time that the Plaintiffs ahility to care for the
of custody.
BY TilE COURT,
Ron Turn, E~qllire
For the Plaintirr
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'Ad-
Samuel Andes, E~quire
For the Defendant
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MAIN OfFICE
412 Erford Road
Camp Hill, PA17011
Stanley E, ,Schneider, fd,D.
DIr<<tor
CUIDANCE
ASSOCIATES
OF
'PENNSYLVANIA
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Camp Hilh (717) 732.2917
Hmhey: (717) 533,'1312
Carlisle: (717) 245.2289
ChamMllbur&: (717) 263.9392
FAX: (717) ~32.5375
August 20, 1997
Mr, Samuel L. Andes, Esquire
525 North 12th Street
P.O. Boll. 168
Leinoyne, PA 17043
RE: Atkins v Atkins
Cumberland County Court of Common Pleas
'97.455
Civil Term
Civil Action- CuSlody
Dear Mr, Andes:
As per your request In a lettor dated April 9, 1997, I conducted an Independent
evaluation of Brenda Ann Atkins relative to "her condition and her parenting ebillty
for the custody action". A petition for special relief was signed by the Honorable
Kevin A. Hess on February 26, 1997, which estebllshed the current ,custody
schedule. ' '
I met with Brenda on four different occasions, We met Initially on July 10, 1997,
On that occasion, I Interviewed her end administered the Minnesota Multiphasic
Personality Inventory-2. On July 18, 1997, I interviewed Brenda and administered
a Child Management Questionnaire and Parent Behavior Rating Scale, Our third
contact occurred on August 4, 1997. I completed my Interview and edmlnistered
the Beck Depression Inventory, I conducted a parent-child observation between
Brenda and both boys, Nash and Cessldy on August 11, 1997; In addition, I
reviewed a psychiatric evaluation dated August 6, 1997, by Mark Heinly', M.D.,
p_sychlatrlst, and a clinical assessment of Brenda dated July 7, 1997, completed by
The Stevens Center In Carlisle. .
Initially, Brenda presented as somewhat cautious but was open end honest In her
expression that she felt somewhat uneasy going through the assessment because
Jim was questioning her parenting abilities. something he did not do prior to the
Sllring of 1996, B'renda experienced' e combination of depression end anxiety
relateCl to the move from Colorado to Pennsylvanle, There was e period of
Instability end unpredlctabllity which essentially unnerved her resulting In a malor
depressive episode,
I Interviewed Jim Atkins on May 2 I, 1997, and spoke with him again on August
18, 1997, The bulk of my Involvement consisted 01 assessing Brenda. Both Jim
and Brenda Independent of each other, relete that It was Spring, 1996 when the
problems of Brenda's emotional condition emerged, It Is Important to Include that
Brenda hed not experienced any prior emotional problems, However, there Is a
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Drug and Alcohol Treatment
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At~lns v Atkins
August 20, 1997
Page 2
posilive family history for depression in that she relates both her mother and sister
being treated for depressive disorders.
When seen, Brenda presented as a spontaneous, personable, and a soma what
congenial woman, She describes herself as sensitive, empathic, funnYJ resourceful
and craative and a person who likes to be active, busy and Involveo, She feels
that she did benefit eventually, after some false starts, from some antidepressant
medication. Most recently (July, 1997) she returned to The Stevens Center for
re-evaluatlon aaylng on August 4th, "I am worried that with everything going on,
whether I am getllnggood follow-up treatment... The last time I was on
medicetlon was June". This rellects Insight and understanding that sha may need
further assessment and possible continued treatment in the form of antidepressant
medication end S~ppOftiVe therapy, . '
Brenda reports that 'her typical activities of dally living, when the children are In the
partial custody of Jim, consist of her walking, doing paperwork, paying bills, oolng
to tha library, and reading books about custoCly and dlvorco. She relates
socializing with friends who have been there throughout her separation in dealing
with the custody stressors, She Is working on getlrng ready for a scheduled court
haaring Friday, August 22, 1997. She sews ani! does other activities. She relates
that she could prepare a full dinner, for example, like Thanksgiving Dinner, if she
had to, reports no current sleep problems, reports that sne can focus and
concentrate without diffiCUlty, gained some weight since being with her parents,
and stated that she plans to stay with her parents at feast one year, She has
opened a checking account and managed to find II company with a good Interest
rate relative to a credit card. She handles repairs to her vehicle and has no debt,
She denies mood swings at this time but does admit "it's been difficult" realizing
that the separation from Jim has Its effects. It Is my sense, based on Brenda's
report as well as my conversation with Jim Atkins, that Brenda continues to have
ambivalent feelings toward Jim about the marital separation, She continues to
experience some marital separation distress.
Brenda was open throughout all my contacts with her. She expresses a
reasonable amount of self-confidence as well as Insight, She indicates that
whatever the outcome sho knows that the kids love both their parents and does
not want to "put my kids through not seeing their father because we're having
problems..." and also does not want Jim to deny that, although she had problems
that she has currently, In the last couple of months. demonstrated her ability and
capacity to appropriately and effectively parent the children,
Results of her MMPI-2 Indicate that she produced a valid profile, She responded
frankly to items dealing with common human frailties. Her profile reflects a
willingness to admit to minor faults and shortcomings, Emotionally, her profile Is
consistent with Individuals who report emotional excitement. At times they can
become agitated and irritable as well as anxious IInd depressed. Her pattern
reflects a reaction to situational stressors and pressures . most likely this current
evaluation as well as the unknowns related to a parenting schedule. Her scores
also Indicate the possibility of resentment and hostility - which she admits to for
having to go through this evaluation, The profile Is reflective of an Individual who
tends to be verbelly expressive but who may under-control certain emotions,
.
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Atkins v Atkins
August 20, 1997
Page 3
Personality/behavior characteristics consistent with her profile reflect Individuals
who can be described as, at times, hyperactive and unpredictable. They can act
out and may, sometimes, engage In Infantile behavior. Some of these Individuals
are also noted to be falr.minded, frank, high strung, and somewhat submissive.
This latter characteristic Is reflective of her description of her behavior In the
relationship with Jim where she felt she essentially became "lost" In that she
deferred to his preferences, directives pnd the like. Her answers denote the feeling
of Inadequate Impulse control, at times, sometimes being controlled by emotions
that she Interprets to be somewhat stranQe and foreign, A pattern within her
answers, points to psychomotor hyperactivity. Socially, Interactions may reveal
Interpersonal sensitivity. Generally, people with her profile are typically gregarious,
outgoing and social Individuals who have good social techniques. Although they
may nead to be with other people and establish relationships, these ara apt to be
oftentimes 3uperficial and Insincere. Her behaviors may also provoke resentment
and hostility In others as they may not be totally understood by others.
The profile shows good ego-strength In that she has the requisite ability to make
appropriate decisions and engage In effective prOblem solving. There Is no
evidence on the MMPI.2 profile ora depressive disorder.
Responses to the Parent Behavior Rating Scals as well as the Child Management
Questionnaire indicate that she, has appropriate knowledge of effective and
a~e-approJlrlate parenting strategies, skills and techniques. She also stated that
Jim has raised no concerns regarding her parenting In the last five months. This Is
to shore up her own belief that she 15 a good parent to the boys and that she has
the requisite capaCity - In spite of whatever depressive reaction she might at times
experience - to be a good parent. '
I had an opportunity to observe Brenda with Nash and Cassidy on August 11,
1997. This observation lasted In eXCess of an hour. I noted that Brenda was
attentive, structured, and directed the boys providing appropriate guidelines as
well as establishing needed boundaries. She asked the boys appropriate questions
and engaged In good teach In!! technigues. She attends to both boys, e.g. playing
with Nasll and paying ettentlOn to Cassidy. She was fOcused, Interactive, ana
creative I' She tord stories to both boys, Capturing their Imagination. The boys, In
turn, were creative and relaxed. There was no evidence of any distresst tension,
anxiety or appre~enslon, They wore all content to play at a table. ~e bO,Ys
appeared well. adJusted, comfortable and Interacted appropriately and eaSily With
Brenda as well as with each other. Cassidy "accidentally" knocked over the
dominoes which had been carefully laid In a row; Brenda was effective In
redirecting him to using crayons and coloring on paper so that there would be no
blow-up and the dominoes could be reset. Cassidy was more active than Nash et
this contact and explored various toyS In the room. Brenda assisted, sup/lorted
and commented on his performance while at the same time attended to Nash.
Brenda was advised that she could clean up with the boys, It was noted that she
was In no rush to leave and ell three continued to be very relaxed and comfortable
In their Interactive play with each other. When Brenda did Indicate that It was time
to clean up, the boys complied. She was very good at setting limits and
establishing rules.
Brenda completed a 'Beck Depression Inventory in August. The results do not
Indicate currently the presence of any depressive symptoms.
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MAR 17 2000~
BRENDA ANN ATKINS,
PlaintilT
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-455 CIVIL
IN CUSTODY
JAMES EDW ARDS ATKINS,
Defendant
COURT ORDER
AND NOW, this /1-. day of March, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. This Court's prior Order of August 22, 1997 is vacated.
2. The Mother, Brenda Ann Atkins, and the Father, James Edwards Atkins, shall enjoy
shared legal custody of Nash Sinclair Atkins, born December 6, 1991 and Cassidy
Monroe Atkins, born June 4. 1994.
3. Physical custody of the minor children shall be handled with the Mother having
physical custody on alternating weekends from when the children are oIT school or
when Mother is available aller her employment until Sunday evening at 7:00 p.m.
Additionally, Mother shall enjoy physical custody on at least two (2) evenings per
week from when the children are released from school or Mother is available after
work until 7:00 p.m. Father shall have physical custody of the minor children during
all other times.
4. The parties shall meet again for another Custody Conciliation Conference on
Thursday, May 25, 2000 at 9:30 a,m.
5. Pending the next Custody Conciliation Conferencc, counsel for the Mother shall
provide Fathcr's counsel with a report from Mother's physician providing, at a
minimum, an outline of Mothcr's diagnosis, a description of the current plan of
counselingltherapy/treatmentlmedication that Mother's physician has prescribed for
the Mother, an opinion with respect to Mother's ability to care for the children at this
time without the assistance of any other adult, and such other infonnation that the
treating physician may feel is appropriate and relevant to disclose.
6. At the next Conciliation Conference, the Conciliator shall address issues with
respect to the possible expansion of Mother's periods of physical custody \\;th the
minor children subject to Mother demonstrating that she has abided by the existing
order and is capable of providing additional care for the children. Additionally, the
Conciliator shall address the issue of fonnulating a mechanism to ensure that Father
is able to receive periodic reports from Mother's physician to verify Mother's
ongoing continuing stable mental and physical health and ongoing ability to care for
the minor children.
OCT 1 2 200rtP
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97 -0455 CIVIL
IN CUSTODY
BRENDA ANN ATKINS,
Plaintiff
JAMES EDWARD ATKINS,
Defendant
COURT ORDER
AND NOW, this / fUi day of October, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I.
A hearing is sche4ulcd in Courtroom NO/,ofthe C~mberland County Courthouse
on the ~ 1P' day of .1 U JI I Lt(J 'lJ . 2000, at
I : 3c) f..M. at which time testimony will be taken in this case. At this
hearing. the Father. James Edward Atkins, 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 party's position on the issues, a
list of witnesses who will be called to testify and the summary of the anticipated
testimony of each witness. This memorandum shall be filed at least three (3) days
prior to the mentioned hearing date.
2.
This Court's prior Order of June 14. 2000 is ratified subject to the following
modifications:
A. On any weekday where the custodial parent for that day is not home
at 4:00 p.m. to accept the children home from school, the custodial
parent shall notify the non-custodial parent and provide the other
parent with the option of taking custody of the children from when
they are released from school through 5:30 p.m. For example, if on a
Tuesday that the Mother is scheduled to have custody through 5:30
p.m.. in the event Mother is not home at 4:00 p.m. and is working
until 5:30 p.m., the children shall get off of the bus at Father's home
and stay in the custody of Father on the condition that Father is
present at that time. Correspondingly, on a date that Father is
scheduled to have custody during the afternoon. in the event Father is
not going to be available at 4:00 p.m. to accept the children off the
bus. the children shall go to Mother's home from the bus on the
condition that Mother is available on that date.
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ORENDA ANN ATKINS
PLAINTIFF
IN TilE COURT OF COMMON PI.EAS OF
CUMBERLAND COUNTY, PENNSYI.V ANIA
V.
97-455
CI VI L ACTION LAW
JAMES EDWARDS ATKINS
DEFENDANT
IN ClISTODY
ORnER OF ('{)lInT
AND NOW, Thursday, March t3, 2003 . upon considcl1llion of the attached Complainl.
it is hereby directed that parties and their respective counsel appear helilre ~ lIuberLX.(;lIroy!~~q,-__, Ihe conciliator,
al 4th Floor, Cumberland County Courlhouse, Carlisle on Friday, Mareh 28, 2003 at 8:30 AM
for a Pre-Hearing Cuslody Conference. AI such eonfcrence. un eflill'l will he mude to rcsolve the issucs in disputc; or
if this cannot be accomplishcd. to dcfinc and narrow the issues to he heurd by the court. and to entcr inlo a tempol1lry
order. All children a~e five or older may also be prescnl althe conl"crence. Fuilure 10 appear at the conference may
provide grounds for entry of a temporary or perman en I order.
The court hereby dIrects the parties to furnish any and all exlstln!: Protection from Abuse orders,
Special Rellef orders, and Custody orders to the eonelllalor 48 hours prIor to scheduled hearlnll.
FOR TilE COllRT.
By: 151
liJ/lmLX...GilrQJI. Esq.
Custody Conciliator
.......
'111e Court of Common Pleus olTumbcrland Counly is rcquircd by law 10 comply wilh tbe
Americans wilh Disabilites Act of 1990. For information ahout ucccssihle facilities and reasonable
accommodations availablc to disablcd individuals having business bcfore Ihe court. please contact our ollice.
All arrangemcnts must be mude at least 72 hours prior to any hearing or busincss before the court. You must
allend the scheduled conference or bearing.
YOU SHOULD TAKE TIIIS PAPER TO YOUR AITORNEY AT ONCE. IF YOU 00 NOT
IlA VE AN ATroRNEY OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TIlE OFFICE SET
FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAI.IIEI.I>.
CUl11hcrlund County Bur Association
32 South Bedliml Street
Curlislc. Pennsylvania 17013
Telephone (717) 24'1.3166
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BRENDA ANN ATKINS, ) IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
I
vs. ) CIVIL ACTION - LAW
I
JAMES EDWARDS ATKINS, I NO. 97-0455 CIVIL TERM
Defendant I IN CUSTODY
NOTICE AND ORDER TO APPEAR
TO: Brenda A. Nutter
(formerly Brenda Ann Atkins)
Legal proceedings have been brought against you alleging you have willfully
disobeyed an Order of Court for custody.
If you wish to defend against the claims set forth in the following pages, you may
but are not required to file in writing with the court your defenses or objections.
Whether or not you file in writing with the court your defenses or objections, you
must appear in person in court on
at
o'clock
_.m.,at
, Pennsylvania.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR
YOUR ARREST.
If the Court finds that you have willfully failed to complied with its Order for custody
you may be found to be in contempt of court and committed to jail, fined or both.
i!
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for the children. Plaintiff has been hospitalized previously for these problems, has been under
psychiatric care for many years, and requires regular psycho tropic medication for the treatment of
these disorders.
6. Defendant is fearful that. if Plaintiff continues to violate the order and fails to provide
the reports to him as required by that order, she will gradually reduce or eliminate her treatment for
these conditions, including her medication, and will, once again, become seriously ill as a result.
WHEREFORE, Defendant prays this Court to compel Plaintiff to provide to Defendant the
periodic reports as to her condition as required by the order of 14 June 2000, to sanction Plaintiff
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for her willful violation of that order, and to award Defendant his reasonable counsel fees in
enforcing his rights under that order and in protecting the children from Plaintiff's violation of that
order.
sa~~~~~
Attorney for Defendant
Supreme Court ID 17225
525 North 12'" Street
Lemoyne, PA 17043
(717) 761.5361
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I' I verify that the statements made in this document are true and correct. I understand that any
I: false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn
Ii falsification to authorities).
"
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DATE:
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Plaintiff
IN TilE COlIRT OF COMMON !>LEAS OF
ClIMHERLANI) COlINTY,I'ENNSYLV ANIA
,.
CIVIL ACTION . LAW
,lAMES E. ATKINS,
Uefendant
NO. 1997 - 0-155 CIVIL
IN ClJSTOUY
Prior Jlld~e: Keyln A. HlOSS
CONCILIATION CONf};.Rt:NCK.SUJ\ll\1AR.Y.RJ-:PORT
IN ACCORDANCE WITH THE CUl\I8ERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the IIndersi~ned Custod~' Conciliator submits the foIlowln~
report:
I. The conciliator conducted a telephone conference call on September 4, 2003 with the
attorneys for the parties, and the parties agreed to the entry of an order In the form
as attached,
D~f!ld}
tJrrJ
Hubert X. Gilroy, Es
CIL~tody Conciliator.
BRENDA A. A TKINS-NUTfER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
97-0455 CIVIL
vs.
JAMES EDWARD ATKINS,
Defendant
IN RE: CUSTODY
ORDER
AND NOW, this Z 2-..:J day of Octobcr, 2003, hearing in the above captioned matter
set for December II. 2003, is continued to Wednesday. January 7. 2004, at 9:30 a.m. in
Courtroom Number 4. Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
vii'ndsay Dare Baird. Esquire
For the Plaintiff
"mucl L. Andes. Esquirc
For the Defendant
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VEIU FICA TION
John J, Connclly. Jr,. Esquirc, rcprescnls Ihat he is the attorney for the Plaintiff, Brenda Ann
(Atkins) Nullcr. inlhis case lInd is familiar with the facts concerning the parties, and verifies that the
sllltclllenls lI1i1llc inlhe rorcglling Answer to Defendant's Petition to Clarify or Amend Prior Order
Ime nnd correct. lie IIl1llerSlilllds IllOIt 1;llsc slulemenls herein arc mude subject to the penal lies of 18
Pit( ',S, SeeliulI 41)04 relalillg lu UnSllllnl 1;llsilieulilllllO authorilies,
Date: ..J..:J. J'-/J!!
,
BRENDA ANN (ATKINS) NUTTER,
Pluintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97 - 0455 CIVIL
JAMES EDWARD ATKINS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, attorney for the
Plaintiff, Brenda Ann (Atkins) Nutter, hereby certify that I have served a copy of the Answer to
Defendant's Petition to Clarify or Amend Prior Order on the following on the date and in the
manner indicated below:
U.S. MAIL. FIRST CLASS. PRE-PAID
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, P A 17043
JAMES, SMITII, D1ETfERJCK & CONNEllY
DATE: 1-/6:'()if
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BRENDA ANN (ATKINS) NUTTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97 - 0455 CIVIL
v.
JAMES EDWARD ATKINS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ANSWER TO DEFENDANT'S
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Respondent, Brenda Ann (Atkins) Nutter, by and through her
attorneys, James, Smith, Dietterick & Connelly, and files the following Answer to Defendant's
Petition for Emergency Relief.
I. Admitted.
2. Admitted in part, denied in part. It is admitted that the parties are the parents of
two children, and that they share physical custody of said children. By way of
further clarification, the parties currently share custociy under an order dated June
14, 2000, herein attached and marked as Exhibit "A". It is specifically denied that
Respondent has been "incapacitated".
3. Admitted in part, denied in part. It is admitted that Respondent has a psychiatric
disorder. Respondent suffers from Depression, which has been treated and
monitored since it was diagnosed. It is specifically denied that her condition has
disrupted her ability to properly care for the children. Conversely, as
demonstrated in a letter from Robert G. Morrison, M.D., Ph.D. of the Holy Spirit
Hospital. Respondent is capable of providing the necessary and proper care for
her children. (See Exhibit "B"). It is admitted that Respondent continues her
Respondent continues her medical treatment or supervision, but it is denied that
she docs so as a result of a court order. Respondent has handled her condition
responsibly; participating in trcatment and counseling on her own, without thc
mandate of a court order. Any suggesting that Respondent receivcs treatmcnt and
counseling solely as a result of a mandate from a court order is specifically
denied.
4. Admittcd in part, denied in part. Respondent was hospitalized at Holy Spirit
Hospital from August 20, 2004 through September 3, 2004 for dcpression. Hcr
cxisting mcdication was adjusted and monitored for any negative effects that it
could cause. It is denied that Respondent failed to disclose this to Petitioner.
Rather, on Friday, August 20, 2004, Respondent's husband left a voice mail
messagc to Petitioner advising that Respondent would not be able to take the
children during her regularly scheduled visitation. Later, Respondent spoke direct
to Petitioner whercin it appearcd to Respondent that Petitioner was fully aware of
her hospitalization. Moreover, undersigned counsel's paralegal notified Mr.
Andes' office of Respondent's temporary hospitalization and the reason for said
hospitalization.
5. Admitted, with clarification. Rcspondent was released from the Holy Spirit
Hospital on Friday, September 3, 2004. During the time-frame when Respondent
was at Holy Spirit Hospital, the children remained in the custody of Petitioner.
However, upon her release on Friday, September 3, 2004. Respondent
immediately notified Petitioner that she was out of thc hospital and interested in
resuming the shared custody schedule. She further advised Petitioner that she had
a lelter signed by her treating physician, Dr. Morrison advising that she was fully
capable of providing carc for the childrcn. Petitioner rcfused to allow her
visitation with her children.
6. Admitted in part, denied in part. Pursuant to the Court Order of March 3, 2004,
September 3, 2004 was Respondent's regularly scheduled weekend with the
childrcn, and since mother had not seen her children during thc previous two
weeks, Respondent wantcd to see her children. It is specifically denied that
Respondent has failed to provide any information to Respondent. In fact,
Respondent spoke directly with Petitioner and advised him of her release, as well
as the contents of Dr. Morrison's Ictter. Petitioner refused to listen to
Respondent.
7. Denied.
8. Denied. At the time Respondent reeeived Petitioner's Petition for Emergency
Relicf, Responoent had no knowledge of any such document.
9. Admitted, with clarification. On July 26, 2004, Judge Hess signed an order
remanding the issue to the conciliator. A conciliation conference is currently
scheduled for October I, 2004 at 9:30 before Hubert X. Gilroy, Esquire.
10. Denied. It is denied that Respondent's exercise of physical custody will do
irrcparable hBlm. To the contrary, the refusal of the Petitioner to provide
Respondent with her shared custody rights will he harmful to the children.
a. Petitioner was offered information from Dr. Morrison which he
refused to review. The Petitioner does not have the requisite
ÿ
information to form an opinion as to the Respondent's condition.
b. Petitioner has no basis for this allegation.
I I. Denied. Respondent has complied with the order.
WHEREFORE, the Respondent requcsts that the Court to dismiss Petitioner'slDefendant's
Petition for Emergency Relief.
JAMES, SMITII, D1ElTERJCK & CONNELLY
Date: q Ill( ~)l
By:
I.)
Jljrl ' ., ~ao(l.
BRENDA ANN ATKINS,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
CrvIL ACTION - LAW
NO. 97-0455 CML
IN CUSTODY
JAMES EDWARDS ATKINS,
Defendant
COURT ORDER
AND NOW, this } ~ day of June, 2000, upon considemtion of the attached Custody
Ccncili.lticn Report~ it c; ord:red und ~"CCted as fo~o".s:
1. This Court's prior Order ofMareh 17,2000 is vacated.
2. The Mother, Brenda Ann Atkins and the Father James Edward Atkins, shall enjoy
shared legal custody of Nash Sinclair Atkins, born December 6, 1991 and Cassidy
Monroe Atkins, born June 4, 1994.
3. The parties shall share physical custody of the minor children on the following
schedule:
A. The parties shall alternate weekends from Friday at 5:30 p.m. until
Sunday at 7:00 p.m.
B. During the week following the Mother's custody weekend, the
Mother shall have custody from Tuesday at 5:30 p.m. until
Wednesday at 5:30 p.m., and again from 5:30 p.m. on Thursday until
5:30 p.m. on Friday. During the balance of those weekdays, the
children shall be in the custody of the Father.
C. During the week following Father's weekend of custody, the Mother
shall have custody from Monday at 5:30 p.m. until Tuesday at 5:30
p.m., and again from Wednesday at 5:30 p.m. until Thursday at 5:30
p.m. and the children shall be in the Father's custody the other
weekdays of that week.
4. Both parties shall afford the other parent with the right of first refusal with respect to
providing day care for the minor children when the children are in their custody and
when they will be required to be away from the children for at least three (3) hours
because of work or some other commitment.
5. Both parties shall share work schedules with the other parent as those work
schedules are received.
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BRENDA ANN (ATKINS) NUTTER,
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Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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vs.
CIVIL ACTION - LAW
NO. 97-0455 CIVIL
JAMES EDWARDS ATKINS,
Defendant
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Ii PETITION TO MODIFY
I: AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and
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I' petitions the court to modify the custody order and arrangements in this matter, based upon
I,
:' the following:
,
i 1. The moving party herein is the Defendant. The Respondent herein is the Plaintiff.
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: 2. The parties are the parents of two minor children, Nash Sinclair Atkins, born 6
i,
December 1991, and Cassidy Monroe Atkins, born 4 June 1994.
3. The parents have been sharing legal and physical custody of the children pursuant
:; to an order entered on 14 June 2000, a copy of which is attached hereto. Although there
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:' have been subsequent orders entered in this action, those orders have not made any
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i' significant change in the custody schedule.
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4. Defendant bp.lieves that it is in the best interest of the children that he be awarded
IN CUSTODY
L
primary legal and physical custody of the children for the following reasons:
A. Plaintiff has a long-standing and recurrent psychiatric and
psychological problem which occasionally requires her institutionalization and
frequently requires her to take serious psychotropic medication.
B. As a result of her psychological and psychiatric disorders, Plaintiff's
judgment is frequently impaired.
C. As a result of her psychological and psychiatric disorders, Plaintiff is
frequently unable to properly care for the children.
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JUN , 6 20ao .lIm , 2 20~~
BRENDA ANN ATKINS,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97-0455 CIVIL
IN CUSTODY
JAMES EDWARDS ATKINS,
Defendant
COURT ORDER
\
AND NOW, this / if day of June, 2000, upon colt~ideration of the attaehed Custody
Conciliation Report, it i~ ordered and directed as follows:
I. This Court's prior Order of Mareh 17,2000 is vacated.
2. The Mother, Brenda Ann Atkins and the Father James Edward Atkins, shall enjoy
shared legal custody of Nash Sinclair Atkins, born December 6, 1991 and Cassidy
Monroe Atkins, born JWle 4, 1994.
3. The parties shall share physical custody of the minor children on the following
schedule:
A. The parties shall alternate weekends from Friday at 5:30 p.m. wltil
Sunday at 7:00 p.m.
B. During the week following the MOlher's eustody weekend, the
Mother shall have custody from Tuesday at 5:30 p.m. until
Wednesday at 5:30 p.m., and again from 5:30 p.m. on ll1Ursday until
5:30 p.m. on Friday. During the balance of those weekdays, the
children shall be in the custody of the Father.
C. During the weel: following Father's weekend of custody, the Mother
shall have euslody from Monday at 5:30 p.m. until Tuesday at 5:30
p.m., and again from Wednesday at 5:30 p.m. until Thursday at 5:30
p.m. and the children shall be in the Father's custody the other
weekdays of that week.
4. Both parties shall afford the other parent with fhe right of first "efusal with respect to
providing day care for the minor children when Ule children are in their custody and
when they will be required to be away from the children for at least three (3) hours
because of work or some other commitment.
5. Both parties shall share work schedules with the olher parent as Ihose work
schedules arc received.
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SEP 08 2004 \:
BRENDA ANN ATKINS, I IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
II ) COUNTY, PENNSYLVANIA
I
II vs. ) CIVIL ACTION - LAW
I
I JAMES EDWARDS ATKINS, I NO. 97-0455 CIVIL TERM
I Defendant ) IN CUSTODY
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I AND NOW this / st~ day of VILl I,. 1/1 if / ,/
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II hereby scheduled in the chambers of the undersigned, to commence at
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il eeRfsrsRee, vu' "a,litr erdcr3 in thi3 n ,6tter are liYt'p",nril>ri ,mri .hl> f'hi1rirSR ekell ,en ".1.. I..
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ORDER OF COURT
€~J
, 2004, a conferenclfis
/ : '/5 o'clock
,the 1ft. 1:1 day of ~ f,'"t;. IJ/ II /1/ ,2004. PSRdiRg 9t1en
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:1 tflg pby[kal tuttgsy of t"9ir fatRsr, J8rllg~ E. Al~;II;:r.
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John J. Connelly, Jr., Attorney for Plaintiff, P.O. Box 650, Hershey, PA 17033
Samuel L. Andes, Attorney for Defendant, 525 N, 12'h Street, Lemoyne, PA 17043
BY THE COUR~ /1
J.
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BRENDA ANN ATKINS, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. I CIVIL ACTION, LAW
I
JAMES EDWARDS ATKINS, ) NO. 97,0455 CIVIL TERM
Defendant ) IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes,
I and moves the Court for emergency relief, based upon the following:
1 . The moving party herein is the Defendant and the responding party is the
Plaintiff .
2. The parties are the parents of two minor children. Nash Atkins, born 6
I December 1991, and Cassidy M. Atkins, born 4 June 1994. In the past the parties have
shared physical custody of the children except during periods when Mother has been
incapacitated.
3. Mother suffers from a long.term psychiatric disorder which has caused her to be
institutionalized on several occasions in the past and has otherwise disrupted her ability to
care properly for the children. As a result, prior orders of this Court have required Mother
to continue medical treatment or supervision.
4. In late August, 2004, Mother was apparently hospitalized as a result of a
psychiatric episode. Mother, her family, and her attending physician failed to disclose her
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I' hospitalization or to provide any information about her condition.
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5. Since Mother's hospitalization, the children have remained in Father's physical
custody.
6. On Friday, 3 September 2004, Mother demanded physical custody of the
children. She has refused to provide any information about her mental condition, her
medical treatment, the cause of her hospitalization, or any other matter relating to her
mental or physical condition.
7. In the past, when Mother has experienced psychiatric episodes, she has been
unable to care properly for the children and has displayed, in the presence of the children,
erratic and other unusual conduct and behavior which has upset the children.
8. Father filed a petition in early September requesting that the current custody
order be modified to award him primary physical custody of the children. That matter is
currently pending before the Court.
9. Father previously filed a petition asking this Court to modify the last order it
entered, which regulated Mother's disclosure of her medical treatment, and that matter is
currently pending before this Court.
10. Father believes that allowing Mother to have physical custody of the children at
this point, without full disclosure of her mental and medical condition, may do irreparable
harm to the children. Specifically:
A. Father does not believe that Mother is sufficiently stable to provide
a safe environment and proper and safe supervision of the children while they
are in her custody.
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BRENDA ANN (ATKINS) NUTTER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION, LAW
NO. 97-0455 CIVIL
JAMES EDWARDS ATKINS,
Defendant
IN CUSTODY
PETITION FOR DISCLOSURE OF MEDICAL INFOHMA TIO~
AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes,
and petitions the court for access to medical information regarding the Plaintiff's condition
, and treatment, based upon the following:
1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff.
2. The Plaintiff suffers from a long,standing psychiatric problem which has, in the
past, interfered with her ability to care properly for the parties' children, has resulted in
i her hospitalization for treatment, and has required her to take medication on an ongoing
basis.
3. By prior orders of this court, Plaintiff has been required to supply certain
I'
ii information to Defendant regarding her condition and her treatment for that condition. As
!i
1 a result of various proceedings before this court, the disclosure requirements of those
! ~
prior orders were relaxed and Plaintiff is no longer required to provide ongoing reports as
to her condition and treatment.
4. In early September of 2004, Plaintiff suffered a crisis in her condition which
required her hospitalization for approximately one week and which interfered with her
ability to care for the parties' children. Now pending before the court are Defendant's
i; petitions to modify the current custody order.
5. A central issue in this case is Plaintiff's mental and emotional condition.
i Plaintiff's condition is important in several ways which include:
A. In the past, Plaintiff's psychiatric condition has impaired her to the
point where she is not able to provide proper or adequate care for the
parties' children.
B. When suffering from her psychiatric and emotional difficulties,
Plaintiff engages in unusual and bizarre behavior, often times in the presence
of or involving the children, and the children become upset and confused by
this behavior.
C. The parties' children become frightened and upset when Plaintiff is
hospitalized or otherwise absent because of her condition.
6. Plaintiff is generally secretive about her condition and her treatment for that
condition and regards Defendant's request for information about those matters to be an
unreasonable intrusion into and disruption of her life. As a result, Plaintiff will not provide
information to Defendant voluntarily about her condition or treatment.
7. Defendant believes that Plaintiff's problem is chronic and will affect her the rest
of her life.
8. Defendant needs information regarding Plaintiff's condition and treatment for
the following reasons:
A. He requires information about her most recent problems and
treatment to prepare properly for the hearing now scheduled on the petition
he has filed to modify custody. Defendant believes that the court must have
complete and adequate information regarding Plaintiff's condition to
determine the issues raised in his petition.
B. He requires continuing information about Plaintiff's condition and
its treatment so that he can predict future problems Plaintiff will have and
prepare the children for them or so that, when the problems arise and
disrupts Plaintiff's life, he is aware of the problems and can help the children
deal with them.
9. Defendant has, through his attorney, requested information from Plaintiff,
through her attorney. The information he has requested includes:
A. Copies of any reports she has received from any phsycian who has
treated her for her mental or emotional conditions within the past two years;
and
B. Copies of the records from her recent hospitalization and
treatment; and
C. Copies of notes taken by, orders for medication, or reports issued
by the physicians she has seen from her recent hospitalization.
Defendant believes he needs this information to prepare properly for the hearing and to
assist him in helping the children deal with Plaintiff's conditions and the problems those
conditions cause for the children.
10. To date, Plaintiff and her attorney have made no response to Defendant's
request for this information.
11. Defendant believes that a critical issue in this case is the continuing mental
and emotional condition of Plaintiff and believes that it will be necessary for him to obtain
an independent psychiatric evaluation of Plaintiff, by a physician selected by Defendant,
to properly prepare this case for the hearing scheduled before the court.
12. Without the information and the evaluation which Defendant is requesting,
Defendant does not believe he will be able to properly and adequately prepare his case
and that the court will have all of the information it needs to properly decide the issues
raised in this matter.
WHEREFORE, Defendant prays this court to take the following actions:
A. Direct Plaintiff and her counsel to provide to Defendant and his
attorney copies of all reports she has received from any physician who has
treated Plaintiff for her mental or emotional conditions within the past two
years, copies of the records from her recent hospitalization, and copies of
notes taken by, orders for medication, or reports issued by the physician or
physicians she has seen since her discharge from her recent hospitalization;
and
B. Require Plaintiff to cooperate with Defendant to obtain a
psychiatric evaluation by a physician selected by Defendant so that such
physician can testify at the hearing scheduled in this matter in December of
2004.
~Q~
SamueT LAndes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(7171761-5361
,
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i I verify that the statements made in this document are true and correct. I
!: understand that any false statements in this document are subject to the penalties of 18
I; Pa. C.S. 4904 (unsworn falsification to authorities).
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Ii Date:
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:JAMES E. ATKINS
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BRENDA ANN IA TKINSI NUTTER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
t
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,
vs.
CIVIL ACTION, LAW
NO. 97-0455 CIVIL
JAMES EDWARD ATKINS,
Defendant
IN CUSTODY
,
i
ii
PETITION TO CLARIFY OR AMEND PRIOR ORDER
AND NOW comes the above,named Defendant, by his attorney, Samuel L. Andes,
and petitions the court to clarify or amend its order of 30 March 2004, based upon the
following:
1. The Petitioner herein is the Defendant, James Edward Atkins. The Respondent
herein is the Plaintiff, Brenda Ann Atkins-Nutter.
2. Prior orders of court entered in this matter required the Plaintiff to report of her
psychiatric care and condition to Defendant on a regular basis.
3. Over the past two years, disputes have arisen between the parties because the
I Plaintiff has not supplied the reports to Defendant in accordance with those prior orders.
,I
:: As a result of that dispute, and in an effort to resolve it, the court entered an order of 30
Ii
March 2004, a copy of which is attached hereto and marked as Exhibit A.
1\
:: 4. Defendant believes that the order entered by the court, dated 30 March 2004,
,i
, will not protect himself or the children from several contingencies that may arise with
i:
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;, regard to Plaintiff's condition. As a result, Defendant asks the court to modify its order to
,
I
ii provide for the following potential problems:
II
(, A. The order should provide that the Plaintiff and Laurel P. Bailey,
II
M.D., shall promptly notify the Defendant in the event that Plaintiff is
discharged from further care by Dr. Bailey.
B. The order should provide that the Plaintiff and Dr. Bailey shall
notify Defendant in the event that Dr. Bailey leaves the privata practice of
medicine or fails to continue to treat and examine the Plaintiff at any time In
the future.
I,
John Connolly, Jr., Esquire
For the Plaintiff
Samuel L. Andes, Esquire
For the Defendant
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BRENDA ANN NUTTER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97 - 0455 CIVIL
JAMES EDWARD ATKINS,
Defendant
CIVIL ACTION - LA W
IN CUSTODY
PETITION FOR LEAVE TO WITHDRAW
John 1. Connelly, Jr., Esquire, and the law fiml of James, Smith, Dictterick & Connelly,
LLP, hereby respectfully petition this Honorable Court for leavc to withdraw as counsel for thc
Plaintiff/Respondent, Brenda A. Nutter, pursuant to Rule 1.l6(b)(4) of thc Pennsylvania Rules of
Professional Conduct and Pa.R.C.P. 101.2 and, in support thereof, avers the following:
I. On December 18, 2003. your Petitioner agreed to represent the Respondent, Brcnda
A. Nutter in matters relating to the custody of her minor childrcn.
2. Your Petitioner attcnded a custody conciliation on October I, 2004 on behalf of thc
Respondent at which time, no agreement was reached.
3. After the Octobcr I, 2004 conciliation conference, the Petitioner wrote to Brenda
Nutter rcquesting that she provide certain infonnation in prcparation for the anticiputcd hearing.
4. As a result of the conciliation conference, on October 15, 2004 the Court entered an
Ordcr in this matter scheduling a hearing for December 29, 2004 at 9:30 a.m.
5. The October I, 2004 letter to the Respondent was followed up with numcrous
telephone calls and subsequently a letter 10 thc Respondent on October 26, 2004 enclosing a copy of
the Court's Order ofOclobcr 15,2004.
6. Again, numcrous telephone calls were made to thc Respondent which were not
rctumed. On Decembcr 3, 2004, a copy of a Petition for Disclosurc of Medical Information along
with a Rulc to Show Cause was forwardcd to the Rcspondent, again without any response from her.
.lAME5S/.rrrrl DlITrERIo; &CONNElLYW'
John J. Connell)', Jr
ill:rii',sdc com
FAX 717.533.7771
December 23, 2004
:. ( f!:J f,~'
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(.1~"I\' "(".("f!:'~
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tu.v..!:::'.';7u'~, I..
Th 717 '"'.: ~':L'
VIA UPS OVERNlGHT MAIL
Brenda A. Nutter
7 Woods Drive
Mechanicsburg, PA 17050
WW"..:';t~.c.Jt:
Dear Brenda:
Enclosed you will find a letter received today from Sam Andes which provides
the court with his Pre-Trial Memorandum and a list of witnesses he intends to call for the
hearing next week (December 29, 2004 at 9:30 a.m.).
GARY L. JAMES
MAxJ, SMITH. JR
Jo~ J. CoNNELLY. J
Scan A. DrnERlCX
JANES F. SPAO!.
MA"HEWC~.1I1
GREGORY K. AI:I1AAC
SuW4 M. KADEt,.
JAIWl W. HI.NoEuw
DclNNA. M. MUL1.1N
EDwARD p, StEBER
NEILW YAJit,
CouR1HEYLKIsHe.
KlNBERL y A. DEWm
Your failure to respond to my letters or phone calls has placed me in an
impossible position to represent your interest in this action. I am obligated to appear at
the time of the hearing, however, I am not prepared to go forward in presenting your
position without your cooperation.
Our office will be closed on Friday, December 24' 2004 as well as Monday,
December 27, 2004.
OJ' COUNStL:
MANuY DEAs t
KOCHA.l..SKJ.u.c
COllAIaJS, OM
BERNARD A. RVAN. JFl
t-EASHEY. PA
If you do not contact me by 9:00 a.m. on December 28, 2004, I will prepare a
Petition to withdraw from your case and will present it to the court at the time of the
hearing. Any responsibility to secure a continuance in order to present your position will
be your responsibility.
After our messages and letters, I was hopeful that you would finally contact me
after receipt of the Court's Rule to Show Cause in my letter of December 3, 2004. A
copy of both the Rule to Show Cause and my correspondence is enclosed. Since I have
not heard from you, I have no idea how to move forward to present your position. I trust
you will understand the importance of a contact with my office no later than 12:00 Noon
on December 28, 2004
Please feel free to leave a voice mail message at any time over the weekend at
533-3280 extension 3045 since I intend to be in the office at some point in time on
Monday, December 27, 2004, even though the office will be closed. I could also return a
call from a message left at that time.
.
BRENDA ANN NUTTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97 - 0455 CIVIL
v.
JAMES EDWARD ATKINS,
Dcfcndant
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connclly, Jr., Esquirc, of Jamcs, Smith, Dictlcrick & Connclly, pctitioncr in thc
abovc-captioncd mattcr, hcrcby certify thai I havc servcd a copy of Pc tit ion for Lcavc to
Withdraw Appcarancc on thc following on Ihc datc and in thc manncr indicalcd below:
U.S. MAIL. FIRST CLASS. PRE-PAID
Samucl L. Andcs, Esquirc
525 North Twclfth Strcet
Lemoync, P A 17043
Brcnda A. Nutter
7 Woods Drivc
Mcchanicsburg, P A 17050
JAMES, SMITH, DIETTERlCK & CONNELLY
DATE:
.,GJ
By:'-
John . Connelly, Jr., Esquirc
lPost mcc Box 650
Hcrstl y.l'J\ 17033 '---
(717) 533-3280
PA!.D. No. 15615
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BRENDA ANN (ATKINS) NUTTER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 97-0455 CIVIL
JAMES EDWARDS ATKINS,
Defendant
IN CUSTODY
PETITION FOR DISCLOSURE OF MEDICAL INFORMATION
AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes,
and petitions the court for access to medical information regarding the Plaintiff's condition
and treatment, based upon the following:
1. The Petitioner herein is the Defendant. The RI9spondent herein is the Plaintiff.
2. The Plaintiff suffers from a long-standing psychiatric problem which has, in the
past, interfered with her ability to care properly for the parties' children, has resulted in
her hospitalization for treatment, and has required her to take medication on an ongoing
basis.
3. By prior orders of this court, Plaintiff has been required to supply certain
information to Defendant regarding her condition and her treatment for that condition. As
a result of various proceedings before this court, the disclosure requirements of those
prior orders were relaxed and Plaintiff is no longer required to provide ongoing reports as
to her condition and treatment.
4. In early September of 2004, Plaintiff suffered a crisis in her condition which
required her hospitalization for approximately one week and which interfered with her
ability to care for the parties' children. Now pending before the court are Defendant's
petitions to modify the current custody order.
5. A central issue in this case is Plaintiff's mental and emotional condition.
Plaintiff's condition is important in several ways which include:
A. In the past, Plaintiff's psychiatric condition has impaired her to the
point where she is not able to provide proper or adequate care for the
parties' children.
Ii
II
II
B. When suffering from her psychiatric and emotional difficulties,
Plaintiff engages in unusual and bizarre behavior, often times in the presence
of or involving the children, and the children become upset and confused by
this behavior.
C. The parties' children become frightened and upset when Plaintiff is
hospitalized or otherwise absent because of her condition.
6. Plaintiff is generally secretive about her condition and her treatment for that
condition and regards Defendant's request for information about those matters to be an
unreasonable intrusion into and disruption of her life. As a result, Plaintiff will not provide
information to Defendant voluntarily about her condition or treatment.
7. Defendant believes that Plaintiff's problem is chronic and will affect her the rest
of her life.
S. Defendant needs information regarding Plainti1ff's condition and treatment for
the following reasons:
A. He requires information about her most recent problems and
treatment to prepare properly for the hearing now scheduled on the petition
he has filed to modify custody. Defendant believ,es that the court must have
complete and adequate information regarding Plaintiff's condition to
determine the issues raised in his petition.
B. He requires continuing information about Plaintiff's condition and
its treatment so that he can predict future problems Plaintiff will have and
prepare the children for them or so that, when thl~ problems arise and
disrupts Plaintiff's life, he is aware of the problems and can help the children
deal with them.
9. Defendant has, through his attorney, requested information from Plaintiff,
through her attorney. The information he has requested includes:
A. Copies of any reports she has received from any phsycian who has
treated her for her mental or emotional conditions: within the past two years;
and
B. Copies of the records from her recent hospitalization and
treatment; and
C. Copies of notes taken by, orders for modication, or reports issued
by the physicians she has seen from her recent hospitalization.
II
Defendant believes he needs this information to preparEI properly for the hearing and to
assist him in helping the children deal with Plaintiff's conditions and the problems those
conditions cause for the children.
10. To date, Plaintiff and her attorney have made no response to Defendant's
request for this information.
11. Defendant believes that a critical issue in this case is the continuing mental
and emotional condition of Plaintiff and believes that it will be necessary for him to obtain
an independent psychiatric evaluation of Plaintiff, by a physician selected by Defendant,
to properly prepare this case for the hearing scheduled before the court.
12. Without the information and the evaluation which Defendant is requesting,
Defendant does not believe he will be able to properly a.nd adequately prepare his case
and that the court will have all of the information it needs to properly decide the issues
raised in this matter.
WHEREFORE, Defendant prays this court to take the following actions:
A. Direct Plaintiff and her counsel to proviide to Defendant and his
attorney copies of all reports she has received from any physician who has
treated Plaintiff for her mental or emotional conditions within the past two
years, copies of the records from her recent hospitalization, and copies of
notes taken by, orders for medication, or reports issued by the physician or
physicians she has seen since her discharge from her recent hospitalization;
and
B. Require Plaintiff to cooperate with Defemdant to obtain a
psychiatric evaluation by a physician selected by Defendant so that such
physician can testify at the hearing scheduled in this matter in December of
2004.
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sam~
Attorney for Defl!mdant
Supreme Court II) # 17225
525 North 12th Street
Lemoyne, Pa 1 7043
(717) 761-5361
-
II
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 1 8
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
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BRENDA ANN (ATKINS) NUTTER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 97-0455 CIVIL
JAMES EDWARDS ATKINS,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW this 3()' day of N~ , 2004, upon consideration
of the attached Petition, a Rule is hereby issued upon the Plaintiff to show cause, if any
she has, why the relief prayed for therein should not be granted.
The Rule shall be served upon Plaintiff's counsel of record and shall be returnable
z.o days from the date of service.
BY THE COURT,
Distribution:
Ai
J.
00hn J. Connelly, Jr., Esquire (Attorney for Plaintiff)
P.O. Box 650, Hershey, PA 17033
~muel L. Andes, Esquire (Attorney for Defendant)
525 North 12th Street, Lemoyne, Pa 1704~:
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BRENDA ANN NUTTER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAN]) COUNTY, PENNSYLVANIA
v.
: NO. 97 - 0455 CIVIL
JAMES EDWARD ATKINS,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR LEAVE TO WITHDRAW
John 1. Connelly, Jr., Esquire, and the law firm of James, Smith, Dietterick & Connelly,
LLP, hereby respectfully petition this Honorable Court for leave to withdraw as counsel for the
Plaintiff/Respondent, Brenda A. Nutter, pursuant to Rule 1.16(b)(4) of the Pennsylvania Rules of
Professional Conduct and Pa.R.c.P. 101.2 and, in support thereof, avers the following:
1. On December 18, 2003, your Petitioner agreed to represent the Respondent, Brenda
A. Nutter in matters relating to the custody of her minor children.
2. Your Petitioner attended a custody conciliation on October 1,2004 on behalf of the
Respondent at which time, no agreement was reached.
3. After the October 1, 2004 conciliation conference, the Petitioner wrote to Brenda
Nutter requesting that she provide certain information in preparation for the anticipated hearing.
4. As a result of the conciliation conference, on October 15,2004 the Court entered an
Order in this matter scheduling a hearing for December 29,2004 at 9:30 a.m.
5. The October 1, 2004 letter to the Respondent was followed up with numerous
telephone calls and subsequently a letter to the Respondent on October 26, 2004 enclosing a copy of
the Court's Order of October 15,2004.
6. Again, numerous telephone calls were made to the Respondent which were not
returned. On December 3, 2004, a copy of a Petition for Disclosure of Medical Information along
with a Rule to Show Cause was forwarded to the Respondent, again without any response from her.
Telephone calls were made to the Respondent's home by both the Petitioner and the Petitioner's
paralegal, none of which were returned.
7. After several telephone calls on the morning of December 23,2004, your Petitioner
sent the attached letter, marked Exhibit "A", by overnight mail to the Respondent advising her that
unless the Petitioner was contacted by no later than 9:00 a.m. on Tuesday, December 28, 2004, the
Petitioner intended to present a Petition to the Court to Withdraw from the action.
8. As of 4:30 p.m. on Tuesday, December 28, 2004, the Respondent has not contacted
the Petitioner regarding the hearing to be held on Wednesday morning, December 29,2004 at 9:30
a.m.
9. The Respondent has an outstanding balance to the Petitioner of $2,332.13 as of
December 17,2004. The last payment applied to the bill was $110.00, the balance in retainer on
August 2, 2004. The Respondent was sent monthly statements regarding the balance due.
WHEREFORE, Petitioner, John J. Connelly, Jr., Esquire, respectfully requests leave to
withdraw his appearance as attorney for Plaintiff, Brenda Ann Nutter.
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY
Dale: \a) dS \D ~
VERIFICATION
John 1. Connelly, Jr., Esquire, represents that he is the attorney for the Plaintiff/Respondent,
Brenda Ann Nutter, in this case and is familiar with the facts concerning the parties, and verifies that
the statements made in the foregoing document true and COITect. He understands that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date:
\J--~ D '-'\
EXHIBIT "A"
JAMES SMITH DmrrERIo< & CONNELLY UP
John J. Connelly. Jr.
iiclalisdc.com
FAX 717.533.7771
December 23,2004
VIA UPS OVERNIGHT MAIL
Brenda A. Nutter
7 Woods Drive
Mechanicsburg, P A 17050
Dear Brenda:
Enclosed you will find a letter received today from Sam Andes which provides
the court with his Pre-Trial Memorandum and a list of witnesses he intends to call for the
hearing next week (December 29, 2004 at 9:30 a.m.).
Your failure to respond to my letters or phone calls has placed me in an
impossible position to represent your interest in this action. I am obligated to appear at
the time of the hearing, however, I am not prepared to go forward in presenting your
position without your cooperation.
Our office will be closed on Friday, December 24' 2004 as well as Monday,
December 27, 2004.
If you do not contact me by 9:00 a.m. on December 28, 2004, I will prepare a
Petition to withdraw from your case and will present it to the court at the time of the
hearing. Any responsibility to secure a continuance in order to present your position will
be your responsibility.
After our messages and letters, I was hopeful that you would finally contact me
after receipt of the Court's Rule to Show Cause in my letter of December 3, 2004. A
copy of both the Ru1e to Show Cause and my correspondence is enclosed. Since I have
not heard from you, I have no idea how to move forward to present your position. I trust
you will understand the importance of a contact with my office no later than 12:00 Noon
on December 28,2004
Please feel free to leave a voice mail message at any time over the weekend at
533-3280 extension 3045 since I intend to be in the office at some point in time on
Monday, December 27,2004, even though the office will be closed. I could also return a
call from a message left at that time.
! I
J.5.).
PO BOX 650
H::RSHc1', Pi'. 170
COUrlE-f Addre!;:s
134 SIPE ~.VEtIUE
HUMMELSTOWN, Pi< l'
TEL. 7" i 7.583.3280
WWW.JSOC.CDIVI
GARY L. JAMES
MAX J. SMITH, JR.
JOHN J. CONNELLY, JI
SCOTT A. DIETTERICK
JAMES F. SPADE
MATTHEW CHABAL, III
GREGORY K. RICHARC
SUSAN M. KADEL
JARAD W. HANDELMAt
DONNA M. MULLIN
EDWARD P. SEEBER
NEIL W. YAHN
COURTNEY L. KISHEL
KIMBERLY A. DEWITT
OF COUNSEL
MANLEY DEAS &
KOCHALSKI, U.c
COLUMBUS,OH
BERNARD A. RYAN. JR
HERSHEY. PA
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BRENDA ANN NUTTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97 - 0455 CrvIL
JAMES EDWARD ATKINS,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
RULE
AND NOW, this z.9~ day of ~
, 2004, upon consideration of the
Petition to Withdraw as counsel for Plaintiff, Brenda Ann Nutte:r, a Rule is hereby entered upon
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Plainti~o show cause why the Petition should not be granted.
Rule returnable Hi ':.'ritiRg QR the day of ,2004. w~...:
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BY THE COURT:
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A. HESS, JUDGE
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however, said parties must assure the presence of the children at any hearing in this matter.
John Connolly, Jr., Esquire
F or the Plaintiff
Samuel L. Andes, Esquire
F or the Defendant
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BY THE COURT,
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BRENDA A. ATKINS-NUTTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
97-0455 CIVIL
JAMES EDWARD ATKINS,
Defendant
IN RE: CUSTODY
ORDER
AND NOW, this 2' # day of December, 2004, this matter having been called for
hearing and neither the plaintiff/mother nor the children having appeared, pending further order,
it is ordered and directed that:
1. Legal custody ofthe children, Nash Atkins born Decl~mber 6, 1991, and Cassidy born
June 4, 1994, is awarded to their father, James E. Atkins.
2. Primary physical custody ofthe children is awarded to their father, James E. Atkins,
subject, however, to periods of partial custody in the mother, Brenda A. Atkins-Nutter, as
follows:
a. Every other weekend, commencing January 8, 2005, from Saturday at 9:00 a.m.
until Sunday at 6:00 p.m.
b. Every Wednesday from 5:00 p.m. until 8:00 p.m.
c. On holidays and other times as the parties shall agree.
d. The mother's periods of partial custody to be monitored by her husband, Ronald
Nutter.
This order is entered without prejudice to either party to request further hearing,