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HomeMy WebLinkAbout97-05107 '~l '" ~ \.... \. q ~ ~ . .:) ~ c ....... .' 1<), I &: ~ LAW OFFICE OF '., '1<1)! "Iii, I -~)~ (jJ[~~[r~\~,~'\r lP~n li))G{llIlLJY;JCUJ' U "ii' Jerry A. PhUpon. E.qulr. Deborah McQuay, paralegal ATTORNEY,AT,LAW 221 No, High 51" PO Boo 116 Ouncannon. PA 11020.011 e 111 B34 J061 FAX B345431 Delobcr 26, 200S Cuurt Adminislrutor Cumberland Counly Courthouse I Courthouse Square Carlisle, PA 17013 File nu, OS-04-08 Re: Pee hart VS, Pee hart No: 97.S107 Dear Courl Administralor: This mailer was reactivated by a Pelition 10 Transfer filed on May 3, 200S. A rule was issued ul1the respondent, and the respondent answered on or about May 23, NOlhing has happened since, Can this mailer be lisled for argument'? I can find no specific procedures in your local rules that tell me how to gellhis moving, The mailer appears to be in front of Judge Hess. cc: Robert Lee Pee hart Anthony T. McBeth, Esquire ,.,.,: , ' i" I " , ~':.! ';111 ~" , ill III 1\ I. . :,~ ~~~ oi:;!lllao ~ &l1'.!;!~ 1'.!~ ~c:j:ll ~ -"'~o ,.., ~p z~;.. tl.. "'...", '!''''''~>g, I~ Sl!m ~ .. RECEIVED MAY 05 2fOji 1 . ROBERT 1.. I'ECHART, PlaintlCC IN THE COURT OF COMMON PLEAS OF CUMBERLANU COUNTY, PENNSYLVANIA vs. NO: 97-5107 ,/tILlE L. PECHART, Defendant CIVIL ACTION LAW - IN CUSTODY RULE AND NOW. this & (). dayof In 11. (J .2005, upon Petition of ROBERT L. PECHART, to transfer this action to Perry County. Pennsylvania. a Rule is issued upon the Respondent to show cause why the mailer should not be transferred to Perry County, Rule returnable ~o days from service, The Petitioner shall serve this upon the Respondent. BY THE COURT: /Iii J, ~ " r.' ":1.\ "~'--"", '\1 \""\...1-. . ...", . \~ >' ~., ~ -,-. . '. I~ . } It-I!"]"'!' '., ,. I Q - ),VII ~UUl Of: :'Z h1 - - '\ ::'-\L ~J :_.,-' ;\;::i. .j\ I'...i~(" :-',,:'cr\l'j '.... ~\".;';::'.- - , ~ED ... - ~...-::--~ -~ -- /.......- --- ""- -- .~-... I, Robert Lee Pechart. verity that the statements made in the lllregoing document is true and eorreclto my personal knowledge. infonnation and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904, relating to unsworn falsification 10 authorities, " ~ ,. n L. ....' c-=- ~~ ~ ~ r~> . \ c.J -<1 -" -- ::;! ..."!J in,;:.. -1'1 -','d ..~:; 1- ~ ) ( } !-",-, ..."", ~~ . \. ) ~,.\" , I ':., " .,) C<.. 1:-;1 .~ ~ '!',' a: . , ;.-t': . , ~ c.J .' N o q ROBERT L. PECHART. Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 97-5107 Civil JULIE L. PECHART, Defendant : CIVIL ACTION - LAW : CHILD CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO TRANSFER VENUE 1. Admitted; Mr, Pechart has been living in the Shermansdale area for approximately five years, 2, Denied as slated, Ms, Pechart lived on a purely temporary basis with friends in the New Bloomfield area for approximately three weeks, As is stated further in the Pelition, Ms, Pechart now lives at 260-B Willow Mill Park Road, Mechanicsburg, PA 17050, 3, Denied as stated. The address is actually 260-B Willow Mill Park Road, Mechanicsburg (Silver Spring Township. Cumberland County), PA 17050, Ms. Pechart actually moved there in late March, 2005, She was scheduled to move there on February 22, 2005, or March 1, 2005, but had to wait for the premises to receive repairs, A copy of the first page of Ms. Pechart's lease is attached hereto. marked Exhibit "A" and incorporated herein by reference, 4, Denied, This averment is a conclusion of law to which no response is required, 5, Denied, This averment is a conclusion of law to which no response is required, 6, Denied, This averment is not really susceptible of a response in that it is an expression of Petitioner Robert L. Pechart's wishes, 7. Denied as stated. It is difficult to determine what is meant by the phrase 'a great deal of information,' Further. even if information from Mr, Pechart's side of the case is r'. ,.., c ~.. C'. '~I -II -'I ~! . ,. : , "" " _., . " .i.; -' ::'.i ':.' -< r';J " <..l ,..; <'I ,- >- (, ' ~: ",'.: 'L ,. , . ~ I ~ (C , II ; ~ - ) ~.-~ , , " :'j I'., -- .', 0- 17' ) ..: I' f' . :;" .1;(- (\., ,).'J --!. ~.' L.. '1:..1.. to. ... "; ,,- .-- () u 0' " -:-. ~ ~~ ~ ~~ :1 illoo ..:l e . ~ ~ ~i I roB z ~ S o t >< U tIC Q ..:l ~ H . III 5 !i B .... .... '0'4 ~ '0'4 ~~ III lloo . ..:l ~ ~ I--; , ) . , ~~~ ~'r~ \'\ "'" s.. \~ '-i ~~ . III > ,jJ I .... .~ ~ III Ilo . ..:l III ij >< ~ B lko t 0 H Z ~ S ~ i U H ~ ~ -.r ','to I,'i, \>. ~ ~ }l If{ ~';~ .... ~ ~ ~ '~~ ~~ , . ~ ~ o ~~. ~ ~ w w . , ~~ d ::J~.ZNZ U .,l W _ J( Z ii: IJ 4 0 W "~.2~~ o ~ ffi ~ 0 l.l ~j'~~~ .J Z W ell . :!!! ~ ~ N Z . < , ~ ~EP 22 1997 1.\WIlIIIlI., M^IHIN Il f.h ('till It ROBERT L. PECHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs, JULIE L, PECHART, Defendant NO. 97 .5/C>7 CUSTODY CIVIL ~~"" ORDER OF COURT AND NOW, ---.9 j ;)'l:) \q, , 1997, upon consideration of the attached Complaint, it is hereby directed that the arties and counsel appear before ~ the conciliator, at .. ~ c ( '- on the ~'X , 1997, at g', DC) .M., for a Pre-Hearing Custody Conference. At an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Court 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. FOR THE COURT: By: r--Y:snUJi\.~, .~~ nKrlOJ_h IJ...n . Custody Conciliator (~,) U r'"""tJ 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. Court Administrator Fourth Floor Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 ("1,- 'r. F) ": C";-:,'" 1.....,. , " ~ ~ ..... ., j ~ 1 q7 "':"'~ ... . .".' 4' '., .' . ".\. f ' " ..1.., : C:U'" ; ,(.,- . .-,. ' r.......,.'i'\j'; .'",,:l' fd(. n M '~.'~~/~' a~ }t..{('Cdl rJ du' ,9) '-/'b--rtde ;!Z~& ~ ~ . ~'dt. P/ t~ ~,~~rf/ ;1.- 4; ~S;""~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, q 7, ~iL; 'I CIVIL CUSTODY ROBERT L. PECHART, Plaintiff JULIE L. PECHART, Defendant COMPLAINT FOR CONPIRMATION OF CUSTODY 1, The Plaintiff herein is ROBERT L. PECHART, residing at 218 West Simpson Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant herein is JULIE L. PECHART, residing at 1282 Boiling Springs Road, South Middleton Township, Cumberland County, Pennsylvania, 3. The Plaintiff seeks to confirm legal and physical custody of the following child: ~ Present Residence Aqe Cody Larz pechart 218 West Simpson Street 1 year Mechanicsburg, PA 17055 The child was born out of wedlock, The child is presently in the physical custody of the Plaintiff at the residence set forth in Paragraph 1, above. During the past five years, or since his birth, the child has res idee with the following persons and at the following addr~sses: Persons Addresses Dates 1,-......'lIli.!.. plaintif f, Defendant, Michael and Robin pechart 25 West Keller Street Mechanicsburg, PA 17055 10/29/95 to 8/96 M;\1l11~lll "1,1.\1111 Plaintiff and Defendant 321 West Main Street Mechanicsburg, PA 17055 8/96 to 8/31/97 plaint if f and Defendant and Diane Olson 216 West SimpDon Street Mechanicsburg, PA 17055 8/31/97 to 9/9/97 Plaint iff and Diane Olson 218 West Simpson Street Mechanicsburg, PA 17055 9/9/97 to present The mother of the child is Julie L. Pechart, currently residing at 1282 Boiling Springs Road, South Middleton Township, Cumberland County, Pennsylvania. She is married to the Plaintiff, Robert L. Pechart. The father of the child is Robert L. Pechart, currently residing at 218 West Simpson Street, Borough of Mechanicsburg, Cumberland Covnty, Pennsylvania, He is married to the Defendant, Julie L. Pechart. 4. The relationship of the plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: ~ Relationship Diane Olson Cody Larz Pee hart Aunt Son 5, The relationship of the Defendant to the child is that of natural mother, The Defendant currently resides with the following persons: Jeremy Belt Relationship Brother ~ 6. Plaintiff has not participated as a party or witness or IIIW"ll"j', M^'H Ifj II "t,1 .\11 II -2- in any other capacity in other litigation concerning the child in this or another court. plaintiff has no information of any other custody proceedings concerning the child pending in a court in this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) plaintiff is the more fit and suitable custodian for the child. (b) Plaintiff has been the primary caretaker of and care giver for the child, (c) Plaintiff is better able than the Defendant to provide a good home and stable environment for the child, 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action, WHEREFORE, Plaintiff requests the Court to confirm legal and physical custody of said child ~;d~(/a Marlin R, McCaleb Attorney I. D. No. 06353 219 East Main Street P.O, Box 230 Mechanicsburg, Pennsylvania (717) 691-7770 FAX: (717) 691-7772 Attorney for Plaintiff 17055 1:.....'.11101.. 1\I^'lIlr~ II fo,,\, ( AIIIl -3- vs, IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT L, PECHART, Plaintiff JULIE L, PECHART, Defendant NO, 97 - 5107 CUSTODY CIVIL ACCEPTANCE or SERVICE I accept service of the Complaint for Confirmation of Custody and Order of Court entered September 23, 1997. I certify that I am authorized to accept service on behalf of the Defendant, Julie L. Pechart, and I acknowledge receipt of a true copy of said Complaint /f})-L/ / Date{...Jf",/I(U'1/, 1997 J ~ ./ ..' a?f4""d;> nder, squire At orney fo Defendant 1 South Baltimore Street llsburg, Pennsylvania 17019-0421 (717) 432-4514 FAX: (717) 432-2812 Attorney I.D. No.: 07?l1)C, 1.\.\'''1''1', MhHllrj II M't ,\1111 (") ~ " c , , ::1 ~ -, , ., r~"; L --I , ';,~'~ I .' (, , , 0 . , . -' , . . ] . (U . , , , - , ,\ - - ., '. ) ,,'.. '_" ';l .-, -~ l'~ ~ '" ~ ~ ~! ~8 i ::J ~ '~iiI ~ ~ ~ a;ZN~ ~~. ~4~~ :>> IU :3: lD ~ :=- III.... 5 j ~3~~ . '" m ~ N ~ z ~ 5 ... 2 oel : 1 1997~ .~ c:o- . ~1 t: ~ ~ ~ ~ .i 4 ~ 'I ROBERT L, PECHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JULIE L. PECHART, Defendant NO. 97-5107 CUSTODY CIVIL ~ER O~ ~ AND NOW, this,r day of~ , 1997, in consideration of within Stipulation of Parties, and upon motion of Marlin R, McCaleb, Esquire, attorney for the Plaintiff, and Jane M, Alexander, Esquire, attorney for Defendant, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their son, CODY LARZ PECHART, 2. Plaintiff Father shall have primary physical custody of said minor child. 3. Defendant Mother shall have temporary physical custody with said minor child as follows: (a) On alternating weekends, from 6:00 o'clock P.M. on Friday evening until 9:00 o'clock P.M. on Sunday evening, commencing October 17, 1997; and (b) Each Wednesday evening, from 6,00 o'clock P,M. until 9:00 o'clock A.M. on Thursday morning. Mother shall deliver the child to the child's babysitter on Thursday morning. 4. Mother shall be responsible for transporting the child [",/"",..,,1 to and from the temporary physical custody periods. 5, The parent having physical custody of the child, ","1,'1111 Irl H '.1<, /01 I 1\ whether primary or temporary, shall not partake of alcoholic beverages or illegal drugs during such period of physical custody, nor shall that parent permit the child to be in the care of any other person then under the influence of alcohol or illegal drugs. 6. This is an interim Order of Court, which shall be without prejudice to the right of either party to seek different custody arrangements at the Custody Conciliation Conference scheduled for October 28, 1997, or any subsequent hearing in Court, J. 1.\'" '1I III", /I.llHlIltl II 1\l<1..\tUJ -2- ~ , 3. Defendant Mother shall have temporary physical custody with said minor child as follows: (a) On alternating weekends, from 6:00 o'clock P,M, on Friday evening until 9:00 o'clock P.M. on Sunday evening, commencing October 17, 1997; and (b) Each Wednesday evening, from 6:00 o'clock P.M, until 9:00 o'clock A,M. on Thursday morning. Mothe~ shall deliver the child to the child's babysitter on Thursday morning. 4. Mother shall be responsible for transporting the child to and from the temporary physical custody periods. 5. The parent having physical custody of the child, whether primary or temporary, shall not partake of alcoholic beverages or illegal ~rugs during such period of physical custody, nor shall that parent permit the child to be in the care of any other person then under the influence of alcohol or illegal drugs. 6. The parties intend that this Stipulation shall form the basis for an interim Order of Court, which shall be without prejudice to the right of either party to seek different custody arrangements at the Custody Conciliation Conference scheduled for October 28, 1997, or any subsequent hearing in Court. 7. All parties have read the provisions of this 1".....1'''.., M^IH ftl It ""10' ,\11 tl -2- '0' 'I' '" \,hU -, h '1,-'. \llh " Stipulation and manltest their coneent to the terms and conditions Met forth herein wlth the intention to be legally bound ther~by. as p.videnced by their eignatures below, This signature pdg~ maybe executed separately by the parties. ln two counterparts. bQch of which shall be taken together to be one and the sarn~ docum~nt. Witness: Marlin R. McCIlCeb--- Robert L, pechart At~0rnay f0~ Fl~~ntiff Dat~: , 1997 ?fl-;l~ exander Def~ndant 4(~i~ ~ pe1a~fa~-j Date I ~.LJ T . 1!l!l7 I I , !I " " I I I !I I, 1.1^~llt4 n .'1, "M",ce .........)'1111... -3- I'u~ ~ I'" l~' ' ~EEl l: 0 ".1;.' I~ .. ~ ~ ~!; I;:l I~ I:" . I:" frrr, . 'tI ~;~! ~i ~; ll: ~ '!Jlrt c: ~ en ~. . . t!. 1Il \~ ~ :l ' .,,:s _ 1'~' ~~ rT ~'tI~ > r ' .... :; 'r ~ g, .... rT .... I:"I~ i'" r:1 tt .... '" '" !il ;~~ ROBERT L. PECHART, plaintiff IN THE ODL~T OF COMMON PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA vs. NO. 97-5107 CIVIL TERM JULIE L. PECHART, Defendant CIVIL ACTION - LAW : IN CUSTODY ~ (F cnMr AND toi, this 3 day of upon consideration of the attached Cust ordered and directed as follows: , 1997, Report, it is 1. The prior Temporary Order of this Court dated October 17, 1997 is vacated and replaced with this Order. 2. pechart, shall 29, 1995. The Father, Robert L. Pechart, and the Mother, Julie L. have shared legal custody of Cody Lan Pechart, born October 3. Based upon the parties' agreement to utilize a shared custody arrangement on a trial basis and pending further Order of Court or agreement of the parties, the parties shall have shared physical custody of the Child under the following schedule: A. Each party shall have custody of the Child on an alternating weekly basis, beginning with the Mother having custody of the Child on Friday, October 31, 1997. The weekly exchange of custody shall take place on Fridays at approximately 5:00 p.m. or after work. At the beginning of her weeks of custody, the Mother shall pick up the Child at the Father's residence, and at the beginning of the Father's weeks, the Father shall pick up the Child from the residence of the paternal grandmother, paternal great grandmother or maternal grandmother, depending upon who is providing care for the Child during that day. B. The party who otherwise does not have custody of the Child during the week shall have custody frOOl Wednesday after work through the following Thursday IOOrning. The party obtaining custody shall pick up the Child at the caregiver's residence on Wednesday and return the Child to the caregiver's residence on Thursday morning. 4. The parties shall share having custody of the Child on holidays as follows: A. Christmas - In 1997, the Mother shall have custody of the Child frOOl after work on Christmas Eve through 12:00 noon on Christmas Day. The Father shall have custody of the Child from 12:00 noon on Christmas Day through the end of his regular period of weekly custody. B. Thanksgiving: In 1997, the Mother shall have custody of the Child from aft.er work on the Wednesday before Thanksgiving until OJetween 2:00 p.m. and 3:00 p.m. on Thanksgiving Day. The Father shall have custody of the Child from between 2:00 p.m. and 3:00 p.m. on Thanksgiving Day through the end of his regular period of weekly custody. C. The parties shall make arrangements by mutual agreement to share or alternate having custody of the Child on holidays which are not otherwise specified in this Order. D. For purposes of exchanging custody in accordance with the holiday custody schedule, the party receiving custody of the Child shall be responsible to provide transportation. 5. Neither party shall partake of alcoholic beverages or illegal drugs during his or her periods of physical custody with the Child, and neither party shall permit the Child to be in the care of anyother person then under the influence of alcohol or illegal drugs. 6. The parties and their counsel shall attend a second COnciliation Conference in the office of the CUstody Conciliator, Dawn S. Sunday, Esquire, on Tuesday, January 6, 1998 at 9:00 a.m. 7. 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. As this Order is entered on a trial basis as agreed by the parties, entry of this Order shall be without prejudice to the right of either party to seek different custody arrangements at the second Conciliation Conference or any subsequent Hearing in Court. BY THE COURT, J. I' , , \ ,I cc: Marlin R. McCaleb, Esquire - Counsel for Father Jane M. Alexander, Esquire - Counsel for Mother ~~ Il/S-/q 7 U-A1;- ROBERT L. PECHART, IN THE COURT OF (~ PLF~S OF Plaintiff . ClJMBERLAND COON'I'Y, Pf:NNS,/I,vANIA . vs. . NO. 97-5107 CIVIL TEllM . . . JULIE L. PECHART, CIVIL ACTION - LAW Defendant . IN CUSTODY . PRICR JUDGE: George E. Hoffer CUST<DY <XWCILIATIOO SlMlARY Rflllan' IN ACXXlmANCE WITIl ClflBllRLANl) CXXHrY RUL8 OF CIVIL PRo ....IRB 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: IWlE DATE OF 811m I ClJRRIoM'LY IN cm'Ia)Y OF Cody Larz pachart October 29, 1995 Fa ther 2. A Conciliation Conference was held on October 28, 1997, with the following individuals in attendance: The Father, Robert L. Pechart, with his counsel, Marlin R. McCaleb, Esquire, and the Mother, .Julie L. Pecharl, with her counsel, Jane M. Alexander, Esquire. 3. Initially, both parties sought to obtain prlnklry physical custody of the Child at the Conference. In an effort to resolve their dispute by agreement, the parties discussed several versions of II shared custody schedule. The parties were able to agrfi'o to attempt a week on/week off type of shared custody arrangement on a trial basis for two nonths. 4. The parties agreed to entry of an Ordor in the form as attached. OcJr,bU1 J~ /H) Date ({)~11_J-.L-r1 ~ Dawn S. Sunday I Esqu r Custody Conciliator .. :!' ~ i ~I; H [oj I~ t" t" ~~ ~ . . iill ~ ~ ~ ~~ 'U :; - - ~i t;!t"~~ ~ J ~ Ii' ~~~ Q b ' = Ii ~ " . !I> I"l d r . ~~i~ .' , :I - . -, !; '1Jl. rt .., :s )JI .... > !t I = = HI -~Clt;.= rt HI ""-I .... tv S;:t" iii ~ Ii'.a ~ ~ ~ '" ... ,: I~~ , ROBERT L. PECHART, plaintiff IN THE COURT O~' c:'a'1MCtl PLEAS OF CUMBERLAND COUN'I'Y, PENNSYLVANIA vs. NO. 97-5107 CIVIL TERM CIVIL ACTION - LAW JULIE L. PECHART, Defendant IN CUSTODY c.RIlm OF <XUn' "- AND 101, this I ~ day of consideration of the attached Custody Conc and directed as follows: , 1998, upon t is ordered 1. The prior order of this Court dated Noventler 3, 1997 is vacated and replaced with this order. 2. The Father, Robert L. pechart, and the Mother, Julie L. pechal:t, shall have shared legal custody of Cody Larz pechart, born October 29, 1995. 3. The parties shall have shared physical custody of the Child in accordance with the following schedule: A. Each party shall have cuslody of the Child on an alternating weekly basis, with the weekly exchange of custody to take place on Fridays at approximately 5:00 p.m. or after work. At the beginning of the her weeks of custody, the Mother shall pick up the Child at the Father's residence, and at the beginning of the Father's weeks, the Father shall piCk up the Child from the residence of the paternal grandmother, paternal great grandmother or maternal grandmother, depending upon who is providing care for the Child during that day. B. The party who otherwise does not have custody of the Child during the week shall have custody from Tuesday after work through the following Wednesday morning. The party obtaining custody shall pick up the Child at the caregiver's residence on Tuesday and return the Child to the caregiver'S residence on Wednesday morning. C. In the event that, due to time off from work, a party is able to pick up the Child earlier or return the Child later than provided in 8ubparagraphs A and B of this provision (and the other party is working or is otherwise unavailable to enjoy the Child's company), that party may extend his or her period of CUBtody during the time off from work upon providing reasonable advance notice to the other party. 4. The parties shall ahare or alternate having custody of the Child on holidays as arranged by mutual agreement. 5. Neither party shall partake of alcoholic beverages or illegal drugs during his or her periods of physical custody with the Child, and neither party shall permit the Child to be in the care of anyother person then under the influence of alcohol or illegal drugs. 6. Each party shall insure that the other party has his or her current address and telephone number and the parties shall notify each other promptly of any changes thereto. 7. 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 COURT, cc: Marlin R. McCaleb, Esquire - Couns Jane M. Alexander, Esquire - Counsel J. Q) ~ 1/1'+/'18, ..J ,-t' . .... "I ,- ,.. ,.. - , C':) lO '~ ; (). C"-I '. ." ~ , () I , ' " ( ll.." :;,1'1 - 1.'- , ..... i I' Co::' . ") '-' u' U ; , ; \ ;:~ ~": . ""'~~. . ."...;;..,',1 FL:;'J.~:'IL},'. ','. ?-'I~I 1l"l~1 II .{/-C I M ~II!~ ~4~ 71~ pt.Jv Z ~ - ('~ ~&t ;t" a4 ~f7 t.~\ " l)] , -l U> :r I 0 " '" ~ '" ~ ::' ~ '" )>!j; . . 0 " Z U> " (j)" U> ~ Z " ~ ~ '" 0 0 <: " ~ ~ D~ U> z z n ;; U> !\ I'l ill u ~ r GlQ - . " '" . ., '" " 0 ~ 0 c r 0 ',' ~ / " (j IrlO~) '. ,:' .'." , .. ,;. ",':" ;:.', (] SV"'jOfll . r n ~ '- (" ~ .... "" .... t' V, "ll .. .... (' ~ a ., I,' ,. '" Y. Mother hdd pldnned to have the child picked up by the CV school bus at her babysitter's residence, which was in CV. 10. On Monday, August 27, 2001, Father was informed by Mother that she no longer could use the babysitter and therefore was not going to have the child attend kindergarten at ev. 11. Father contacted the school district for his residence, West Perry School District, and obtained the forms necessary to enroll the child. 12. West Perry school started Monday, August 27, 2001. 13. Father informed Mother that he was enrolling the child in afternoon kindergarten in West Perry. 14. Although the parties, pursuant to the current custody order, were to be alternating weeks with the child, Father has had the child, with Mother's permission, for the last three (3) weeks. 15. Father's time was to end on Friday, August 31, 2001. 16. Upon Father's notification to Mother of his enrollment of the child in West Perry, Mother stated that she would be picking the child up from the day care provider and not allowing Father his periods of custody. 17. Mother has stated that she will not allow the child to attend kindergarten in her district, Carlisle School District. 18. Mother has stated that she will not coordinate the transportation for the child to attend West Perry. 19. Mother has no other lawful plan to allow the child to attend school in a district other than West Perry. 20. Father believes that it is in his son's best interest to attend school in West Perry. 21. Father will coordinate the child's attendance at West Pe r ry. " 22. Father has a readily available day care provider; in fact, Father has been utilizing the same day care provider throughout the summer during Father's weeks of custody. 26. Father will work to maximize Mother's quality time with 23. Father has remarried and his stepchildren, ages 6 and 7 use the same day care provider and attend West Perry. 24. The child is familiar and comfortable with the day care provider that Father has been using. 25. It will be less disruptive on the child if he lives primarily with his Father during the schonl year and attends West Perry. eody throughout the school year. WHEREFORE, Father requests that he be granted joint legal custody and primary physical custody of his son, Cody, subject to Mother's substantial periods of partial custody as agreed by the parties. Respectfully submitted, ~A.b ..i:::kI~ Thomas O. Gould, Esquire 10 U36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 . ~,. -' ~ . "" ,,0;, (I .,,~. '. (vll, L i;i'E' . , " ~ ~ T ~ II ~ ~ ~ " .... III !jll!l t" ~"'::lca5: , ~" i _. ~'<I t" ~~ ~ ~'~ a ~ '<I' ",-..,,= Ii ~; c ::: "" ;a ... I"l , e!... " ' " d ~ IQ;Q ~~,;,=" p-. :;~~&!a rr' , H\ o~S'PlQ' H\, ~' ~ '" "".. '" "" t"'<I ~ ~i ~~~ ~~ i~1!l .' '. , ROBERT L. PEC'IIA~T, PlainlilT IN TilE COURT OF COMMON PL.EAS OF CUMBERL.AND COUNTY, PENNSYL. VANIA vs. In-5107 CIVIL. ACTION LAW JULIE L.. PECIIART, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ,It day of Och__ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of this Court dated January 13, 1998 is vacated and replaced with this Order. 2. The parties shall obtain counseling for the Child with a professional sclcctcd by agreement of the parties. The purpose of the counseling shall be to assess the Child's adjustment to the custody situation in light of concems raised by Ihe parcnts with respect to the Child's behavior changes and expressions ofprefcrcnce. The parties shall follow Ihe recommendations of the counselor with respect to addressing issues of concern relating to Ihe Child and also any nccessary adjustments to the cuslody arrangements. The parties shall also follow the recommendations of the counselor with regard to the frequency and duration of counseling for the Child. The parties shall equally share any costs of counseling which arc not reimbursed by the parties' insurance coverage. 3. The Father, Robert L.. Pechart, and the Mother, Julie L.. Pechart, shall have shared legal custody of Cody Larz Pechart, bom October 29, 1995. Each parcnt shall have an equal right, to be exercised jointly with Ihe other parenl, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 4. The parties shall share having physical custody of the Child on an alternating weekly basis, with the exchange to take place every Friday at 4: 15 p.m. at the babysiller's residence. The alternating weekly schedule shall begin with the Fathcr Imving cuslody of the Child on September 21, 2001. 5. The parties shall share or altenmte having cuslody oflhe Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 6:00 p.m. The Mothcr shall have custody of the Child during Segment A in odd numbered years and during Segmcnt B in cven numbered years. The Father shall have custody of thc Child during Segmcnt A in even numbered years and during Segment B in odd numbered years. ~ (I) ~." J -' ,.-- c... ..~ .. ", ".: ,. i,' .:- J.,". '.;;, .,;:.:- , ~.} .. . ,'(;) '~ "- .J U H. T11t\NKSGIVIN(i: The Thanksgiving holiday periull of custody shall run from l):OlJ a.m. until 7:00 p.m. on Thanksgiving Day. The Father shall have custody of the Child on Thanksgiving in udd numbered years and the Mother shall have custody of the Child during even numbered years. C. EASTER: Thc Eastcr holiday period of custody shall run froml):OO a.m. until 7:00 p.m. on Easlcr Sunday. The MUlher shall have cuslody of the Child on Easter in even numberell years and thc Falher shall have custody of the Child during odd numbered years. D. MEMORIAL DA Y/JULY 4'fIl/LABOR DAY: The party who has custody of the Child under the rcgular custody schedule shall havc custody of the Child over the Memorial Day, July 4th and Labor Day holidays. E. MOTlIER'S DA Y/FATIIER'S DAY: The Mother shall have eustody of the Child every year on Mother's Day from 9:00 a.m. unlil 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The parties shall communicate directly wilh each other with regard to all issues affecting the Child, including but not limited to, school activities, projects and conferences. 7. Neither party shall use illegal drugs or consume alcoholic beverages to the point of intoxication during his or her periods of custody with the Child, and neither party shall pennit the Child to be in the care of any other person then under the innuence of alcohol or drugs. 8. Each party shall ensure that the other party has his or her current address and telephone number and the parties shall notify each other promptly of any changes thereto. 9. 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 consent. In the absenee of mutual consent, the tenns of this Order shall control. BY THE COURT, ~J- .;1 J cc: Thomas D. Gould, Esquire - Counsel for Father /6 crn.lu:> Jane M. Alexander, Esquire - Counsel for Mother - I J{).01'OI J, ROBERT L. PECUART, IN TIlE COURT OF COMMON PL.EAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 97.5107 CIVIL ACTION L.AW JULIE L. PECHART, Defendant IN CUSTODY PRIOR JUDGE: George E. Hoffer CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-S, the undersigned Custody Conciliator submits the following report: 1. The pertinent inforn1ation concerning the Child who is Ihe subject of this litigation is as follows: NAME DATE OF OIRTII CURRENTLY IN CUSTODY OF Cody LarJ: Pee hart October 29, 1995 Mother 2. A Conciliation Conference was held on September 20, 2001, wilh the following individuals in attendance: The Father, Robert L. Pechart, with his counsel, Thomas D. Gould, Esquire, and the Mother, Julie L. Pechart, with her cl)unsel, Jane M. Alexander, Esquire. Date 3. The parties agreed 10 entry of an Order in the f0l111 as attached. "'V,.,ak-~" d'l, ~c.nl a.wr---Li~/,,~ Dawn S. Sunday, Esquire (] Custody Conciliator . . . . ,,:~; L', ", ,,, 7.:3//b) 731.0.) /;]I-&,.) &d. I~ ~I!/ ;Z: eq ~ ~~~. /".,.dJ/ ~ afI dtf;6~ c~ /i1d~~v' $ 4'1 ~,. ~' " I ~ . .;,1' ,I, . 5 " Cllrl00 'CJ ,-;VvIOHl , . . " , ;I} -l U> :r I 0 Xi "'. ~ '" ~ ~ n )>j; . ~ Z ~~(j)" ~ '!l ~ 1'1 0 W 0 ~ 0\ O::l " z Z n . i'I Ul!i r'1 ill ~ j; Gl Q ~ '4 ~ 0 0 c r 0 ROBERT L, PECHAR~, Plaintitt IN THE COURT OF COMMON pLLAs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-5107 CIVIL TERM JULIE L. PECHART, D.t.ndant CIVIL ACTION - LAW CUSTODY ACTION ORDER OF COURT AND NON, upon consideration of the attached petition, It is hereby directed that the parties and their respective counsel appear before . Esquire, the Conciliator, at on , 2002, at _oM., for a Pre-Hearing Custody Conference. At such conference, an ~ffort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and custody orders to the conciliator 48 hours prior to scheduled hearing. For the Court, The court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disability Act of 1990. For information about accessihle 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 TAK8 THIS PAP8R TO YOUR LAWY8R 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 L8GAL H8LP. CUMB8RLAND COUNTY BAR ASSOCIATION 2 LIBERTY AV8NUE CARLISLE, PA 17013 (717) 240-3166 ROBERT L. PECHART, Plaintitt IN THE COURT or CCH<<lN PLBAS ctlMBZRLAND COUNTY, PENNSYLVANIA v. NO, 97-5107 CIVIL TERM JULIE L. PECHART, D.t.ndant CIVIL ACTION - LAN CUSTODY ACTION PETITION TO MODIFY CUSTODY ORDER 1. Plaintiff/Petitioner L. Pechart, is Robert The hereinafter referred to as Father, residing at 109 Village Square Drive, Shermansdale, Perry County, PA 17090. 2. The Oefendant is Julie L. Pechart, hereinafter referred to a as ~Iother, whose last known address was at 1282 Boil ing Springs Road, Boiling Springs, Cumberland County, PA 17007. 3. Plaintiff and Defendant are the biological parents of one child, Cody Larz Pechart, age 6, born 10/29/95. 4. Plaintiff seeks to Modify the Order dated October 1, 2001, by granting him primary physical custody of CQdy during the school year. The October 1, 2001 order. is attached as exhibit A. 5. Pursuant to the October 1, 2001 order the parties have been sharing custody of Cody on an alternating weekly schedule. 6. Cody attended kindergarten this year in the Cumberland Valley School District (CV). 7. Mother has not consistently resided in CV. 8. Father resides in West Perry School Oistrict. ..-----__-.7"_ 9. Father believes that it is in his son's best interest to attend school in West Perry. 10. Father will coordinate the child's attendance at West Perry. 11. Father has a readily available day care provider; in fact, Father has been utilizing the same day care provider throughout the summer during Father's weeks of custody. 12. Father has remarried and his stepchildren, ages 7 and 8 use the same day Cdre provider and attend West Perry. 13. The child is familiar and comfortable with the day care provider that Father has been using. 14. It will be less disruptive on the child if h<.! lives primarily with his Father during the school year and attends West Perry. 15. Father will work to maximize Mother's quality time with the child throughout the school year. WHEREFORE, Father requests that he be granted joint legal custody and primary physical custody of his son, Cody, subject to Mother's Jubstantial periods of partial custody as agreed by the parties. Respectfully submitted, ~uQ). ~ Thomas o. Gould, Esquire 10 *36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VBRl:rl:CATl:ON I l I, I, Robert L. Pechart, hereby certify that the foregoing PETITION TO KlDIn CUSTODY ORDU is true and correct to the best of my knowledge, information 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 to authorities. DATED: 7./'1. "l... L. Pechart i I i I I ~ r ~ .j.:.... -'\;.' ..' ( r.'-----. ., ..., J "". .. ~.. . , :~ ';;/;1<>1 ROBERT L. PECHART, Plainliff : IN THE COURT OF COM:-'ION PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI.\ \s. 97.5107 CIVIL ACTION LAW JULIE L. PECH.\RT, D<=f<=l1Ilant IN CUSTODY ORDER OF COURT MiD 1'10\\1, this J $1' day of LOc L., hi.! R ,2001, upon consid<=ration of lh<= allached Custody Conciliation R<=port, it is ordered and directed as follows: I. The prior Order of this Court dated January 13, 1998 is vacated and replaced with this Order. 2. The parlies shall obtain counseling for the Child with a professional selected by aljreement of the parties. The purpose of the counseling shall be to assess the Child's adjustment to the custody situation in light of concerns raised by the parents with respect to the Child's behavior changes and expressions of preference. The parties shall follow the recommendations orthe counselor with respect 10 addressing issues of concern relating 10 th<= Child and also any necessary adjustments to the custody arrangements. The parties shall also follow the recommendations of the counselor with regard to the frequency ,\Ild duration of counsding for Ihe Child. The parties shall equally share any costs of counseling which are not reimbursed by the parties' insurance coverage. J. The Father. Robert L. Pechart, and the Mother, Julie L. Pechart, shall have shared legal custody of Cody Larz Pechart. born October 29, 1995. Each parent shall have an cqual rillht. 10 be e.xercised jointly with the other parenl, to make all major non-emergeucy decisions affecting the Child's general well-being including, but not limited 10, all decisions regarding his health. education and religion. 4. The parties shall share having physical custody of the Child on an alternating weekly basis, with the exchange to take place every Friday at 4: IS p.m. at the babysill<=r's residence. The alternating weekly schedule shall begin with the Father having custody of thG Child on September 21. 2001. 5. The parties shall share or altemate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment .-\, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall nm from Christmas Day at 12:00 noon through December 26 at 6:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. TH.-\:\'KSGI\'I:'iG: The Thanksgiving holiday period of custody shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day. The Father shaH have cus:ocy oi the Child on Thanksgiving in odd numbered years and the ;vlother shall have custody of the Child during even numbered ~'ears. C, EASTE R; The Easter holiday period of custody shall run from 9:00 a.m. until 7:00 p.m. on Easte~ Sunday. The Mother shall have custody of the Child on Eas:er in even numbered years and the Father shall have custody of the Child during odd numbered years. D. MDIORIAL DA YIJl'L Y -ITHIl.ABOR DAY: The party who has custody oi the Child under the regular custody schedule shall have custody oi the Child over the Memorial Day, July -I:' and Labor Day holidays. E. ;\IOTHER'S DA PFATHER'S DAY: The Mother shall have custody oi:he Child every year on :Vlother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The panies shall communicate directly with each other with regard to all issues af:-e::ing the Child, including but not limited to, school activities. projects and conierences. i. Seither pan~' shall use illegal drugs or consume alcoholic beverages to the point of intoxication during his or her periods oi custody with the Child, and neither part}' shall permit the Child to be in the care of any other person then under the int1uence oi alcohol or drugs. S. Each party shall ensure that the other party has his or her cur.ent address and telephone number and the parties shall notiiy each other promptly of any changes thereto. 9. This Order is entered pUrluant to an agreement oi the panics at a Custody Co::ciliation Conierence. The parties may modiiy the provisions of this Order by mutual consent.. In the acsence oi mutual consent, the terms oi this Order shall control. , . . .- 1. cc: Thomas D. Gould, Esquire - Counsel for Father Jane M. Alexander, Esquire - Counsel ior Mother TiWE COi>Y FRO,'-{ RECORD In T d~lImCnr whereaf, I hcr~ unto sat my hand! ar..a t,l. s;R cf sa:c ' curt at I"uli-!e, Pa. Thl ......,........... 1 ....(9~..~.., 0 I ; ",..",;,lfj n r , I " ~ ~tl C' - !:r-~ - " ~ jf "..,.. ~ , I '.0 (It , ,. :( ...., -j . 7- :,'~ , ": ~ , , ;;:; ~ ... .--: -C,"] ~.. , , \I) ;;.. L- . . .... ':-=-I t C ',. ~ ::'J "V ~1 -, <... -<; .. ~ .. , . ~ ~ ~~!Z! ... ~~~ l'l i! t" ::: , t'" l\ ....lll~ll!l , ~:3 S '<I ::r "" ::: QI ::; ~~ ~; !l ~" i ~ -''':l .. !~~Q " '" a ~-,.. . ~~ iii Jj ::: ~. I"l , , e!... " . ~~ r ~., ,,- " t"'<I~ ~ '" . CI _~C'&~ rr .... ~!l er ~ CIa "" ~i ~ "" t:: "" ~ ~ ~~ i~1!l " ,. v!~ i'/i\lAf~~~~ ';,:Jd I I V".', -, .-,. ." :""'1'" _\.:j ,t,~ . f,,' .. l.,J LO:\IH'J'l-f,OlBOOZ ^b\'1Ci'i0H~(;C!d 3Hl :l0 3:JWO-{EllI:! I~S- ~Jll ROBERT L. PECHART, Plaintitf IN THE: COURT OF C1Jt1t.l0N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE L. PECHART, elVIL ACTION - LAW Defendant NO. 97-5107 CIVIL TERM IN RE: PETITION TO TRANSFER VENUE OROER OF COURT AND NOW, this 10th day of February, 2006, the motion to transfer this case to Perry eounty is denied. By the eourt, ./lJ Jerry A. Philpott, Esquire For the Plaintiff Anthony T. McBeth, Esquire For the Defendant -4F'~ ,,;J. I{'~f. <.).., :lfh ;~ '," '..'/,:1. 'or ';'H~J,.,.... \Jj' .' . '.;: I::J I ',;,"" t. S : II 1-:\' !~ I 83 :l9[Ol """ .... 1Ft: . , i', '1';;-11::.U ''''''''1, I,'.. ',l'~'J -" " 'I P-?;1l ROBERT L. I'ITIIART I'LAINTI~~ IN TilE COUIU OF COMMON PI.EAS OF CUMIIERI.ANIl COUNTY, PENNSYL VANIA V. 97.5107 CIVIl. ACTION LA W JULIE L. PECIIART IN CUSTODY DEFENDANT OIWE" OF COllin AND NOW, Frl!l!!y,!..~'~,~~'!l~! 200..6_,_......,.....", uplln consi<.kralilln of Ihe ulluehed Complaint, it is h~r~by direct~d that purli~s und Ih~ir r~sp~~tiv~ clluns~1 upp~ur b~Il)r~ Dawn 5, Sunday, Esq. , the ~onciliulor, .11 39 Wesl Main Slreel, M~eh,!~lcs~,u!g!PA.!7051...., on __ Tuesday, April 04, 2006 UI 8:30 AM for u Pr~-lIeuring Custody Conf~r~lIee. AI sllch cllnference, un efl\Jrt will be mud~ tll resolve the issues in dispule; or iflhis eunnol be uccomplished, tll dclille und nurrow Ih~ issu~s 10 be heurd by th~ eourl, und 10 ~lIt~r illlo u lemporary order. All children u~e live or older muy alsll be pn'sent allhe eUllferen~e. Fuilure to appeur Ul the conference muy provide grounds Illr entry of u templlrary or p~rmulle',1I urd~r. The courl hcrchy' dlrcels Ihc purllcs lu rUllllsh IIn)' IIlId ull cslSllllg I'rolcclloll from Abuse orders, Spcclull{cllef orders. lIild CuslOlh' orders 10 Ihc concllllllor 4H hours prior 10 scheduled hCllrln~, FOR TIlE COURT, lIy: .....t:<.I__,P,,":~I.?!..5.!lfl...cj!'Ylli~CJ,_____li Jt\, Cuslody Conciliulllr f"" The Court of Cl/lll1110n Pleus of CUl11h~rluml County is rC'luired by law 10 comply wilh the Amerkans with Disabilites Acl of 1'l'l0. For informal ion ubout ucc~ssible Iilcililies und r~asullahle u~cUlnmodaliol1s ul'ailuble 10 disabl~d individuals huving business hdilre the ~ourt, pleuse ~ol1tu~1 our onice. All urnll1g~menls musl he mud~ ut Ieust 72 hours prior 10 uny h~uril1g or business hdilre Ihe ~uurl. You musl ullend Ihe schcdulcd conlcrcnce or heuring. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT IIA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TEl.EPIIONE TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LECiAI.HEI.P. Cumherlund Counly Bur Associution 32 Soulh Ikdlind Slr~~1 Carlisle, Pennsyl\'ilnia 17111 J T c1ephllne (717) 2-1'l-3 166 F.~C "'00 8 ~"i 7 ROBERT L. PEClIART, Petilioner IN Tin: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO: 97-5107 JULIE L. PEClIART, Respondent CIVIL ACTION LAW - IN CUSTODY NOTICE AND ORDER OF COURT You, Julie L. Pechart, have been sued in court to oblain custody, partial custody or visitation of the child, Cody Larl Pechart. You are ordcrcd to appear in person at , on , 2006, at .m., for [] a conciliation or mcdiation confercncc. [] a prctrial confercnce, [] a hearing beforc thc 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 nlls PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TEL.EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL. HELP, Taryn Dixon, Court Administrator One Courthouse Square Carlisle, P A 1701) (7 (7) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is rcquired 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 conlerence or hearing. BY THE COURT: Judge ROBERT L. PECHART, Petitioner IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUfIITY PENNSYLVANIA n. NO: 97-5107 JULIE L. PECHART, Respondent CIVIL ACTION LAW -IN CUSTODY To the Honorable Judges of said Court: Petitioner, Robert L. Pechart, by his attomcy, Jerry A. Philpott, Esquirc, files this petition and respectfully represents the following: 1. Petitioner is Robcrt L.. Pcchart, who rcsides at 109 Village Square Drive, ShermansDale, Pcrry County, Pennsylvania. 2. Respondent is Julie L. Pechart, who resides at 260-0 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania. ), On October I, 200 I, the Honorable Kevin Hess entered a custody order, a copy of which is attached as Exhibit A, granting shared legal and physical custody between the parties. 4. Since the entry of Exhibit A, the following substantial circumstances and facts have changed, giving rise to this petition: respondent has changed residences numerous times between Cumbcrland and Perry County although she kept the child in the Cumberland County school system. However, the child his not been able find security in the homes she provides nor has hc been able to acquire neighborhood friendships or playmates a 10 year old boy needs. In contrast, respondent has continued to establish a permanent and stable home in Pcrry County, where the child .., . - Ii ".... """' 'ROBERT L. PECHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PUNNSYLVANIA vs, : 97-5107 CIVIL ACTION LA W JULIE L. PECHART, Defendant : IN CUSTODY ORDER OF COURT AND NOW, Ihis l.5t ~ay of lOc Lab!!' R. . . ,2001, upon, considcralion of lhe aU ached Custody Conciliation Report, il is ordered and directed as follows: I. The prior Order of thi~ Courl dated January I~. 1998 is vacaled and replar.~d wilh this Order. 2. The parties shall obtain counseling for the Child with a professional selected by agreement of Ihe parties. The purpose of the counseling shall be to assess Ihe Child's adjustment to the custody siluation in light of concerns raised by the parents with respecl to the Child's behavior changes and expressions Ilf preference, Thu parties shall follow the recontmendations or Ihe counselor with respect 10 addressing issues of concem relating to the Child and also any necessary at.ljuslments to the custot.ly .IrTallgemenls. The parties shall also follow the recommendations Ilr thc counselor with regard to the l're'luency ,l1ld duration of counseling for theChilt.l. The parties shall equally share any costs of counseling which arc not reimbursed by the parties' insurance coverage. 3. The Father, Robert L. Pechart. ami the Mother, Julie L. Pechart, shall have shared legal custolly of Colly L~rI. Pechart. born October 29. 1995. Each parent shall have an equal right, to be e.tercised jointly with Ihu other parent. to make all major non-emergency decisions affecting tbe Child's gener,ll well-being including, but not limitcU to. all decisions regilJ'ding his health. education and religion. 4. The panics shall share having physical custody of the Child on 011 alternating weekly basis, with the exchange to take place every Friday a14:15 p.m, at the babysiuer's residence. The alternating weekly schedule shall begin with the Father having custody of thl) Chilll on Scptember 21, 2001. S. The panics shall share or alternate having custody of tile Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided inlo Segmelll A, which shall run from Christmas Eve at 12:00 noon through Cllrislmas D~y at 12:00 noon, and Segment B, which shall run frum Christmas Day at 12:00 noon through December 16 at 6:00 p,m, The Mother shall .have custody of the Child during Segment ^ in odd numbered yel)rs and during S~gment B in even numbered years. The Father shall have custody of the Child during Segment ^ ill even numbered years and during Segment, B in Ildd number~J years, .. . _....rr ;','-'>"':"~' 1--8- ".. "'" . . . B. THANKSGMNG: The Thanksgiving holiday pe'riod of cUJtody shall run from 9:00 a.m. until 7:00 p.m, on Thanksgiving Day. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody of the Child during even numbered years, C. EASTER: The Easter holiday pciod of custody shalllUIl from 9:00 a.m, until 7:00 p.m. on Easter Sunday. The Mother shall have custody of the Child on Easter in even numbered years and the Father shall have custody of the Child during odd numbered yean, D. MEMORIAL DA Y/JUL Y 4THILABOR DAY; The party who has custody of the Child under the regular custody schedule shall have custody of the Child over me Mcmorial Day. July 4'" and labor Day holidays. E. MOTHER'S DA Y/FATHER'S DAY: The Mother shall hav~ custody oithe Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m, F. Thc holiday custody schedulc shall supcrsede and take precedence over the regular custody schedule. 6. The parties shall communicate directly with each other with rcgard 10 all issues affecting the Child, including but not limited to, school activities, projects and conferences. 7. Neither party shall use illegal drugs or consume alcoholic beverages 10 the point of intoxication during his or her periods of custody with the Child. and neither party shall pennit the Child to be in the care of any other person then undcr the influencc of alcohol or drugs. 8. Each party shall ensure that the other pany has his or her current addrcss and telephone number and thc parties shall nOlify each other promptly of any changes thereto. 9. Tius Order is .:r.,~r~d pct5lJan~ t~ an agr~'::uent of the p:l....t1es a: ~ Cas:OU) Car.ctiiarion Conferencc. The parties may modify the provisions oflhis Order by mutual consent. In the absence of mutual consent. thc tenns of this Order shall control. . BYT:tURr. IS/' ~ rJ.-1L "0) cc: Thomas D, Gould. Esquire - Counsel for Father Jane M. Alcxander. Esquirc - Counsel fur Mother J. T~UE COpy FROM RECORD In T 115t.mony whtreui. I ~ere unto set my hand ~~ r..,..it.~,5a;d ourtW~~' Pa. J . ...:.",,~........., 4f-' " .. P thonorary , ,... "" . ROBERT L. PECHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL V AN1A : 97..'107 CIVlLACTIONLAW vs. JUUE L. PECHART, Defendant : IN CUSTODY PRIOR JUDGE: Geoq:e E. Hoffer CUSTODY CONCILI..\TION SUMMARY REPORT I:."i ACCORDA.~CE "'lTH Cl,;;\OIBERl.A.'iD COUNTY RULE OF CI\lL PROCEDURE 1915.3-8. the undersigned Custody Conciliator submits the following report: I. The peninent inConnation concerning the Child who is the subject of this litigation is as follows: :-lAME DATE OF BIRTH CURRF.;o.1TL Y 1:'1/ CUSTODY OF Cody LiIlZ Pechart October 29, 1995 MOlher 2. A Conciliation Conference was held on S~prember 20.2001. with the tollowing indi\'iduals in anendance: The Father. Raben L. Pechan. with his counsel, Thomas D. Gould. Esquire. and the Mother, Julie L. Pecltart. with her counsel. Jane M. Alexander. Esquire. 3. Th~ "artles a17~cd .0 ~~try 0:' "', vr.:!;:r :11 tn. IOrt:l as alW.:ned. ~.~.i-<;'/"(]= Dawn S. Sunday. Esquire Custody Conciliator /'" ""1~ ::? Y, ;la" Date A:J (J ~ It. i ~ D 0-, n ,--, r) <c,. -n D .~' ... - ~ ~ :-i ~ () . , 1~1~ C~ ...., ~ ~ I , \j ( \- ..... --J I,' ~ ........ ;C'" -0 .' ..'1 (:5 J 12 . , ,! (.) :,t] '-I; '-. --J:- " f~ ~ rrn;~(. .I'~ I VIi:I)1 /\PR 0 Ii 2006 llY; [N THE COURT OF COM~iON'P'LEAS,t~~ CUMBERLAND COUNTY, PENNSYLVANIA . " ROBERT L.. PECIIART Plaintiff vs. 97-5[07 CIV[LACTlON LAW JULIE L.. PECHART Defendant [N CUSTODY ORDER OF COURT AND NOW, this & ~ day of 4r,,7 , 2006, upon consideration of the allached Custody Conciliation Report, it IS ordered and directed as follows: [. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated October I, 200 I shall continue in effect. 2. The parties shall make arrangements for the Child 10 participate in therapeutic counseling with a professional to be sekcted by agreement between the parties. The purpose of the counseling shall be to provide the Child with a neutral forum in which to explore and address issues related to the custodial situation, including any expressions of preference, and to provide guidance (in writing if requested) and infonnation to the parents to facilitate their efforts to meet the Child's needs, The parties shall equally share responsibility for payment of any costs of counseling which are not covered by insurance. 3. Within 60 days of completion of the Child's counseling, counsel for either party may contact the conciliator to schedule all additional custody conciliation conference, if necessary, to review the custodial arrangements. BY THE COURT, J. U :'\\) ~fJ o , './U.,.'.\! .'~"!;,';~;d AIL,," o':n:::l J 0 :11 IIJ 9- ~!d\l %Ol ~..'" ... '" I' "J' tJ"O:' i .,,--, -"'L1. . , .-...,.. ,.~.. -" ... ~'_J .'.'::' (n-,L~ .~--~- . , ROOERT L.. PECHART Plainti ff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL. VANIA vs. 97-SIC/7 CIVIL ACTION LAW JULIE L. PECHART Defendant IN CUSTODY Prior Judge: Kevin A, Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Cuslody Conciliator submits the following report: 1. The pcrtincnt infornlation conccrning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody Larz Pechart October 29, 1995 Mother/Father 2. A custody conciliation confcrcnce was held on April 4, 2006, with the following individuals in attendance: The Father, Robert L. Pechart, with his counsel, Jerry A. Philpott, Esquire, and the Mother, Julie L.. Pechart, with her counsel, Anthony T. McBeth, Esquire. 3. The parties agrced to entry of an Order in the fonn as attached. ~ ((J~ ~ Dawn S. Sunday, Esquire Custody Conciliator r. ':;00& . I':. .{)i'9 /1- ROB RT L. PECHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO: 97-5107 JUL E L. PECHART, Defendant CIVIL ACTION LAW - IN CUSTODY PETITION TO TRANSFER VENUE COMES NOW, ROBERT L. PECHART, by his counsel, Jerry A Philpott, Esquire, and p itions the Court to transfer the matter to Perry County for the following reasons: 1. For the last several years, since ROBERT L. PECHART has remarried, he has been living in Perry County in the Shermansdale area, 2. For three (3) months, most recently, Respondent also lived in Perry County in the New Bloomfield area, 3. Respondent, JULIE L. PECHART, has moved to a new location in Cumberland County within the last few weeks to, 260-D Willow Mill Park Road, Mechanicsburg, PA 17050, 4. If this were this a new action, Petitioner could have brought it in Perry County at this time. 5. Pursuant to Rule 1915,2(d) the matter may be transferred to any county in which the action could have been brought at the time of the filing for the petition to Transfer. 6. For the convenience of the parties, Petitioner requests that the matter be transferred to Perry County for purposes of a Modification Petition. 7. A great deal of information concerning the child and Petitioner's side of the case is in Perry County and has been for several years. 8. Respondent has moved around to numerous places in Cumberland County and more recently was jiving in Perry County, ing the matter to Perry County. WHEREFORE, Petitioner prays for D ted: April 25, 2005 I, Robert Lee Pechart, verifY that the statements made in the foregoing document is true and Offect to my personal knowledge, information and belief, I understand that false statements herein e made subject to the penalties of 18 Pa,C,S. S 4904, relating to unsworn falsification to uthorities. 1-' ? "",;') ~" -<. ~,~ \ 0,) -0 ------ o -t' ,...\ -:,:,". ---(', In i-,'::~ -.......'.] .,"\ -),C:: , ~.~ . ~'? .--' '0 RECEIVED MAY 0510055 J.j ROBERT L. PECHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 97-5107 JULIE L. PECHART, Defendant CIVIL ACTION LAW - IN CUSTODY RULE AND NOW, this (p (j, day of Yn t1. --<'1 o ,2005, upon Petition of ROBERT L. PECHART, to transfer this action to Perry County, Pennsylvania, a Rule is issued upon the Respondent to show cause why the matter should not be transferred to Perry County. Rule returnable 20 days from service, The Petitioner shall serve this upon the Respondent. BY THE COURT: /It! J. ~.00 D~,D OS:8 !1d 9.. .I I'Ll Q:<"Z " i', ',' ,~ .,IvU . ROBERT L PECHART, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-5107 Civil JULIE L PECHART, Defendant : CIVIL ACTION - LAW : CHILD CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO TRANSFER VENUE 1. Admitted; Mr. Pechart has been living in the Shermansdale area for approximately five years. 2. Denied as stated. Ms. Pechart lived on a purely temporary basis with friends in the New Bloomfield area for approximately three weeks. As is stated further in the Petition, Ms. Pechart now lives at 260-B Willow Mill Park Road, Mechanicsburg, PA 17050. 3. Denied as stated. The address is actually 260-B Willow Mill Park Road, Mechanicsburg (Silver Spring Township, Cumberland County), PA 17050. Ms. Pechart actually moved there in late March, 2005. She was scheduled to move there on February 22, 2005, or March 1, 2005, but had to wait for the premises to receive repairs. A copy of the first page of Ms. Pechart's lease is attached hereto, marked Exhibit "A" and incorporated herein by reference. 4. Denied, This averment is a conclusion of law to which no response is required. 5, Denied. This averment is a conclusion of law to which no response is required. 6. Denied, This averment is not really susceptible of a response in that it is an expression of Petitioner Robert L. Pechart's wishes. 7, Denied as stated. It is difficult to determine what is meant by the phrase "a great deal of information." Further, even if information from Mr. Pechart's side of the case is available in Perry County, the more significant information is available in Cumberland County, where the case was initially filed, and where it should stay. Julie L. Pechart is a resident of Cumberland County and has been a resident of Cumberland County throughout the pendency of this action, except for a temporary three week absence between February and March, 2005. Further, the child has always attended school and done all of his other significant activities in Cumberland County and the case should stay in Cumberland County. 8. Denied. As noted in the previous paragraph, Respondent Julie L. Pechart's presence in New Bloomfield was temporary, only until she could find new housing in Cumberland County, which she has done, since March, 2005. WHEREFORE, Respondent Julie L. Pechart requests that the Court deny Robert L. Pechart's Petition to Transfer Venue to Perry County, tax the costs of the Petition upon Robert L. Pechart and order that Robert L. Pechart pay the attorney's fees of Julie L. Pechart involved with the Petition to Transfer Venue because, as Mr. Pechart should know, the Petition is frivolous; Respondent Julie L. Pechart also requests that the Court provide any other relief that the Court deem appropriate. ~ 1.~J Jl<J5 Date CJ hony T. McB ,E : Attorney for Re po dent 407 North Fron St. First Floor Harrisburg, PA 101 (717) 238-3686 Supreme Court I.D. # 53729 VERIFICATION I, Julie L. Pechart, a Defendant/Respondent in the foregoing action, verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa. C. S. S4904 (relating to unsworn falsification to authorities). MAY 26, 2005 Date ~ "-.f~iA4= Jul" L. Pecha ( . ROBERT L. PECHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO, 97-5107 JULIE L. PECHART, Defendant IN RE: PETITION TO TRANSFER ACTION TO PERRY COUNTY ORDER AND NOW, this '3-i' day of November, 2005, a hearing on the within petition to transfer action to Perry County is set for Friday, February 10,2006, at 9:30 a,m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~ Philpott, Esquire For the Plaintiff J LO :\\WJ ~-ISJN~~\JZ A\:NlO\';OHLC8d 31-11 :10 38H:\(}{}jlH ROBERT L. PECHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE L. PECHART, Defendant CIVIL ACTION - LAW NO. 97-5107 CIV=L TERM IN RE: PETITION TO TRANSFER VENUE ORDER OF COURT AND NOW, this 10th day of February, 2006, the motion to transfer this case to Perry County is denied. By the Court, ,A/l Jerry A. Philpott, Esquire For the Plaintiff Anthony T. McBeth, Esquire For the Defendant ,4r"~' .;I . j~-. () r. ~J-., :lfh /. :~ : Ii (, eu . ROBERT L. PECHART, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA vs. NO: 97-5107 JULIE L. PECHART, Respondent CIVIL ACTION LAW - IN CUSTODY PETITION TO MODIFY CUSTODY To the Honorable Judges of said Court: Petitioner, Robert L. Pechart, by his attorney, Jerry A. Philpott, Esquire, files this petition and respectfully represents the following: I, Petitioner is Robert L Pechart, who resides at 109 Village Square Drive, ShermansDale, Perry County, Pennsylvania, 2, Respondent is Julie L Pechart, who resides at 260-D Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania, 3, On October 1,2001, the Honorable Kevin Hess entered a custody order, a copy of which is attached as Exhibit A, granting shared legal and physical custody between the parties, 4, Since the entry of Exhibit A, the following substantial circumstances and facts have changed, giving rise to this petition: respondent has changed residences numerous times between Cumberland and Perry County although she kept the child in the Cumberland County school system, However, the child his not been able find security in the homes she provides nor has he been able to acquire neighborhood friendships or playmates a 10 year old boy needs. In contrast, respondent has continued to establish a permanent and stable home in Perry County, where the child has strong bonds with his step-siblings, playmates, and other attachments, In addition, the child repeatedly tells his father he wants to live in Perry County. 5. As a result of the foregoing, the existing provisions regarding custody are no longer in the best interest and welfare of the child, 6, The best interests and welfare of the child will be promoted by a modification of the present visitation schedule for the above reasons, WHEREFORE, your petitioner respectfully prays that this Honorable Court modifY the visitation schedule as follows: shared legal custody in the parties with petitioner having primary physical custody and respondent having partial physical custody, Dated: February 27,2006 End,: Exhibit A - October 1,2001 Order . G'- "'_-0 '"' ""'" -ROBERT 1. PECHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 97-5107 CNIL ACTION LAW JULIE L. PECHART. Defendant IN CUSTODY ORDER OF COURT AND NOW, this /51 ~ay of (DeLhl" R ,200\, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of this Court dated January 13, 1998 is vacated and replaced with this Order. 2. The parties shall obtain counseling for the Child with a professional selected by agreement of the parties. The purpose of the counseling shall be to assess the Child's adjustment to the custody situation in light of concerns raised by the parents with respect to the Child's behavior changes and expressions of preference. The parties shall follow the recommendations of the counselor with respect 10 addressing issues of conce'n1 relating to the Child and also any necessary adjustments to the custody arrangements, The parties shall also follow the recommendations of the counselor with regard to the Irequency and duration of counseling for the .Child. The parties shall equally share any costs of counseling which are nol reimbursed by the parties' insurance coverage, J. The Father, Robert L. Pechart. and the Mother, Julie L. Pechart, shall have sharcd legal custody of Cody Lao. Pecharl. born Octobcr 29, 1995, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including. but not limited to. all decisions regarding his health, education and religion, 4. The panics shall share having physical custody of the Child on an alternating weekly basis, with the exchange to take place every Friday at 4:15 p.m, at the babysitter's residence. The alternating weekly schedule shall begin with the FallJer having custody oftlHI> Child 011 September 21,2001. 5, The parties shall share or alternate having custody ofU:e Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas D~y at 12:00 noon, and Segment B, which shall run from Christmas Day at \2:00 noon through December 26 at 6:00 p,m, The Mother shall-have custody of the Child during Segment A in odd numbered yel)rs and during Segment B in even numbered years, The Father shall have custody of the Child during Segment A in even numbered years and during Scgment.B in odd numbered years, ,.......,- " ,-"'--' .<,....-:....... : .:. ".;:~.:. . ," ".. """ . . , B. THANKSGMNG: The Thanksgiving holiday penod of custody shall run from 9:00 a.m. until 1:00 p,m. on Thanksgiving Day. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody of the Child during even numbered years. . C. EASTER: The Easter holiday period of custody shall run from 9:00 a.m. until 7:00 p.m. on Easter Sunday, The Mother shall have custody of the Child on Easter in even numbered years and the Father shall have custody of the Child during odd numbered years, D. MEMORIAL DAY/JULY 4THILABOR DAY: The party who has custody of the Child under the regular custody schedule shall have custody of the Child over the Memorial Day, July 41h and Labor Day holidays. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody oithe Child every year on Mother's Day from 9:00 a,m, until 7:00 p,m, and the Father shall have custody of the Child every year on Father's Day from 9:00 a,m, until 7:00 p,m, F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule, 6, The parties shall communicate directly with each other with regard to all issues affecting the Child, including but not limited to, school activities, projects and conferences. 7. Neither party shall use illegal drugs or consume alcoholic beverages to the point of intoxication during his or her periods of custody with the Child, and neither party shall pennit the Child 10 be in the care of any other person then under the influence of alcohol or drugs, 8, Each party shall ensure that the other party has his or her current address and telephone number and the parties shall notify each other promptly of any changes thereto, 9. 'TIllS Order is ep-~~:-ed pUf:illam ~o an agre:::nent or the p:l.."'11es a~ ;,:. Cas:oli, COGCtltation Conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent. the terms of this Order shall controL ' BY THE JURT' ISl--f~ cj. -111\0) cc: Thomas D, Gould. Esquire - Counsel for Father Jane ;V!. Alexander, Esquire - Counsel ior Mother J. T~UE COpy FROM RECORD In T .;;rr'mony whereoi, I i]ere unto set my hand ij~~ 'Jf ~ of sa:d ourt. ~arlitle, Pa. Thl fj..."....,...... ,..;~~c:;.., ZfjQ/ . , P othonotary , ",.. '"' ~ ROBERT L. PECHART, ; IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA vs. : 97-5107 CIVIL ACTION LAW JULIE L. PECHART, Defendant IN CUSTODY PRIOR.JUDGE: George E. Hoffer CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDk'iCE "lTH CU:\lBERLA;'i"D COUNTY RULE OF CI\-lL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the Child who is the subject of this litigation is as follows: NA"l\lE DA TE OF BIRTH CURRENTLY IN CUSTODY OF Cody Larz Pechan October 29, 1995 Mmher 2. A Conciliation Conference was held on September 20,2001, with the lollowing individuals in attendance; The Father, Robert L. Pechan, with his counsel. Thomas D, Gould. Esquire. and the Mother, Julie L. Pechan. with her counsel. Jane J'vl, Alexander, Esquire. Date 0, The par'.ies agreed ,0 ~r.tf\' of 0.-, Oruer :n ill" jonn as attacned, ~.~ ~y ~onl Ou~~j~ ' Dawn S. Sunday, Esquire Custody Conciliator I verify that the statements made in this Petition to Modify Custody are true and correct to my best personal knowledge, I understand that false statements herein are made subject to the penalties of 18 Pa, C. S, 94904 relating to unsworn falsification to authori ' , () .l.Q.. -;::J \ VI. 1;. C> -- .~<~ \) ""',".- - c.n. \) , ...::{ C> _-....1 (n ::e -0 ~ ...::? - ?=- -t:) f- . . --r ROBERT L. PECHART PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 97-5107 CIVIL ACTION LA W JULIE L. PECHART iN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 10,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq, , the conciliator, at 39 West Main Street, Mechanicsbur2, PA 17055 on Tuesday, April 04, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard hy the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ /s/ Dawn S. Sunday, Esq. Custody Conci liator f^ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the eourt, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3 166 ~ fr~~-~' OK) 4r~:irJ ~ f'?rPU/ ~ 1::?/1/. F -6 .% ~-PJ1.I ?Ok'; ?(;l./;/ r ~ ~ ~??11( 4;> y7J 1(/./7/ E :, :~: : T \' : i -: ~ ,. "I ~ , ..." , ,..:L r -.._-:;- ~ =--;-___ ,..-. ... -:-:;-::::-~.~ '. \/ ~ ,( ~ _d" , ROBERT L. PECHART Plaintiff 'f' '" 'O[~ j IN THE COURT OF COMM~5~PLEAS4~~~ CUMBERLAND COUNTY, PENNSYLVANIA vs, 97-5107 CIVIL ACTION LA W JULIE L. PECHART Defendant IN CUSTODY ORDER OF COURT AND NOW, this (, .. day of 4rn 7 , 2006, upon consideration of the attached Custody Conciliation Report, it IS ordered and directed as follows: L Pending further Order of Court or agreement of the parties, the prior Order of this Court dated October I, 2001 shall continue in effect. 2, The parties shall make arrangements for the Child to participate in therapeutic counseling with a professional to be selected by agreement between the parties, The purpose of the counseling shall be to provide the Child with a neutral forum in which to explore and address issues related to the custodial situation, including any expressions of preference, and to provide guidance (in writing if requested) and information to the parents to facilitate their efforts to meet the Child's needs. The parties shall equally share responsibility for payment of any costs of counseling which are not covered by insurance. 3, Within 60 days of completion of the Child's counseling, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to review the custodial arrangements. BY THE COURT, J, \.p <:\\) ~\) o \ U,...\ :n,. q} "J ;.\'-',r\ ,,) (' .~ ~'~!JI -~ ROBERT L. PECHART Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 97-5107 CNIL ACTION LAW JULIE L. PECHART Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody Larz Pechart October 29, 1995 Mother/Father 2, A custody conciliation conference was held on April 4, 2006, with the following individuals in attendance: The Father, Robert L. Pechart, with his counsel, Jerry A, Philpott, Esquire, and the Mother, Julie L. Pechart, with her counsel, Anthony T. McBeth, Esquire, 3. The parties agreed to entry of an Order in the form as attached. ~ J. CJoou, . ()~~ Dawn S, Sunday, Esquire Custody Conciliator ROBERT L. PECHART Plaintiff Jr;l) \UG :z 4 lOO~ IY: i IN THE COURT OF COMMON PLEAS OF -> CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-5107 CIVIL ACTION LAW JULIE L PECHART Defendant IN CUSTODY ORDER OF COURT AND NOW, this ;;1/)+ day of ,Au~... Y , 2006, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1, The parties shall contact Martha L Williams, LCSW, RPT -S to schedule an additional session to address the concerns raised by the Mother with regard to the Child's most recent expressions of preference regarding the custody schedule to the paternal grandparents. The parties shall request guidance in writing from the counselor following the session(s). 2. In the event the outstanding custody issues are not resolved by agreement following the counselor's assistance as provided in this Order or in the event of substantial delay in resolution, counsel for either party may contact the conciliator to request the scheduling of a hearing. BY THE COURT, ~(~ J. J{~V ~''T o FiLED-O~FICE OF THE PROT~ONOTARY 2DD6 AUG 30 [\illl: 45 CUI" ;:,::' : ('I J~"TV IV1'.-',__. ". '...;...h~i I PEi'.Jf\'SYLVAJ\!iA ROBERT L. PECHART Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 97-5107 CIVIL ACTION LAW JULIE L. PECHART Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody Larz Pechart October 29,1995 MotherlFather 2. A custody conciliation conference was held on August 22, 2006, with the following Individuals in attendance: The Father, Robert L. Pechart, with his counsel, Jerry A. Philpott, Esquire, and the Mother, Julie L. Pechart, with her counsel, Anthony T. McBeth, Esquire, 3. The parties agreed to entry of an Order in the form as attached. ,(J-,~ Dawn S. Sunday, Esquire Custody Conciliator