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HomeMy WebLinkAbout03-0919JACKI MCELHATTAN and : IN THE COURT OF COMMON PLEAS OF VICTOR MCELHATTAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : DOCKET NO. C) 3 - q / t JAIME MCELHATTAN, : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are Jacki McElhattan and Victor McElhattan, residing at 513 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Jaime McElhattan, whose last known address is 513 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiffs seek custody of the following child: Name Present Residence Date of Birth Harmoni Rose 513 North Enola Drive May 4, 2002 McElhattan Enola, PA 17025 4. The child was born out of wedlock. 5. The child is presently in the custody of Jacki McElhattan and Victor McElhattan, Plaintiffs herein, who reside at 513 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 6. During the past five (5) years, the child has resided with the following persons and at the following addresses: Name Address Dates Jacki McElhattan Victor McElhattan Jaime McElhattan 513 North Enola Drive Enola, PA 17025 May 4, 2002 - February 22, 2003 Jacki McElhattan 513 North Enola Drive February 22, 2003- Victor McElhattan Enola, PA 17025 Present 7. The mother of the child is Jaime McElhattan, whose last known address is 513 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. She is not married to the father of the child. 8. The father of the child is only known as Shawn, whose last known residence is in the Summerdale area. He is not married to Jaime McElhattan. 9. The relationship of Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with the following persons: Name Relationship Harmon Rose McElhattan Granddaughter 10. The relationship of Defendant to the child is that of mother. Mother does not have a stable residence. 11. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 2 12. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. Plaintiffs do not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested. 15. Plaintiffs have standing to petition this Court for physical and legal custody of the minor child pursuant to 23 Pa.C.S.A. § 5313(b). 16. It is in the best interest of the child not to be in the custody of either parent and it is in the best interest of the child to be in the custody of the maternal grandparents. 17. Plaintiffs have genuine care and concern for the child. 18. Plaintiffs' relationship with the minor child began with the consent of a parent of the minor child. 19. Plaintiffs, since the child's birth, have shared the roles and responsibilities of the child's parents, providing for the physical, emotional and social needs of the child. Plaintiffs deem it necessary to assume responsibility for the minor child who is substantially at risk due to parental neglect. 3 20. Mother has had extended periods of absences during which she would travel out-of-state without any prior notice and would leave the minor child with the maternal grandparents. 21. Mother has been incarcerated in three different county prisons as a result of arrests and/or convictions for bad check charges and for robbery-related charges. 22. The Plaintiffs, Jacki McElhattan and Victor McElhattan, stand "in loco parentis" with regard to the child, Harmoni Rose McElhattan, since Plaintiffs have assumed the obligations incident to the parental relationship. Plaintiffs have assumed parental status of the minor child and have discharged parental duties with respect to the minor child. WHEREFORE, Plaintiffs respectfully request the Court to grant them custody of the minor child, Harmoni Rose McElhattan. Respectfully submitted, Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street Harrisburg, PA 17101 (717) 232-1851 Dated: February 28, 2003 Attorneys for Plaintiffs 4 VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. February 28, 2003 c "?f J ki McElhattan VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. February 28, 2003fZ Victor McElhattan C? ITI Ch . \ V V ' JACKI MCELHATTAN & VICTOR IN THE COURT OF COMMON PLEAS OF MCELHATTAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAIME MCELHATTAN • 03-919 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 06, 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, March 20, 2003 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ M issa P rj&vy,Esq Custody Conciliator The Court of Common Pleas of Cumberland County .is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /7-'w A?7; VINVAIA'SNN3d ?j MAR 2 3 2003 V JACKI MCELHATTAN and IN THE COURT OF COMMON PLEAS OF VICTOR MCELHATTAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-919 CIVIL TERM V. CIVIL ACTION - LAW JAIME MCELHATTAN, IN CUSTODY Defendant ORDER OF COURT AND NOW, this I-Z?* day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Mother, Jaime McElhattan shall have legal custody of the minor child, Harmoni Rose McElhattan, born May 4, 2002. However, in the event that Mother would not be available, the Maternal Grandparents, Jacki McElhattan and Victor McElhattan, shall have legal custody for the purposes of authorizing medical care, pending Mother's availability. 2. Physical Custody. Mother shall have primary physical custody. The Maternal Grandparents shall have periods of partial custody arranged as follows: A. Weekends: To commence March 21, 2003, on alternate weekends from Friday at 9:00 a.m. until Sunday at 8:30 p.m. B. Fridays: To commence March 28, 2003, each Friday from 9:00 a.m. until 8:30 p.m.. C. Tuesdays: To commence March 25, 2003, each Tuesday from 9:00 a.m. until 8:30 p.m. D. In the event that Mother has to work the daylight shift, Harmoni will be in the custody of the Maternal Grandparents. In the event that Harmoni is asleep when it is the end of the Maternal Grandparents' period of custody, they may return Harmoni after she wakes up from her nap, provided however, that they must inform Mother before exercising this option. 3. Transportation. Mother shall arrange transportation incident to the Maternal Grandparents period of custody, unless otherwise agreed. NO. 03-919 CIVIL TERM 4. Holidays and the Child's Birthday. Mother will arrange for the sharing of time on holidays and the child's birthday with the Maternal Grandparents, at such times as the parties may agree. 5. Nothing in this Order is intended to preclude Father from his right to petition to modify this Order and receiving a hearing de novo. Dist: Heather M. Faust, Esquire, 218 Pine Street, Harrisburg, PA 17101 Jaime McElhattan, 1001 Rupley Road, Apt. 301, Camp Hill, PA 17011 I ;>- ?y c?-; c*.: --- _ _ I' ??? ? ? _ ?.? _ -._ ? ` ..V - ?_? ? ? - __.. ? ? . ^ Lam. --- :: '_:?+ ?J JACKI MCELHATTAN and VICTOR MCELHATTAN, Plaintiffs V. JAIME MCELHATTAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-919 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Harmoni Rose McElhattan May 4, 2002 Mother 2. A Custody Conciliation Conference was held on March 28, 2003 pursuant to the Maternal Grandparents Complaint for Custody filed on February 28, 2003. Attending the Conference were: the Maternal Grandparents, Jacki McElhattan and Victor McElhattan and their counsel, Heather M. Faust, Esquire; the Mother, Jaime McElhattan, attended pro se. The alleged Father, Shawn Cruz, did not attend. 3. The Maternal Grandparents and Mother reached an agreement in the form of an Order as attached. 4. Counsel for the Petitioners did not present Proof of Service for the purported Father. Plaintiff's counsel indicated that they did not have the last name of the Father until it was disclosed at the Custody Conciliation Conference. Mother reports that purported Father has had no contact with her subsequent to the time that she notified him that she was pregnant. She also reports that he has never seen the child and pays no child support. NO. 03-919 CIVIL TERM She does not know where the purported Father resides or works nor does she know his social security number or birth date. She reports that his last community in which she believes he resided was Summerdale, Pennsylvania. She reports that he has a rather unstable employment history of working at gas stations for brief periods of time. -,/a 4/03 Date :211256 C,? Melissa Peel Greevy, Esquire Custody Conciliator Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiffs/Petitioners JACKI MCELHATTAN and VICTOR MCELHATTAN, Plaintiffs/Petitioners V. JAIME MCELHATTAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-919 : CIVIL ACTION -LAW : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiffs/Petitioners, Jacki McElhattan and Victor McElhattan, by and through their counsel, Courtney Kishel Powell, Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, and hereby filed the within Petition to Modify Custody and in support thereof avers the following: Petitioners are Jacki McElhattan and Victor McElhattan, Plaintiffs in the above- captioned action, who currently reside at 513 North Enola Drive, Enola, Cumberland County, Pennsylvania. 2. Respondent is Jaime McElhattan, Defendant in the above-captioned action, who resides at the Harvon Motel, 851 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania. Prior to that, Respondent resided at 320 #5 Shady Lane, Enola, Cumberland County, Pennsylvania. 3. The Petitioners are the maternal grandparents of the minor child, Harmoni Rose McElhattan, born May 4, 2002. 4. The Respondent is the mother of the child, Harmoni Rose McElhattan. 5. The child's father is only known as Shawn, and his last known residence was in the Summerdale area. He is not, nor has ever been married to Respondent. He has never seen the child, nor does he pay support. 6. On March 26, 2003, a Custody Order was entered giving Respondent primary physical custody of the minor child, and Petitioners periods of partial custody on alternating weekennds from Friday 9:00 a.m. through Sunday at 8:30 p.m., and every Tuesday and Friday from 9:00 a.m. until 8:30 p.m. A copy of the order as agreed to by the parties is attached hereto as Exhibit "A" and incorporated herein by reference. 7. Despite the current order, Petitioner's have had custody of the minor child since November 10, 2006, and shortly after that date, Respondent opted not to see the minor child for a two week period. Respondent has had visitation with the minor child at Petitioner's home; however, Respondent has not asked to exercise her periods of custody. 8. Petitioner's have learned that Respondent is using illegal drugs, namely crack cocaine. Illegal substances and drug paraphernalia were recently found in Respondents' bedroom, at 320 #5 Shady Lane, Enola, Cumberland County, Pennsylvania. Due to Respondent's sporadic employment, Respondent has sold furniture to get money to support her addiction. 9. In addition, Respondent's home is not fit for a minor child to reside in. Petitioner's recently entered Respondent's residence, and found piles of dirty clothes, dishes that had not been washed, pots on the stove with visible mold, as well as mold in the child's drinking 2 cups. Several dozen empty beer cans circled Respondent's bed in her bedroom. Cat litter and trash was also scattered over the living quarters of the residence. The residence is completely unkept and is a dangerous and unhealthy environment for the minor child. 10. Respondent's lease was terminated at her location at 320 #5 Shady Lane, Enola, Cumberland County, Pennsylvania. She currently lives in a motel room, and may be living with her boyfriend, who is also a known drug user. 11. Petitioners believe and therefore aver that it is in the child's best interest to give them primary physical custody of the minor child at this time, and allow Respondent periods of supervised visitation. In addition, Petitioners request sole legal custody of the minor child, until such times as Respondent proves that she is capable of caring for her minor child, and able to make responsible decisions for her wellbeing. WHEREFORE, the Petitioners requests that this Honorable Court enter an Order granting them sole legal and primary physical custody of the minor child, Harmoni Rose McElhattan. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP ?? r, Dated: B Y Courtney Kishel P ell Attorney I.D. #815N9 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiffs/Petitioners VERIFICATION I, Jacki McElhattan and Victor McElhattan, verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. 111- 1 Date: 7 ' ?& Date: r ? - ? 7 -- 06 J ki McElhattan --d- Victor McElhattan 6 EXHIBIT "A? r MAR 2 3 2003 JACKI MCELHATTAN and IN THE COURT OF COMMON PLEAS OF VICTOR MCELHATTAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-919 CIVIL TERM V. CIVIL ACTION - LAW JAIME MCELHATTAN, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 9-(, day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Mother, Jaime McElhattan shall have legal custody of the minor child, Harmoni Rose McElhattan, born May 4, 2002. However, in the event that Mother would not be available, the Maternal Grandparents, Jacki McElhattan and Victor McElhattan, shall have legal custody for the purposes of authorizing medical care, pending Mother's availability. 2. Physical Custody. Mother shall have primary physical custody. The Maternal Grandparents shall have periods of partial custody arranged as follows: A. Weekends: To commence March 21, 2003, on alternate weekends from Friday at 9:00 a.m. until Sunday at 8:30 p.m. B. Fridays: To commence March 28, 2003, each Friday from 9:00 a.m. until 8:30 p.m.. C. Tuesdays: To commence March 25, 2003, each Tuesday from 9:00 a.m. until 8:30 p.m. D. In the event that Mother has to work the daylight shift, Harmoni will be in the custody of the Maternal Grandparents. In the event that Harmoni is asleep when it is the end of the Maternal Grandparents' period of custody, they may return Harmoni after she wakes up from her nap, provided however, that they must inform Mother before exercising this option. 3. Transportation. Mother shall arrange transportation incident to the Maternal Grandparents period of custody, unless otherwise agreed. NO. 03-919 CIVIL TERM 4. Holidays and the Child's Birthday. Mother will arrange for the sharing of time on holidays and the child's birthday with the Maternal Grandparents, at such times as the parties may agree. 5. Nothing in this Order is intended to preclude Father from his right to petition to modify this Order and receiving a hearing de novo. BY THE COURT: J. Dist: Heather M. Faust, Esquire, 218 Pine Street, Harrisburg, PA 17101 Jaime McElhattan, 1001 Rupley Road, Apt. 301, Camp Hill, PA 17011 in ?? kMoy whereof, i We unto t my hand and the $a of said Curt at Q`0sle, Pa. t_r 2 day ot- a-etq-3 Prothonotarjf JACKI MCELHATTAN and VICTOR MCELHATTAN, Plaintiffs V. JAIME MCELHATTAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-919 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Harmoni Rose McElhattan May 4, 2002 Mother 2. A Custody Conciliation Conference was held on March 28, 2003 pursuant to the Maternal Grandparents Complaint for Custody filed on February 28, 2003. Attending the Conference were: the Maternal Grandparents, Jacki McElhattan and Victor McElhattan and their counsel, Heather M. Faust, Esquire; the Mother, Jaime McElhattan, attended pro se. The alleged Father, Shawn Cruz, did not attend. 3. The Maternal Grandparents and Mother reached an agreement in the form of an Order as attached. 4. Counsel for the Petitioners did not present Proof of Service for the purported Father. Plaintiff's counsel indicated that they did not have the last name of the Father until it was disclosed at the Custody Conciliation Conference. Mother reports that purported Father has had no contact with her subsequent to the time that she notified him that she was pregnant. She also reports that he has never seen the child and pays no child support. NO. 03-919 CIVIL TERM She does not know where the purported Father resides or works nor does she know his social security number or birth date. She reports that his last community in which she believes he resided was Summerdale, Pennsylvania. She reports that he has a rather unstable employment history of working at gas stations for brief periods of time. Date Melissa Peel Greevy, Esquire Custody Conciliator :211256 JACKI MCELHATTAN and : IN THE COURT OF COMMON PLEAS VICTOR MCELHATTAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Petitioners vi. : DOCKET NO. 03-919 JAIME MCELHATTAN, CIVIL ACTION -LAW Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioners, Jacki McElhattan and Victor McElhattan, hereby certify that I have served a copy of the foregoing Petition to Modify on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Jaime McElhattan Harvon Motel 851 North Hanover Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: I'? C By: Courtney L. Kishel Attorney I.D. #815 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Petitioners Q ?t1 JACKI MCELHATTAN AND VICTOR IN THE COURT OF COMMON PLEAS OF MCELHATTAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-919 CIVIL. ACTION LAW JAIME MCELHATTAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 09, 2007 , 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, Mechanicsburg, PA 17055 on Wednesday, February 07, 2007 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children alye 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 hearin1j. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq Custody Conciliator 'The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i c I, ?ZI wd 01 NIF LOU AEG;A,. " ..?, ??-? ""I ; , '-?i-l3. ? 0 FEB09Wik JACKI MCELHATTAN AND IN THE COURT OF COMMON PLEAS OF VICTOR MCELHATTAN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-919 CIVIL ACTION LAW JAIME MCELHATTAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this t? day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: 1. The prior Order of this Court dated March 26, 2003, is vacated and replaced with this Order. 2. The Mother, Jaime McElhattan and the Maternal Grandparents, Jacki and Victor McElhattan, shall have shared legal custody of Harmoni Rose McElhattan, born May 4, 2002. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non- emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. Each party shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. Pending the additional custody conciliation conference to be scheduled by the Mother's counsel and further Order of Court or agreement of the parties, the Maternal Grandparents shall have primary physical custody of the Child and the Mother shall have liberal periods of custody with the Child at the Maternal Grandparents' residence, with the specific times and days arranged by agreement with the goal of maximizing the Mother's time with the Child. 4. The parties agree that the Maternal Grandparents may enroll the Child for Kindergarten in the East Pennsboro School District in the event the Child is residing with the Grandparents at that time. 5. The Mother shall obtain a drug and alcohol evaluation as soon as possible following the initial custody conciliation conference. The Mother shall sign any authorization deemed necessary by the evaluator in order to provide results and recommendations to the Maternal Grandparents or their counsel. 6. At such time as the Mother has completed the drug and alcohol evaluation and obtained appropriate housing for the Child, counsel for the Mother may contact the conciliator to schedule an additional custody conciliation conference to review the custodial arrangements. 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 consent. In the absence of mutual consent, the terms of this Order shall control. cc: , Vourtney Kishel Powell, Esquire - Counsel for Maternal Grandparents face D'Alo, Esquire - Counsel for Mother ? - ? ?. ? ?t? ?.? C??7 6 .-"'?? ? ? 7 G ,,.. ?:3 ? ?? t?? ^ r JACKI MCELHATTAN AND VICTOR MCELHATTAN Plaintiff vs. JAIME MCELHATTAN Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-919 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Harmoni Rose McElhattan DATE OF BIRTH May 4, 2002 2. A custody conciliation conference was held on February 7, 2007, with the following individuals in attendance: the Maternal Grandparents, Jacki and Victor McElhattan, with their counsel, Courtney K. Powell, Esquire and the Mother, Jaime McElhattan, with her counsel, Grace D'Alo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. rum 7 S007 Date J Dawn S. Sunday, Esquir Custody Conciliator JACKI MCELHATTAN and VICTOR MCELHATTAN, Plaintiffs VS. JAIME MCELHATTAN, Defendant IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 03-919 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION OF ORDER OF COURT TO THE HONORABLE THE JUDGES OF THE SAID COURT: NOW COMES Defendant, JAIME MCELHATTAN, by and through her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiffs are JACKI MCELHATTAN and VICTOR MCELHATTAN, the maternal grandparents of the minor child. 2. Defendant is JAIME MCELHATTAN, who currently resides at 1435 State Road, Duncannon, County of Perry, Pennsylvania. 3. Defendant is the natural mother of the minor child, HARMONI ROSE MCELHATTAN, born May 4, 2002. 4. That on February 13, 2003, the Honorable Edgar B. Bayley entered an Order granting primary physical custody of the minor child to the Plazintiffs and rights of temporary physical custody of said minor child to the Defendant. A copy of the Order is attached hereto as Exhibit "A." 5. The Order requires Defendant to complete a drug and alcohol evaluation and obtain appropriate housing for the Minor Child. 6. That Defendant has completed the drug and alcohol evaluation and has obtained appropriate housing for the Minor Child. WHEREFORE, Defendant respectfully requests that Your Honorable Court enter an Order granting primary physical custody of the minor child to Defendant. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Petition are true and correct. 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. DA E 6AIMZt HATTA JACKI MCELHATTAN and IN THE COURT OF COMMOM PLEAS OF VICTOR MCELHATTAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW Vs. JAIME MCELHATTAN, NUMBER: 03-919 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, KELLY P. ROBERTS, Paralegal, for Attorney Charles E. Petrie, hereby certify that on August 13, 2008, a true and correct copy of the attached Petition for Emergency Custody Order was served by First class mail, postage prepaid on the following: HEATHER M. FAUST, ESQUIRE 218 PINE STREET HARRISBURG, PA 17101 JAIME MCELHATTAN 1435 STATE ROAD DUNCANNON, PA 17020 DATED: 8 13 2008 CHARLES E. PETRIE, ESQUIRE BY: '1?tlly P. YR'oberts ,8528 Bnsban Street Harrisburg, PA 17111 (717) 561-1939 Page 1 of 1 F MAR 2 Z!?t13 JACKI M+CELHATTAN and . IN THE COURT OF COMMON PLEAS OF VICTOR MCELHATTAN, CUMBERLAND COUNTY, PENNSYLVANIA PW*t ft NO. 03-919 CIVIL TERM v. CIVIL ACTION - LAW JAIL MCELHATTAN, IN CUSTODY MI) NOW, the a-go , day of March, 2M, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as folk s- I , Leaw Csarto?y. The Mother, Jaime McElhattan shalt heave legal custody of the minor chid, Harman! Rose Mcftaftn, born May 4, 2002. Howe`, In the event that Mo#w would root be avaiable, the Maternal Graendparerots, ,lack! McEihadan and Velar McElhattan, shag hem legal custody for the purposes of authors medical care, pending Mother"'s availability. 2. Physical Qom. Mottw shell have primary phial custody . The Maternal Grandparents shall have periods of partial custody arranged as 11ollows: A. Weekends: To commerm March 21, 2003, on alternate weekends from Friday at 9:00 a.m. until Sunday at 8:30 p.m. B. Fridays; To commence March 28, 2003, each Friday from 9:00 a.m. until 8:30 p.m.. C. Tuesdays: To commence March 25, 2003, each Tuesday from 9.1)0 a.m. until 8;30 p.m. D. In the event thal Mother has to work the daylight shalt, Harmr nl wit be in the custody of the Malerrrai Grandparer . In the event that Hamrioni is asteep when ti Is the and of the Maternal Grandparents' period of custody, they may return Harrnoni s r she wakes up from her nap, provided hcervever, filet they roust inform Mother bream ercising this option, 1 TransRqrtat gn. Mother shalt arrange transportation Incident to the Maternal Gratndparwrts perliod of custody. unless otherwise agreed. http://records.ccpa.net/weblink_publiclImageDisplay.aspx?cache=yes&sessionkey=WLIma... 8/8/2008 Page 1 of 1 NO. o3-919 C11tiL TERM 4, MWEM and the Chid's OW !fir will arrange W the sharing of time on h0lldep and the chili's birthday with the Maternsi Grandpanmft, at such times as the pardes y agree. 5. NW* in this Order is intended W pwlude FaMer from W right to petition to modify this Order and receiving a hearing deg novo. BY THE COURT, J. Dixt i ioWw K Fes,quk% 21a PkwSkoKw? ? ja?,?nr PA I?101 Jakm ?h, 1001 PA** FmK Apt 301, CrwW (i, PA 17011 rRu t 'Y FROM RE RO A TNl lt4tl? X11 iii ura mmaN1 W4 of um cpt at CW*. It NOW 1004 http://records.ccpa.net/weblink-PubliclImageDisplay.aspx?cache=yes&sessionkey=WLIma... 8/8/2008 3 ? ? t.LT JACKI MCELHATTAN AND VICTOR IN THE COURT OF COMMON PLEAS OF MCELHATTAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-919 CIVIL ACTION LAW JAIME MCELHATTAN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, August 14, 2008 , 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, Mechanicsburg, PA 17055 on Thursday, September 18, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By; Is/ Dawn S. Sunda Es q. ?jyA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 Z =Zt d ! gn V ggoZ "'t, Lc qP e008 JACKI McELHATTAN and VICTOR McELHATTAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2003-919 CIVIL ACTION LAW JAIME McELHATTAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2_ day of C,-?Pl tat, , 2008, upon consideration of the attached Custody Conciliation Report, rt is ordered and directed as follows: The prior Order of this Court dated February 7, 2007 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Child on every weekend from Friday at 7:00 p.m. through Sunday at 7:00 p.m., with the maternal Grandparents having custody during any period of a weekend during which the Mother is working. The weekend schedule shall begin with the Mother having custody on the first two (2) weekends from 9:00 a.m. until 7:00 p.m. each day as a transition for the Child before beginning overnight periods of custody which shall begin on October 17, 2008 (the third weekend). In addition, the Mother shall have periods of custody with the Child during weekdays as arranged by agreement between the parties. 3. Over the Christmas holiday, the Mother shall have custody of the Child from after work on Christmas Eve through Christmas Day at 12:00 noon and the maternal Grandparents shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The parties shall share having custody of the Child on the other holidays as arranged by agreement. 4. The Child shall continue to be enrolled in the East Pennsboro School District unless otherwise agreed between the parties. All parties shall ensure that the Child attends her regularly scheduled activities during each party's respective periods of custody. 6. Unless otherwise agreed between the parties, the Mother shall provide all transportation for exchanges of custody. 7. The parties shall cooperate in obtaining information on and initiating parenting classes to assist them in facilitating the transitions in the custody schedule for the Child and in promoting the Child's well-being as adjustments are made to the custodial schedule. 8. Within three (3) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to review the custodial arrangements. 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 absence of mutual consent, the terms of this Order shall control. cc: ? ourtney Kishel Powell, Esquire - Counsel for maternal Grandparents ./Charles E. Petrie, Esquire - Counsel for Mother e , .?L 4?ag?o? t ,_^ N y V JACKI McELHATTAN and VICTOR McELHATTAN Plaintiff vs. JAIME McELHATTAN Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-919 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Harmoni Rose McElhattan May 4, 2002 Maternal Grandparents 2. A custody conciliation conference was held on September 24, 2008, with the following individuals in attendance: the maternal Grandparents, Jacki McElhattan and Victor McElhattan, with their counsel, Courtney Kishel Powell, Esquire, and the Mother, Jaime McElhattan, with her counsel, Charles E. Petrie, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey; PA 17033 Attorneys for Plaintiffs/Petitioners JACKI MCELHATTAN and VICTOR MCELHATTAN, Plaintiffs/Petitioners V. JAIME MCELHATTAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 03-919 CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes the Plaintiffs/Petitioners, Jacki McElhattan and Victor McElhattan, by and through their counsel, Courtney Kishel Powell, Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, and hereby file the within Petition for Emergency Relief and in support thereof avers the following: Petitioners are Jacki McElhattan and Victor McElhattan, Plaintiffs in the above- captioned action, (hereinafter referred to as "Maternal Grandparents") who currently reside at 513 North Enola Drive, Enola, Cumberland County, Pennsylvania. 2. Respondent is Jaime McElhattan, Defendant in the above-captioned action, (hereinafter referred to as "Mother") who is believed to reside at RD 1 Box 237 J, P.O. Box 245, Liverpool, PA 17045. 3. The present custody action involves one minor child, namely, Harmoni Rose McElhattan, born May 4, 2002. The child is seven (7) years old. 4. On or about September 24, 2008, the parties were present for a custody conciliation conference with Dawn Sunday, Esquire. At that time, the parties reached an agreement, which was later memorialized in an Order of Court dated September 29, 2008. A true and correct copy of the Order is attached hereto and marked as Exhibit "A". 5. Since the entry of this Order, Mother has failed to exercise her periods of partial physical custody as outlined in Paragraphs 2 and 3 of the Order. She has; however, continued to see the child at Grandparent's home. 6. Pursuant to the terms of the Order, and by Agreement of the parties, the Maternal Grandparents have primary physical custody of the minor child. 7. In October, 2009, Mother moved to Liverpool, Pennsylvania, where she resides with her girlfriend, Faith McMullen, Michele Dressler, and Ms. Dressler's boyfriend, whose name is not known. On or about December 20, 2009, the Maternal Grandparents were advised by Mother that Mother intended to exercise her period of partial custody Christmas Eve through noon on Christmas Day, pursuant to Paragraph 3 of the Order. 9. Mother informed Maternal Grandparent, Jacki McElhattan, on December 21, 2009 that when she has the child in her custody, all of her roommates will be present at her residence, including Michele Dressler. 10. Michele Dressler plead guilty to, and was convicted of, four (4) counts of Statutory Sexual Assault in 2005, and was sentenced to serve one to three years incarceration at a state correctional facility. 2 11. It is believed and therefore averred that it is not in the child's best interest to be with Mother at Mother's residence, so long as Mother resides with individuals who have convictions for sexual assault related offenses involving minors. 12. Grandparents are willing to permit Mother to exercise her period of partial custody in their home, so that Mother can be with the child for Christmas. 13. Petitioners will be filing to modify the current Custody Order following the Christmas holiday. WHEREFORE, for the foregoing reasons, Petitioners/Maternal Grandparents respectfully request this Honorable Court to grant this Petition for Emergency Relief and suspend the present Custody Order dated September 29, 2008 and Order Mother to exercise her period of physical custody for Christmas and all other periods of time at Grandparent's home until further Order of Court. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: Courtney Kishel ell Attorney I.D. #8 50 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiffs/Petitioners EXHIBIT "A" ?Fp t tow JACKI McELHATTAN and . VICTOR McELHATTAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2003-919 CIVIL ACTION LAW JAIME McELHATTAN Defendant IN CUSTODY ORDER OF COURT ('01 2448, upon AND NOW, this day of consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 7, 2007 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Child on every weekend from Friday at 7:00 p.m. through Sunday at 7:00 p.m., with the maternal Grandparents having custody during any period of a weekend during which the Mother is working. The weekend schedule shall begin with the Mother having custody on the first two (2) weekends from 9:00 a.m. until 7:00 p.m. each day as a transition for the Child before beginning overnight periods of custody which shall begin on October 17, 2008 (the third weekend). In addition, the Mother shall have periods of custody with the Child during weekdays as arranged by agreement between the parties. 3. Over the Christmas holiday, the Mother shall have custody of the Child from after work on Christmas Eve through Christmas Day at 12:00 noon and the maternal Grandparents shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The parties shall share having custody of the Child on the other holidays as arranged by agreement. 4. The Child shall continue to be enrolled in the East Pennsboro School District unless otherwise agreed between the parties. 5. All parties shall ensure that the Child attends her regularly scheduled activities during each party's respective periods of custody. 6. Unless otherwise agreed between the parties, the Mother shall provide all transportation for exchanges of custody. . 2-1. The parties shall cooperate in obtaining information on and initiating parenting classes to assist them in facilitating the transitions in the custody schedule for the Child and in promoting the Child's well-being as adjustments are made to the custodial schedule. 8. Within three (3) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to review the custodial arrangements. 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 absence of mutual consent, the terms of this Order shall control. cc: ??OUrtney Kishel Powell, Esquire - Counsel for maternal Grandparents Charles E. Petrie, Esquire - Counsel for Mother e°P ?? , ?LL VERIFICATION I, Jacki McElhattan and Victor McElhattan, verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: r UIXM2 J ki McElhattan Date: --k -Yq?,?/LILJ Victor McElhattan JACKI MCELHATTAN and VICTOR MCELHATTAN, Plaintiffs V. JAIME MCELHATTAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-919 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioners, Jacki McElhattan and Victor McElhattan, hereby certify that I have served a copy of the foregoing Petition for Emergency Relief on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Jaime McElhattan RD 1 Box 237J P.O.Box 245 Liverpool, PA 17045 VIA U.S. MAIL. FIRST CLASS, PRE-PAID Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Dated: By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Courtney L. Kishe Attorney I.D. #815 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 ri, ?7 77 Gk N 3 5 316 i G'ffe stet .Ja ACS DEC 1 [ zooy JACKI MCELHATTAN and IN THE COURT OF COMMON PLEAS VICTOR MCELHATTAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. DOCKET NO. 03-919 JAIME MCELHATTAN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this 2 X"-l' day of mig._? , 20 01, upon consideration of Plaintiffs/Petitioners' Petition for Emergency Relief, the Qfder- @9- 1( 4"t mber 2.97, is susp a over - "" ?.K LA.IJ X6&6 h? i ??c u»I a ?? d cr" Yo cL w ^+iat dt It is further ordered that this matter be referred to the Custody Conciliator for further conciliation. Distribution: od ey Kishel Powell, Esquire, P.O. Box 650, Hershey, PA 17033 arles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 ,4Mme McElhattan, RD 1, Box 237 J, P.O. Box 245, Liverpool, PA 17045 U? By the Court, '?1? Ty W i r . 23 ?? -or JACKI MCELHATTAN IN THE COURT OF COMMON PLEAS VICTOR MCELHATTAN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ...? = FAMILY LAW (CUSTODY) ° -+ JAMIE MCELHATTAN Defendant NO. 2003-919 l ,) t`) i ta C?j ! (;? PETITION TO MODIFY CUSTODY w = `C-j -? -; ; AND NOW, comes Defendant/Petitioner Jaime Mcelhattan, by and through-Pier F75 attorney Benjamin R. Yoffee, Esquire, and brings this Petition to Modify Custody anzL respectfully avers as follows: 1. Petitioner/Defendant is Jaime Mcelhattan. She is the biological mother ("Mother") of the minor child. She is represented by Benjamin R. Yoffee, Esquire. 2. Defendants/Respondents are Jacki Mcelhattan and Victor Mcelhattan. They are the biological grandparents ("Grandparents") of the minor child. They are represented by Courtney Kishel Powell, Esquire. 3. The minor child in question is Harmoni Rose Mcelhattan, age 8 years (D.O.B. May 04, 2002). 4. The most recent Order of Court was filed on September 29, 2008 where in general mother was awarded partial physical custody on the weekends. Grandparents were awarded primary physical custody at all other times. Transportation is to be provided by mother. 5. This Order should be modified because: a. Harmony Rose is failing in school at East Pennsboro School District and is going to be retained due to insufficiencies in core curriculum. b. Grandparents are failing to abide by custody Order in not allowing mother visitation on the weekends as per the Agreement reached in 2008. c. Harmony Rose is not being provided with proper nutrition her weight has dramatically increased to the point of being considered medically obese; child has no bedroom of her own and instead shares a bedroom with Grandparents. d. Harmony Rose is inundated with activities that are interfering with her ability to succeed academically. fu #7D 7y Oiw .k?j7 e. Grandfather's health is poor and Mother fears that health issues may interfere with child rearing. WHEREFORE, mother respectfully requests this court to modify custody of the minor child. - -, Z-// V4 Benjamin R. Yoffee Attorney for Mother 15 E. Main Street New Bloomfield, PA 17068 (717) 582-0122 VERIFICATION I verify that the statements made in the Petition for Modification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. 0 ?Jaipm elha qP 't b Z008 JACKI McELHATTAN and VICTOR McELHATTAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2003-919 CIVIL ACTION LAW JAIME McELHATTAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, rt is ordered and directed as follows: 1. The prior Order of this Court dated February 7, 2007 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Child on every weekend from Friday at 7:00 p.m. through Sunday at 7:00 p.m., with the maternal Grandparents having custody during any period of a weekend during which the Mother is working. The weekend schedule shall begin with the Mother having custody on the first two (2) weekends from 9:00 a.m. until 7:00 pm. each day as a transition for the Child before beginning overnight periods of custody which shall begin on October 17, 2008 (the third weekend). In addition, the Mother shall have periods of custody with the Child during weekdays as arranged by agreement between the parties. 3. Over the Christmas holiday, the Mother shall have custody of the Child from after work on Christmas Eve through Christmas Day at 12:00 noon and the maternal Grandparents shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The parties shall share having custody of the Child on the other holidays as arranged by agreement. 4. The Child shall continue to be enrolled in the East Pennsboro School District unless otherwise agreed between the parties. 5. All parties shall ensure that the Child attends her regularly scheduled activities during each party's respective periods of custody. 6. Unless otherwise agreed between the parties, the Mother shall provide all transportation for exchanges of custody. . 7. The parties shall cooperate in obtaining information on and initiating parenting classes to assist them in facilitating the transitions in the custody schedule for the Child and in promoting the Child's well-being as adjustments are made to the custodial schedule. 8. Within three (3) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to review the custodial arrangements. 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 absence of mutual consent, the terms of this Order shall control. cc: /ole Urtney Kishel Powell, Esquire - Counsel for maternal Grandparents ar s E. Petrie, Esquire - Counsel for Mother CT es mxLL JACKI MCELHATTAN IN THE COURT OF COMMON PLEAS VICTOR MCELHATTAN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. FAMILY LAW (CUSTODY) JAMIE MCELHATTAN Defendant NO. 2003-919 PROOF OF SERVICE I hereby certify that I am this day serving a true and accurate copy of the foregoing "Petition To Modify Custody" upon the person and in the manner indicated below, which service satisfies the requirements of law Service by first class mail. U.S. postage paid: Ms. Courtney L. Kishel, Esquire P.O. Box 650 Hershey, PA 17033 Mr. and Mrs. Victor McElhattan 513 North Enola Drive Enola, PA 17025 DATED: 0-2IW III 44 Benjamin R. Yoffee, Esquire Attorney I.D. No. 208504 P.O. BOX 605 New Bloomfield, PA 17068 (717) 582-0122 JACKI MCELHATTAN, VICTOR IN THE COURT OF COMMON PLEAS OF MCELHATTAN na PENNSYLVA CUMBERLAND COUNTY ? PLAINTIFF , - V. 2003-919 CIVIL ACTION LAW << =? JAMIE MCELHATTAN IN CUSTODY DEFENDANT >. ORDER OF COURT AND NOW, Thursday, March 03, 2011 , 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, Mechanicsburg, PA 17055 on Tuesday, April 05, 2011 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grrounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. lit Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 3-3 4-- 0 07) Y-bke Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701? Telephone (717) 249-3166 JACKI McELHATTAN, IN THE COURT OF COMMON PLEAS OF VICTOR McELHATTAN CUMBERLAND COUNTY, PENN SYLVANIA Plaintiffs vs. CIVIL ACTION LAW m JAMIE McELHATTAN r w Defendant IN CUSTODY C-) ?r_ C? tV x C) ORDER OF COURT AND NOW, this /3' day of , 2011, upon d directed as follows: consideration of the attached Custody Conciliation Report, it is ordered an 1. The prior Order of this Court dated September 29, 2008 shall continue in effect as modified by this Order. 2. The parties shall make arrangements for the Child to participate in counseling with a professional selected by agreement between the parties based upon the Maternal Grandparents' insurance coverage. The purpose of the counseling shall be to assess and promote the Child's emotional well-being, and to provide insight and guidance to the parties concerning the Child's needs. Any costs of the counseling which are not covered by insurance shall be shared equally between the Maternal Grandparents and the Mother. 3. The parties shall participate in a Sunday evening telephone call each week for the purpose of exchanging information and discussing any issues related to the Child from the previous week and planning for the following week. The Mother shall initiate the call to the Maternal Grandparents between 8:30 p.m. and 9:00 p.m. on Sunday evenings. 4. The Maternal Grandparents shall provide contact information to the Mother for the Child's teacher, school and medical provider to enable the Mother to obtain information from those sources more fully by direct contact and shall also provide to the Mother information that cannot be obtained in duplicate from the Child's school. The Mother shall contact the Child's physician to obtain information about the medication currently prescribed for the Child and to address her concerns and questions. 5. The parties shall consult with each other prior to enrolling the Child in extracurricular activities which could possibly occur during the other party's custodial periods. After making the commitment to enroll in an activity, the parties shall ensure that the Child attends her regularly scheduled activities. 6. After the Child has participated in counseling and the parties have obtained guidance from the counselor, counsel for either party may contact the conciliator within 90 days of the date of this Order to schedule an additional custody conciliation conference to address the summer custody schedule, if necessary. 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 consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: rBenjamin R. Yoffee, Esquire - Counsel for Mother ? Courtney Kishel Powell, Esquire - Counsel for Maternal Grandparents '?vpA{ r i Cope ?3? N JACKI McELHATTAN, VICTOR McELHATTAN Plaintiffs VS. JAMIE McELHATTAN Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Harmoni Rose McElhattan May 4, 2002 Maternal Grandparents 2. A custody conciliation conference was held on April 5, 2011, with the following individuals in attendance: the Maternal Grandparents, Jacki and Victor McElhattan, with their counsel, Courtney Kishel Powell, Esquire, and the Mother, Jamie McElhattan, with her counsel, Benjamin R. Yoffee, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Cry ')-01/ co " /- ?%Z- - Date Dawn S. Sunday, Esquire Custody Conciliator