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HomeMy WebLinkAbout97-03214 '- ~ < <t I , \ I I 1 I , I I I i I I I I I I j . \ - \ ~ "- ~ " . ~ , t"'- O'- \ \ , i / / , ~;:j ~~ffi ..:J~E-t n.~i:1j .... .... '-' t5 ~ffi> ... ~ ~"'Ol~ '-' H C 'g ~~ ::J '" ... :; CI :: _ :B - ~ ~ .<l " - - III OJ =-S~ t ... ~~ .... "- . 8 OgJ :: :: .;;< ~~ t18 ,It ,'" I Ul ''Il, ;; co. o <C i > - ~>< ;.i ,Ii ~ oft ~ ~ ~..:J~ ~ :l( . !NH ~I ::: 'El -"' <'"I> . ~ = E C ,g IH ~ Dl :::...E Q ;I: c l"u ;:: It :: . CiI m ~ . ;;'io"", ~i g; C1J . u 8 :l( ~~~ :I: 13 ~ ~ ..:J ANTHONY F. MARIANI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUt'lI3ERLAND COUNTY, PENNSYLVANIA vs. NO. 97-3214 CIVIL TERM LINDA C. BRCkIN, Defendant CIVIL ACTION - LAW IN CUSTODY OODER OF COORT AND 1Ol, this "2-2.- day of ~JJ.,I- , upon consideration of the attached Custody Conclll~tion Report, ordered and directed as follows: 1997, it is 1. The Father, Anthony F. Mariani, and the Mother, Linda C. Brown, shall have shared legal custody of Kristen Asayo Mariani, born January 1, 1990, and Mark Francis Mariani, born February 21, 1993. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on the following schedule: A. During the school year, the Father shall have custody of the Children on alternating weekends (beginning August 14, 1997) from Thursday at 5:00 p.m. until the following Monday morning at 6:30 a.m. In addition, the Father shall have custody of the Children every Tuesday evening from 5:00 p.m. until 7:30 p.m. and, during weeks when he does not otherwise have a period of extended weekend custody, on Thursday evening from 5:00 p.m. until 7:30 p.m. B. The school year custody schedule shall continue in effect during the surrmer school break, with the exception that the Father's alternating period of Thursday evening custody shall be extended to continue through Friday morning at a time to be arranged by mutual agreement of the parties. C. During the summer school vacation, each party shall have one full week of uninterrupted custody (to include the party's regular weekend period) upon providing notice to the other party by May 1 of the same year. D. Th~ Father shall have custody of the Children for five (5) additional days any time during the year when the Children are not in school, upon providing one month advance notice to the Mother. 4. The parties shall share or alternate custody of the Children on holidays as follows: A. Christmas/New Years Day/Easter/Thanksgiving: The holidays shall be divided into Segment A which shall run from the evening before the holiday at 5:00 p.m. until the day of the holiday at 12:00 noon and Segment B which shall run from the holiday at 12:00 noon until the following day at 7:00 a.m. For purposes of this Order, the entire New Years holiday shall be deemed to fall within the year of New Years Day. The Father shall have custody of the Children during Segment A in even numbered years on Thanksgiving and Easter, and in odd numbered years, on Christmas and New Years. The Father shall have custody of the Children during Segment B in even numbered years on Christmas and New Years, and in odd numbered years on Thanksgiving and Easter. The Mother shall have custody of the Children during Segment A in even numbel"ed years on Christmas and New Years, and in odd numbered years on Thanksgiving and Easter. The Mot~er shall have custody of the Children during Segment B in even numbered years on Thanksgiving and Easter, and in odd numbered years on Christmas and New Years. B. Memorial Day/Labor Day: The Father shall have custody of the Children on Memorial Day in even numbered years and on Labor Day in odd numbered years. The Mother shall have custody of the Children on Memorial Day in odd numbered years and on Labor Day in even numbered years. C. Mother's Day/Father's Day: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day. 5. The holiday custody schedule shall supersede the regular custody schedule. 6. The parties information concerning activities and shall keep the Children. shall exchange all schedules and other pertinent the Children's school and extra-curricular each other informed of upcoming events involving 7. If, after following the custody schedule set forth in this Order for a period of at least three (3) months, either party feels the schedule is not serving the best interest of the Children, counsel for either party may contact the Conciliator to schedule a second Conference. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE COUR~/, / / , cc: II/alter L. Cressler, Jr., Esquire - Counsel for E Paul J. Esposito, Esquire - Counsel for Mother J. ~.b",:.,. 'h~..( 8/')S/'I? cJ At-~ i"';... , ::" - ..f"o .. ':-'.~i-:J ~~~'~~:? I,........ 1,/:.:..., ", C\l J I"{'\ -I., ?' (',-' r,. ", C!..... .~. .1;' .. CI -'.' f.,t' ."._' '\.'. ';1;.: " .~ . . oil' ,I Plaintiff : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY.I'ENNSYLVANIA ANTHONY F. MARIANI. vs. : NO. 97.3214 CIVIL De fendanl : CIVIL ACTION - LAW : CUSTODY LINDA C. BROWN. ORDER OF COURT AND NOW. this d(l)' of July. 2000, upon consideration of Plaintiffs Petition For Emergency Relief. it is hereby ORDERED and DIRECTED that Linda C. Brown shall immediately comply with the tcmlS ofthe existing August 22, 1997 Order of Court by delivering the parties' children to Anthony F. Mariani at thc times sct forth in said Order. In addition to complying with thc August 22. 1997 Order of Court . Linda C. Brown is hereby ORDERED and DIRECTED to deliver the children to Anthony F. Mariani on Friday July 21. 2000 at 6:00 P.M. through Monday. July 24. 2000 at 7:00 A.M. BY THE COURT. J. l....W QF"FICES SNElBAI<ER. BRENNEMAN & SPARE ANTHONY F. MARIANI. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA \'S. : NO. 97-3214 CIVIL LINDA C. BROWN. Defendant : CIVIL ACTION - LAW : CUSTODY ORDER AND NOW. this 111 day of July. 2000. upon consideration of Plain tifT's Petition For Emergency Rcliet: a rule is issued upon Respondent. Linda C. Brown. to show cause, if any she has, why the relief requested in said Petition should not be granted. Said Rule is returnable at a hearing to be held on the .',l5/:f. day of \ . Lu'l-L'J J J\ on the 4\h floor of the Cumberland County Courthouse. Carlisle. Pennsylvania. .~ . 2000 at ,',30 'clock~. M. in Courtroom No. J, L....W OFFICES SNELBAKER. BRENNEMAN Br: SPARE '11{~I~J AFl(d I- /0()(\ '//9.00 hr ::dVi ( 'C;er [,I (( (',) /' , fltltC ANTHONY F. MARIANI. : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff VS. : NO. 97-3214 CIVIL LINDA C. BROWN. : CIVIL ACTION - LA W Defendant : CUSTODY PETITION FOR EMERGENCY RELIEF Plaintiff Anthony F. Mariani, Petitioner herein, hereby submits this Petition by his attomeys, Snelbaker, Brenneman & Spare, P.C., and in support thereof states the following: 1. Petitioner Anthony F. Mariani (hereinafter referred to as "Father") is an adult individual residing at 19 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent Linda C. Brown (hereinafter referred to as "Mother") is an adult individual residing at 41 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Father and !\Iother were formerly husband and wife and are the natural parents of two minor children: Kristen Asayo Mariani, ham January 1, 1990 and Mark Francis Mariani, born February 21, 1993. 4. By Order ofComt dated August 22,1997, a copy of which is attached LAW OFFICES SNElBAKER BRENNEMAN 8; SPARE hereto as Exhibit "A" and incorporated herein by reference, the parties have shared legal custody, !\lot her has primary physical custody lInd Father has partial physical custody of t he children. 5. Despite the clear language of the Order, Mother has failed and refused to comply with the terms of the Order resulting in Father not spending time with the children since Monday, June 19, 2000. 6. On 01' about May 25, 2000 Mother filed 11 Petition to Modify Order of Custody seeking to reduce Father's time with the children. A conciliation conference is scheduled on Mother's modification petition for August 29, 2000 before Dawn S. Sunday. 7. According to the existing Custody Order, Father should have had partial physical custody of the children on alternating weekends and several weeknights since June 21, 2000. 8. Mother was on vacation with the children from June 22, 2000 through June 30, 2000 as permitted under the August 22, 1997 Order of Court. 9. It is in the best interests of the minor children to spend time with their Father on a regular and consistent basis. 10. Father has attempted to exercise his rights to partial physical custody of the children pursuant to the August 22, 1997 Order of Court but those efforts have been thwarted by Mother's lack of cooperation over the past several weeks. 11. Father has incurred legal fees as a result of Mother's actions and inaction in contradiction of the August 22, 1997 Order of Court over the past several weeks. LAW OFFICES SNELB.A.KER. BRENNEMAN a SPARE WHEREFORE, Petitioner Anthony F. l\lariani respectfully requests your Honorable Court to: 1) enter an emergency Order of Court requiring Respondent to adhere to the terms of the existing August 22, 1!J97 Order of Court; 2) order that 2 Petitioner he ~ranted appropriate "make-up" time with the children for the time lost; and 3) ordur that Respondent pay Petitioner for the legal fees Petitioner incurred in enforcing his rights under the existing August 22, 1997 Order of Court. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: v..~'?# ~ Philip H. Spare, Esquire 44 West Main Street P.O. Box 318 I\Iechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Petitioner Anthony F. Mariani Dated: July II:( ,2000 LAW OFFICES SNELS,.,KER. BRENNEMAN a SPARE 3 VERIFICATION I verify that the statements made in the roregoing Petition For Emergency Relicrare true and correct. I understand that false statements herein are made subject to the penalties or 18 Pa. C.S. S 4904 relating to unswom falsification to authorities. tlb t'Ma-,; Anthony F. Mariani Date: July Ii. 2000 L....W OFFICES SNELBAKER. BRENNEMAN 6:: SPARE - , ANTHONY F. MARIANI, Plaintiff : IN THE COURT OF CXX1MON PLEAS OF : CUMBERLAND CCXJNTY, PENNSYLVANIA : AND toi, this .;2 ~ upon considet"ation of the attached ot"det"ed and dit"ected as follows: day of Custody conShrgt~ , 1997, Repot"t, it is vs. : NO. 97-3214 CIVIL TERM LINDA C. BROWN, Defendant CIVIL ACTION - LAW IN CUSTODY aIDER OF CXXlRT . . 1. The Fathet", Anthony F. Madani, and the Mathet", Linda C. Brown, shall have shat"ed legal custody of KJ:isten Asayo Mat"iani, bot"n January 1, 1990, and Mat"k Francis Mat"iani, born Febt"uat"Y 21, 1993. Childt"en. 2. The Mothet" shall have pdrna.ty physical custody of the 3. The Fathet" shall have pat"tial physical custody of the Childt"en on the following schedule: A. DuJ:ing the school yeax, the Fathet" shall have custody of the Childt"en on altemating weekends (beginning August 14, 1997) ft"Oln Thut"sday at 5:00 p.m. until the following Monday moming at 6:30 a.m. In addition, the Fathet" shall have custody of the Childt"en evet"Y Tuesday evening ft"om 5:00 p.m. until 7:30 p.m. and, dut"ing weeks when he does not otherwise have a pet"iod of extended weekend custody, on Thut"sday evening ft"an 5:00 p.m. until 7:30 p.m. B. The school yeat" custody schedule shall continue in effect duJ:ing the Sllllllnet" school bt"eak, with the exception that the Fathet"'s altet"nating pet"iod of Thut"sday evening custody shall be extended to continue tht"ough Friday moming at a time to be at't'anged by mutual agt"eement of the parties. C. During the Slllllllet" school vacation, each pat"ty shall have one full week of unintecrupted custody (to include the pat"ty's t"egulax weekend pet"iod) upon pt"oviding notice to the othet" pat"ty by May 1 of the same yeat". D. The Fathet" shall have custody of the Childt"en fot" five (5) additional days any time dut"ing the yeat" when the Childt"en at"e not in school, upon pt"oviding one rrcnth advance notice to the Mothet". 4. The parties shall shat"e ot" altemate custody of the Childt"en on holidays as follows: A. Chdstmas/New Yeat"s Day/Eastet"/Thanksgiving: The holidays shall be divided into Segment A which shall t"un ft"OItl the EXIlJIIIT A evening before the holiday at 5:00 p.m. until the day of the holiday at 12:00 noon and Segment B which shall run from the holiday at 12:00 noon until the following day at 7:00 a.m. For purposes of this Order, the entire New Years holiday shall be deemed to fall within the year of Nell Years Day. The Father shall have custody of the Children during Segment A in even numbered years on Thanksgiving and Easter, and in odd numbered years, on Christmas and Nell Years. The Father shall have custody of the Children during Segment B in even numbered years on Christmas and Nell Years, and in odd numbered years on Thanksgiving and Easter. The Mother shall have custody of the Children during Segment A in even numbered years on Christmas and Nell Years, and in odd numbered years on Thanksgiving and Easter. The Mother shall have custody of the Children during Segment B in even numbered years on Thanksgiving and Easter, and in odd numbered years on Christmas and Nell Years. B. Memorial Day/Labor Day: The Father shall have custody of the Children on Memorial Day in even numbered years and on Labor Day in odd numbered years. The Mother shall have custody of the Children on Memorial Day in odd numbered years and on Labor Day in even n~7bered years. C. Mother's Day/Father's Day: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day. 5. The holiday custody schedule shall supersede the regular custody schedule. 6. The parties information concerning activities and shall keep the Children. shall exchange all schedules and other pertinent the Children's school and extra-curricular each other informed of upcoming events involving 7. If, after following the custody schedule set forth in this Order for a period of at least three (3) months, either party feels the schedule is not serving the best interest of the Children, counsel for either party may contact the Conciliator to schedule a second Conference. 8. This Order is entered pursuant to an agreemant of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual TRUE C8~'Y~~~h~f~\'Jf this Order shall control. , c. .., I C"e u.t" set my ha.! 1n Test m~r..'i ',"~I; r;"l...I, 1\-.); ol.~ BY THE OOURT, and the S(~: c; sd (o.;:t ~t (arlt~le, Pa. Th!s c1,) 11.- ~~y vi C2...a:. lD~ J.J\.: 0.,. a ."""'fJ~"" / d...,v'''i ........' ~"'O Frothonotary cc: Walter L. Cressler, Jr., Esquire - Counsel for Father Paul J. Esposito, Esquire - Counsel for Mother 1.$/ at'-' 03. ~<t J. EXHIBIT A ANTHONY F. MARIAN I, : IN THE COURT OF CCX1MCJN PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : NO. 97-3214 CIVIL TERM : LINDA C. BR~, : CIVIL AcrlON - LAW Defendant : IN CUSIODY aJSTOOlC CXH:ILIATICI'/ Slt!MARY REI'CRr m ACXXXUll\NCE wrm ClI1IlERLANIl o.:um: RULE OF CIVIL PROCEOORB 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DllTE OF BIRTH CURRl'NrLy m aJSTOOlC OF Kristen Asayo Mariani Mark Francis Mariani January 1, 1990 February 21, 1993 Mother/Defendant Mother/Defendant 2. A Conciliation Conference was held on August 13, 1997, with the following individuals in attendance: The Father, Anthony F. Mariani, with his counsel, Walter L. Cressler, Jr., Esquire, and the Mother, Linda C. Brown, with her counsel, Paul J. Esposito, Esquire. 3. The parties agreed to entry of an Order in the form as attached. l-hr'two~ Il.l J0Cfl O~~~ctp,'/ Date U I Dawn S. Sunday, EsqulrEf' custody Conciliator EXHIBIT A CERTIFICATE OF SERVICE I, PIIILlP II. SPARE. ESQUIRE. hereby certify that I have on the below date. caused a true and correct copy of the foregoing Petition For Emergency Relief to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Paul J. Esposito. Esquire Goldberg, Katzman & Shipman. P.c. 320 Market Street P.O. Box 1268 Harrisburg, I' A 17108-1268 Date: July I~ ,2000 ~.gSqUi~ Snclbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, I' A 17055-0318 (717) 697-8528 Attorneys Petitioner Anthony F. Mariani SNELBAKER, BRENNEMAN & SPARE, P. C. Attorneys at Law 44 W. Main Street MECHANICS BURG. PENNSYLVANIA 170SS (717) 697-8S28 July 25. 2000 Anthony F. Mariani 19 Ashburg Drive Mechanicsburg. PA 17055 For Professional SelViccs Rendered Re: Petition for Emergency Relief Custody Case TIME DESCRIPTIONIDA TE .10 .20 ,20 .30 .50 Review e-mail from client (6/30/00) Review e-mail from client (7/3/00) Telephone cont: w/client (7/3/00) Review and reply to e-mail from client (7/11/00) Telephone conf. w/client; review e-mail; telephone message to Atty. Esposito (7/18/00) Fax to Atty. Esposito (7/18/00) Draft Petition for Emergency Relief; meeting w/c1ient; fax Petition to Atty. Esposito; file Petition for Emergency Relief and present Petition to Judge Bayley's office; serve Petition and fax Order to Atty. Esposito (7/19/00) Telephone cont: w/client (7/24/00) Prepare for hearing (7/25/00) ,20 2.75 .70 .sO 5.45 hours at $120,00 per hour: $654,00 (Note: Does not include anticipated time at 7/25/00 hearing) 00 '" , ~-t ~ "" ...... ~ l'<'\ ~'L- ~~ ~ '.n "- \-~ ~ ~ '\I. 1: '>- i~ ~ 4 r.~4 '. ..,. '-.I ,: '-.l IJJr. <": ~- ". C, f(:i '-l .. G. ::; Co. -. . .'" '> ~ .~. 5:: . .- $ I.t) Iri -.;) ~F ,~ u, \;; '. u:': ;:~j '"j ~ <;n ...:.. .~ , IL r- , I C. 0' U ..; >-< z ..;> 1J.l..J ..J>- c..Vl z ZZ 01J.l ~c.. o . u>- E- ""'z 0::> o E-U c.: ::><=l oz U"; ..J 1J.lc.: :I:1J.l ..J E-Q:l >-< ;:l;; .> z~o~ ......u;zu >- <=l o E- Ul ::l U z o ..... E- U ..; C" fIl IJ.l .... ..... >-<..... Z... ..;r:: .......... c.:~ ..;..... ;:l;;c.. >- <=l o E- Vl ::l U c.: o "'" E- Z >-< ..; ..J c.. ;:l;; o U ... Q) ... ..... ~ ;3: ... r:: ~ -0 r:: .Q) z.... ;3:Q) :> O<=l c.: Q:l ... ..., ... Q) ..... fIl 1Il Q) ... U "'" >- z o :I: E- Z ..; ..J U ..; <=l Z >-< ..J ,'t !; .] ~ ,,~ ~ ~ ~ ~ t; ~ ~~ ~ ~ "'\J?! g ~ I ANTHONY F. MARIANI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. q7- 32-/lf ~ Tiv........ v. LINDA C. BROWN, Defendant : CIVIL ACTION - CUSTODY ORDER AND NOW, . \....)1'\(". d~ , 1997, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Q,Wr\ S. s',f\ct" I, Esquire, the conciliator, at ,;;cl I Pennsylvania, on the ~O day of . '>- ~ \....., I ~m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made ',j, 1"'01,,\ ~\\., Keu'\II\\(,h ~ ,1997at~ '00 o'clock 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 children who are the subjects of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. BY THE COURT: ,tm...\01\ ~, ~l,,!~,,~ Custody Conciliator (fu) 0 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. Office of the Court Administrator Courthouse, 4th Floor Carlisle. PA 17013 7 I 7-240-6200 F;l ri'l,()':'"""'': 01"'" . ...'-- ~.... ,.\ - '1,', ....,........"..~ ~.-'r.y ." .' OJ) . ..,., C'7 JII" ". .. ~ .,...(.1~ L'~ ~~:~2 (,'.,;:i. '. i - . ~ . . ....'. A (' - /', "/ /-.-// d. ,;:/ j,;;Y1~;? iL, (~Y./I~~'(CI 0 c?t:f ~.<<(' j. ',;Jf/(/ '-/:ci&; /.1(ZJ;;/;? a~. t!j/.J..&oI~ tf. c'"__7/ f) t""";7 ,,-;; .~&~ ~ 4,1- ,,)4,,/~ ANTHONY F. MARIANI, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. (17- 32-lf CW-;i T.//Vnv LINDA C. BROWN, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Anthony F. Mariani, by and through his attorney, Walter L. Cressler Jr., Esquire, and files the following Complaint: 1. The Plaintiff is Anthony F. Mariani, an adult individual, who currently resides at 19 Ashburg Drive, Mechanicsburg. Cumberland County, Pennsylvania 17055. 2. The Defendant is Linda C. Brown, an adult individual, who currently resides at 41 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks custody of the following children: (a) Kristen Asayo Mariani, born January I, 1990 and resides at 41 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. (b) Mark Francis Mariani. bom February 21, 1993 and resides at 41 Sycamore Drive, Mechanicsburg, Cumberland County. Pennsylvania 17055. 4. The children were bom within wedlock and arc presently in the custody of Defendant, their natural mother. 5. From their birth untillhe parties divorced on January 30, 1997 the children resided with Plaintiff and Defendant first at 4 Canterbul)' Court, Mechanicsburg and then at 22 lrongate Court, Mechanicsburg. Since January 1997 they have resided with Defendant at 41 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. The natural father of the children is Anthony F. Mariani. He is single and currently living alone at 19 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. The natural mother of the children is Linda C. Brown. She is married and living with her husband, Terry Brown, at 4\ Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania \7055. 8. The Plaintiff has not participatcd as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 9. The Plaintiff has no infonnation ofa custody or visitation proceeding concerning the children pending in a Court of this Commonwealth or of any other Court. 10. The Plaintiff knows of no persons not a party to these proceedings who claim to have custody or visitation rights with respect to the childrcn. 11. The best interest and pennancnt wclfare of the childrcn will be served by granting the relief requested because the true victims whcn onc parcnt divorces the other are the children, and to deprive the fathcr cqual access and timc with his children is to deprive the children of their birthrighl and the full cxtcnt to which his love can nourish their growth :- .... " W j E zf-< E .... c U OZ ... '," '" I-< ~ :;::::> OJ " "0 > :;:0 f-< - c C 0< ~~ au 1-<'," OJ W ~ < w Z U ...., z co .... Ul w 0 '," <...., OJ IJ '" e: 5 ~ "'z > 1-<0.. -0 '" ~. ~:~ 0< ... 0< Z 0 ~ ~ ~gz ....l U < ~ ~~~~~ f-<o<< ::: 0 f-< o<WI-< ... Ul 0< I-< \:)s ~ :::>o:>z ...., > 0:> > ~ "I 0:4< N '" < u:::>> M 0 U....l I :- U I-< W :- ..... z '" :I:UlUl 0- 0 < '" f-<<Z :I: 0 -<: wz f-< Z Z....lW 0 Z I-< 1-<0..0.. Z < ....l ,- ,,~ "" .--" ,'7 fl! .:~ ~~ ;., . ":-.' - . ANTHONY F. MARIANI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 97-3214 Civil Teon LINDA C. BROWN, Defendant CIVIL ACTION - CUSTODY AFFlDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Walter L. Cressler, Jr., Esquire, who being duly sworn deposes and says that on June 25, 1997 he deposited in the United States, First Class Mail, Postage Prepaid, a true and correct copy of the Complaint for Custody upon the attorney for the Defendant, Paul J. Esposito, Esquire, at his address of 320E Market Street, P.O. Box 1268, Harrisburg, Pennsylvania 17108-1268. ~~GJr.,[d Sworn and subscribed to before me this 12th day of Augu~)997. ;/)' / ~dtaIY:p~ h~)~ NOTARIAL SEAL ANN J LONG. Nalo1ry Public City of Harrtsburg. Dauphin County My Commission Expil1tS Oct. 30. 1999 . .--...---........-...-.-.--...- "'-... ',-- ANTHONY F. MARIANI PLAINTIFF INTIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. LINDA C. BROWN DEFENDANT 97-3214 CIVIL ACTION LAW " IN CUSTODY ORDER OF COtlRT AND NOW, this 26th day of May .2000. upon consideration of the attached Complaint. it is hereby directed that the parties and their respective counsel appear betimMelissa P. Greev)'. Esq. . the conciliator. at 214 Senate Menue. Suite 105. Camp Hill. PA 17011 on thc .!.2!!!...- day of June .2000. at 9:15 AM for a Pre-Hearing Custody Conference. At such conference. an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues 10 be heard by thc court. and to enter into a temporary order. All children age five or oldcr may also be present althe conference. Failure to appear at the conference may provide grounds for entry of a temporary or pemlanent order. FOR TilE COURT. By: Is! Melissa P. Greevy. Esq. , Custody Conciliator ,\~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. Fur information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court. please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATroRNEY AT ONCE, IF YOU DO NOT HAVE AN A ll'ORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County nar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 ANTHONY F. MARIANI, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA NO. en - 3.:lIY C,J\ \ LINDA C. BROWN, Defendant CIVIL ACTION - LAW CUSTODYNISITATION PETITION TO MODIFY ORDER OF CUSTODY AND NOW, Defendant, LINDA C. BROWN, by and through her attorneys, Goldberg, Katzman & Shipman, P.C. and PaulJ. Esposito, Esquire, files this Petition to Modify Order of Custody, and in support thereof, avers the following: 1. action. 2. action. 3. Petitioner, Linda C. Brown, is the Defendant In the above-captioned custody Respondent, Anthony F. Mariani, is the Plaintiff in the above-captioned custody The parties hereto are the parents of two minor children, namely, Kristen Asayo Mariani, born January 1, 1990, and Mark Francis Mariani, born February 21, 1993. 4. On August 22, 1997, the Honorable Edgar B. Bayley entered an Order of custody, whereby the parties have shared legal custody, Petitioner has primary physical custody and Respondent has partial physical custody. A true and correct copy of said Order is attached hereto, made a part hereof and marked Exhibit "A". 5. The best interests and permanent welfare of the children will be served by a modification of the Court's Order as follows: A The Order of August 22, 1997, provides that Respondent has partial physical custody of the children on alternating weekends from Thursday at 5:00 p.m. until the following Monday morning at 6:30 a.m. In addition, during the summer school break, the Order provides that Respondent shall have partial physical custody on alternating Thursday evenings through Friday morning. B. Respondent has, virtually since the Inception of the said Order, failed to exercise partial custody of the children for overnights during the week. C. Respondent has indicated on more than one occasion that if Petitioner failed to arrive at his home on Monday morning at the conclusion of his period of partial physical custody, at the time he designated, the children would be left outside and unsupervised. D. On Monday, April 24, 2000, Respondent did in fact leave his home and had the children await Petitioner's arrival outside of the home. E. In light of Respondent's failure to fully avail himself of the specified periods of partial custody and his Irresponsible behavior in allowing the children to await their mother's arrival unsupervised and outside his home, the Order of August 22, 1997, should be modified to delete the overnight period during the week and to have the weekend partial custody end on Sunday evening rather than Monday morning. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify 2 ANTHONY F. MARIANI, Plaintiff IN THE OOURT OF CCX>lMOO PLEAS OF : CUMBERLAND COONTY, PENNSYLVANIA vs. : NO. 97-3214 CIVIL TERM LINDA C. BROWN, : Defendant : CIVIL ACTION - LAW : IN CUSTODY CIlDER OF cnJRT AND tOi, this J.;/ day of upon consideration of the attached Custody ordered and directed as follows: Q'1;~ , 1997, Conciliati n Report, it is 1. The Father, Anthony F. Mariani, and the Mother, Linda C. Brown, shall have shared legal custody of Kristen Asayo Mariani, born January 1, 1990, and Mark Francis Mariani, born February 21, 1993. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on the following schedule: A. During the school year, the Father shall have custody of the Children on alternating weekends (beginning August 14, 1997) from Thursday at 5:00 p.m. until the following Monday morning at 6:30 a.m. In addition, the Father shall have custody of the Children every Tuesday evening from 5:00 p.m. until 7:30 p.m. and, during weeks when he does not otherwise have a period of extended weekend custody, on Thursday evening from 5:00 p.m. until 7:30 p.m. B. The school year custody schedule shall continue in effect during the SLllm1er school break, with the exception that the Father's alternating period of Thursday evening custody shall be extended to continue through Friday morning at a time to be arranged by mutual agreement of the parties. C. During the SlJl11ller school vacation, each party shall have one full week of uninterrupted custody (to include the party's regular weekend period) upon providing notice to the other party by May 1 of the same year. D. The Father shall have custody of the Children for five (5) additional days any time during the year when the Children are not in school, upon providing one month advance notice to the Mother. 4. The parties shall share or alternate custody of the Children on holidays as follows: A. ChristmaS/New Years DaY/Easter/Thanksgiving: The holidays shall be divided into Segment A which shall run from the Exhibit "A" evening before the holiday at 5:00 p.m. until the day of the holiday at 12:00 noon and Segment B which shall run from the holiday at 12:00 noon until the following day at 7:00 a.m. For purposes of this Order, the entire New Years holiday shall be deemed to fall within the year of New Years Day. The Father shall have custody of the Children during Segment A in even numbered years on Thanksgiving and Easter, and in odd numbered years, on Christmas and New Years. The Father shall have custody of the Children during Segment B in even numbere<'l years on Christmas and New Years, and in odd numbered years on Thanksgiving and Easter. The Mother shall have custody of the Children during Segment A in even numbered years on Christmas and New Years, and in odd numbered years on Thanksgiving and Easter. The Mother shall have custody of the Children during Segment B in even numbered years on Thanksgiving and Easter, and in odd numbered years on Christmas and New Years. B. Memorial Day/Labor Day: The Father shall have custody of the Children on Memorial Day in even numbered years and on Labor Day in odd numbered years. The Mother shall have custody of the Children on Memorial Day in odd numbered years and on Labor Day in even numbered years. C. ~lother's Day/Father's Day: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day. 5. The holiday custody schedule shall supersede the regular custody schedule. 6. The parties information concerning activities and shall keep the Children. shall exchange all schedules and other pertinent the Children's school and extra-curricular each other informed of upcoming events involving 7. If, after following the custody schedule set forth in this Order for a period of at least three (3) months, either party feels the schedule is not serving the best interest of the Children, counsel for either party may contact the Conciliator to schedule a second Conference. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. TRUE COpy FROM RECORD In Testimony v, Ii ' "I, I h-,:o unl,) ,,'1 my ha.d and the seal of s",d COJ,! 2t Cari;sle, Pa. This H?.~1!H day OfCL1;H. 19~.Z:Z ISI E..i'ij"" 1\. ta...-e.__ ....H..H_.~~l-,~lait~~~I~~t:;te~, Esquire _ counse~ for Father u u Paul J. Esposito, Esquire - Counsel for Mother BY THE CDURT, J. >- Ct' sr. I, '- , , " ( , , , '. . L l , " L." (' ,. " -, u, : i-: 4.. C' , " , w ) (lj~ VI ~~~ ij ... VI '" ....B - 0 Q Ia u" .., H~ "'PlU- ~~ 3: ... ~ !;! = = :0 a.~~:J ... ==.Vl~ .... H <Bl <<Bl - C . .., ~ II:S .- bO . " ~ ~~5~~ c: ~ H pi . :'::;;2 - .... ~i <Bl .. _ ~ Hill . 8 E = III U I~ = .. ~ ,- g! - .~ .B ~ ; ~~;:!;~8 ~ I ~ = tS C'\ .c ~mSl",~ E1 N~~ ~~~5 . r.. . 8 u ; ~ ~~~ ~ ANl'HONY F. MARIANI, plaintiff . . IN THE muRT OF <:x:ll1MOO PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA vs. : NO. 97-3214 CIVIL TERM : LINDA C. BROON, Defendant : CIVIL ACTION - LAW : IN CUSTODY aIDER OF caJRT AND toi, this U- day of ..J;I,W- consideration of the attached CUstody conciliation Report, and directed as follows: , 2000, upon it is ordered 1. The prior order of this Court dated August 22, 1997 shall continue in effect as modified by this order. 2. The parties shall engage in a course of counseling with a professional selected by agreement of the parties and counsel. The purpose of the counseling shall be to assist the parties in developing sufficient camrunication and joint decision making skills to allow them to effectively co-parent their Children. The parties shall participate in a minimum of 6 sessions, with the frequency and duration of the counseling to be determined by the counselor. Each party shall be responsible for his or her own costs of counseling. 3. The parties shall obtain recOlll11E!ndations from the Children's counselor, Sally Rooney, as to whether it is in the Childr.en's best interest at this time to include weekday overnight periods of partial custody for the Father with either an extension of the weekend or otherwise. 4. pending further order of Court or agreement of the parties, the Father shall have custody of the Children during the school year on alternating weekends from Friday at 6:00 p.m. through Sunday at B:oo p.m. and every Monday from 6:00 p.m. until 8:00 p.m. During weeks following the Father's weekend periods of custody, the Father shall also have custody of the Children on Wednesdays fran 5:30 p.m. through 8:00 p.m., beginning August 30, 2000. 5. This order is not intended to modify the surrmer custody schedule set forth in the prior Court order dated August 22, 1997, including the applicabilty of provision 3A of that order. 6. The party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody unless otherwise arranged by agreement of the parties. 7. The Father shall ensure that the Children attend their regularly scheduled activities during his periods of custody.