Loading...
HomeMy WebLinkAbout03-1508 Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, P A 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ~~ P$ - /{O 'i CHERYL E. MERRITT Plaintiff No. v. MATTHEW A. MERRITT Defendant Civil Action- Complaint for Child Custody COMPLAINT FOR CUSTODY 1. Plaintiff is Cheryl E. Merritt, (natural mother), an adult individual, sui juris,residing at 126 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Matthew A. Merritt, (natural father), an adult individual, sui juris, with a current mailing address of PO Box 7264, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Brandon M. Merritt Address Age 126 Holly Drive 8 y/o (DaB: 6-9-94) Mechanicsburg, PA 17055 4. The child was born of the marriage. 5. The child is presently in the primary physical custody of Plaintiff, Cheryl E. Merritt (natural mother), 126 Holly Drive, Mechanicsburg, Cumberland County, 17055. 6. During the last five years the child has resided with the following persons and at the following addresses: Name Cheryl E. Merritt Address Date 126 Holly Drive December 2,2002 to present Mechanicsburg, P A 17055 Cheryl E. Merritt Matthew A. Merritt 126 Holly Drive Mechanicsburg, PA 17055 Birth to December 2,2002 7. The mother of the child is Cheryl E. Merritt, 126 Holly Drive, Mechanicsburg, P A, 17055. 8. She is married. 9. The father of the child is matthew A. Merritt, 126 Holly Drive, Mechanicsburg, PA 17055. 10. He is married. 11. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Name Brandon A. Merritt Relationship Son 12. The relationship of Defendant to child is that of natural father. The Defendant currently resides with the following persons: Name Relationship 13. Plaintiff, Cheryl E. Merritt, is represented by Lee E. Oesterling, Esquire in regard to this matter. 14. Defendant, Matthew A. Merritt, may be represented in this matter, however, at this time specific counsel is not known in regard to this matter. 15. Plaintiff has no information of another custody proceeding concerning the child pending in a Court of this Commonwealth. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: 18. Plaintiff has been primarily responsible as custodian and caregiver of the child 19. Plaintiff has maintained a relationship with the child that has provided for the child's physical, intellectual, emotional and spiritual well being. 20. Plaintiff believes that the child needs a more consistent custody arrangement during the school year that also provides for weekend and leisure time with Plaintiff. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE 22. A copy of this Complaint has been served on Defendant and his counsel by handing them a copy. This Complaint will not be presented in open court as Plaintiff is not seeking a change to the existing custody arrangement prior to conciliation or a hearing on the merits. WHEREFORE, Plaintiff, Cheryl E. Merritt, requests the court grant her primary physical custody of the child. Respectfully Submitted, Lee E. Oesterling, squire Attorney for Plaintiff VRR TFTCA TTON I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: .3 . 2. j , 03 - \.N t"- 'lJ ~ ~~ 1 \ "'- w ~ ~, ~. fA.... ~ V, ~ \ (A U\ r\,~ ~ \S U\ \ ~ ~ \. ~, ~ ~~ r ~ ....Oi'TO f1)C oj -/ "' ~-:::_- 2: ...::.- 5 ~ o <,' ,.-.. ~; t.-) , ,!, :,:..:~ ---..; -0 ~a . r'.~ ',~1 . ~.:. ) :'0 .yr. -I '0 ~-c3 (~ -< -:J :"'~ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL E. MERRITT v. 03-1508 CIVIL ACTION LAW MA TfHEW A. MERRITT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 08, 2003 , upon consideration ofthelattached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greefy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, May 05, 20~ at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resol~e 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 appe~r 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 f~om Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to cOrPply with the Americans with Disabilites Act of 1990. For information about accessible facilities an~ reasonable accommodations available to disabled individuals having business before the court, ple~se 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.JF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T'. E 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 ~1w$ ~n/ ~ t:(;!~1J -h ~ ~ ~K, E'a~-ll ~~?~ ~/P ~(;?.p-I; I r VJ!\fv't~1^SNN3d " Nn' )' j 0'" '-1 '-' ,\J.. . 11,.__ ',.' f,.~'\.H} !f~>f-(;::J[/\Jn"'\ ..~..;... fV 02:S hid 8- Hdtl SO , :JO Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYL VANIA CHERYL E. MERRITT Plaintiff, No. m-150R v. Civil Action - Custody MATTHEW A. MERRITT Defendant ACCRPT ANCR OF SRRVTCR I accept service of the Complaint in Custody in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. 2~fL~,'1 ~ -~~ ID # 17225 0 0 0 c: c...;:l -'II S ::It -OeD :pa ;D mrn --< z::c I fn zc,: :-jc1 ~~ N r"""\ ,'.~ :':~iV ~c. ,-' ;-~~ ~G -'.- ,'",m ~c w --) C -04 Z ;t> ~ c..;) ~ Plaintiff JUN 2 3 2003 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1508 CIVIL TERM CHERYL E. MERRITT, v. CIVIL ACTION - LAW MATTHEW A. MERRITT, IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this ~ day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Cheryl E. Merritt and Matthew A. Merritt, shall have shared legal custody of the child, Brandon A. Merritt, born June 9, 1994. 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. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custodv. Pending further Order of Court or an agreement of the parties, physical custody arrangements shall be shared as follows: A. Effective June 27, 2003, on alternating weekends from Friday after work until Tuesday morning, Father shall have custody. B. Each Wednesday from after work until the following morning, Father shall have custody. C. In the event that one of Father's alternating weekends falls on the weekend when he has National Guard duty, Mother will have custody for the period that Father is meeting his National Guard obligations. Father shall be entitled to make up time on either the weekend immediately preceding the National Guard weekend or the weekend immediately following the National Guard weekend. D. In the event that Father is working during one of his custodial days, Mother shall have custody during Father's work hours. .r ~ . ~ '. .,: ... V'lNV'^1ASNN3d }JNnm C1t,l\;1J:B8Vfna l"J:B WV S G Nru' ~O AW10NOi-u.OQd ,ilHl :lO 301:i:\(}{Blf::l NO. 03-1508 CIVIL TERM E. custody. At all times that Father does not have custody Mother shall have 3. Vacation. Each parent shall be entitled to one week of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. 4. The parties shall participate in co-parent counseling to assist them with cooperative decision making and developing strategies to reach decisions regarding their child. Unless otherwise agreed, co-parent counseling will be provided by Interworks. " J. Dis!: Lee E. Oesterling, Esquire, 42 East Main Street, Mechanicsburg, PA 1i'055 Samuel L. Andes, Esquire, 525 North 12'h Street, P.O. Box 168, Lemoyne, PA 17043 C!ur ~ (r J,f; ~66 CHERYL E. MERRITT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1508 CIVIL TERM v. CIVIL ACTION - LAW IN CUSTODY MATTHEW A. MERRITT, Defendant 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 Brandon M. Merritt June 9, 1994 Mother 2. A Custody Conciliation Conference was held on June 17, 2003 with the following individuals in attendance: the Mother, Cheryl E. Merritt, and her counsel, Lee E. Oesterling, Esquire; the Father, Matthew A. Merritt, and his counsel, Samuel L. Andes, Esquire. 3. The parties agreed to a plan for vacation custody. Both parties wanted a schedule including weekend and week day time. In building the parts of that schedule, the parties reached an agreement for a schedule sharing the weekends and an agreement that Father's weekends would extend to Tuesday mornings. Additionally, the parties agreed to Father having custody over night on Wednesday's each week. However, the parties did not agree on additional weekday time with Father. Father seeks 50/50 time. 4. Mother's position on custody is as follows: Mother filed a Complaint for Custody in April 2003 seeking primary physical custody, which would provide her with weekend time with the child and more consistency during the school year. Mother places a very high value on the child having the same bedtime each night, being able to maintain relationships with neighborhood friends and being able to provide emotional support for her son. It is her position that she is the primary caregiver and that Father has been largely non-participatory with the child until the time of the parties' separation. Mother works part time from home and volunteers in the child's classroom on a regular basis. While she sees herself as being agreeable with the Father in working out the custodial arrangements that they have negotiated during the period of separation, she is highly uncomfortable with forcing the child to go to spend time with Father at those times that she says he does not NO. 03-1508 CIVIL TERM want to go. She is concerned that the Father is not vigilant enough about the child's eating habits in light of his weight problem and is concerned about the types of movies which Father permits the child to see. 5. Father's position on custody is as follows: Father claims that the pre- conciliation status quo arrangement that the parties worked out represents an almost 50/50 custodial schedule. Father is employed as a consultant for defense contractors and is presently serving in the National Guard. Father reports that he can set his own schedule and that although he has historically worked ten hour days, he is able to make arrangements to work shorter days during the times that he has custody of the child. His work also requires travel to Philadelphia, Washington, Norfolk, Virginia and San Diego. In recent months the trips to San Diego have taken several days at a time. Father's National Guard duties occur approximately once per month on the weekend. At the time of the conference, Father also expressed concern that the child was being placed in the middle by Mother because he has received telephone calls from the child seeking to stay with Mother on times that had previously been designated as Father's custodial times. Father prefers that the parties speak directly with each other to work out the custodial arrangements without the child's involvement. 6. Both parties agree that they need a schedule rather than to continue on the present path where they negotiate with each other on a monthly basis to make custodial arrangements. Their present process also is punctuated with requests for schedule changes when Father needs to be out of town for two or three days for business trips. 7. In as much as the parties have not reached a full agreement on the custodial schedule, an Interim Order reflecting the agreements regarding the vacation, counseling, the agreed upon structure for sharing weekends and the schedule for Wednesdays, is provided by the Conciliator and a hearing is scheduled to a~, dre Father's request for additional week day time and a equally shared physical custody edul. (0 b/OJ ( ~1ryJlM-,h Date Melissa Peel Greevy, Esquire Custody Conciliator :215035 il CHERYL E. MERRITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MATTHEW A. MERRITT, Defendant NO. 03-1508 CIVIL TERM IN CUSTODY MOTION FOR HEARING AND NOW comes the above-named Defendant by his attorney, Samuel L. Andes, and moves the court for a hearing in the above matter, based upon the following: 1. The moving party herein is the Defendant. The responding party herein is the Plaintiff . 2. The parties were before the custody conciliator, Melissa Peel Greevy, Esquire, for a conciliation conference on 17 June 2003. At that conference they were not able to agree upon a final schedule or order for custody and both requested that the matter be referred to the court for a hearing. 3. Following the conference the conciliator prepared a report, recommending the entry of a temporary order pending a hearing, and noted in Paragraph 7 of her report that a hearing should be scheduled to set a final order. 4. The interim order of court prepared by the conciliator, and entered by the court on 24 June 2003, set a temporary schedule of custody for the parties but did not schedule a hearing. 5. The interim order of this court, dated 24 June 2003, and the custody conciliation summary report, dated 20 June 2003, are attached hereto and marked as Exhibit A. 6. The parties require a hearing to determine the issues remaining in this case. WHEREFORE, Defendant moves this court to schedule a hearing in this matter so the court can address and resolve the remaining issues in this custody action. ~-~ S el L. Andes Attorney for DefEindant Supreme Court I[) # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 11 VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that any false statements in this Motion are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: [P!?:JOlly:2, . Q-_..~Q~ ~L. AND II CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Motion upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Lee E. Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Date: 30 June 2003 n YVlJ J lrn WCN j~ ~ ~arkins Secretary for Samuel L. Andes 1j!,^h;nJi~NI\l3d AU\:''',,~'',-, F" ,r+;,'..,r"::~:\.'vn:J 61 :B ~ ~p :-; ~; "I III/"':::(} ,11::'''1,.: " 3'::"'(-i.:-',:)- ~>J-u~ .J dO JUN 2 3 2003 ~ CHERYL E. MERRITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1508 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. MATTHEW A. MERRITT, Defendant INTERIM ORDER OF COURT AND NOW, this cd. Lf{/. day of June, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Cheryl E. Merritt and Matthew A. Merritt, shall have shared legal custody of the child, Brandon A. Merritt, born June 9, 1994. 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. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the sarne, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Pending further Order of Court or an agreement of the parties, physical custody arrangements shall be shared as follows: A. Effective June 27, 2003, on alternatin~1 weekends from Friday after work until Tuesday morning, Father shall have cLlstody. B. Each Wednesday from after work until the following morning, Father shall have custody. C. In the event that one of Father's alternating weekends falls on the weekend when he has National Guard duty, Mother will have custody for the period that Father is meeting his National Guard obligations. Father shall be entitled to make up time on either the weekend immediately preceding the National Guard weekend or the weekend immediately following the National Guard weekend. D. In the event that Father is working during one of his custodial days, Mother shall have custody during Father's work hours. NO. 03-1508 CIVIL TERM E. custody. At all times that Father does not have custody Mother shall have 3. Vacation. Each parent shall be entitled to one week of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. 4. The parties shall participate in co-parent counseling to assist them with cooperative decision making and developing strategies to reach decisions regarding their child. Unless otherwise agreed, co-parent counseling will be provided by Interworks. BY THE COURT: ~.J~] M~9 J. Olsl: Lee E. Oesterling, Esquire, 42 East Main Street, Mechanicsburg, PA 17055 Samuel L. Andes, Esquire, 525 North 12'h Street, P.O. Box 168, Lemoyne, PA 17043 ;rfWE WPV PROM REC0f8 \11 T!lffi:mooy wharfJI.. I tl&fll unto set my Ilid ",d I '~olll<>l Goo at Carll., Pl. ~ nit.. y- y 0-00 ( ~)fd CHERYL E. MERRITT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1508 CIVIL TERM v. CIVIL ACTION - LAW MATTHEW A. MERRITT, IN CUSTODY Defendant 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 Brandon M. Merritt June 9,1994 Mother 2. A Custody Conciliation Conference was held on June 17, 2003 with the following individuals in attendance: the Mother, Cheryl E. Merritt, and her counsel, Lee E. Oesterling, Esquire; the Father, Matthew A. Merritt, and his counsel, Samuel L. Andes, Esquire. 3. The parties agreed to a plan for vacation custody. Both parties wanted a schedule including weekend and week day time. In building the parts of that schedule, the parties reached an agreement for a schedule sharing the weekends and an agreement that Father's weekends would extend to Tuesday mornings. Additionally, the parties agreed to Father having custody over night on Wednesday's each week. However, the parties did not agree on additional weekday time with Father. Father seeks 50/50 time. 4. Mother's position on custody is as follows: Mother filed a Complaint for Custody in April 2003 seeking primary physical custody, which would provide her with weekend time with the child and more consistency during the school year. Mother places a very high value on the child having the same bedtime each night, being able to maintain relationships with neighborhood friends and being able to provide emotional support for her son. It is her position that she is the primary caregiver and that Father has been largely non-participatory with the child until the time of the parties' separation. Mother works part time from home and volunteers in the child's classroom on a regular basis. While she sees herself as being agreeable with the Father in working out the custodial arrangements that they have negotiated during the period of separation, slhe is highly uncomfortable with forcing the child to go to spend time with Father at those times that she says he does not NO. 03-1508 CIVIL TERM want to go. She is concerned that the Father is not vigilant enough about the child's eating habits in light of his weight problem and is concemed about the types of movies which Father permits the child to see. 5. Father's position on custody is as follows: Father claims that the pre- conciliation status quo arrangement that the parties worked out represents an almost 50/50 custodial schedule. Father is employed as a consultant for defense contractors and is presently serving in the National Guard. Father reports that he can set his own schedule and that although he has historically worked ten hour days, he is able to make arrangements to work shorter days during the times that he has custody of the child. His work also requires travel to Philadelphia, Washington, Norfolk, Virginia and San Diego. In recent months the trips to San Diego have taken several days at a time. Father's National Guard duties occur approximately once per month on the weekend. At the time of the conference, Father also expressed concern that the child was being placed in the middle by Mother because he has received telephone calls from the child seeking to stay with Mother on times that had previously been designated as Father's custodial times. Father prefers that the parties speak directly with each other to work Clut the custodial arrangements without the child's involvement. 6. Both parties agree that they need a schedule rather than to continue on the present path where they negotiate with each other on a monthly basis to make custodial arrangements. Their present process also is punctuated with requests for schedule changes when Father needs to be out of town for two or three days for business trips. 7. In as much as the parties have not reached a full agreement on the custodial schedule, an Interim Order reflecting the agreements regarding the vacation, counseling, the agreed upon structure for sharing weekends and the schedule for Wednesdays, is provided by the Conciliator and a hearing is scheduled to aEAd'" Fathe'. ,eq"eat "" additional week day time and a equally shared physical custody edul. o biD] ( mfty;/u~h Date Melissa Peel Greevy, Esquire Custody Conciliator :215035 illH :;;'>": u} @,: >2 :,;..' -: -c, () ~," :-") -:1 ---, ::~': , J,', .'I/n ~:':I :';:J -< '0 CHERYL E. MERRITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-1508 CIVIL TERM MATTHEW A. MERRITT, Defendant IN CUSTODY ORDER OF COURT AND NOW this ~ day of J~ ' 2003, upon consideration of the attached Motion and the conciliator's report, we hereby schedule the hearing, to be held in Court Room No. 1 of the Cumberland County Courthouse in Carlisle, Pennsylvania, for ~d tU..j the f--:r..L day of ~~ 2003, commencing at /.tJ o'clock -p- .m. BY THE COURT, DISTRIBUTION: 4 E. Oesterling, Esquire (Attorney for Plaintiff) 42 East Main Street, Mechanicsburg, PA 17055 '7 , ~muel L. Andes, Esquire (Attorney for Defendant) P.O. Box 168, Lemoyne, PA 17043 ~Y)~ lld;/ IJ 3/I.L-- VI~jVJ\1}\S\;N3d , ""~ -" ,-, "-'-"In'" f'.Li\:" ; 'J '-,>:'];n, V . L :(.1[ ';0 Z (ill , :10 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY" PENNSYLVANIA CHERYL E. MERRITT Plaintiff / Petitioner No. !l3-l508 v. MATTHEW A. MERRITT Defendant / Respondent Civil Action-Petition to Condluct In Camera Interview With Child ORDER AND NOW, this day of the foregoing petition, it is hereby ordered that, , 2003, upon consideration of (1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) The respondent shall file an answer to the petition within five (5) days of service upon the relief requested; (3) The petition shall be decided under Pa.R.c.P. No. 206.7; (4) Depositions shall be completed within days of this date; (5) Argument shall be held on _ ofthe Cumberland County Courthouse; and , 2003, in Courtroom (6) Notice of the entry ofthis order shall be provided to alii parties by the petitioner. BY THE COURT J. Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CHERYL E. MERRITT Plaintiff / Petitioner No. ~)3-l508 v. MATTHEW A. MERRITT Defendant / Respondent Civil Action-Petition to Conduct In Camera Interview With Child PETITION TO CONDUCT IN CAMERA INTERVIEW WITH MINOR CHILD Cheryl E. Merritt, Plaintiff in the above captioned action, by and through her attorney, Lee E. Oesterling, Esquire, brings this, her Petition to Conduct an In Camera Interview with Minor Child pursuant to Rule 1915.11 of the Pennsylvania Rules of Civil Procedure and avers as follows: 1. Petitioner is Cheryl E. Merritt, Plaintiff in the underlying Custody Action. 2. Respondent is Matthew A. Merritt, Defendant in the underlying Custody Action. 3. The Petitioner is the natural mother of the child Brandon A. Merritt (DOB: 6-9-94), age 9. 4. The custody of Brandon Merritt is the subject of this litigation, which is scheduled for a custody hearing on October 9, 2003. 5. Petitioner, Cheryl Merritt believes that the best welfare and interest ofthe child, Brandon Merritt, would be served by awarding primary physical custody of the child to her during the school year. 6. The Supreme Court of Pennsylvania has held that while a child's preference is not controlling it is an important factor to consider in determining best interests. Martin v. Martin, 386 Pa Super328, 562 A2d 1389 (1989), 7. Pennsylvania Rule of Civil Procedure 1915.11(b) provides in part that The Court may interrogate a child in open court or chambers, in the presence of the attorneys and the interrogation shall be part of the record. 8. In order to amplify and provide a complete record in an atmosphere that minimizes any detriment to the child petitioner requests that the court conduct an in camera interview with Brandon immediately prior to the October 9, 2003 hearing. Petitioner further requests that counsel for all parties be present at said interview. 9. Petitioner believes that an interview with the child will be helpful to the court to explore the child's feelings about the respective custodial environments and the existing familial relationships. 10. Counsel for Respondent Samuel Andes Esquire has been sent a copy of this Petition on this date. II. Petitioner has attached hereto a proposed Order and Rule to Show Cause, Rule Returnable in 5 days, due to the close proximity ofthe hearing date and the fact that the probative value of a child's testimony in a custody proceeding is well established in law. WHEREFORE, in accordance with Pa R.C.P 1915.11 (b), Petitioner respectfully requests this Honorable Court to: (a) Order the parties to assure the child's attendance at the hearing; (b) Order the child to be present prior to the hearing for the Court to conduct an in camera interview with the child for the purpose of determining the child's adjustment to and preference as to custodial environments; (c) Order the interview to be conducted in the presence of counsel and on the record Lee E. Oest ui Supreme Court J.D. #71320 42 East Main Street Mechanicsburg, P A. 17055 (717) 790-5400 g c~' 0 .....: -(\ -,.. :? ~, ~(::.': C1 lJ\f;' ,.... :z;,:S' I 7';:- ~~> (,) ~O ." 7"'C,o -';'<;:', hC~ '--;? j;>c;: '-:~-j. -')' "'.'J< .<- ,,, ":'J 2. ll' :',,- CHERYL E. MERRITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MATTHEW A. MERRITT, Defendant NO. 03-1508 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of October, 2003, upon consideration of Plaintiffs Petition To Conduct In Camera Interview with Minor Child, a Rule is hereby issued upon the Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at the hearing scheduled in this matter for Thursday, October 9, 2003, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Pennsylvania. The parties are instructed to bring the child to the hearing. BY THE COURT, vLee E. Oesterling, Esq. 42 East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff v5amuel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 Lemoyne, P A 17043 Attorney for Defendant >~i R~~ JO -07- 03 :rc . \fINV'l\lASNN3d tUNnC:J r'\:'!l:ej(:'!~n:) S I :2: L -. lJU At:lV:,C..: CHERYL E. MERRITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 1\10. 03-1508 CIVIL TERM MATTHEW A. MERRITT, Defendant IIN CUSTODY ORDER OF COURT AND NOW this ~ day of 0 t \: Lc r , 2003, upon the agreement of the parties as reported to the court by their respective attorneys, we hereby order and decree as follows: 1 . Both parties will submit to and cooperate in a program of mediation with Stanley Schneider or his designated mediator with Guidance Associates, Inc. The parties will contact Guidance Associates to commence the mediation process as promptly as possible after the entry of this order and will share the cost of the mediator's services equally. 2. The provisions of Paragraph 4 of our order of June 24, 2003 requiring the parties to attend co-parent counseling, is hereby suspended so that the parties may commence the mediation process immediate. 3. In all other ways, the provisions of our order of June 24, 2003 regarding legal and physical custody of the minor child, shall continue in full force and effect until further order of this court. The parties are directed to submit to this court a proposed order to establish a schedule of custody for holidays. 4. The hearing in this matter which had been scheduled for October 9, 2003 is hereby continued and the hearing will now be held on -(J~~ the ? .at- day of ------ff:1- r"'l /t A! zees, commencing at ;: af.l o'clock --fL.m.. before the undersigned. ;;JtIo'lJ BY THE COURT, J. DISTRIBUTION: .,.tee E. Oesterling, Esquire (Attorney for Plaintiff) 42 East Main Street, Mechanicsburg, PA 17055 Aamuel L. Andes, Esquire (Attorney for Defendant) P.O. Box 168, Lemoyne, PA 17043 > lMr;:A \\)(~ /(j- )5-6.3> ~~-d- 1~1/S7tJ d /k.- \fli',)V/\lASNN3d '.1 \r('"~;,,,~ -.j I-.r,,',^v...f"\ '\,~~I',':, , ' --;:-;'~l1r~i kJ 8U .{' " : '\..1 he.: ~ I DO 80 AlJ?li..;;.,ji.:- j~_,....",_';.! ~'jiLL .::to 3JiJJ0 nnu " CHERYL E. MERRITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-1508 CIVIL TERM MATTHEW A. MERRITT, Defendant IN CUSTODY ORDER OF COURT AND NOW this f7 ~ day of 3 2 n v 2) + ' 2004, upon the agreement as reported to the court by their respective attbrneys, we hereby order as follows: 1. The provisions of our order of June 24, 2003, regarding legal and physical custody of the minor child, Brandon M. Merritt, born June 9, 1994, shall remain in full force and effect until further order of this court. 2. The parties are directed to cooperate with each other to arrange for periods of custody for each of them with the said child over all regularly-observed holidays. In the event that the parties cannot reach agreement on a schedule of custody for such holidays, the court will set a schedule upon the petition of either party. 3. The hearing scheduled for January 7, 2004 is hereby CANCELED. DISTRIBUTION: BY THE COURT, /', ,,/'7 .,;;/ i I ! ,.' " " i' / .'C , ,. .I ,;.,/ /~ j~"> . J {/ v L'Q ,..\' (' ,;>( L , (,.., , \ J /'/- .__,~.I . .I ~e E. Oesterling, Esquire (Attorney for Plaintiff) 42 East Main Street, Mechanicsburg, PA 17055 "'7 ~ OI-O<g.O~ Itamuel L. Andes, Esquire (Attorney for Defendant) P.O. Box 168, Lemoyne, PA 17043 'ij!\r~/l\lX31"\\{:1d A1NnO:: :'J:\l\f"::~:,,:-~8il~n8 6S:SHd L-NVnOOl "'i\"""O'llQUd ""'\" '" Nj ,lUI'~ i1..l.. 0'" :i:-u.;jU 381:HO-{}311:l " CHERYL E. MERRITT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN CUSTODY MATTHEW A. MERRITT, Defendant :NO.03-1508 PRAECIPE FOR ENTRY OF APPI~ARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Plaintiff, Cheryl E. Merritt, in the above-captioned matter. Of Counsel DATED:~L30/~ BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 ~~"ho CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the marmer indicated below. SERVICE BY FIRST CLASS MAIL: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 DATED: ~!3dlof , n ~"~~ "" = C::J 1;:.,,.'1 ~ c: G) (", a o 'n ~:-: ~-'':) C"., o-~ - II II I, i , , I I I i CHERYL E. MERRITT, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1508 CIVIL TERM MATTHEW A. MERRITT, Defendant IN CUSTODY I I I I AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and I' petitions the court to modify its prior orders in this matter, based upon the following: 1. The Petitioner herein is Matthew A. Merritt, an adult individual who resides in DEFENDANT'S PETITION TO MODIFY Mechanicsburg, Pennsylvania, and whose mailing address is 502 East Elmwood Avenue, Apartment 4 in Mechanicsburg, Pennsylvania. 2. The Respondent herein is Cheryl E. Merritt, an adult individual who resides at 126 Holly Drive In Mechanicsburg, Pennsylvania. 3. The parties are the parents of one minor child, Brandon M. Merritt, born 9 June 1994 and now age 11. 4. The custody of the parties' child is the subject of orders entered by this court dated 24 June 2003 and 14 October 2003. The present custodial arrangement results in the child spending approximately 40 to 45 percent of his time in the custody of the Defendant and the balance of the time in the custody of the Plaintiff. 5. Defendant seeks to modify the prior orders entered in this matter to give him additional time with the child during the school year and during the non-school vacation period. He seeks such a modification for several reasons, which include: A. He would like to have additional time with the child to have the child attend church and church-related programs which the Plaintiff does not have the child attend. II ii , B. He would like to have the child involved in more athletic and similar activities and needs additional time with the child to assure his participation in those activities. I I I I I: ! , I I II I C. He would like to have custody of the child every Thursday overnight so that he can assure the child's attendance at and participation in Cub Scout and Boy Scout activities. D. He would like to have periods of custody of the child on school mornings so that he can arrange the child's attendance at and participation in musical programs at school. E. During the non-school vacation period: 1) He would like to have the child for extended periods of time so that he may take the child on vacations with him, including vacations outside the country. Defendant believes that the child's needs at best interests can best be addressed if Defendant has primary physical custody of the child or if the parties share physical custody in such a way that Defendant can have the child the additional times required to assure the child's attendance at and participation in these activities and have additional time with his father. 6. Defendant believes the best interest of the child will be served by a modification of the order as requested herein. WHEREFORE, Defendant prays this court to modify its prior orders in this matter to award him primary physical custody or such additional periods of physical custody as will allow him to assure the child's attendance at and participation in various activities and will give Defendant additional time with the child. ~t Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pol 17043 (717) 761-5361 -I I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ,AJ"v~ be" ~ ZOO.!' ~~ MATTHEW A. MERRITT I I I Ii 'I I I Ci -n ~~.i ::;'1 ('ii r- :'.) " "'" f , ,_C' fj ~ ~ ~ -.:, lr; \.N '-' " L -. , '.) (1 "" " "... CHERYL E. MERRITT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 03-1508 CIVIL ACTION LAW MATTHEW A. MERRlTT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, __~rsday, DeceroberOS, 2Q~___, upon consideration of the attached Complaint, il is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, al-----.J'1DJl\1anJ~_ve~sLl9Q~~ate ~.s.c::_"."'I'_HiII, P A 17011 on Friday, January 20, 2006 ____ at 11 :30 AM Itlf a Pre-Hearing Custody Conference. At sllch conference, an effort will bc made to rcsoIvc the isslles in dispute; or if this cannol be accomplished, 10 de!1ne and narrow thc issucs to bc hcard by the courl, and to enter into a temporary order. All children age !1ve or older may also be present al the conference. Failure 10 appear allhe confercnce may providc grounds for entry of a temporaTY or permanent order. The court hereby directs the parties to furnish any and all existing I'rotection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: -'!L__IYelif;sa P. Greevy,Esq=---Jf!t,J Custody Conciliator F' ' The Court of Common Pleas of Cumberland County is required by law 10 comply wilh the Americans with Disabilites Acl of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contacl our office. All arrangements must be made at least 72 hours prior to any hearing or business before Ihe 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 A TTORNEY 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 170 I 3 Telephone (717) 249-3166 f/;=nFx(.L~-~ ~~,J '.J /- '" rWIT" 71" r'{I, t J' -tJ-c...'/ ~ fp Z ~ np!'!/' Sel {J l'!! 17J""/7 f/.v7 /f7'"" "'"'? p; ;1/ ,fe! "" . \' ~ ..} . 1 !.t :., -< ./ CHERYL E. MERRITT. Plaintiff v. MATTHEW A. MERRITT. Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA :CIVII. ACTION - LAW :IN DIVORCE :NO. 03-1508 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire. Elizabcth S. Beckley, Esquire and Beckley & Maddcn. of Counsel, on behalf of the Plainti1f. Chcryl E. Merritt, in the above-captioned matlcr. DATED: 1").----/3-<0 Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box I 1998 Harrisburg. Pennsylvania 17108 (717) 233-7691 ~-.// :&/' -- -~ .~ ----=- 'homas A4ieckley. Esquire L..-'\ CERTIFICATE OF SERVICE I. Elizabeth S. Beckley, Esquire, hereby certify that a true and correct eopy of thc foregoing documcnt was this day scrved upon the person and in the manner indicated bclow. SERVICE BY FIRST CLASS MAIL: DATED: lJ-/0/(;) Samuel L. Andes, Esquirc 525 North 12'11 Street LCl11oyne, P A 17043 , , r~"'" _.1. ,"'~ -" c~ . I.t p\i " , '" cj Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1508 CIVIL TERM CHERYL E. MERRITT, v. CIVIL ACTION - LAW MATTHEW A. MERRITT, IN CUSTODY Defendant OLER, J.--- INTERIM ORDER OF COURT AND NOW, this ~ day of ~"J, , 2006, upon consideration of the attached Custody Conciliation Summary Report, this Court's Order of October 14, 2003 is modified as follows: 1. The parties will initiate calls to schedule an appointment for therapeutic family counseling no later than January 27, 2006. The counseling shall be provided by and approved provider available through the parties' health insurance programs. In the event that the parties do not agree on the provider, counsel will choose a therapist from their approved provider list. 2. Mother will make arrangements in her schedule to take the child to school one half hour early to participate in band activities on Day 6. 3. Father may take the child to Sunday morning church activities on Mother's custodial weekend if Mother is in town and does not have other plans for Sunday morning. 4. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the ~ day of ~ -' , 2006, at '1 : 3::J o'clock --L't.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Matthew A. Merritt, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list - -,""1'\ ~i~r !v Z I :01 tlV Z- 81:l9DOZ AfJVICi''';; U.:.Jtid 3Hl .:10 3JI.:Kl-mll.:l " NO. 03-1508 CIVIL TERM of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: Dist: Elizabeth Beckley, Esquire, 212 North 3" Street, P,Q, Box 11998, Harrisburg, PA 17108 Samuel L. Andes, Esquire, 525 North 12'h Street, P,Q. Box 168, Lemoyne, PA 17043 ~ ,~d.O,1.{)(. Lj.-. ~~t)Z ,. Plaintiff 1(: \,! ,".' I. ~)/ '~\J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1508 CIVIL TERM CHERYL E. MERRITT, v. CIVIL ACTION - LAW MATTHEW A. MERRITT, IN CUSTODY Defendant 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 Brandon M. Merritt June 9, 1994 Mother 2. A Custody Conciliation Conference was held on January 20, 2006 in response to Father's Petition to Modify filed on November 29, 2005. Attending the conference were: the Mother, Cheryl E. Merritt, and her counsel, Elizabeth Beckley, Esquire; the Father, Matthew A. Merritt, and his counsel, Samuel L. Andes, Esquire. 3. The parties reached some interim agreements with regard to following issues: (1) Therapeutic family counseling; (2) the child's church attendance with father; (3) Mother taking the child to more band events and practices, (4) the scheduling of a Hearing. 4. Issues upon which the parties did not aoree: (1) Father's desire to take the child to Sunday evening youth group at church on her custodial weekends; (2) The child's participation in extracurricular activities/sports; (3) Father's request for additional time in the summer. 5. Father's position on custody is as follows: Father currently reports that he has 40-45% of the custodial time. However, he wants more time during the school year and to change the summer schedule to an alternating week schedule. Father sees the child as an introvert and would like him to participate in Cub Scouts, Karate, Band, Sunday evening church youth group for social reasons and to increase his level of physical activity because the child is overweight. Father also filed the Petition because he wants more custodial time with the child. father would be willing to take the child to the Scout activities and switch his Wednesday custodial time to Thursday, when Scouts occur. The child is presently in fifth ~ NO. 03-1508 CIVIL TERM grade. Father acknowledges that the child has been inconsistent with Father with regard to his view of whether he wants to continue Scouting. 5. Mother's position on custody is as follows: Mother generally believes that the child is afraid of Father and is disciplined if he disagrees with his Father. She reports that there have been physical altercations between Father and the 11 year old child which have involved shoving. Accordingly, she believes that the child may report to Father that he wants to participate in activities that he truly does not want to participate in, because of his fear of his Father. Mother prefers to let Brandon choose his own activities. However, she agrees that she will take him in a half hour early each Day 6 of school so that he can participate in band activities. She reports that he had a bad experience with hazing on a Scouting trip which resulted in his telling her that he did not want to continue to participate in Scouts. She reports that he participates in Karate on Wednesday evenings. Mother does not object to Father taking him to church services on Sunday mornings if she is in town and does not have other plans. However, she does not want the child to be forced to participate in the Sunday evening youth program because the child has objected to the bookwork that is done in this program. Mother reports that she and Father participated in joint counseling about two years ago during which they made a list of agreed upon activities in which Brandon could participate. Mother claims that Father never followed through on those activities. Mother sees Father's Petition and the requests in it as a means to gain more custodial time with the child. She does not believe that this is in the child's best interest because she believes the child is afraid of his Father. 6. The parties have agreed to participate in therapeutic family counseling but would like a hearing scheduled in the first week of May 2006 so that the summer schedule can be addressed if they have not been able to resolve this issue through the counseling. ~/tJ~ I Date U&~&0 ) Melissa Peel Greevy, Esquire Custody Conciliator :267552 . \. CHERYL E. MERRITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MATTHEW A. MERRITT, Defendant NO. 03-1508 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 11th day of April, 2006, upon consideration of Defendant's Petition to Modify [Custody], with respect to the parties' child, Brandon M. Merritt (d.o.b. June 9, 1994), following a hearing held on April 10, 2006, and based upon the court's perception as to the best interest of the child, it is ordered and directed as follows: 1. The custodial terms of the order of court dated June 24, 2003, with the exception of paragraph 4 (requiring the parties to attend co- parenting counseling), and as modified by the order of court dated January 7, 2004 (respecting holidays), shall remain in full force and effect. 2. The parties shall engage in therapeutic family counseling. The counseling shall be provided by an approved provider available through the parties' health insurance programs. In the event the parties do not agree on the provided, counsel shall choose a therapist from their approved provider list. 3. Plaintiff will make arrangements in her schedule to take the child to school one half hour early to participate in band activities on Day 6. 4. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. - ~ . vElizabeth S. Beckley, Esq. 212 North Third Street Harrisburg, P A 17108 Attorney for Plaintiff ~muel L. Andes, Esq. 525 N. 12th Street P.O. Box 168 ~ Lemoyne, PA 17043 Attorney for Defendant :rc BY THE COURT, '/// G ~, esley 01er, Jr., J. :tf f :D\ -y, C (-~ -=V ~L ~-~ [ .--3 ()- ~ -Z ~ M r CHERYL E. MERRITT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 03-1508 CIVIL TERM MATTHEW A. MERRITT, Defendant IN CUSTODY IN RE: PETITION TO MODIFY ORDER OF COURT AND NOW, this 10th day of April, 2006, upon consideration of Defendant's Petition To Modify [Custody], with respect to the parties' child, Brandon M. Merritt (date of birth June 9, 1994), and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, ,~izabeth S. Beckley, Esquire 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 For Plaintiff v5amuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 For Defendant ~ ,\)\rJ ') X\ () :mae o :i "2; i