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HomeMy WebLinkAbout97-01812 ~ .~ - ~ "t ~ ~ () 117 2 \J , ~ \t) ! So \! - . . ~ .. '-J C'J ;;;; ....... , ~. 0'- " \~. 'f~ ~~ ' ') ,.." "If!" r .< / , KATHI AMICK IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA PLAINTIFF V. ANTHONY T. STEVENSON 97-1812 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORnER OF COIIRT AND NOW, this 12TH day of JULY ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq, ,the conciliator, at 39 West Main Street, Mechanlcsburg, PA 17055 on the TIll day ofEPTEMBE ,2000, at 11:00 AM for a Pre-Hearing Custody Conferencc. 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 cnter into a temporary order. All children age five or older may also be present at the confercnce. Failure to appcar at the confercnee may provide grounds for entry of a temporary or pennanent order. FOR TIlE COURT, By: /5/ DawlI S. SUllday. Esqb,9 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having busincss 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 ATrORNEY AT ONCE. IF YOU DO NOT HAVE AN A TrORNEY 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 A venue Carlisle,Pennsylvania 17013 Telephone (717) 249-3166 Guy II, Brooks, Esquire J.D. No, 49672 GOLDBERG, KATZMAN 8. SIIIPMAN, P.C. no Markel S!r.,,! 1',0, Box 1268 IIarrisburg,l'A 17108-1268 (717)234~t61 Attorneys for llcfellwlIIl KA THI AMICK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. : No, 1812 Civil 1997 ANTHONY T. STEVENSON, Respondent : Civil Action - Law RULE AND NOW, this _ day of , 2000, a Rule is issued upon the Respondent to show cause why the visitation Order of June I, 1999 should not be modified pending review of father's changed work circumstances, This Rule is returnable within 20 days after date of service. It shall be Petitioner's responsibility to serve the Respondent by first class mail. Edward E. Guido, Judge I I Ouy II, Brooh, Esquire t,D, No, 49672 GOLDBERG, KATZMAN & SIIIPMAN, P.C. 320 Market Strc'Cl 1',0, Box 1268 IInrrisburg,l'A 17108-1268 (717)234-1161 Allomey. for Defend""l Petitioner : IN THE COURT OF COMMON PLEAS, ; CUMBERLAND COUNTY, PENNSYL VANIA ~ KATHI AMICK, v. : No. 1812 Civil 1997 !/o ANTHONY T. STEVENSON, Respondent : Civil Action - Law ORDER AND NOW, this _ day of ,2000, it is hereby ordered that father's visitation be suspended until such a time as this matter is heard before a Conciliator. Edward E. Guido, Judge Ouy II, Brooks, Esquire 1.1>, No. 49672 GOLDBERG, KATZMAN & SIIIPMAN, P.C. 3211 Markel SlrL'C1 ),,0, Box 1268 Harrisbur8. PA 17108-1268 (717)234-4161 Altomeys ror Ileremlunl KATHI AMICK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA [ ~' Petitioner v. : No, 1812 Civil 1997 ANTHONY T, STEVENSON, Respondent : Civil Action - Law ORDER AND NOW, this day of , 2000, upon consideration of the within Petition, it is hereby directed that the parties and their respective counsel, if any, appear before , the conciliator, at Pennsylvania, on . 2000, at m, 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 a temporary order, All children aged five or older may also be present at the conference. Failure to appear at the confereoce may provide grounds for entry of a temporary or permanent order. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, P A 17013 (7 I 7) 249-3 I 66 Guy II. Brooks, Esquire J.[), No, 49672 GOLDBERG, KATZMAN & SIIIPMAN, P.C. 320 Murkel Slre..,t 1',0, Box 1268 llorrisburg,l'^ 17108-1268 (717)234-1161 ^l1omcys for Defendont Petitioner : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA KATHI AMICK, v, : No. 1812 Civil 1997 ANTHONY T, STEVENSON, Respondent : Civil Action - Law PETITION FOR MODIFICATION OF VISITATION ORDER OF JUNE I. 1999 AND NOW, the Petitioner by and through her attorneys Goldberg, Katzman & Shipman, P.C, and Guy H. Brooks, Esquire files the following Petition for Modification of Visitation Order of Court dated June I, 1999, averring as follows: 1. On June I, 1999, the Honorable Edward E. Guido issued a visitation order which granted partial custody to the father as follows: (a) During his five days otTwork commencing at 6:00 p.m. on his last day of work and ending at noon on the day he is to return to work; VERIFICA TION I, Guy H, Brooks, Esquire, hereby acknowledge that [ am the attorney for the Petitioner that I have read the foregoing Petition for Modification of Visitation Order of June I, [999 and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. The Petitioner' s Verification is unavailable at present, but will be filed with the Court when it becomes available. I understand that any false statements herein are made subject to penalties of 18 Pa, C.S. 94904, relating to uosworn falsification to authorities. By: ;f N D ~1 Guy H. Brooks, Esquire Goldberg, Katzman & Shipman, P,C. 320 Market Street Strawberry Square P.O. Box [268 Harrisburg, P A 17108-1268 [717] 234-4161 Attorney 1.0. No. 49672 Date: 1{loloJ Attorneys for Petitioner Anthony T. Stevenson 1106 Yverdon Dr. Apt. B8 Camp Hill, PA 17011 Kathleen Amick 416 State St. Enola, PA 17025 May 29, 2000 Ms. Amick, This letter is my request for the first week vacation of the year 2000. I am requesting the week of July 24, 2000 thru July 30, 2000. That means I will have him from July 18,2000 at 5:30pm, (regular scheduled visit), straight thru to July 30, 2000at 12:00noon. Vacation plans have been made. Thank You, Anthony T. Stevenson In all other respects our Order of May 24, 1999, as modified by our Order of November 7,2000, shall remain in full force nnd effect. Edward E. Guido, J. Robert P. Kline, Esquire Guy H. Brooks, Esquire :sld 11oIIUlI' I'. KI.I~I':. ESI}. November 17,2000 Hon. Edward E. Guido Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Anthony T. Stevenson v. Kathi Amick No. 1812 Civil 1997 Dear Judge Guido: Enclosed with this letter please find a Pre-Hearing Memorandum that I submit to you on behalf of my client, Anthony T. Stevenson, in anticipation of the hearing scheduled for Monday, November 27, 2000. ~~ ROBERT P. KLINE, ESQUIRE RPK/srf Enclosure cc: Anthony T. Stevenson Guy H. Brooks, Esquire :1 J IIlld~l' Slll.'l'l I'.n II.., .1(,1 'l'll ('III11I-"ll.llhl. 1'\ 1"'1):11 , 7171 "~",~"1O (:'171 ~ I \ '''10 1.\\ t 7171 ;:l) ~'i'i I ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I vs. NO. 1812 CIVIL 1997 KA THI AMICK, Defendant CIVIL ACT/ON - LA W PRE-HEARING MEMORANDUM AND NOW, comes Anthony T. Stevenson, by and through his counsel, Robert P. Kline, Esquire, and files the following pre-hearing memorandum in anticipation of the hearing scheduled before the Honorable Edward E. Guido for Monday, November 27,2000: J. POSITION ON CUSTODY Anthony Stevenson is the father and Kathi Amick is the mother ofChanse Stevenson, who is five years old and presently enrolled in kindergarten at West Creek Hills Elementary School in the East Pennsboro School District. The parties are presently operating under an existing Order of Court entered following a hearing on May 24, 1999 which provided Mother with primary physical custody and Father with periods of partial physical custody which were, at the time, structured around Father's days off from work while he was employed at Fry Communications. Father no longer works at Fry Communications and is presently employed by CMC Environmental Hazard Abatement of Lehighton, Pennsylvania, and works Monday through Friday from 7:00 AM to 3:00 PM. TIle basis for this hearing is Mother's petition for modification based upon Father's change in work schedule. Mother, without any real justification, is adamant that the child should be in her home on each and every school night. FurthemlOre, Mother's action may be motivated by support issues, in that Father overheard a conversation to that effect between Mother and her counsel following a support conference over this past summer shortly before this current custody action was initiated. Ideally, Father would prefer a retum to the former schedule prior to the MIlY 24, 1<)<)<) Order, which provided for altemating weeks with Mother and Father. At the very lellst, he desires that the current schedule remllin the slime. 'Ille current schedule provides him with time not only on weekends with his son, but III so during the week, when he clln hllve IInllctive role in his day-to-day life lind, more importantly, a dllily role in his educlltion. Fllther's work schedule allows him to arrive home at about the slime time that the child IIrrives home from school ellch day at around 3:30 PM. Father and child both highly value this lJulIlity time IInd Fllther feels it is important that he has the opportunity to put his child to bed in his own home on II regulllr basis. Mother's desire to limit Father's time to weekends would dellY himllnd the child this important opportunity. Both Father's wife, Lori Stevenson, IInd his pnrents, Bob IInd Nlln Stevenson, if necessary, arc available to take the child to school in Ihe moming. In the event that, after hearing, the Court would detel111ine that a new schedule is appropriate, Father requests that he be allowed a minimum of five ovemights every two weeks, as he currently hilS, as it is Father's belief that child support issues arc the ultimate reason for Mother taking action in this matter. In addition, Father also requests that the Court consider chnnging the holidllY schedule to provide for altemating holidays, as the present schedule docs not allow himllny time with his child on1l1anksgiving, nor docs it provide himtillle with his child on Christmlls. Finally, following the last hearing on MIlY 24, 1999, this Court determined thllt Father's parents, Bob and Nan Stevenson, the patemal grandparents of the child, lire entitled to one ovemight visitation of 48 hours per month to be IIrranged with Mother and such other visitlltion as Father may allow during his periods of partial custody. As the Court in its wisdom determined at the last hearing, a significant bond exists between this child and his patemal grandparents, and Father requests that this langullge relllllin in any order that the Court may enter. II. WITNESSES I. Anthony Stevenson _ Tony Stevenson will testifY regarding the stability in his life, including his relationship with his wife, Lori Stevenson, his current living arrangements and work schedule, his relationship with his son, including his involvement in his son's day-to-day life, and his involvement in his son's education. Father, if necessary, will also testifY regarding his frustration in dealing with Mother in regard to issues involving the child and as to the conversation between Mother and her counsel that he overheard following a support conference this summer which indicates that Mother's motives in pursuing this matter may, at least in part, involve support issues. 2. Loida (Lori) Stevenson - Lori Stevenson is the wife of Tony Stevenson. She will testifY as to the current stability in their home, Chanse's comfort level in their home, the relationship between father and child from her observation, and her relationship with the child. She will also testifY as to her own personal knowledge and observation as to Father's and her involvement in the day-to-day life ofthis child. She will also testifY as to her own personal knowledge, observation, and dealings with Mother regarding this child. 3. Bob Stevenson _ Bob Stevenson is the paternal grandfather of this child. He will testifY as to his observations regarding the care that his son provides to the child, as well as his own involvement in the child's life and his willingness to continue in remaining an active and important part ofthis child's life. 4. Nan Stevenson _ Nan Stevenson is the paternal grandmother of this child. She will testifY as to her observations regarding the care that her son provides to the child, as well as her own involvement in the child's life and her willingness to continue in remaining an active and important part of this child's life. 5. Father reserves the right to call such additional witnesses as may be deemed necessary upon review of Mother's pre-hearing memorandum. Notice of any such additional witnesses will be provided to the Court and to counsel for Mother as time pennits. I KATHI AMICK, . IN THE CXJURT OF CXlMMOO PLEAS OF . Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . . . VS. . NO. 97-1812 CIVIL TERM . . . ANTHONY T. STEVENSON , CIVIL AcrION - LAW Defendant . IN CUS'IODY . auJER OF CXXlRT AND tool, this ~() '/Jl day of S~, J.l/L , 2000, upon consideration of the attached CUstody conclJ.{a~eport, it is ordered and directed as follows: A Hearing is scheduled in Court Room # 5' , of the CUrrberland County Court House, on the J. 7t:Jl day of NdVtmb E/C. , 2000, at ~ : Jo o'clock, ....8..-.m., at which time testimony will be taken. For purposes of the Hearing, the Mother, Kathi Amick, shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a SUll'lllary of the anticipated testimony of each witness. 'nlese Memoranda shall be filed at least 10 days prior to the Hearing date. Edward E. Guido, Joi: to?' q.1-\~)~ ~~ cc: Evan Kline, Esquire - Counsel for Mother Robert Kline, Esquire - COunsel for Father : Plaintiff : IN THE CXXJRT OF CXlMMON PLEAS OF : CUMBERLAND COONTY, PENNSYLVANIA " KATHI AMICK, . . vs. : NO. 97-1812 CIVIL TERM . . ANl'HONY T. STEVENSON, Defendant : CIVIL ACTION - LAW : IN cusroOy PRIOO JUDGE: Edward E. QJido CllS'lOOY a::.NCILIATIOO SU1MARY REI.'CRT m ACXXlUlANCE WITH ClI1BERLAND CXUlTY 1UJLE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody COnciliator submits the following report: 1. '!he pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTII ClJIlRan'Ly m CUS'laJY OF Chanse Stevenson July 27, 1995 Mother 2. A COnciliation COnference was held on September 14, 2000, with the following individuals in attendance: The Mother, Kathi Amick, with her counsel, Evan Kline, Esquire, and the Father, Anthony T. Stevenson, with his counsel, Robert Kline, Esquire. 3. '!his Court previously entered an Order, after a Hearing in this matter, on May 24, 1999 under which the Mother had primary physical custody and the Father had partial custody for a 5 day period on a bi-weekly schedule. '!he Order also provided for the paternal grandparents to have a 48 hour period of custody each lI'Onth. At the time of entry of the prior Order, the Father was employed at Fry Coamunications at which his work schedule provided for a 5 day period off work during each two week cycle. The Mother filed this Petition for Modification of the prior Order based on the fact that the Father no longer works at Fry OOrrmunications but now has a regular five day work week and the child has now started kindergarten. Although several possible custody schedules were discussed at length at the Conference, the parties were not able to reach an agreement and it will be necessary to schedule a Hearing. '!he basic conflict appears to be that the Mother adamantly believes that the Child should stay at his primary residence on every school night, while the Father is not willing to reduce his custody schedule from the 5 overnights every two weeks under the prior Order. In addition, child support issues may also be playing a factor in the conflict. Both parties acknowledged at the COnference that they have serious difficulty cOlTll1Ullicating with each other and it was strongly recoomended that the parties seek counselirg in an effort to addrell5 the situation which prevents them from cooperating with each other on issues related to the Child. 4. The Mother's position on custody is as follows: Now that the Child has begun kindergarten this year, the Mother believes that it is extremely important that the Child remain in her primary care during the school week. The Mother indicated that, although she is not attempting to reduce or restrict the Father's time with the Child from the prior custody arrangements, it is now necessary for the Father's periods of custody to be scheduled on the weekends. The Mother proposed that the Father have custody 00 2~ out of every 3 weekends to maximize the Father's time with the Child. The Mother was not willing to consider a custody schedule which would involve overnight periods of partial custody on school nights. 5. The Father's position on custody is as follows: The Father believes the best custody schedule for the Child is the week on/week off arrangement which the parties had uaed prior to the Court's 1999 Order. The Father also believes that the existirg schedule, under which he has cuatody of the Child from Tuesday through sunday on alternating weeks, is workirg well. The Father's first 5 day period of custody during the school year under the May 24, 1999 order began two days before the Conciliation Conference. The Father believes that it is important for him to have custody over school nights so that he can be fully involved in the Child's education. .., 'I- i_ t ,1 I I.. 6. The Conciliator reCOlllllE!nds an order in the form as attached scheduling a Hearing. It is expected that the Hearing will require at least one-half day. ~1b...~A /Lf.. ~OtJ Date IJ-uJ< j--<l.~~ Dawn s. sunday, Eaqu re euatody Conciliator (,' , I :'I~( I '( ::U(I(:P') Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA KA THI AMICK, : No. 1812 Civil 1997 v, : Civil Action- Law ANTHONY T. STEVENSON, Defendant -..-.....--........-....--..........--................------....................--......-......--......- PLAINTIFF'S MEMORANDUM REGARDING CUSTODY POSITION ......--..............................---........----------..............-..--............-..............- Dale /I/n/oo Guy H, Brooks, Esquire 1.0. No. 49672 53 West Pomfret Street Carlisle, PA 17013 (717)-245-0597 Guy H. Brook., Esquire \,0. No, 49672 GOLDBERG, KATZMAN 8< SIIIPMAN, p.e. 320 MllIkel SUcct P,O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-1161 Allomeys for PlalntilT Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA KA THI AMICK, v, : No. 1812 Civil 1997 ., ANTHONY T. STEVENSON, Defendant : Civil Action. Law ~ PLAINTIFF'S MEMORANDUM REGARDING CUSTODY POSITION r .. The paramount concern in child custody proceedings is the best interest of the r- t' child. Custody can be changed without proof of a substantial change in circumstances when it is in the best interests of the child. ~ Karis v. Karis 518 Pa. 601 (1988). Custody orders arc always subject to change, especially ifnew circumstances affect the welfare of the child. Regardless of whether custody is challeoged in original proceeding or on a motion for a change in custody, the court is required to make the same inquiry into the best interests of the child. See Kalin v. Kalin 447 Pa. Super 660 (1995). On May 24,1999, the Court of Common Pleas of Cumberland County, Pennsylvania entered an order granting Plaintiff, Kathi Amick, primary physical custody ofChanse Steveoson, subject to periods of partial custody with, Anthony Stevenson. Pursuant to the order, Anthony was to have partial custody ofChanse during his five days offwork, commencing at 6:00 p.m. on his last day of work and ending at noon on the day he was to return to work. Also, Anthony was granted up to two weeks of additional custody each year to correspond with his vacation schedule. Most importantly, the order states that each party shall keep the other party appraised of his or her home phone number and address at all times, It is this portion of the order that the defendant has repeatedly violated, At the time of this order, Anthony Stevenson resided at 105 Fleetwood Ave, Mechanicsburg, Pennsylvania, while Kathi Amick resided atl103 Yverdon Drive, Camp Hill, Pennsylvania. Since this order was entered, Anthony has changed his domicile on approximately six separate occasions, each time failing to notify Kathi. Anthony's current residence lacks heat aod hot water and is therefore not a safe environment for a five-year-old child. While Anthony has changed his residence six times, Kathi has continued to maintain the same phone number and the same address since the custody order was granted on May 24, 1999. Along with the change in domicile, Anthony has changed jobs on three separate occasions without notifying either Kathi or domestic services. At the time of the order, Anthony was employed by Fry Communications. The nature of his work schedule demanded that the custody order be developed around his work schedule. Approximately seven months aller the order was entered, Anthony changed jobs. His current work schedule is more traditional in the sense that it is a Monday through Friday work week. 2 Therefore petitioner contends that in the best interest of Chanse, this court should modify the existing custody order. Kathi should continue to maintain primary physical custody, Anthony should continue to maintain partial physical custody restricted to every other weekend. This court should leave in tact the current arrangements with regard to holiday and vacation arrangements. WITNESSES 1, Knthi Amick - Plaintiff - Kathi will testify as to Chanse's behavior, Anthony's failure to comply with the existing agreement, and ongoing communication problems. 2, Anthony T. Stevenson - Defendant - Anthony will testify about his change in circumstances. 3. Chanse Stevenson - (Judicial Interview In Camera) 4. Todd Shaeffer - will testify regarding the interactions between Kathi and Anthony and Kathi and Chanse. 5. Deb BilIott- will testify regarding the interactions between Kathi, Anthony and Anthony's wife, Lori. Respectfully Submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: 1('" 11-' 0';; By /f II /)~/ Guy H. Brooks, ESquire I.D~O' ~72 JL ' ,.... De k R. Clepper I Intern 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff 3 , I !iP.!! '( ?oorD/) Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA KA THI AMICK, : No. 1812 Civil 1997 v, : Civil Action- Law ANTHONY T, STEVENSON, Defendant ~-------------------------------------------------------------- PLAINTIFF'S MEMORANDUM REGARDING CUSTODY POSITION --------------------------------------------------------------- Date /1111/00 Guy H. Brooks, Esquire 1.0. No. 49672 S3 West Pomfret Street Carlis1e,PA 17013 (717)-245-0597 he was to return to work. Also, Anthony was granted up to two weeks of additional eustody each year to correspond with his vacation schedule. Most importantly, the order states that each party shall keep the other party appraised of his or her home phone number and address at all times. It is this portion of the order that the defendant has repeatedly violated. At the time of this order, Anthony Stevenson resided at 105 Fleetwood Ave, Mechanicsburg, Pennsylvania, while Kathi Amick resided at 1103 Yverdon Drive, Camp Hill, Pennsylvania. Since this order was entered, Anthony has changed his domicile on approximately six separate occasions, each time failing to notify Kathi. Anthony's current residence lacks heat and hot water and is therefore not a safe environment for a five-year-old child. While Anthony has changed his residence six times, Kathi has continued to maintain the same phone number and the same address since the custody order was granted on May 24, 1999. Along with the change in domicile, Anthony has changed jobs on three separate occasions without notifying either Kathi or domestic services. At the time of the order, Anthony was employed by Fry Communications. The nature of his work schedule demanded that the custody order be developed around his work schedule. Approximately seven months after the order was entered, Anthony changed jobs. His current work schedule is more traditional in the sense that it is a Monday through Friday work week. 2 Therefore petitioner contends that in the best interest of Chanse, this court should modify the existing custody order. Kathi should continue to maintain primary physical custody, Anthony should continue to maintain partial physical custody restricted to every other weekend. This court should leave in tact the current arrangements with regard to holiday and vacation arrangements. WITNESSES 1. Kathi Amick - Plaintiff - Kathi will testify as to Chanse's behavior, Anthony's failure to comply with the existing agreement, and ongoing communication problems. 2. Anthony T. Stevenson - Defendant - Anthony will testify about his ehange in circumstances. 3. Chanse Stevenson - (Judicial Interview In Camera) 4. Todd Shaeffer - willteslify regarding the interactions between Kathi and Anthony and Kathi and Chanse. S. Deb BilIott - will testify regarding the interactions between Kathi, Anthony and Anthony's wife, Lori. Respectfully Submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: ! J.- / ./ " ,;7' 7' l L J By /f/ A/ )0 Guy H. Brooks, ~squire I.r;.-ft 49/R? I 'wit WIt./ Derek R. Clepper I Intern 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff 3 '. , Wllj 1 7 'l.UOltiJ KATHI AMICK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVAN[A Plaintiff : No, [8[2 Civil 1997 v. : Civil Action- Law ANTHONY T. STEVENSON, Defendant ...------------------------------------------------------------ PLAINTIFF'S MEMORANDUM REGARDING CUSTODY POSITION --------------------------------------------------------------- Date 11/11/00 Guy H. Brooks, Esquire J.D. No. 49672 53 West Pomfret Street Carlisle, PA 17013 (717)-245-0597 Guy H. Brooks, Esquire I,D. No. 49672 GOLDBERG, KATZMAN & SIIJPJ\lAN, p.e. 320 M",kec SlrOOl P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plainliff KA THI AMICK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 1812 Civil 1997 ANTHONY T. STEVENSON, Defendant : Civil Aetion - Law PLAINTIFF'S MEMORANDUM REGARDING CUSTODY POSITION The paramount concern in child custody proceedings is the best interest of the child. Custody can be changed without proof of a substantial change in circumstances when it is in the best interests of the child. See Karis v. Karis 518 Pa. 601 (1988). Custody orders are always subject to change, especially ifnew circumstances affect the welfare of the child. Regardless of whether custody is challenged in original proceeding or on a motion for a change in custody, the court is required to make the same inquiry into the best interests ofthe child. See Kalin v. Kalin 447 Pa. Super 660 (1995). On May 24,1999, the Court ofCornmon Pleas of Cumberland County, Pennsylvania entered an order granting Plaintiff, Kathi Amick, primary physical custody ofChanse Stevenson, subject to periods of partial custody with, Anthony Stevenson. Pursuant to the order, Anthony was to have partial custody of Chanse during his five days off work, commencing at 6:00 p.m. on his last day of work and ending at noon on the day he was to return to work. Also, Anthony was granted up to two weeks of additional custody eaeh year to correspond with his vacation schedule. Most importantly, the order states that each party shall keep the other party appraised of his or her home phone number and address at all times. It is this portion of the order that the defendant has repeatedly violated. At the time of this order, Anthony Stevenson resided at 105 Fleetwood Ave, Mechanicsburg, Pennsylvania, while Kathi Amick resided at 1103 Yverdon Drive, Camp Hill, Pennsylvania. Since this order was entered, Anthony has changed his domicile on approximately six separate occasions, each time failing to notify Kathi. Anthony's current residence lacks heat and hot water and is therefore not a safe environment for a five-year-old child. While Anthony has changed his residence six times, Kathi has continued to maintain the same phone number and the same address sinee the custody order was granted on May 24, 1999. Along with the change in domicile, Anthony has changed jobs on three separate occasions without notifying either Kathi or domestic services. At the time of the order, Anthony was employed by Fry Communications. The nature of his work schedule demanded that the custody order be developed around his work schedule. Approximately seven months after the order was entered, Anthony changed jobs. His current work schedule is more traditional in the sense that it is a Monday through Friday work week. 2 Therefore petitioner contends that in the best interest ofChanse, this court should modify the existing custody order, Kathi should continue to maintain primary physical custody, Anthony should continue to maintain partial physical custody restricted to every other weekend. This court should leave in tact the current arrangements with regard to holiday and vacation arrangements. WITNESSES I. Kathi Amick - Plaintiff. Kathi will testify as to Chanse's behavior, Anthony's failure to comply with the existing agreement, and ongoing communication problems, 2. Anthony T. Stevenson. Defendant- Anthony will testify about his change in circumstances. 3. Chanse Stevenson - (Judicial Interview [n Camera) 4. Todd Shaeffer. will testify regarding the interactions between Kathi and Anthony and Kathi and Chanse. 5. Deb BillolI- will testify regarding the interactions between Kathi, Anthony and Anthony's wife, Lori. Respectfully Submilled, GOLDBERG, KATZMAN & SH[PMAN, P.C, Date: if - ! J-' o:J By ./'J 1(/ /1/) Guy H, Brooks, ESquire I.D o. 49117.2 l'rk~ Dc ek R. Clepper f Intern 320 Market Street P.O. Box 1268 Harrisburg, P A [7108. [268 (717) 234-4[61 Allomeys for Plaintiff 3 . ' " ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHI AMICK, Defendant : NO. 1812 CIVIL 1997 ORDER OF COIDIT Jt ~,o AND NOW, thiSU day Ofq~ ,1997 on consideration of the parties' joint custody agreement, the Court enters the following Order: 1. The parties are the natural parents of a minor child named Chanse R. Stevenson who was born on 7/27/95. 2. The father and mother shall share legal custody. 3. The father and mother shall share primary physical custody. The schedule for custody is as follows: Father shall have custody of the child from Sunday at 3:30 p.m. until Wednesday at 3:30 p.m. Mother shall have custody from Wednesday at3:30 p.m. until Sunday at 3:30 p.m. On every other weekend of each month, father shall also have custody from 3:30 4. Father shall have custody of the child: p.m. Saturday, until 3:30 p.m. on Sunday. The location for the pick up and drop off of the child shall be mutually agreed upon by the parties. a) on Christmas Eve from 12:00 p.m. (noon) until 10:00 p.m. b) on the Friday after Thanksgiving from 3:00 p.m. until 8:00 p.m. c) on Memorial Day and Father's Day from 10:00 a.m. until 8:00 p.m. I -__1 -' ... Mother shall have custody of the child: a) on Christmas Eve from 10:00 p.m. to Christmas Day until 4:00 p.m. b) on Thanksgiving c) on Labor Day and Mother's Day from 10:00 a.m. until 8:00 p.m, 5. Neither father nor mother shall take the child out of the state without prior wriuen authorization from the other parent. 6. The legal address of the child shall be the address of the father. 7. The parents agree that the paternal grandparents' visitation with the child shall coincide with or occur during father's periods of custody. 8. The parents may mutually agree to make temporary changes to this wriuen agreement. In the event that the parents can no longer agree about temporary changes, this Order will again control until one parent seeks a court order for modification. 9. The parties recognize that this Order shall be subject to the Order of Court dated April 17, 1996 (In the Mauer of Chanse R. Stevenson, 95-0161 Juvenile Tenn), finding the child to be dependant. In the event that this Order conflicts with the Order of Court dated April 17, 1996, the April 17, 1996 Order shall control. In the event that the dependency is tenninated, this Order shall continue to remain binding until further Order of Court. ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACfION - LAW IN : CUSTODY KA Till AMICK, Defendant . . : NO. 97 -/~/'J- CIVIL TERM COMPLAINT FOR CUSTODY NOW COMES, the plaintiff, Anthony T. Stevenson, by his attorneys, the Family Law Clinic, and sets forth the following cause of action: I. The Plaintiff is Anthony T. Stevenson, residing at 704 Erford Road, Cumberland County, Pennsylvania 170 II. 2. The Defendant is Kathi Amick, residing at 1103 Yverdon Drive, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following child pursuant to the terms of a joint Custody Agreement. ~ Lel!al Address w Chanse R. Stevenson 704 Erford Road, Camp Hill, 17011 ( 1 The child was born out of wedlock to Anthony Stevenson and Kathi Amick. A Custody Agreement between Plaintiff and Defendant has been signed and under this Agreement, Plaintiff and Defendant have joint legal custody and will share primary physical custody. A copy of the Custody Agreement is attached as Exhibit A. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address~ ~ Anthony Stevenson and 142 North 32nd Street From Birth Kathi Amick Camp Hill, PA 17011 to Nov. IS, 1995. Nan and Bobbie Stevenson 704 Erford Road, From Nov. IS, 1995 Camp Hill, PA 17011 until April 17, 1996. Anthony Stevenson and 142 North 32nd Street From April 17, 1996 Kathi Amick Camp Hill, PA 17011 to April _ 1996. Anthony Stevenson and 1103 Yverdon Drive From April_l996 Kathi Amick Camp Hill, PA 17011 to March 16, 1997. Anthony Stevenson, Bobbie 704 Erford Road From March 16, 1997 and Nan Stevenson Camp Hill, PA 17011 to present. The mother of the child is Kathi Amick, currently residing at 1103 Yverdon Drive, Cumberland County, Pennsylvania 17011. She is single. The father of the child is Anthony Stevenson, currently residing at 704 Erford Road, Cumberland County, Pennsylvania 17011. He is single. 4. The relationship of the plaintiff to the child is that of father. The plaintiff resides with the following persons: ~ Relationship Nan and Bobbie Stevenson Mother and Father, respectively Bobbie Dean Brother S. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: ~ RelntlonshlD Andrew Amick son from another relationship 6. Plaintiff has participated as a party, in other litigation concerning the custody of the child. Plaintiff and Defendant were involved in a dependency proceeding concerning the child. The Court, term, number and the relationship to this action are: Court of Common Pleas, Cumberland County, 9th Judicial District, 95-0161 Juvenile Term, In The Matter of Chanse R, Stevenson, born 7/27/95, Juvenile Dependency case. The child was returned to the mother and father on April 17, 1996. Defendant has previously raised a custody issue in the Dependency matter, which has since been resolved by Agreement, as specified in Exhibit A. Plaintiff has no information of any other custody proceeding concerning the child pending in a court of this Commonwealth. Other parties, not a party to this proceeding, who may claim to have custody or visitation rights with respect to the child are: a. Bobbie and Nan Stevenson, 704 Erford Road, Camp Hill, 17011. b. Cumberland County Children and Youth Services, 16 West High Street, Carlisle, Pa, 17013. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) the child is allowed to continue and advance his relationship with both parents. b) the child during the holidays seasons will be able to share these special times with both parents. c) the child is allowed to continue and promote his relationship with his grandparents. J ,.... . d) the parents agree that this agreement will allow the child to continue his relationship with all family members. e) it is in the best interest of the child for the parents and grandparents to reach an r amicable decision concerning the custody of the child. 8. Each person whose rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action or notified about this action. WHEREFORE, Plaintiff requests that the Custody Agreement attached as Exhibit A be made an Order of the Court. Date~ 1Jxz-~,-- PETER IMBROGNO Certified Legal Intern &;alb-A'A'" c dvv-- OMAS M. PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification authorities. Date /y'~ 1- J1? ~~ ...~ iei"'~ - . " CUSTODY AGREEMENT The parents, Anthony Stevenson (hereinafter father) and Kathi Amick (hereinafter mother), with regard to custody of their minor child, Chanse R. Stevenson, agree as follows: I. The parties are the natural parents of a minor child named Chanse R, Stevenson who was born on 7/27/95. 2. The father and mother shall share legal custody. 3. The father and mother shall share primary physical custody. The schedule for custody is as follows: Father shall have custody of the child from Sunday at 3:30 p.m. until Wednesday at 3:30 p.m. Mother shall have custody from Wednesday at 3:30 p,m, until Sunday at 3:30 p.m. On every other weekend of each month, father shall also have custody from 3:30 p.m. Saturday, until 3:30 p.m. on Sunday. The location for the pick up and drop off of the child shall be mutually agreed upon by the parties. 4. Father shall have custody of the child: a) on Christmas Eve from 12:00 p.m. (noon) until 10:00 p.m. b) on the Friday after Thanksgiving from 3:00 p.m. until 8:00 p.m. c) on Memorial Day and Father's Day from 10:00 a.m. until 8:00 p.m. Mother shall have custody of the child: a) on Christmas Eve from 10:00 p.m. to Christmas Day until 4:00 p.m. b) on Thanksgiving c) on Labor Day and Mother's Day from 10:00 a.m. until 8:00 p.m. 5. Neither father nor mother shall take the child out of the state without prior written EXHIBIT "A" ~', ~'.. ~~ ~~ -r re. l~ ~~ t.- L.:. IS \j ~. ~~ , " \~ "__1 ::., ~ " , vI ~t l ~ : \... Cl " ~ -il .... ~ ":'n :;' ;;t~ --I . ~, ) . "11 .~ liP') "C,') .-0 ,,' 111 ~ '.~ .. ~15 \0 ~ APR 0 8 1991 tY ANTIIONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. KATHI AMICK, Defendant : CIVIL ACTION - LAW IN : CUSTODY : NO. 97 -Iff/;;- Crvn. TERM ACCEPTANCE OF SERVICE I accept service of the Complaint in Custody on behalf of Kathi Amick and certify that I am authorized to do so. On behalf of Kathi Amick I request entry of the Order adopting the parents'joint Custody Agreement which was attached as Exhibit A to the Complaint. Date:~1 ? I tr?rt /' L :-1 ;1/ ~ ~ LJt'r - n Wesley Weigel nI,Esq. Attorney for Kathi Amick 7- rv....~ c (Co"; ~l H;51, Street Carlisle, PA 17013 " \ f I () ..0 c: -..J () I -nf(~ -,. -... 9}!'; -0 :;) ~ -;. ' -J !l:-ry i (j'je" I hi -..' .-.) .Rc-J r-:.'-- , '0 .-t" ';:J -" "'U ~:Cl . -'1 ;:.': (i=' ....-t,. ; --r.: L- '~ i5' g; '" s;! - ::0 .~ -< ~ , I I I , I .i I I , i I ! ANTHONY T. STEVENSON, Plaintiff IN THE CXXJRT OF COOMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-1612 CIVIL TERM KATHI AMICK, Defendant CIVIL Acr'ION - LAW IN cusroOy PR!CI{ JlJDGE: Edward E. Glido CllS'lOOY <XH:ILIATIOO SlHWlY REPan' m A<XnUlANCE WITH cnmERLAND CXXNl'Y RULE OF CIVIL m:"K1(JRE 1915.3-6, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CllRRIlm'Ly IN Clm'OOY OF Chanse R. Stevenson July 27, 1995 Mother/Father 2. A COnciliation COnference was held on February 2, 1999, with the following individuals in attendance: The Father, Anthony T. Stevenson, with his counsel, Judson Perry, Legal Intern and Robert E. Rains, Esquire, and the Mother, Kathi Amick, with her counsel, Marlin R. McCaleb, Esquire. 'Itlis Court previously entered an Order on April 21, 1997, based on an agreement of the parties, providing for shared legal and equally shared physical custody of the Child. The Mother filed a Petition to Modify, seeking primary physical custody, in November and the Father filed a Cross Petition for primary physical custody in Decerrber. The parties were not able to reach an agreement on the issue of primary custody at the Conference and it lIill be necessary to schedule a Hearing. 3. The Mother's position on custody is as follows: The Mother believes it lIOuld be in the Child's best interest to reside primarily with her. According to the Mother, a primary custody arrangement would provide additional stability for the Child, particularly because the Mother does not IIOrk outside the home. The Mother believes that when the Father has custody of the Oli1d under the current schedule, the Child spends ll'Ost of the time with the paternal grandparents due to the Father's extensive work hours. The Mother proposed a custody schedule \/hereby she lIOuld have primary physical custody during the weekdays and the Father would have custody of the Oli1d on two out of three weekends. 'Itle Mother also mentioned that under the current schedule, the Child does not get to spend enough time with his older brother, who also resides with the Mother. The Mother expressed concern that the Child was returning fran the Father's periods of custody IIi th severe diaper rash (denied by Father). 4. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reside primarily with him or to continue under the shared custody schedule currently in existence. The Father also expressed concerns about the Child's bouts of serious diaper rash which the Father believed occurred during the Mother's periods of custody (denied by Mother). The Father indicated that the Mother frequently has extended his periods of custody VOluntarily although without much advance notice to the Father. The Father denied the Mother's allegations with respect to his long work hours and the amount of time the Child was spending with the paternal grandparents. According to the Father, the Child spends minimal periods of time with the grandparents only when the Father is working. Although the Father was willing to agree to continue use of the Child's prior pediatrician as requested by the Mother and to enroll the Child in a preschool next year in the Mother's school district, the Father adamantly opposes any reduction in his time with the Child. 5. The Conciliator reCOll111ends scheduling a Hearing in this matter. require from one-half to one full day. an Order in the form as attached It is expected that the Hearing will J.e.h ruorJ Date ,5, 1'1'29 , M.~ j",/'l~r Dawn s. Sunday, Esqulre Custody Conciliator ANTHONY T. STEVENSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 97.1812 CIVIL TERM KA THI AMICK, CIVIL ACTION - LAW Defendant IN CUSTODY PRE-HEARING MEMORANDUM AND NOW, comes Anthony Stevenson, by and through his counsel, Robert Peter Kline, Esquire, and files the following pre-hearing memorandum in anticipation of the hearing scheduled before the Honorable Edward E. Guido for Monday, May 24,1999: J. Position on Custody. Anthony T. Steveoson is the father of Chanse Stevenson (date of birth: July 27, 1995). Kathi Amick is the mother of the child. The parties presently enjoy a split custody arrangement whereby each party has physical custody ofthe child for approximately one-half of the time. Mother filed a Petition for Modification of Custody seeking primary physical custody; Father then cross-filed, also seeking primary physical custody. Father presently resides at 13 Pheasant Court, Mechanicsburg, Cumberland County, Pennsylvania, with his wife, Laida (Lori) Stevenson. Both are employed at Fry Communications. Tony and Lori have been married since June 1998 and lived together for approximately one year prior to their marriage. They are able to provide a stable, safe and nurturing home for Chanse. Tony's parents, Bob and Nan Stevenson, Chanse's paternal grandparents, are also a source of stability in the child's life and, in fact, served as custodian for the child during a Children and Youth investigation of both parents for a number of months early in the child's life. Father believes that Mother is not able to provide a stable home for the child at the present time. Mother chooses not to work, relying I I solely upon social security payments received on her behalf and on behalf of her son, Andrew Amick, as a result of a death of a prior husband. She has resided off and on with her boyfriend, Todd Shaffer, for a period of time. Father believes that his residence is a more appropriate residence for his child based upon his stability as described above and based upon the instability in Mother's household, as related to him by Mother's representations that she has separated with Mr. Shaffer on a number of occasions. More importantly, the child has been returned to Father on numerous occasions unbathed, in dirty clothes, and complaining of hlmger. Mother also regularly contacts either Father or Father's parents requesting to drop the child off early. Mother has demonstrated by her actions an inability to provide an adequate level of care for the child and, therefore, primary physical custody with the Father is more than justified. il f' 11 !I I I i I i I II. Witnesses. I. Tony Stevenson, 13 Pheasant Court, Mechanicsburg, PA 17055: Tony Stevenson is the father ofChanse Stevenson and will provide testimony as to the stability of his household, his employment situation, his ability to provide care for the child, and the support that he receives from both his wife and his parents in regard to caring for the child. He will also testifY as to his concerns regarding Mother's care for the child, especially the condition in which the child returns after spending time in Mother's home, including but not limited to the child's cleanliness, the condition and cleanliness of the child's clothes, the child's behavior, the child's complaints of hunger, and the child's complaints as to physical discipline imposed by Mother. He will also testifY as to Mother's refusal to communicate regarding issues related to the child and Mother's attempts at manipulating the custody situation. 2. Loida (Lori) Stevenson, 13 Pheasant Court, Mechanicsburg, PA 17055: Loida Stevenson is Father's wife. She will testifY as to her role in providing care for the child, her observation as to her husband's ability to care for the child, as well as her own personal observations on the issues described in the description of Father's anticipated testimony above. 3. Nan Stevenson, 704 Erford Road, Camp Hill, PA 17011: Nan Stevenson is Father's mother and Chanse's paternal grandmother. She has had a significant role in the child's life ever since the child was placed with her by the Honorable George E. HolTer at a very young age. She will testify as to her observation of the child's condition, the condition of the child's clothing, complaints of hunger, and illness and diaper rash, on occasions when the child has been returned to her care by Mother. She will also testify as to occasions where the child has been delivered to her house by Mother as much as a day or two early, sometimes without notice. She will also testify as to the medical treatment she has sought for the child after the child has been returned by the Mother. 4. David Linkey, 104 Fleetwood Avenue, Mechanicsburg, PA 17055: Father and his family resided within Mr. Linkey's home for a number of months in 1997. Mr. Linkey would be in a position to testify as to how Chanse was cared for by his father and stepmother while they resided in his horne, as well as provide testimony as to the condition of the child at times when he left to stay with his mother and the condition of the child when he returned from staying with his mother. 5. Father r~serves the right to call such additional witnesses as may be deemed necessary upon review of Mother's pre-hearing memorandum. Notice of any such additional witnesses will be provided to the Court and to counsel for Mother as time pennits. I i i I I f~ ! III. ProDosed DisDosition. Anthony Stevenson, father of Chanse Stevenson, respectfully requests that he be granted primary physical custody of the child subject to the following periods of partial custody for Mother: A) Alternate weekends from Friday at 4:00 PM until Sunday at 4:00 PM; B) Two (2) weeks of summer vacation partial custody upon 30 days notice to Father; C) Christmas Day from 2:00 PM until 9:00 PM. IV. Conclusion. Anthony Stevenson, father of Chanse Stevenson, respectfully requests that this Honorable Court grant to him primary physical custody of his son, subject to reasonable periods of partial custody for Kathi Amick, mother of the child. Respectfully submitted, 11.. w.J, --{ 1'\ C\. i DATE < ~WKo "- ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ROBERT PETER KLINE Attorney & Counsellor at Law 331 Bridge Slreet, Sulle 350 Post OHlce Box 461 New Cumberland, Pennsylvania 17070-0461 (717) 770-2540 lax (717) 770-2553 HAY 1 3 1999 May 12, 1999 I I I I I I I I I I I i r I Hon. Edward E, Guido Cumberland COWlty Courthouse I Courthouse Square Carlisle, PA 17013 Re: Anthony T. Stevenson v. Kathi Amick No. 97-1812 Civil Term Dear Judge Guido: Enclosed with this leller please find a Pre-Hearing Memorandum which I file on behalf of my client, Anthony T. Slevenson, in anticipation of the custody hearing scheduled in your courtroom on Monday, May 24, 1999. Very truly yours, h2J-+=1~ ROBERT PETER KLINE, ESQUIRE RPKlsrf Enclosure cc: Anlhony T. Stevenson Marlin R. McCaleb, Esquire ~I'l; OH Z tIll'l; I'l;:> " ~..:1 +l \.< t!) " ..:1>< s:: llJ :z: ~ 0 p.tIl llJ s:: H !:: Z~ '0 0 ~ ~ . s:: ..-i ~ t; z O~ - 0 +l 5 ~ · ~p. ..:1 ZOO ..-i III ~ :I oen +l I~ ~ ~ ~ 0 > o -~ H tIlllJ llJ ~~ u ffi z ~ ~ U><I'l;:> Zl>:: p. ii: u - )( z E-<..:1H ~" " ~ ~ a: q: 0 W 0 w 1 lD D.. ~Z U :>Ii-l +l ~ ~3dd 0::>1 ~Ii-l s:: 0 N E-<'.-i III . 0 j :t a.; a: E-<UZ..-l Ul+l , -'0 ~~ z ~ . 0\ III l>:: o <Xl s:: ::- ~ s:: ~ - lj ::>OH..-l>< ".-i UllJ LI. N z OZE-< 0 E-<Ill HIi-l 0 . UI'l;UIO ..-l ~2! H ~ x ..:11'l; E-< ><p. Eo< u ~ ~l>:: r--tIl Z H ~ :r:~..:1"'::> 0 H f;l E-<gjH U III :z: :> ' Eo< E-< P. Z::>HOZ Z ;2 HUUZH I'l; . - ANTHONY T. STEVENSON, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KATHI AMICK, Defendant/Petitioner NO. 97 - 1812 CIVIL IN CUSTODY PETITIONER'S PRE-HEARING MEMORANDUM HISTORY OF THE CARE On April 21, 1997, your Honorable Court, based upon the agreement of the parties, entered an Order awarding shared legal and physical custody of Chanse R. Stevenson, born July 27, 1995, to the natural parents, the parties herein, with father to have the child from 3:30 P.M. on Sunday until 3:30 P.M. on WedneSday, and Mother to have the child from 3:30 P.M. on Wednesday until 3:30 P.M. on Sunday, with alternate weekends and holiday visitations. Since that Order, a multitude of problems have befallen the parties and the child, including the father constantly picking arguments with the mother, the child being returned to the mother in a diaper that obviously had not been changed when it should have been, the paternal grandparents interfering in the medical care and treatment of the child, and the child spending the father's physical custody time with the paternal grandparents instead of the father. As the result, the child has bounced between the mother's home, the father's home and l^WflflKI', MMILlN It MtCAI.UI the home of the paternal grandparents, with little in the way of stability. WITNESSES lAW 0111[1', Petitioner intends to call the following witnesses: 1. Kathi Amiok, who will testify as to the physical characteristics of her home and her sources of income; that she is a good housekeeper and that she has good parenting skills; that she effectively disciplines her children without physical force; that the child has returned from visitations with Respondent with suspicious bruises that Respondent refuses to explain; that Respondent has told her that his father physically abused him so that he is afraid to let his son be with Respondent's parents; that Respondent has told her not to let his parents in her house if they come to pick up Chanse; that Respondent's father has physically abused Petitioner; that Respondent has complained to Petitioner that his efforts to start a construction business leave him with little time for the child, so that the child spends much of Respondent's periods of physical custody with Respondent's parents; that because of his work schedule, Respondent asked Petitioner to change the pick up-drop off time from 3:30 P.M. to 4:30 P.M. and later suggested limiting his physical custody to weekends; that Respondent's parents make medical appointments for the child without informing Petitioner as to the appointment or as to the results of the examination; that during pick up or drop off of the child, Respondent is frequently argumentative and yells at the Petitioner for being late even though he is the one not on time; that in the past, when Chanse returned from being with Respondent, his diaper was wet and soiled and should have been changed long before and he had a persistent diaper rash; that Petitioner was recently successful in potty-training the child, so that he no longer needs diapers and the diaper rash has sUbsided; that when she delivers Chanse to Respondent, Chanse is wearing and carries his own underwear, but when he returns from Respondent he does not have his own underwear but instead is wearing underwear that has previously been used and is many sizes too large for him; that when with Respondent, Chanse is allowed to watch R-rated movies that Petitioner believes are not appropriate for a child of his age. 2. Todd G. Sheaffer (Kathi's significant other), will testify as to the quality of Chanse's home with his mother; as to her qualities as a mother and her parenting skills; that Respondent properly disciplines her son without the use of force or violence when he is in her custody; that she has taught her son proper manners and to say "please" and "thank you" when appropriate; that he has heard Respondent complain that he has been working so much that he did not have time to spend with his son and that Respondent's parents take care of the child when Respondent has physical custody; that he has MAftLtN fl. M(CALEU -3- '-^WOIIIU.', MAUI.IN n. M(CALr:1t heard Respondent complain that Respondent's father physically abused him, so that Respondent is afraid to let his son be with Respondent's parents; that he has heard Respondent tell Petitioner not to let his parents in the house if they corne to her home to pick up the boy; that Chanse returned from one visit with his father with suspicious marks on his face that Respondent refused to explain; that in the past, when Chanse returned from visitations with his father, he was often clothed in a diaper that was soaking wet and soiled and should have been changed long before and he displayed a persistant diaper rash. 3. Anqela Shatter (Petitioner's friend), will testify that she has frequently visited Petitioner in her home; that Petitioner is a neat and tidy housekeeper and she keeps her children clean; that Petitioner has very good parenting skills; that Petitioner can effectively discipline her children without physical force; that she has been present with Petitioner during pick up and delivery of the child; that Respondent frequently is in a belligerent mood at these times; that Respondent complains about petitioner not being on time even when he is the one who is late; that she has heard Respondent complain that his new construction business takes so much of his time that he doesn't have time to spend with his son; that she has heard Respondent ask Petitioner to change his periods of physical custody of his son to one or two weekends per month "when I can find the time"; that she has heard Respondent complain about his father being abusive to him, so that he is afraid to let Chanse be with Respondent's parents; that she has watched Petitioner change her son's diaper after a visitation with his father and she observed that the diaper was soaking wet and soiled and should have been changed much sooner. 4. Debra villott (Petitioner's friend), will testify that she has been with Petitioner during pick up or delivery of the child and that Respondent gets angry and yells at Petitioner about not being on time even though Respondent is the one who is late. 5. Dawn Bressler (Petitioner's friend), will testify that she was present when Respondent dropped off the child with Petitioner and that she observed three suspicious bruises on the child's face or head that were not present when Respondent picked up the child four days earlier. Petitioner reserves the right to call additional witnesses who are identified between now and the Hearing or whose -4- testimony becomes important as the result of Respondent's case- in-chief or his cross-examination of Petitioner's witnesses. Date: May 14, 1999 Res~tful~ submitted, I4ft~4K,~tlc2dt- Marlin R. McCaleb Attorney for Petitioner -5- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Petitioner's Pre-Hearing Memorandum was served upon the Respondent herein, or his attorney, on May 14, 1999, by depositing same in the mail at the United states Post Office at Mechanicsburg, postage prepaid, properly addressed as follows: Robert Peter Kline, Esquire 331 Bridge street, suite 350 P. O. Box 461 New Cumberland, PA 17070-0461 ~~~t? Marlin R. McCaleb -6- MAY 1 3 19981P ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY KA THI AMICK, : 97-1812 CIVIL TERM Defendant ORDER AND NOW this /i./ft'-.day of May, 1998, upon the attached Petition for Special Relief, it is hereby ORDERED that a hearing on the matters raised in the Petition be held inCourtroom~nt /:3d 'L.m.on ;j.(}tIl day, /nA Y 1998. Service ofWs order by first-class mail. BY THE COURT, cc: Family Law Clinic Attorneys for Respondent _ ('~~.( 5/105/98- -a ~ .>J,fJ . John Wesley Weigel III, Esquire. Attorney for Petitioner '- <.!J .- r,": L.~ , .- ~~~. , '.J ~ 0- c.:' , , ,),- '-" :;) (' , u _i , t.L ; . , -, - 1.'- ',OJ , U '-, U () If.') rJ ~; ~\) oq -ui ~ ,,) :-:-. :. :ry [I 'I -'. r- n u; ~ ,:-) ) ' ,,0 .. ,:;.1 J ~ .~ F~) '. ':1'-1 ! :':~l ":,a ::; ~-" ::"'J 0' ~ ~. ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERl.AND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY KA THI AMICK, : 97.1812 CIVIL TERM Defendant AND NOW, this ORDER OF COURT day of ,199_, upon consideration of the attached complaint, it is hereby directed that the parties and their I I ~ respective counsel appear before , the conciliator, , I j'J- at ,on the day of , 199_, at _.m. for a Prehearing 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 penn anent order. i ,~ I I.. i '.- ~-: I I I FOR THE COURT, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER 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 A VENUE CARLISLE, PA 17013 (717) 249.3166 1-800.990-9108 ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I i , : CIVIL ACTION - LAW : IN CUSTODY KATHI AMICK, : 97-1812 CIVIL TERM Defendant PRTITION FOR SPF.CIAL RELlF.F AND NOW comes Petitioner Kathi Amick, Defendant in the above matter, by her attorney, John Wesley Weigel III, pursuant to Pennsylvania Rule of Civil Procedure 1915.13, aIleging as foIlows: 1. Petitioner Kathi Amick and Respondent Anthony T. Stevenson entered into a custody agreement in 1997 regarding their son, Chanse R. Stevenson. The agreement was made into an order of court on April 21, 1997. 2. The custody agreement and stipulated order forbid either parent from removing Chanse from the state without prior written authorization from the other parent. 3. In September, 1997, Petitioner infonned Respondent that she would like to take Chanse to Florida to visit her parents during the summer. 4. On April 22, 1998, Petitioner, through counsel, requested pennission to take Chanse with her to Florida on a trip to visit Petitioner's parents between June 12 and June 28, 1998, and offered to give Respondent an equil'alent period of uninterrupted physical custody either before or after the trip. 5. On April 25, Petitioner conversed personally with Respondent, who stated that he would like to have Chanse in Cumberland County on June 20, 1998, but otherwise promised to work out an opportunity for Petitioner to make her proposed trip with Chanse to Florida. 6. On April 28, 1998, Petitioner contacted Respondent through counsel to infonn Respondentthnt Pctitioner could move her proposed trip back one week so that Respondent would have Chanse on June 20, as rcquested by Respondent. 7. Based on Respondent's representations, Petititioner and Petitioner's parents arranged for the rental of a car and purchase of various thcme park tickets, with unrccoverable expenses amounting to approximately $423.00. 8. On May 5, 1998, Rcspondent contacted Petitioner through counsel to inform Petitioner that he would not consent to a two-week trip to Florida, regardless of when scheduled. At most, he would permit a four day trip extending from June] 5 to June 19. Given the distance to Florida, and the factthatPctitioner would drive, not fly to Florida, Respondent's limitations amounted to a flat refusal. 9. On May 7, 1998, Respondent contacted Petitioner through counsel by leller to suggest that he might be willing to allow Petitioner a shorter trip of unspecified length (emphasis added). 10. Petitioner's father is unable to travel to Pennsylvania for health reasons. II. It would be in Chanse's best interest to see his maternal grandparents as planned by Petitioner. ]2. It would be in Chanse's best interest to have a uninterrupted period of at least two weeks with each parent during the year. WHEREFORE, Petitioner Kathi Amick respectfully requests that the court: I. Schedule a hearing before June 5, ] 998 to determine whether its order of April 21, 1997 may be modified to permit Petitioner to take the parties' son to Florida for two weeks, as previously proposed and to permit Respondent to have an equivalent period of uninterrupted custody before June 5, ] 998 or after June 19, 1998; or 2. In the alternative, should sueh a hearing not be feasible, to schedule a conciliation before June 5, 1998 to discuss the mallers raised in this petition. r'. ,., c ~,) ') - -iI " " .! .,: , "ry r-- :.1 L; CJ , on ;(-) '::.: !'.' ., ) \/ ~ I " ." '. I (...J :':1 ANTHONY T. STEVENSON Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY i ; KATHI AMICK Defendant No. 97-1812 CIVIL TERM ORDER AND NOW this ;)0 ~ day of May, 1998, the attached Partial Modification of CUstody Agreement is hereby entered as an order of this Court and the hearing scheduled for May 20, 1998 before the Honorable Judge Edward E. Guido is hereby cancel , J. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY ANTHONY T. STEVENSON plaintift KATHI AMICK Defendant No. 97-1812 CIVIL TERM r AGRBEMENT lOR PARTIAL MODIlICATION or CUSTODY ORDER Tho parties, Kathi Amick and Anthony Stevenson, by and through their respective counsel of record hereby agree to a partial modification of the previous custody agreement dated April 21, 1997, as follows: 1. Kathi Amick shall have custody of Chanse Stevenson from Friday, June 5, 1998 until 10:00 p.m. on Thursday, June 18, 199B for the pu~poses of a vacation in Florida. 2. It is understood that the vacation will involve driving to and from Florida and that during a portion of that vacation, Kathi Amick and Chanse stevenson can be reached at the home of Kathi's parents in Florida. 3. Anthony stevenson or the person he appoints shall pick up Chanse stevenson at Kathi Amick's residence at 10:00 p.m. on June 1B, 199B or at such earlier hour as the parties may agree upon, if Kathi returns earlier in the day on June 18, 199B. 4. If requested by Anthony stevenson, Anthony shall have an equivalent period of uninterrupted summertime custody of Chanse stevenson for the purposes of his own vacation or family plans in the summer of 199B. 5. At the end of the summer 199B, the parties agree that , ,. (-', :. . " " " , , .., ., I " , , ,c) " I ,. , ,', ;o"l ,::J , ) j;. .1] . 0) . , -. ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN CUSTODY KA THI AMICK, Defendant : 97-1812 CIVIL TERM PETITION TO WITHDRA W APPEARANCE AND NOW COMES John Wesley Weigel III, attorney for Defendant Kathi Amick, to petition the court, alleging as follows: I. Petitioner is the attorney for Defendant Kathi Amick. 2. Petitioner has recently been offered, and has accepted, an offer of employment in southeastern Michigan, to begin in October, 1998. He will therefore close down his law practice in Carlisle, Cumberland County, Pennsylvania, and will relocate to southeastern Michigan by early October. 3. Petitioner cannot effectively represent Defendant from southeastern Michigan. 4. There are no hearings scheduled in the above matter. WHEREFORE, Petitioner John Wesley Weigel requests the court to allow him to withdraw his appearance on behalf of Defendant in the above matter. Respectfully submitted, ...... tt.;J III ('17f Date LJ~ 'f--r;r- John Wesley Wei ellll, Esquire. 7 Irvine Row Carlisle, PA 17013 (717) 243-1985 CERTIFICATE OF SERVICE I certify that I am this date serving a copy of the attached Petition to Withrow Appearance upon the following parties: Family Law Clinic 45 N. Pilt St. Carlisle, PA 17013 Kathi Amick 416 State St. West Fai!view, PA 17025 Service I>y first-class mail. {~ (2, (?7F:' Dale J n Wesley Weigel I 7 Irvine Row Carlisle, PA 17013 (717) 243-1985 () ...(:1 C} r: ~J .,-, ,,. .~ ,. ,- f].:r, ;;:; , , ,rn .. " I'.) :;J " " ~ :-. I . :CJ .-, -" -n .:;r -!j"') .4. ~d -.i",l J>, . ..~ .\ ... ~ '. ::.! ~l - ..... . ~ I' ANTHONY T. STEVENSON, Plaintifl' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : IN CUSTODY KA THI AMICK, Defendant : 97-1812 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW COMES John Wesley Weigel III, attorney for Defendant Kathi Amick, to petition the court, alleging as follows: 1. Petitionrr is the attorney for Defendant Kathi Amick. 2. On August 12, 1998, Petitioner filed a petition to withdraw his appearance from the above matter, due to tis departure from Pennsylvania in October, 1998. A copy of the petition is marked Exhibit "A", attached hereto, and incorporated herein by reference. 3. On August \3, the court, by the Honorable Edward E. Guido, issued an order to upon all parties to show cause within twenty days why petitioner should not be able to withdraw his appearance. A copy of the order is marked Exhibit "B", attached hereto and incorporated herein by reference. 4. No party has filed a response to the order of August \3. WHEREFORE, Petitioner John Wesley Weigel III requests that the court make the rule absolute and grant his petition to withdraw his appearance. Respectfully submitted, fb'r=~, 7;(9'lk Date ;' n Wesley Weigel III, 7 Irvine Row Carlisle, PA 170\3 (717) 243-1985 , / ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION. LA W : IN CUSTODY KATHI AMICK, Defendant : 97-1812 CIVIL TERM PETITION TO WlTHORA W APPEARANCE AND NOW COMES John Wesley Weigel III, attorney for Defendant Kathi C"l G -;... ~J \ . e:':.~" \!) C;) ". .- ~ o -I' ~""l ;n;_ p'8 " . .'0 :l ~:-\ ,-; ~''i ,,~- .5'" .., "0 .) .~. -,- -"".. ., Amick, to petition the coUrt, alleging as follows: 1. Petitioner is the attorney for Defendant Kathi Amick. """0 ;::, :-....1..... 2. Petitioner has recently been offered, and has accepted, an offer of ernPf<?ymenr.~ p."-.~ ~) in southeastern Michigan, to begin in October, 1998. He will therefore close down his .' - --: - law practice in Carlisle, Cwnberland County, Pennsylvania, and will relocate to southeastern Michigan by early October. 3. Petitioner cannot effectively represent Defendant from southeastern Michigan. 4. There are no hearings scheduled in the above matter. WHEREFORE, Petitioner John Wesley Weigel requests the coUrt to allow him to withdraw his appearance on behalf of Defendant in the above matter. Respectfully submitted, ~ fl. 1'1'11 Date 7ft ohn Wesley Wei ellII, Esquire. 7 Irvine Row Carlisle, PA 170\3 (717) 243-1985 . -- - Exhibi t "A" .~I'r4AeN'A ~ ( 9~,f Dae CERTIFICATE OF SERVICE I certify that I am this date serving a copy of the attached Petition to Make Rule Absolute upon the following parties: Kathi Amick 416 State Strcet West Fairview, PA 17025 Family Law Clinic 45 N. Pitt St. Carlisle, P A 17013 Service by first-class mail. J('.J. ' n Wcs1cy Wcigc III, Esquire 7 Irvinc Row Carlisle, PA 17013 (717) 243-1985 >. _~l' I . I" 1.; " ....:: {2 It'~ ;' (',. f;:', '. ~:~- - -. J t!ll ( "' Ie, ;' 1.<. " I .~. U (;, U ~ ~ ~ : ~ w t;j Z j w ~ ~ a. ~ g ~ ::J ~ tt Z N Z ~ ~ ~ a )( ffi ~ ~ f5:i ~ ~ ~jB~~ . ~!:! ~ k. N Z . ~ ~ ~ , I ANTHONY T. STEVENSON, Plaintiff vs. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW KATHI AMICK, Defendant :NO, 1812 CIVIL 1997 : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for and on behalf of Kathi Amick, Defendant/Petitioner in Date: February 4, 1999 the~~. Marlin R. McCaleb, Esquire Attorney ID No, 06353 219 East Main Street P. O. Box 230 Mechanicsburg, PA 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Defendant r.; -,' ,. tJ: II" CO!. (') . po, ()' I" ( .' ," " ,: I . r~. " , C" j' [, U. 'I e:' Ci , " , U ~ ::J~ ~ ~ ~ ~ j j ~ ~ ~ i? . ~ ti z 5 ~ ~ Q, I- 0 ... a: lI'l I"l > W Z N ~ ~ a ~ ~ w :t CD Q. CD ~ " ~ ou ~ n: ~ . '" CD fE N ~ z . ~ u ~ ~ vs. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW ANTHONY T, STEVENSON, Plaintiff Defendant :NO, 1812 CIVIL 1997 : IN CUSTODY KATHI AMICK, PRAECIPE TO PROCEED FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow KATHI AMICK, Defendant/Petitioner, to proceed in forma pauperis. I, Marlin R. McCaleb, Attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party, The party's affidavit showing inability to pay the costs of litigation is attached hereto, Date: February 4, 1999. &~ Marlin R. McCaleb Attorney for Defendant ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. KATHI AMICK, Defendant NO. 1812 CIVIL 1997 IN CUSTODY AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Defendant/Petitioner in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Ka.. -1-\01 \6€Vl Ami<!.K ( ~A+~\ ') Address: 2.6\ YOr/-[( 5I"..#-S' E'16\a.. PI\ 1I0"2.S social Security Number: "Z-05 5(., l3'Slc 9 l-^'N O'IIlI', (b) If you are presently employed, state: Employer: /JI~ Address: Salary or wages: Type of work: If you are presently unemployed, state: M^IH.lN II M(C^U:B Date of last employment: Salary or wages per month: (c) Other income within the past twelve months: BUsiness or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: 5{,,(),CbrnU'\lHl, 5u('vl'vor ~e.1\.Q r. b Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: (d) Other Contributions to household support: IV I A (Wife) (Husband) Name: If your (husband) (Wife) is employed, state: Employer: Salary or wages per month: Type of work: Contributions from children: 5(;,O.l'O per fYlCiV\+h , SUr V'I u(J-r ~el"L?f.'1s Other Contributions: (e) Property owned: lAW ()"'lLl;~ Cash: MARLIN n. MCCALEfJ -2- i' Checking account: $ - 7~,'O Savings account: $ ~ Certificates of Deposit: ,.J J A- Real estate (including home): IvlA Motor vehicle: Make r h I. "j-' Year '8 'I Cost .;00,00 Amount Owed Stocks; bonds: /-...II f.t Other: o . p (f) Debts and obligations: ~ Mortgage: Rent: ~Ol).~ IV\C~ t"- Loans: 1.~b'OO fl'\UV\4-h.. Other: , I i ~ ~ ~ Payment Arrangements; (g) Persons dependent upon you for support: tv J f\ (Wife) (Husband) Name: Children, if any: Name: {-\(\0reLV ACV\\e.1L Name: e....bQ\,~ ::,\c.~\'\SOV'- Other persons: ,.J I 'fit Name: Relationship: 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. LAW nlnu.', MAnLlN R MtCM.EB -3- t''. " ,.... SJ " '., t: - l.:.l.:; ....:.u I\b\".i.:~:.', ,. .._..... -.f~", I ,,.., .... .... ,~ .:i.....'i.:..,l..f""\J.:: lj ,. ~-J , ANTHONY T. STEVENSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY v, KATHl AMICK, Defendant : NO, 97-1812 CIVIL TERM PETITION OF THE FAMILY LAW CLINIC TO WITHDRAW FROM REPRESENTATION OF THE PLAINTIFF, ANTHONY T. STEVENSON The Family Law Clinic, counsel for the Plaintiff, Anthony T. Stevenson, in the above- captioned case, comcs before the Court pursuant to Pa.R.Civ.P. 1012, ami rcspcctfully rcqucsts leave to withdraw from reprcsentation and avers in support as follows: 1, The Family Law Clinic provides frcc legal rcprescntation to persons who financially qualify for services, gencrally using thc financial guidclincs of Legal Serviccs, Inc.. Reprcsr.ntation is normally limitcd to Cumbcrland County residents, 2, On June I, 1994, the Plaintiff. Anthony T, Stevcnson, signcd an Incomc Disclosurc Agrccmcnt, stcmming from previouS involvemcnt with thc Family Law Clinic, that statcs that thc Family Law Clinic rcscrves the right to insist that a clicnt obtain privatc legal assistancc should the client's financial situation changc so as to make such assistance possible, A truc and correct copy of this agrccmcnt is attachcd hcreto as Petitioner's Exhibit Onc and is incorporatcd herein by refcrencc, 3, On April 7, 1997 the Family Law Clinic, rcprcscnting the Plaintiff, Anthony T, Stevenson, in his rcqucst for custody of Chanse Stevcnson, born July 27, 1995. filcd a Complaint for Custody, which was docketcd to this numbcr, At that timc, Anthony T, Stcvenson was a residcnt of Cumberland County. pcnnsylvania. whom thc Family u\W Clinic determincd to be financially eligible bascd upon his indigency. 4. On November 4, 1998, the Defendant, Kathi Amick, pctitioncd the Court to modify the existing Ordcr in the above-captioncd casc, 5. On Decembcr 4, 1998, thc Family Law Clinic cross-pctitioncd the Court on behalf of Mr. Stevcnson to modify the existing Order in the above-captioned case, and a pre-hcaring custody conciliation on the matter was set for February 2, 1999, before Dawn Sunday, Esquire. 6, At a meeting with Mr. Stevcnson on January 29. 1999 to prcparc for this conferencc, it bccame clear to the Family Law Clinic that his situation has changed, He no longer resides in Cumberland County and his financial status has significantly improved, in that he had become married in June 1998 to a ncw wife who is employcd, he is working significant hours through Manpower, Inc. and also doing construction work indepcndently. Thc undersigncd informcd Mr. Stcvenson that the Family Law Clinic would nced to rechcck his financial situation to detcrmine whether he remains eligible to reccive frec Icgal services, but that if he did not rcmain eligible the Family Law Clinic would rcprcsent him at the February 2, 1999 conciliation and thcn petition to withdraw, 7. Immediately after thc mccting on January 29, 1999 with the undersigncd, Mr, Stcvcnson and his wifc met with the Family Law Clinic's officc manager, Janet Wenger, who determincd that based on his wife's incomc alone, evcn without considcring Mr. Stevenson's two other sources of incomc. the family's income is far in excess of our maximum guidelines, She so informed Mr. Stevcnson, 8. On February 2, 1999, the Family Law Clinic appearcd atthc Custody Conciliation Conference beforc Dawn Sunday, Esquire on behalf of the Plaintiff. No agreement was reached at the Conference, 9. On February 2, 1999, thc Family Law Clinic notificd Anthony T, Stcvcnson orally and in writing that hc was no longcr financially cligiblc lilr rcprcscntation bascd on incomc information supplicd by him and his wifc on January 29, 1999, and informcd him that hc would have to obtain a private attorncy to represcnt him in any future litigation in the abovc-captioncd casc and thatthc Family Law Clinic would tile this instant Petition to Withdraw, 10. Thc Custody Conciliator indicatcd to counscl and Mr, Stcvcnson on Fcbruary 2. 1999 that no hcaring would bc schcduled in this matter for thrcc to filUr months. WHEREFORE, the Family Law Clinic requcsts that this Court issuc a rulc on Plaintiff to show cause why it should not be permitted to withdraw from representation of him, Rcspcctfully submittcd. ~~IZ ~ ~"' ~ Judson B, Perry ~" Certified Legal Intern~ ~~(J ~t Thomas M, piacc Robert E, Rains SUPERVISING ATTORNEY Donald Marritz STAFF ATTORNEY FAMILY LAW CLINIC 45 North Pitt Strcct Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Date: (Er-!:.vM',:5, lliyc; , VERIFICATION I verify thatthc statem~nts made in the P~tition of the Family Law Clinic to Withdraw from Rcpresentation of the Plaintiff, Anthony T, Slevenson, ar~ truc and curr~ct, to th~ bcst of my knowledge, information and belicf. I undcrstand making any fals~ stnlCll1~nt would subject me to the penalties of 18 Pa,C,S, ~4904, relating to unsworn falsification to authoritics, Date: F"F I.. 5 lm 7 -) ,;;~ ~judson B, Perry / ,~ . \ FAMILY LAW CUNIC (. , . II IINloo to th, community by ,lUd.nl. from Th. DloklnlOn Sohoolor L,w orno" 45 Nonh PIn SI. C.rtl..., PA 17013 17171240-5204 INCOME DISCLOSURE AGREEMENT The Family Law Clinic Is a non-profit organization which represents people who cannot afford private attorneys. Based upon the infonnation which you have provided us regarding your current income and assets, you are financially eligible for our services. It is your obligation to inform us if either your income or your assets should increase. The Family Law clinic reserves the right to insist that you obtain a private attorney if your financial situation should change so that you can afford a private attorney. Should that happen, we will give you adequate time in which to obtain a private attomey before we withdraw from the case, If we determine that you could afford a private attorney and you fail 10 obtain one within a reasonable time, we will petition the court to withdraw from your case. We must insist upon this policy in order to be able to represent those people who truly cannot afford a private attorney. THE FAMILY LAW CLINIC ----....-.......-..............-........--....--.................--..-------------..--- I UNDERSTAND THE TERMS SET FORTH ABOVE, AND I AGREE TO INFORM THE FAMILY LAW CLINIC OF ANY CHANGES IN MY FINANCIAL CmCUMSTANCES. Date J/l.l1e) )II? f . ' . ANTHONY T. STEVENSON, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY KATHI AMICK, Defendant : NO. 97-1812 CIVIL TERM ClmTlFICATE OF SERVICE I certify that I am serving a true and correct copy of thc Petition of the Family Law Clinic to Withdraw from Represcntation of the Plaintiff, Anthony T, Stevenson, on the following persons by this date placing the same in the U,S, Mail, first class, postage prepaid, addressed as follows: Anthony T, Stevenson 501 Windy Hill Road Lot No. 141 Shermansdale. Pennsylvania 17090 Marlin McCaleb, Esquirc 219 East Main Street P.O, Box 230 Mechanicsburg, Pennsylvania 17055 /:.: Judson B, Perry Ccrtified Legal Intern .---~_. "-- FAMILY LAW CLINIC 45 N. Pitt St, Carlisle, PA 17013 717-243-2968 Fax: (717) 243-3639 Darcd: re IL 5"" 1999 , i t '" -::-- o - ~... -a .'Il' '. (' " _..J " .., ~ -, 1 11 ,d I I ,. n . ) L. I '( -"' ,', n . . :C1 I;~ ~J' il .. ;~~ ._11 ...j -<; ) ~ ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 97-1812 CIVIL TERM KATHI AMICK, CIVIL ACTION - LA W Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the appcarancc ofthc Family Law Clinic on beha!fof Anthony T, Stevenson, Plaintiff in the above-caption cd mattcr. /I;) (;, ~ /J - ~ :2: , NI/1t.. ~IL Y LA CLINIC 45 N. Pitt Strect Carlislc, PA 17103 (717) 243-2968 Plcasc entcr the appearancc of Robcrt P. Klinc, Esquire, on bchalf of Anthony T. Stevenson, Plaintiff in thc above-caption cd mattcr, ~+>~ ROBERT P. KLINE, ESQUIRE 331 Bridge Strcct, Suite 350 Post Office Box 461 Ncw Cumbcrland, PA 17070 (717) 770-2540 ~ 1...:') . . \ ~., ~,"] , o-n -" tlll "J '1 I .' l/! . .-", _, ~L, -. . ~~ > ' >'1 " c ) . , .. . ~.~ :':, :..) ~;1 ...: -, c:::- \~~. ROBERT PETER KLINE, ESQUIRE 331 Bridgc Strcet, Suite 350 Post Officc Box 461 NewCumbcrland, PA 17070-0461 (717) 770-2540 Attorncy for Plaintiff CERTIFICATE OF SERVICE I hereby ccrtify that I scrved a truc and correct copy of the Motion for Continuancc, upon Defendant, by depositing same in the United Stales Mail, first class, postagc pre-paid on the C\ T~ day of March, 1999, from New Cumberland, Pennsylvania, addresscd as follows: Marlin R, McCaleb, Esquirc 219 E, Main Strcet Mechanicsburg, PA 17055 C) l_~'l ":) , \.;'..) ,J ." ! (I " " ~~ 1 , , I \'"1 , (;;, ..., I": " ':J , ." ,,' ,- ,... ~: .(") . , ()' 1\ )-..(:: - .. ':-i :..> '- :"=J ."1 - =< . ROBERT PE1'ER IiLWE Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post OHlce Box 461 New Cumberland, Pennsylvania 17070-0461 (717) 770-2540 fax (717) 770-2553 _SI) AUG 2 6 1999 August 25, 1999 Honorable Edward E. Guido, Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse Carlisle, PA 17013 Re: Stevenson v, Amick No. 1812 Civil 1997 Dear JUdge Guido: Enclosed please find copies of the certifications that my client, Anthony Stevenson, and his wife Loida Stevenson, have received from Inner Works, indicating completion of the Seminar for Separating Parents, as was required in your order dated May 24, 1999. ?;;};~ ROBERT PETER KLINE, ESQUIRE cc: Anthony Stevenson Marlin R. McCaleb, Esquire LAW OF"FICES AUG 9 - 1999 "fat/ill/.m. ,;/t~real,(!6, FnANKEDERGER PLACE 21 D CAST "'AIN STREET 1":0001( 230 MECtiANIC5DURO, PENNSYLVANIA .70SS 711 GD1.7170 FAX GO 1.7172 August 6, 1999 The Honorable Edward E. Guido, Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ~,.; .,. "":.:~ . :;, T:~.-. _ : ' ' '.. .~' -' . ,:' . ' <' R'eI+Stevenson,>v.: Amf~k. , (Np.'..1812 civil "19~.7' Dear Judge Guido: In your Order of Court dated May 24, 1999, in the above matter, you directed that the parents of the minor child, Chance R. Stevenson, complete the Inner Works Program and provide proof of such completion. Accordingly, I enclose copies of certifications that my client, Kathi Amick, and her housemate, Todd Sheaffer, have completed the program as of July 10, 1999. Very truly yours, 1t,~~6,,^ /<., 1ft (' CtJ.J.1- t..t-j) Marlin R. McCaleb MRM/eaj CC: Robert P. Kline, Esquire Kathi D. Amick tl - '" ... ~ Cl ." ~ h ""' b & t Cl ~ ~ b.o 11 '- ~ - ~o ... ::: r~ ] '.t::: ~ '~ !:: ~ ... uJl ~c ~ l:::: ,... tX~ t ~ ;::::... .l2~'" cJ c}) ~ Ii:<: .... :>':;0; cJ .. l... qt?> ~ ~ .. oil '" u ~ ~.g ~ ~ l... i5 ... ~ l:::: ..,," ;p:: '" - 6 .l ::i ... .... .- -< :-:::: .... .... Q' .L ~ .... c;) 51 ~~ 1- " ~ ~ I ~i ~ .~ ~ " l ...,0 -:< ::ti ~ .:; QO "'~'I!11.1<<l\j]'~~~~i.m!.~J7,r.2=llil'l!! - " .,. "~~~!.~"fK!/f~KII~al~:r..li];;1Xl'~~]'~iX:i..m;::l"r.::z,/1iIf;;;"~~ '~~~:~i!f~~~~,..!A~saul\Wl;~;z,E.~}r:!L).r~{;~m~~"i\tV~Sfu~- ,'t"ml?l:':.'~~"'~!~"'''~'''w' .'ot..., , tl - .... ~ " ~ ~.... b.o ... ... ''''' ";::: .... .... ~ ..... ..... ..... ~ l:::: l::l..., ;::::... - c;) :::: cJ . .... ~ '" ~ . .... ... .... ""-; - .... .- - .... .... ".:l V:l ~ I", '" ~ ' :: ~ . ~ 1%1.= .'"' ~ -. " ~ ~ '~ uJ! ~ " c ~... l.ii~ ~t;-" , . .. ~L!;~ bO:: ~ . ~ " - "'" "" ..:; ~ 'r; ... - '" :;:.-.. 6. Respondent is entitled under the Order to "up to two weeks additional time each year to correspond with his vacation schedule. Provided, however, that fathcr shall give mother at least 30 days writtennoticc to his intention to cxcrcisc said visitation," 7. Petitioner believes and therefor avcrs that Rcspondent's request for visitation is not appropriatc under the Order of Court datcd May 24, 1999, for the following reasons: a. Rcspondent has providcd no contirmationthat thc rcqucstcd time corresponds with his vacation schcdule; and b. The rcqucstcd vacationlimc is not consecutive. Though the Ordcr is silent. Petitioner bclieves and therelor avcrs thatthc Court intcndcd that visitation take place in periods of scven (7) consecutive days; and c, The requcsted vacation is wrappcd around thc Christmas holiday, monopolizing time with the child during a holiday of upmost importancc to Petitioncr and her family. 8, Petitioncr bclicvcs and thcrclorc avcrs that Respondent should be required to take the additional vacation time outlined in the Ordcr of Court of May 24, 1999, in two (2) distinct periods of scven (7) consecutive days. Petitioncr further avers that thesc pcriods of vacation should not be wrapped around the Christmas holiday, WHEREFORE, Petitioner requests this Honorable Court to enter an Order clarifying Paragraph 2(b) of the Order of Court dated May 24, 1999, more spccifically, to explain the parameters within which Respondcntmay request and exercise his vacation with his son, Furthcr, Pctitioner requests that this HonJrable Court grant Respondent one (I) wcek of the vacation requested from Dccember 17 to Dccembcr 24. RESPECTFULLY SUBMITTED, / ennedy. EsquIre KOLLAS A D KENNEDY I.D. No. 69246 1104 Fernwood Avenue. Suite 104 Camp Hill. Pcnnsylvania 170 II Tclephone: (717) 731-1600 ATTORNEY FOR DEFENI>ANT/PETITlONER DATE:_I1.I-k-{~_ ANTHONY T. STEVENSON, Plaintiff . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATHI AMICK, Defendant 1812 CIVIL 1997 ORDER OF COURT AND NOW, this 24th day of May, 1999, after hearing we hereby revoke all prior orders entered in this matter and enter the following order: 1. The parties are the natural parents of the minor child named Chance R. Stevenson, born 7/27/95, and they shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child subject to periods of partial custody with father as follows: (a) During his five days off work commencing at 6:00 p.m. on his last day of work and ending at noon on the day he is to return to work; (b) Up to two weeks additional time each year to correspond with his vacation schedule. Provided, however, that father shall give mother at least 30 days written notice of his intention to exercise said visitation; and (c) At such other times as the parties' may agree. 3. In addition to the periods of partial custody granted to father, the paternal grandparents are entitled to one overnight visitation of 48 hours per month to be arranged with mother, and such other visitation as father may allow during his periods of partial custody, 4. Notwithstanding the periods of partial custody set forth above, father shall have partial custody of the child on the following holidays: (al On Christmas Eve from 12:00 noon until 10:00 p.m.; (bl On the Friday after Thanksgiving from 3:00 p.m. until 8:00 p.m.; (cIOn Memorial Day and Father's Day from 10:00 a.m. until 8:00 p.m.; Mother shall have custody of the child on the following holidays: (a) On Christmas Eve from 10:00 p.m. to Christmas Day until 4:00 p,m.; (b) On Thanksgiving Day; (c) On Labor Day and Mother's Day from 10:00 a.m. until 8:00 p.m.; 5. Each party shall keep the other apprised of his or her home phone number and address at all times. 6. Each party shall apprise the other of all scheduled doctor's appointments at least seven days in advance where possible, or immediately after it has been ! : scheduled, if not possible. Each party shall immediately , I I ij , I ,. I apprise the other parent of any unscheduled doctor visits or medical treatment. 7. Each party shall complete the Inner Works Program for separating parents within 90 days of today's date. He or she shall submit proof of completion to this Court and counsel for the other party. By the Court, Edward E, Guido, J. . t , Marlin R. McCaleb, Esquire 219 East Main Street Mechanicsburg, PA 17055 For the Petitioner/Defendant Robert P. Kline, Esquire 331 Bridge Street New Cumberland, PA 17070 For the Respondent/Plaintiff lt TRUE COpy FROM RECORD In Testlm,ny whw~f. I here unto set my hand and the seal of said Court at Carlisle, Pa. This ....,J.~... day Of......~,' 19...9.1 M..........~..,..a...".,~~,~,~!...,_ Jj ~, Prothonotary To Kathleen Amick, Nov. 14, 1999 We are requesting the 2 weeks visitation with Chanse. We'd like to have him December 14th to Dec 24th at 10:00am, which is when you get him back for Christmas, then we will pick him up at 4:00pm December 25. We will return him to you on December 29th at 8:00pm. Anthony T. Stevenson Loida Stevenson CC: ATS BAS NLS ~ lAW OFFICES or KOLLAS AND KENNEDY Ilo.ll'ERNWOOD AVENUE CAMP lUll. PENNSYLVANIA 17011 WilLIAM C. KOlLAS MARY KOlLAS KENNEDY JAMES W. KOlLAS December 10, 1999 TELEPHONE NO, 1717) 731.1600 FAX NO, (717) 783.8442 U.S. FIRST-CLASS MAIL AND VIA FACSIMILIE Honorable Edward Guido Cumbcrland County Courthousc 1 Courthouse Square Carlislc. P A 17013 RE: Stevenson v. Amick Dockct No,: 1812 Civil 1997 Dear Honorable Judgc Guido: The parties in the above-captioned matter were able to reach a settlcmcnt rcgarding the issue prescnted by the Petition for Special Reliefliled December 7.1999. Accordingly, the hcaring scheduled for today at 3:00 p.m. in Courtroom 115 can be canceled. By this letter, the Petition for Spccial Rcliefis withdrawn. Very truly yours. KOLLAS AND KENNEDY ~~o~low MKK/car cc: Robert P. Kline, Esquire IUIO/on 11:36 FAX 1lJ002 '. LAW OFFlCIJS 01' KOLLAS AND KENNEDY 1104I'BRNWOOD AVENUE CAMP 1UU., PENNSYLVANIA 17011 WilLIAM C, I<OllAS MARY KOu.AS KENNEDY JAMES W. KOllAS TELEPHONE NO, (717) 731-1600 FAX NO, (717) 763,8~2 December 10, 1999 U.S. FIRST-CLASS MAlL AND VIA FACSlMILIE , I, ~ I' Honorablc Edward Guido Cumbcrland County Courthouse 1 Courthouse Squarc Carlisle, PA 17013 , ! ~ , RE: Stevenson v. Amick lJocket No.: 1812 Civil 1997 Dear Honorable Jud!;e Guido: The parties in the above-captioned matter were ablc to reach a settlement regarding the issue presented by the Petition for Special Relief filed December 7, 1999, Accordingly, thc hearing schedulcd for today at 3:00 p.m. in Courtroom #S can be canceled. By this letter, the Petition for Special Reliefis withdrawn. v cry truly yours. KOLLAS AND KENNEDY I MKKIcar cc: Robert p, Kline, Esquire I2IIO/nn 11:30 FAX ~lllll LAW OFFICES OP KOLLAS AND KENNEDY 1104 FERNWOOD AVENUB CAMP HILL, PENNSYLVANIA 1701\ WIU.lAM C, KDU.A8 MARV KOUAI KENNEDV TEU:PHOIIE NO. (717) 7.11.1_ FAll NO, (717) 7_ FAX TRANSMlTfAL ro:J:\D'(\\)YoJiL &lwC.lYd GWdo FROM:~VJ~~ RE: ~\I1.nsDY\ v. llm'lrJL DATE:~ NUMBER OF PACFS INCLUDING 1m COVER una;((: ;), ,Jl.fD-I~Llu:;. COMMENTS: PLEASE CONTAcr DAWN AT 1BE ABOVE-LISTED TELEPHONJ: NUMBER IF YOU HAVE ANY QUFS110!'{S WIlD REGARD TO THIS FAX. 1HANK YOU FOR YOUR COOPERA110N. 1HE INFORMA110N CONTAINED IN THIS FACSIMILE MFSSAGE m PlUVILEGED AND CONFIDENTIAL INFORMA11ON IN'IENDED ONLY FOR mE USE OF 1m INDIVIDUAL OR EN11IY NAMED ABOVE. IF 'mE BEADER OF THIS MESsAGEm NOT 1BE IN'D'.NDED RECIPIENT, YOU ARE ID:REBY NOu.l'l.Iw 1HAT ANY DISSEMINA11ON. DIS'DUBUDON. OR COPY OF 11IJS COMMUNICA110N m S1llICILY PllOHIBlI'ED. D' YOU IlI:CEIVID 'lIDS COMMUNlCA110N IN ERROR, PLEAsE NO'lDY US BY TELEPHONE AND IlIl;IUKN 1BE ORIGINAL MFSSAGE TO US AT 1BE ABOVE ADDRFSS VIA THE U.s. POSTAL SERVICE. 'I1IA.'aC YOU. ' ANTHONY T. STEVENSON, Plaintiff Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1812 CIVIL 1997 IN CUSTODY vs. KATHI AMICK, ORDER OF COURT ..-- AND NOW, this ':.:l day of\..h.X('l\'ocl ,1998, upon consideration of the within Complaint, it Is hereby directed that the parties and their respective counsel, If any, appear before tn.......",c." ,\ I\r\o-......I. EsC\.. , the conciliator, at 2H \.J, t-\O\(\,')T"J}("'~\--cr\\l ,h J\~ ' pennsylvanla',on \)\\..fSR:'oJ\ , the ,L day of J-:xc. \f'f\6c- r , 1998, at J \ . OC) . o'clock o...m. 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 a temporary order. All children aged 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 3.7013 (717) 249-3166 FOR THE COURT, I I' BY \'m\\m~,~\~, CUSTODY CONCILIAT ('m.) F1U:'l.(":~ I,"';: r'r:- ;" " . .~. ,.~..j I :' "- . , ': '~i;'(l( r"1 r'~ . .' ,~If' l j :',' n. l n ... ,.' c' !_ 1.,1 q' r\~:',"":: r',~ '..~:/:-:'~~";'.~~,.. , ... . ",'I G;\ , _'. . " '''r!'1 i~.<\,\ . j \ ",' : ,-:' ., I , l" I/o It' fi' (),I ">> ",,;,$:t:; 4 d#-<-~ II' I,J ~ 'l1oia. /;".6- -z: 1#/'1/ I/-/t).~ 1''-0/1 "'4.41 ~ a-/10t"d'}Y ANTHONY T. STEVENSON, Plaintiff Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. KATHI AMICK, NO, 1812 CIVIL 1997 IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the Court to modify Its prior order In this matter based upon the following: 1. The Petitioner herein Is the Defendant, Kathleen D. Amick, also known as Kathl Amick, an adult Individual who resides at 416 State Street In West Falrvlew, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff, Anthony T. Stevenson, an adult Individual who resides at 704 Erford Road in Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the parents of one child, Chanse R. Stevenson, age 3, born 27 July 1995. As a result of prior orders entered in this case and In other cases described below, the parties currently share physical custody of the child by dividing each week In approximately equal blocks of time. 4. There are no other parties who have a right to custody of the minor child. The parties in this action, however, were also parties to an action commenced by Cumberland County Children Services, which was captioned "In the matter of Chanse R. Stevenson, born 7/27/95, Dependant Juvenile" and which was flied to Number 95-0161. To the Petitioner's knowledge, however, that matter has been dismissed and the records of that matter expunged and no one has any custodial rights Involving the child as a result of that action. , 5. Petitioner seeks to modify the prior order of this Court to have the Court award her primary physical custody of the minor child, for the following reasons: A. Petitioner Is available on a dally and hourly basis to be with and to meet the needs of the minor child and the Respondent Is not. B. The Petitioner has a suitable and desirable place for the child to live and can make a proper home for the child and the Respondent does not and cannot. C. The Respondent does not take proper physical or emotional care of the child and the child suffers when he Is In the custody of the Respondent. D. The best Interests of the child will be served by placing him In the primary care of the Petitioner who Is better able to meet his needs and to provide properly for him. WHEREFORE, Petitioner prays this Court to modify Its prior orders of custody In this matter and to award her primary physical custody of the child and to set a reasonable schedule of temporary custody for the Respondent. ~~~ Samuel L. Andes Attorney for Defendant Supreme Court 1.D. #17225 525 North 12th Street Lemoyne, PA 17043 (717) 761.5361 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ( 55.: ) i ' KATHI AMICK, being duly sworn according to law, deposes and says that the facts set forth In the foregoing Petition to Modify are true and correct to the best of her knowledge, Information and belief. ilu~/Lt (2//1fCZi KATHI AMICK Sworn to and subscribed before me this ,'is I h day of {XltDJ:J2f , 1998. (1/;, III "-j J /. 1..-1-;';;(Jj1 I j~ NOTARY PUBUC ~NOl~SEAL NIY lA. ROSElli. Nol:JY NlIIc lJrMYllO &:tn. C\;rl:'~ eoonty, PA ':IV C<<:<"'" '~. 1:':. "... .l'l'. ~M I \ : ' APR 0 8 1997 tf-" AIITHONY T. STEVENSON, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KATHI AMICK, Defendant : NO. CIVIL 1997 - /~ / 'J- ORDER OF COURT AND NOW, this ;l/-iay of Clp,;',.L ,1997 on consideration of the parties' joint cusotyd agreement, the Court enters the following Order: 1. The parties are the natural parents of a minor child named Chanse R. Stevenson who was born on 7/27/95. 2. The father and mother shall share legal custody. 3. The father and mother shall share primary physical custody. The schedule for custody is as follows: Father shall have custody of the child from Sunday at 3:30 p.m. until Wednesday at 3:30 p.m. Mother shall have custody from Wednesday at 3:30 p.m. until Sunday at 3:30 p.m. On every other weekend of each month, father shall also have custody from 3:30 p.m. Saturday, until 3:30 p.m. on Sunday. The location for the pick up and drop off of the child shall be mutually agreed upon by the parties. 4. Father shall have custody of the child: a) on Christmas Eve from 12:00 p.m. (noon) until 10:00 p.m. b) on the Friday after Thanksgiving from 3:00 p.m. until 8:00 p.m. c) on Memorial Day and Father's Day from 10:00 a.m. until 8:00 p.m. ( Mother shall have custody of the child: a) on Christmas Eve from 10:00 p.m. to Christmas Day until 4:00 p.m. b) on Thanksgiving c) on Labor Day and Mother's Day from 10:00 a.m. until 8:00 p.m. S. Neither father nor mother shall take the child out of the state without prior written authorization from the other parent. 6. The legal address of the child shall be the address of the father. 7. The parents agree that the paternal grandparents' visitation with the child shall coincide with or occur during father's periods of custody. 8. The parents may mutually agree to make temporary changes to this written agreement. In the event that the parents can no longer agree about temporary changes, this Order will again control until one parent seeks a court order for modification. By the Court, l.sl J1.~ !" ~-<.J I. Tf'.l'::: (0?Y FROM RECOR~ ,,, 1 ".: ",;' ' , . :.tIT, : h:.rc, 111M ~t my nand I ,.. - + I - 0" Pa ar.~ .:~e '.la; :.:- ;.~',; ,-eu:. ~ Lar.l!h!, . ih:~ .;:?~~d3Y of.Op.~.;, 19.1.'1. ~~,,,'~':"~'\"...- -i>tJj . PrOlhonotllry DEe - 7 1998\ \\ , . ANTHONY T. STEVENSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : IN CUSTODY NO. 1812 CIVIL 1997 KATHI AMICK, Defendant ORDER OP COURT Q' r AND NOW, this l) day of \'n ('\'n\ {' , , 1998 upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, ~0. .s. ,\.)rx--~'\'-.._j II=-""Jt~. , the conciliator, at ?B W. \-\W'l \\- '1 H(\,\"(t ",'( \\J (t) , -C..wbeI land countY-Cour-thou8e.,-<lar-l~sre;- Pennsylvania, on the ,'") day of _\(\ 1 ("I ( "1-' 19911 at \ ,()O o'clock -Q....m., 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: "",' X ,'<.\J ,f';t. . custody Cone 1 ato (~~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OP 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. ANTHONY T. STEVENSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN CUSTODY KATHI AMICK, Defendant : NO. 1812 CIVIL 1997 ORDER OF COURT You, Kathi Amick, defendant, have been sued in court to modify custody of the child, Chanse R. Stevenson. You are ordered to appear in person at _, at , _.m., for , on a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABll..ITIF.S ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AU 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, ANTHONY T. STEVENSON, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . . V. : CIVIL ACTION-LAW IN CUSTODY KATHI AMICK, Defendant NO. 1812 CIVIL 1997 PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY ORDER Plaintiff, Anthony Stevenson, by his attorneys, the Family Law Clinic, petitions this Court to modify its prior order in this matter based on the following: 1. Plaintiff is Anthony Stevenson who resides at 501 Windy Hill Road, Shermansdale, Perry County, Pennsylvania, 17090. 2. Defendant is Kathi Amick who resides at 416 State Street, West Fairview, Cumberland County, Pennsylvania, 17025. 3. The parties are the parents of Chanse R. Stevenson, born July 27, 1995. 4. On April 21, 1997 an Order of Court was entered for shared legal and physical custody of Chanse Stevenson, a true and correct copy of which is attached hereto as Exhibit "A." 5. Defendant has filed a Petition to Modify CUstody Order on November 4, 1998 (a copy of which is attached hereto as Exhibit "B") in which she has asked to be granted primary physical custody of Chanse Stevenson. 6. A custody conciliation conference is scheduled in this matter for December 10, 1998 at 3:00 p.m. with Dawn Sunday, Esquire. 7. The Order of April 21, 1997 should be modified because: a. Plaintiff has purchased a residence for himself, his new wife and Chanse. b. Defendant does not take proper physical or emotional care of Chanse. c. Chanse will begin school in one and a half years and a more permanent residence with Plaintiff should be established before such time. d. Plaintiff is best able to care for Chanse emotionally, financially and physically. e. It is in Chanse I s best interests to be in the primary custody of Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Court modify the Order of April 21, 1997 be granting to him primary physical custody of Chanse stevenson. B?~! B~r~ ertified eg I Intern Th as M. Pace Robert E. Rains Katherine C. Pearson SUPERVISING ATTORNEY Donald Marritz STAFF ATTORNEY FAMILY LAW CLINIC 45 North pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date !) ,.....',' , / / /(7 d f-'~. /',/./ / . . .j -) ....J I ) ') , " , i I " ; 'I .l , .' t.,J :~ 1 " . , ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATHI AMICK, Defendant 1812 CIVIL 1997 IN RE: CUSTODY MODIFICATION ORDER OF COURT AND NOW, this 27th day of November, 2000, after hearing, our order of May 24, 1999, is modified as follows: Paragraph 2 is modified to read as follows: 2. Mother shall have primary physical custody of the child subject to periods of partial custody with father as follows: (a) Commencing the second and fourth Friday of each month from the time school ends until Sunday at 6:00 p.m,; (b) Up to two additional weeks each summer. Provided, however, that father shall give mother at least 30 days written notice of his intention to exercise said visitation; and (c) At such other times as the parties may agree. Paragraph 3 of the order is modified to read as follows: 3. In addition to the periods of partial custody granted to father, the paternal grandparents are entitled to visitation with the child commencing the third Friday of each month from the time school ends until Sunday at 6:00 p.m. Paragraph 7 of our prior order is deleted. . l , ~ ~ In all other respects, the attached order of May 24, 1999, shall remain in full force and effect. By the Court, Guy H. Brooks, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 For the Petitioner/Defendant Edward E. Guido, J. Lay....D -rt]o:U /I- Jl.~'OO RXS Robert P. Kline, Esquire 331 Bridge Street New Cumberland, PA 17070 For the Respondent/Plaintiff :mae ~ ANTHONY T. STEVENSON, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATHI AMICK, Defendant 1812 CIVIL 1997 ORDER OF COURT AND NOW, this 24th day of May, 1999, after hearing we hereby revoke all prior orders entered in this matter and enter the following order: 1. The parties are the natural parents of the minor child named Chance R. Stevenson, born 7/27/95, and they shall have shared legal custody of the child. 2, Mother shall have primary physical custody of the child subject to periods of partial custody with father as follows: (a) During his five days off work commencing at 6:00 p.m. on his last day of work and ending at noon on the day he is to return to work; (b) Up to two weeks additional time each year to correspond with his vacation schedule, Provided, however, that father shall give mother at least 30 days written notice of his intention to exercise said visitation; and (c) At such other times as the parties may agree. " 3. In addition to the periods of partial custody granted to father, the paternal grandparents are entitled to one overnight visitation of 48 hours per month to be arranged with mother, and such other visitation as father may allow during his periods of partial custody. 4, Notwithstanding the periods of partial custody set forth above, father shall have partial custody of the child on the following holidays: (a) On Christmas Eve from 12:00 noon until 10:00 p,m.; (b) On the Friday after Thanksgiving from 3:00 p.m. until 8:00 p,m.; (c) On Memorial Day and Father's Day from 10:00 a.m. until 8:00 p.m.; Mother shall have custody of the child on the following holidays: (a) On Christmas Eve from 10:00 p.m. to Christmas Day until 4:00 p,m.; (b) On Thanksgiving Day; (c) On Labor Day and Mother's Day from 10:00 a.m. until 8:00 p,m.; 5. Each party shall keep the other apprised of his or her home phone number and address at all times, 6. Each party shall apprise the other of all scheduled doctor's appointments at least seven days in . advance where possible, or immediately after it has been scheduled, if not possible. Each party shall immediately apprise the other parent of any unscheduled doctor visits or medical treatment. 7. Each party shall complete the Inner Works Program for separating parents within 90 days of today's date. He or she shall submit proof of completion to this Court and counsel for the other party. By the Court, Edward E. Guido, J. Marlin R. McCaleb, Esquire 219 East Main Street Mechanicsburg, PA 17055 For the Petitioner/Defendant _ ~rn~.{. t,!IJ qt{. ..!.f. Robert P. Kline, Esquire 331 Bridge Street New Cumberland, PA 17070 For the Respondent/Plaintiff lt ~ ;. n U) ~ c::: U) -.. Co. ~2. ... "tJrv r:: n'P"j :;c: ?,; :I. I ?\ -" ~.,; - '.5 '->13 j? f1 "= ,-:'j:p ~n 2: %F;) ;.-0 Co) 0' 'c " ~ ~ :n ~ (.) ...., . ANTIIONY T, STEVENSON : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, KAHil AMICK : NO. 1812 CIVIL 1997 : CIVIL ACTION - LA W ORDER OF COURT AND NOW, this ~ day ofDECEMBER, 2000, upon review ofPlaintifPs Petition for Special Relief and Defendants' rcsponse thereto, paragraph 4 of our Order of May 24, 1999, is modified to provide as follows: 4, Notwithstanding the periods of partial custody set forth above, Father shall have partial custody of the child on the following holidays: (a) On Christmas Eve from 12:00 noon until 10:00 p,m,; j ~' :A i , I f (b) From Christmas Day at 2:00 p,m. until January 1,2001, at 2:00 p,m, (c) From the Friday after Thanksgiving at noon until the Sunday after Thanksgiving at 6:00 p,m, in evcn numbered years. (d) From 4:00 p,m, Thanksgiving Day until the Sunday after Thanksgiving at 2:00 p,m. in odd numbered years. (e) On Mcmorial Day and Father's Day from 10:00 a,m. until 8:00 p,m, ..~. .~,'-"..~t,,-,.. .. , In all other respects our Order of May 24, 1999, as modified by our Ordcr ofNovembcr 7, 2000, shall remain in full force and effect. J :sld Edward E. Guido, J~ fI ^LIP~ D L,OI .'}.\ .6 \~ ~~ ~ Robert p, Kline, Esquire Guy H. Brooks, Esquire ~ .. t.'\ '-"1-",,,,., I ' ........ -' 'Ill "\'.' \: .~,... ).~\':' ':~'-,' .-". '->; !~":-'''''":I''\ . , ,j ,...J Su ... r, . .:1 ~ v"';..o' 1.'1) .. .'- -. ... ~,' ANTHONY T. STEVENSON, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, KA THI AMICK, NO, 1812 CIVIL 1997 DefendantlRespondcnt : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day ofDcccmber, 2000, upon review of the attachcd Petition for Special Relief, this Court's Order of May 24,1999, as previously modified by our subsequent Order dated Novcmbcr 27,2000, is furthcr modified as follows: 1. Each Thanksgiving shall be dividcd by the parties alternating the following two periods of physical custody: (a) the period from 4:00 PM on the Wcdnesday prior to Thanksgiving Day until 12:00 Noon on the Friday after llmnksgiving Day; and (b) thc period from 12:00 Noon on the Friday after Thanksgiving until 8:30 PM on the Sunday after Thanksgiving, with Fathcr having the first pcriod set forth hcrein for Thanksgiving, 2001, 2, During the ChristmaslNew Y car's holiday vacation from school, the parties will divide physical custody of the child as follows: (a) the partics shall altcrnate thc periods from 2:00 PM on December 24 until 2:00 PM on December 25 and the period from 2:00 PM on December 25 until 2:00 PM on Dccember 26, 111is shall be alternated each year with Father having the first period sct forth in this subparagraph for Christmas, 2000; ". .. I. . (b) In addition, Fathcr shall havc an additional period ofcuSlody of the child ovcr the ChristmaslNew Year's school vacation period, which period shall commcnce at 2:00 PM on Dccember 26 and shall conclude at 2:00 PM on Deccmber 31 in 2000, and at 2:00 PM on January 1, 2002, altcrnating thcreaftcr, 3, All of the provisions of this Court's prior Order datcd May 24,1999, as modified on November 27, 2000, shall rcmain in full force and effcct, BY THE COURT: EDWARD E. GUIDO, J, cc: Robcrt p, Kline, Esquire Guy H. Brooks, Esquire 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 .'_.~....:" ....... I.. , ... , 'w ANTHONY T, STEVENSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaintiffJPctitioncr vs, NO. 1812 CIVIL 1997 KA THI AMICK, DcfendantIRcspondcnt: CIVIL ACTION - LAW PETITION FOR SPECIAL RELIEF AND NOW, comes Anthony T. Stcvenson, by and through his counsel, Robcrt P. Kline, Esquire, and respectfully petitions this Honorable Court as follows: 1, Pctitioncr, Anthony T. Stevenson, and Respondcnt, Kathi Amick, arc the natural parcnts ofChanse R. Stevcnson, born July 27,1995. 2, On Novembcr 27, 2000, after hcaring, this Court cntcrcd an Ordcr modifying its prior Order of May 24, 1999, A copy of the May 24, 1999 Ordcr is attachcd as Exhibit "A" to this Pctition; thc Ordcr of Novcmbcr 27, 2000 is attachcd as Exhibit "B" to this Petition, 3, Following the conclusion of the hearing and the entry of the Order on Novcmber 27,2000, thc Honorablc Edward E, Guido summoncd counsel for the parties into chambcrs and advised that it was his intcntion that the parties work out an extcnded pcriod of holiday visitation, for both Christmas and Thanksgiving, for the father. 4. On Dccember 7, 2000, the undcrsigned counsel for Father forwarded a Ictter, attachcd as Exhibit "C" to this Pctition, to Guy H. Brooks, Esquire, counsel for Mother, outlining Father's requcst for modifications to the current Ordcr as to Thanksgiving and Christmas holidays, 5, On Tuesday, Decembcr 19, 2000, Guy H, Brooks, Esquire, on bchalf of his client, prescnted an offcr whercby Petitioner would have custody of his son each Christmas holiday from 2:00 PM on Christmas Day until 2:00 PM on Ncw Ycar's Day. ,.. t, .. '- ., 6. Pctitioner has not cvcr had the opportunity to spcnd Christmas morning with his son and strongly desircs that his proposal be entercd as the controlling Order of Court in this mattcr so that, at least on an alternating ycar basis, he has the opportunity to put his son to bed on Christmas Eve and spend time with him on Christmas morning, 7. As of the filing of this Pctition, the issuc rcgarding visitation for the Christmas holiday, 2000, has yet to be rcsolvcd, WHEREFORE, Pctitioner respectfully rcquests this Honorable Court grant his Petition for Special Rclief and cnter an Ordcr modifying its prior Ordcrs as proposed by the attachcd Order of Court, Respectfully submittcd, LCl "DG"'C.. 2..d:)O DATE ~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumbcrland, PA 17070-0461 (717) 770-2540 Attorney for PlaintifflPetitioner , - .. .. ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATHI AMICK, Defendant 1812 CIVIL 1997 ORDER OF COURT AND NOW, this 24th day of May, 1999, after hearing we hereby revoke all prior orders entered in this matter ano enter the following order: 1. The parties are the natural parents of the minor child named Chance R. Stevenson, born 7/27/95, and they shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child subject to periods of partial custody with father as follows: (a) During his five days off work commencing at 6:00 p.m. on his last day of work and ending at noon on the day he is to return to work; (b) Up to two weeks additional time each year to correspond with his vacation schedule. Provided, however, that father shall give mother at least 30 days written notice of his intention to exercise said visitation; and (c) At such other times as the parties may agree, EXHIBIT "A" .~ . "- 3, In addition to the periods of partial custody granted to father, the paternal grandparcnts are entitled to one overnight visitation of 48 hours per month to be arranged with mother, and such other visitation as fathcr may allow during his periods of partial custody. 4, Notwithstanding the periods of partial custody set forth above, father shall have partial custody of the child on the following holidays: (a) On Christmas Eve from 12:00 noon until 10:00 p.m,; (b) On the Friday after Thanksgiving from 3:00 p.m. until 8:00 p.m.; (c) On Memorial Day and Father's Day from 10:00 a.m. until 8:00 p.m.; Mother shall have custody of the child on the following holidays: (a) On Christmas Eve from 10:00 p.m. to Christmas Day until 4:00 p.m.; (b) On Thanksgiving Day; (c) On Labor Day and Mother's Day from 10:00 a.m, until 8:00 p.m.; 5. Each party shall keep the other apprised of his or her home phone number and address at all times. 6. Each party shall apprise the other of all scheduled doctor's appointments at least seven days in ......' . . advance where possible, or immediately after it has been scheduled, if not possible. Each party shall immediately apprise the other parent of any unscheduled doctor visits or medical treatment, 7, Each party shall complete the Inner Works Program for separating parents within 90 days of today's date. He or she shall submit proof of completion to this Court and counsel for the other party. By the Court, Edward E. Guido, J. Marlin R. McCaleb, Esquire 219 East Main Street Mechanicsburg, PA 17055 For the Petitioner/Defendant Robert P. Kline, Esquire 331 Bridge Street New Cumberland, PA 17070 For the Respondent/Plaintiff 1t T~UE C0PY FROM RECORD In T','-I 1:1"'''' ,I f II "w . . ~"! . 'j!' I'..l', I" (,' I "Ia !~llny hand Dr.d tha sOill;{Cf 5<:ld (our I ioI c.~rli51~, Pi!, This ......(..~..~.. day of..(1, .~, 19 (it; ~I, ' l 'cr:; , ....l.. .........__..._. tl.<C] /, -<~ -.......... ....J..r!<....~..t),~ ~lJ....s....: r IptJ' Prothonotary .....-. ..... , . , ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA.'lIA V. CIVIL ACTION - LMl KATHI AMICK, Defendant 1812 CIVIL 1997 IN RE: CUSTODY MODIFICATION ORDER OF COURT AND NON, this 27th day of November, 2000, after hearing, our order of May 24, 1999, is modified as follows: Paragraph 2 is modified to read as follows: 2. Mother shall have primary physical custody of the child subject to periods of partial custody with father as follows: (al Commencing the second and fourth Friday of each month from the time school ends until Sunday at 6:00 p.m.; (bl Up to two additional weeks each summer, Provided, however, that father shall give mother at least 30 days written notice of his intention to exercise said visitation; and (cl At such other times as the parties may agree. Paragraph 3 of the order is modified to read as follows: 3. In addition to the periods of partial custody granted to father, the paternal grandparents are entitled to visitation with the child commencing the third Friday of each month from the time school ends until Sunday at 6:00 p.m, Paragraph 7 of our prior order is deleted. EXHIBIT "B" '. ~. , .... , In all other respects, the attached order of May 24, 1999, shall remain in full force and effect. By the Court, Edward E, Guido, J. Auy H. Brooks, Esquire 320 Market Street L Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 For the PetitionerlDefendant Robert P. Kline, Esquire 331 Bridge Street New Cumberland, PA 17070 For the Respondent/Plaintiff :mae TRUE C0PY FROM P.::CCRD In T"-l;~""y "~'r'" I ',"r" t'." ",1 r'J h'nd ..0 .111,,111 .1.... ......1, .;. .'11"" ~.. 'I, ~ and It. seal o! s1 Courl .at Carlisle, Pa, T~I ,:~,....~~tj .....~al/,~,..."I, ~~ , P olhonotary 1J7 . Guy H, Brobks, 'Esquire December 7, 2000 Pagc Two "",,-' I , Father having the first period set forth in this subparagraph for Christmas, 2000; (b) In addition, Father shall have an additional period of custody of the child over the ChristmaslNew Year's school vacation period, which period shall commence at 2:00 PM on Dccember 26 and shall concludc at 2:00 PM on Dccembcr 31 in 2000, and at 2:00 PM on January 1,2002." Plcasc advised if this schcdu1e is acceptable to your client so that a stipulation may be preparcd, In addition, Tony is prcscntly owcd an additional wcck of vacation and it is his position that this week should be carricd over into ncxt ycar, The basis for this position is that Kathi did object to his attempt to obtain vacation ovcr thc summer and, in fact, he rcceived one wcck less of vacation than he had requcstcd and was cntitlcd to, Abscnt Kathi's objcction, he would have uscd this wcek of vacation during the year 2000. Thcrefore, the additional wcek in 2001 is certainly rcasonable, However, to avoid problcms, r ask that you confirnl your clicnt's agrcement with the additional week of vacation in writing, I look forward to hearing from you regarding this matter, I ask that you plcase give this mattcr your prompt attention in light ofthc fact that the Christmas holiday is fast approaching, Very truly yours, ROBERT P. KLINE, ESQUIRE RPK/srf cc: Anthony Stevenson . , , ~. I, , VERI FICA TION I, Robert P. Kline, Esquire, attorney for the Plaintiff/Petitioner herein, have sufficient knowlcdge of the facts contained in this Petition for Special Rclief and verify that the statemcnts made in the foregoing Pctition for Spccial Relief are truc and corrcct to the bcst of my knowlcdgc, bascd upon infornlation rcceived from the PlaintitTIPctitioner. I understand that false statcments hcrein made are subject to the pcna1ties of 18 Pa, C,S,A, Scction 4904 relating to unsworn falsification to authoritics, A verification executed by the PlaintitTIPctitioner will bc filcd of rccord as soon as it becomes available. _\Ol.\-\-... "tec. 'ZclOO Date ~~ ROBERT P. KLINE, ESQUIRE I I ,0'1.., . , .... ' , CERTIFICATE OF SERVICE I hereby ccrtify that I scrvcd a true and correct copy of the foregoing Pctition for Spccial Relief upon Kathi Amick, Dcfcndant, by facsimile and by depositing same in the Unitcd States Mail, first class, postage prc-paid on the iCtth day of Dcccmber, 2000, from Ncw Cumberland, Pcnnsylvania, addresscd as follows: Guy H, Brooks, Esquire (facsimile #234-6808) Goldberg, Katzman & Shipman, P,C, 320 Market Strcet P.O, Box 1268 Harrisburg, P A 17108-1268 Attorney for Defcndant/Rcspondent ROBERT p, KLINE, ESQUIRE 714 Bridge Strcct Post Office Box 461 New Cumbcrland, PA 17070-0461 (717) 770-2540 Attomey for Plaintiffi'Petitioncr () ,::> 0 r; L.,:I " .:::l .. -;:, ~ I . 1 "il 1111 . ;""") j" _,I '" , '1 , -, r:_, , C> ,- ~< .' "'J r:::t. ,- .. '.. '" :?: (" 1 , ,.. .() .. ~ ~')(Il -- ~:.. '''; ,. o., :" '.n -< '0 -< ANTHONY T. STEVENSON, Petitioner : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 1812 Civil 1997 KATHI AMICK, : Civil Action - Law Respondcnt ORDER AND NOW, this _ day of ,2000, it is hereby Ordered that father's Petition lor Spccial Reliefis dcnicd and it is fun her Ordered that Pctitioner shall havc custody ofthc child from 2:00 p,m. on Christmas Day through 2:00 p.m. on January I, 2001. Edward E, Guido, Judge , ! ! Guy II, Ilrooks, I''''luire I.!). No. 49672 GOWBERG, KATZMAN & SIIIPMAN, P.C, 320 Murket Streel 1'.0. Dox 1268 IInrrisburg,l'A 17108-1268 (717) 234-1161 Allomeys for Responde"l I ANTHONY T, STEVENSON, Pctitioncr : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 1812 Civil 1997 KATHI AMICK, : Civil Action - Law Respondcnt RESPONDENT'S RESPONSE TO PETITIONER'S PETITION FOR SPECIAL RELIEF AND NOW. the Respondcnt by and through her attorneys Goldbcrg, Katzman & Shipman, P.C. and Guy H. Brooks, Esquire files the following Response to Petition for Special Relief, avcrring as follows: I. Admitted. 2. Admitted. With the clarification that Judge Guido's May 24, 1999 Ordcr states as to Christmas. that Mother shall have custody: "a. On Christmas Eve from 10:00 p,m. to Christmas Day until 4:00 p,m." 3. Admitted. 4. Admittcd. 5. Admittcd. 6. Petitioncr's proposal is disruptive in that it requircs that the child be shuttlcd betwecn multiple residences (e.g. mothcr's house until 2:00 p.m. on Christmas Eve Day, father's house from 2:00 p.m Christmas Eve Day to 2:00 p.m, Christmas Day, mother's house from 2:00 p,m, Christmas Day until 2:00 p.m, the day aftcr Christmas, father's house from 2:00 p,m, the day after Christmas until 2:00 p,m. December 31; mother's house on Deccmber 31 from 2:00 p.m. until 2:00 p.m. on January I; father's house on January I from 2:00 p.m, until 6:00 p,m,) On the other hand Ms. Amick's proposal permits uninterrupted custody for father from 2:00 p.m, on Christmas Day through 2:00 p.m. on January 1,200 I. Clearly a single schedule of holiday visitation iffar bettcr for a 5 year old child's well-being than 4 to 6 changes within an 8 day period as suggested by Petitioner, 7. Admitted. WHEREFORE. the Respondent respectfully request this Honorable Court deny Petitioncr's Pctition for Spccial Reliefand grant Respondent's requested visitation schedule. Respcctfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.e. By: ......, f fi';) ! /t-/,!b Guy H. Brooks, Esquire Attorney J.D. No. 49672 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: S(,J(,2.1 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prcpaid, at Harrisburg, Pennsylvania, on the day of .2000 addressed as follows: Robert Peter Kline. Esquirc 331 Bridge Strcet, Suite 350 P.O. Box 461 New Cumbcrland. P A 17070-0461 GOLDBERG, KATZMAN & SHIPMAN, P.C. By IJ V Gu , Brooks, Esquire I. . No. 49672 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 I'Ee 20 '00 lO:OOAM G.K.S.,P.C. P,.J . " (juy H Broo..., Esqui.. I I), No. 496n GOLDBERG, KATZMAN Ik SHIPMAN, P,C, nu M3rkc1 Strut r.o, Box 1268 llozri.bUl1. PA 17108-1268 (717)234-4161 ^llomey. (or RcJpondcnt , ~ I , ANTHONY T. STEVENSON, Petitioner : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : No, 1812 Civil I!>!>? KATHI AMICK, : Civil Action - Law Respondent RESPONDENT'S RESPONSE TO PETITIONER'S PETITION FOR SPECIAL RELIEF AND NOW, the Respondent by and through her attorneys Goldberg, Katzman & Shipman, [J C. and Guy H. Brooks, Esquire files the following Response to Petition for Special Relief, averring 3S follows: I. Admitted, 2 Admitted. With the clarification thatludge Guido's May 24, 1999 Order states as to Christmas, that Mother shall have custody: "8. On Christmas Eve from 10:00 p,m, to Christmas Day until 4:00 p.m." 3 Admitted. 4. Admitted, '5. Admitted, 6, Petitioner's proposal is disruptive in that it requires that the child be shuttled between multiple residences (e g. moth.:r's house until 2:00 p.m, on Christmas Eve Day, father's hOllse from [oEC 20 '00 10:001-11'1 G.K.S"P,C. P.5 2'00 pm. Christmas Eve Day to 2:00 p,m. Christmas Day, mother's house from 2;00 p,m, Christmas Day until 2:00 p,m, the day after Christmas, father's house from 2:00 p,m, the day after Christmas until 2;00 p,m. December 31; mother's house on December 31 from 2:00 p.m. until 2:00 p,m, on January I: father's house on January 1 from 2;00 p,m. until 6:00 p,m.) On the other hand Ms, Amick's proposal permits !!!!interruDted custodv furfJillJ<< from 2:00 p.m. on Christmas Day through 2:00 p.m, on January 1, 2001. Clearly asing1e schedule of holiday visitation iffsr better for a S year old child's well-being than 4 to 6 changes within an 8 day period as suggested by Petitioner, 7, Admitted, WHEREFORE, the Respondent respectfully request this Honorable Court deny Petitioner's Petition for Special Reliefand grant Respondent's requested visitation schedule, Respectfully submitted, GOLDBERG. KATZMAN & SHIPMAN. p.e. By: fi td ()vi Guy H. Brooks, Esquire Attorney I,D, No, 49672 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: ~611\2.1 2 DEe 20 '00 10:00AI1 G,K.S..P,C, P,6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I servcd a true and correct copy of thc foregoing document upon all counsel of record by depositing the samc in the Unitcd States Mail, first class, postagc prepaid, at Harrisburg. Pennsylvania. on thc day of .2000 addresscd as follows; Robert Peter Kline, Esquire 331 Bridge Street, Suite 350 P.O, Box 461 New Cumberland, PA 17070-0461 GOLDBERG, KATZMAN & SHIPMAN, P.C, By ~.B~b.Q.1 I, ,No, 49672 320 Market Strcet P,O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 .,