HomeMy WebLinkAbout01-03514
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1HEODORE J. NUTAITIS
PLAINTIFF
V.
KRISTI L. NUTAITIS
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-3514 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, July 11, 2001
, 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 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, July 24, 2001 at 9:15 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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 fnrnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR TIlE COURT,
By: Isl
Melissa P. Greevy. Esq.NJ
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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES. YOU HUST
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE
ARE SERVEP. BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
AN ATTORNEY AND FILING IN WRITIIIG WITH THE COURT YOUR DEFENSES
OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. OU ARE WARNED
THAT IF YOU FAIL TO 00 SO THE CASE MAY PROCEED WI -HOUT YOU AND
A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT W T~OUT FURTHER
NOTICE FOR ANY MoNEY CLAIMED IN THE COMPLAINT OR R ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU Y LOSS HONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
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OR THE
HELP.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
/
ClMBERLAND <XXlNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE PA 17013
717 249 3166
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0 1- ~..ffl';f! ~ 1M--
: CIVIL TERM
CIVIL ACTION - LAW
THEODORE J. NUTAITIS
Plaintiff
KRISTI L. NUTAITlS
Defendant
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes Plaintiff Theodore J. Nutaitis, by his attorneys, Rupp and Meikle, and
Richard C. Rupp and files this Complaint for custody of the parties' minor child as follows:
1. The Plaintiff is Theodore J. Nutaitis who resides at 710 Second Street, New
Cumberland, Cumberland County, Pennsylvania.
2. The Defendant is Kristi L. Nutaitis who resides at 223 8th Street, New Cumberland,
Cumberland County, Pennsylvania.
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3. Plaintiff Theodore J. Nutaitis seeks joint custody and visitation with the following
minor children:
Name
Present Residence
Age
Sara E. Nutaitis born 2/14/93
8 Yrs.
4. The child was not born out of wedlock.
5. The child is presently in the custody of the Defendant, the mother who resides
at 223 8th Street, New Cumberland, PA.
6. During the past five years, the child has resided with the following persons at the
following address:
Person
Address
Dates
Mother
223 8th St., New Cnmberland, PA October 20 - Present
Mother and Father
71 0 Second Street
New Cnmberland, PA
1995 - October 20,2000
7. The father of the child is Theodore J. Nutaitis, the Plaintiff, who currently resides
at 710 Second Street, New Cnmberland, PA. He is married to the Defendant.
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8. The mother of the child is Kristi L. Nutaitis, the Defendant, who currently resides
at 223 8tl' St., New Cumberland, PA. She is married to the Plaintiff.
9. The relationship of the Plaintiff to the children is that of their father. The
Plaintiff's household includes:
Name
Theodore J. Nutaitis - Plaintiff
Relationship
Father
10. The relationship of the Defendant to the child is that of her mother. The
Defendant's household is believed to be as follows:
Kristi L. Nutaitis - Defendant
Sara E. Nutaitis - minor child
11. The Plaintiff has 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, except
this litigation.
12. The Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
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13. The 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.
14. The best interest and the permanent welfare of the parties' minor child will be
served by granting the relief requested by the Plaintiff because:
a. The Plaintiff can provide the parties' minor child with a home with
adequate moral, emotional and physical surroundings to meet the child's
needs;
b. The Plaintiff is willing to accept custody of the child;
c. The Plaintiff continues to exercise parental duties and enjoys the love and
affection of the parties' minor child.
d. The Plaintiff has enjoyed a strong loving relationship with his daughter
which Plaintiff desires to maintain, and the Plaintiff intends to continue his
daughter in a religious upbringing.
e. The Plaintiff has been a primary caretaker during the raising of the
parties' minor child.
f. Mother is unreasonably and arbitrarily restricting and controlling visitation
between Plaintiff and Plaintiffs minor child.
g. Mother is unreasonably and arbitrarily preventing and restricting contact
between Plaintiff and Plaintiffs minor child.
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h. Despite verbal and written agreements, Mother has broken agreements wtih
Plaintiff for visitation with parties' minor child, especially on holidays.
i. Parties entered into an interim custody agreement for the purpose of
creating a smooth transition during the parties' separation, which was not
intended to be a final custody agreement.
J. Mother is preventing Plaintiff from caring for parties' minor child when
Father is able to do and mother is absent and unable to care for child.
k. Father desires extensive visitation with child over summer months when
child is not in school.
1. Fathers wants a holiday schedule for the visitation with the parties' minor
child because Mother overly restricts Father's visitation with minor child.
16. 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 below, 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
NONE
Address
Basis of Claim
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WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant joint
custody and visitation with the parties' minor child to the Plaintiff, the father of the parties' minor
child.
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By
Ric rd C. Rupp
Attorney for Defendant
Attorney I.D. #34832
355 North 21st Street, Suite 303
Camp Hill, PA 17011
(717) 761-3459
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VERIFICATION
I verify the statements made in this Plaintiffs Complaint For Custody
are true and correct to the best of my knowledge and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa C.S.
4909 relating to unsworn falsification to authorities.
Date:
M4v. '2 1. ) '}c)cJ I
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03514 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NUTAITIS THEODORE J
VS
NUTAITIS KRISTI L
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - CUSTODY
was served upon
NUTAITIS KRISTI L
the
DEFENDANT
, at 1902:00 HOURS, on the 28th day of June
, 2001
at 223 8TH ST
NEW CUMBERLAND, PA 17070
by handing to
KRISTI NUTAITIS
a true and attested copy of COMPLAINT - CUSTODY
together with
and at the same time directing Her attention to the contents thereof.
SheTiff's Costs:
Docketing
SeTvice
Affidavit
SUTcharge
So Answers:
18.00
10.54
.00
10.00
.00
38.54
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R. Thomas Kline
06/29/2001
RUPP & MEIKLE
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SwoTn and Subscribed to before By:
me this /'j'!b day of
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THEODORE J. NUTAITIS,
Plaintiff
AUG 0 7 20~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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vs.
NO. 01-3514
Defendant
CIVil ACTION - LAW
CUSTODY
KRISTI L. NUTAITIS,
TEMPORARY ORDER OF COURT
AND NOW, this q \l day of A l.J~ ~ c,. \ , 2001, upon
consideration of the attached Custody Conciliation Sum ary Report, it is hereby ordered and
directed as follows:
1. legal Custody. The parties, Theodore J. Nutaitis and Kristi l. Nutaitis, shall have
shared legal custody of the minor Child, Sara E. Nutaitis, born February 14, 1993. 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 her health, education and religion. Pursuant to the terms of Pa. C. S. 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 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. Physical Custody. Mother shall have primary physical custody. Father shall have
partial physical custody arranged as follows:
A. August 3,2001, from 5:00 p.m. until 7:30 p.m.; August 4,2001, from
10:00 a.m. to 7:30 p.m.; August 5, 2001, from 10:00 a.m. to 6:00 p.m.;
August 8, 2001, from 9:00 a.m. to 8:30 p.m.
B. Effective August 17, 2001, if Father has completed his chemical
dependency assessment and the report of this assessment has been
provided to opposing counsel, Father shall commence alternating
weekends from Friday at 5:00 p.m. until Sunday at 8:30 p.m. During the
school year, Father's custodial time shall end at 6:00 p.m. on Sundays.
C. Wherever possible, the parties shall notify each other one month in
advance of any necessary changes to the weekend schedule.
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No. 01-3514 Civil Term
3. During any period of custody or visitation the parties to this Order shall not possess
or use controlled substances or alcoholic beverages. The parties shall likewise ensure, to the
extent possible, that the other household members and/or house guests comply with this
prohibition,
4. Holidays. The following holidays shall be alternated between the parties:
1) New Year's Day.
2) Easter.
3) Memorial Day.
4) Independence Day.
5) Labor Day.
6) Thanksgiving.
In odd-numbered years, Father shall have even-numbered holidays and Mother
shall have odd-numbered holidays. In even-numbered years, Father shall have odd-
numbered holidays and Mother shall have even-numbered holidays. The Thanksgiving
custodial period shall be from Thanksgiving Day at 10:00 a.m. until 6:00 p.m. the day following
Thanksgiving. Father shall custody for the Thanksgiving holiday 2001.
5. Christmas. Father shall have Christmas each year from December 27th at 10:00
a.m. until December 31st at 6:00 p.m., unless Father has the New Year's holiday. In the event
that Father has the New Year's holiday, which would occur in even-numbered years, then
Father's custodial period for Christmas shall extend until January 1st at 6:00 p.m.
6. Neither party shall do or say anything which may estrange the Child from the other
parent, injure the opinion of the Child as to the other parent, or hamper the free and natural
development of the Child's love and respect for the other parent. Each parent shall ensure
that third parties also comply with this provision during his or her periods of custody. The
parties shall refrain from any discussion of their custody or divorce litigation in or around the
presence of the minor Child.
7. Father shall participate in a chemical dependency evaluation to be performed by a
Certified Addictions Counselor at his own expense and shall participate in any follow-up
recommended treatment, should treatment be recommended. Mother shall participate in an
evaluation to assess anger management and mood stability, and treatment if recommended,
at her own expense.
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No. 01-3514 Civil Term
8. In the event that either party intends to take the Child out of town for a period of
custody, they will provide to the other parent the location and telephone number where they
can be reached.
9. The parties are entitled to reasonable telephone contact between the Child and the
non-custodial parent.
10. The Custody Conciliation Conference shall reconvene on January 7,2002, at
9:15 a.m., at the office ofthe Conciliator, Melissa Peel Greevy, Esquire, 214 Senate
Avenue, Suite 105, Camp Hill, Pennsylvania. At the time of the Conference, the existing
Order will be reviewed and among the topics to be considered will be the amount of time for
the parties' summer vacation schedule.
BY THE COURT,
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Dis\: Richard C. Rupp, Esquire, 355 N. 21" Street, Suit 05, Camp Hill, PA 17011
Jeff Foreman, Esquire, 4409 N. Front Street, Harrisburg. PA 17110
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THEODORE J. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-3514
Defendant
CIVIL ACTION - LAW
CUSTODY
KRISTI L. NUTAiTIS,
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
Sara E. Nutaitis
February 14, 1993
Mother
2. The parties' first Custody Conciliation Conference was held on July 24, 2001, with
the following individuals in attendance: the Father, Theodore J. Nutaitis, and his counsel,
Richard C. Rupp, Esquire; the Mother, Kristi L. Nutaitis, and her counsel, Jeff Foreman,
Esquire.
3. The parties reached an agreement for a Temporary Order in the form as attached.
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eliss eel Greevy, Esquire
Custody Conciliator
Date
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THEODORE J. NUTAITIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-3514
Defendant
CIVIL ACTION - LAW
CUSTODY
KRIST I L. NUTAITIS,
Oler, J. --
ORDER OF COURT
AND NOW, this 1.)_" d day of February, 2002, upon consideration of
the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Legal Custody. The parties, Theodore J. Nutaitis and Kristi L. Nutaitis, shall have
shared legal custody of the minor Child, Sarah E. Nutaitis, born February 14, 1993. 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 Pac 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 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. Both parents shall be entitled to full participation in all
educational and medicalltreatment planning meetings and evaluations with regard to the minor
Child. Each parent shall be entitled to full and complete information from any physician,
dentist, teacher or authority and copies of any reports given to them as parents including, but
not limited to: medical records, birth certificates, school or educational records, attendance
records or report cards. Additionally, each parent shall be entitled to receive copies of any
notices which come from school with regard to school pictures, extracurricular activities,
children's parties, musical presentations, back-to-school night, and the like.
2. Physical Custody. The Mother shall have primary physical custody subject to
Father's rights of partial physical custody. Father shall have custody on alternate weekends
from Friday at 5:00 p.m. until Sunday at 6:00 p.m. during the school year. The return time on
Sunday shall be extended until 8:30 p.m. during the summer school recess. Effective
February 15, 2002, in the event that the Child is not in school on a Friday which would
commence Father's custodial weekend, Father may pick the Child up at 3:30 p.m. In the
event that the Child is not in school on Monday following Father's custodial weekend, Father's
custodial weekend shall be extended until 6:00 p.m. on the Monday holiday.
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No. 01-3514 -- Civil Term
3. The parties have agreed to switch some weekends in their schedule, therefore,
Father shall have custody the weekend of March 22 through 24, 2002, and March 15 through
17,2002,
4. Summer. The parties shall divide custody for the 2002 summer school recess as
follows: Father shall have physical custody from 5:00 p.m. on June 7,2002, until 6:00 p.m. on
June 14, 2002; June 28,2002, at 3:30 p.m. until June 30,2002, at 8:30 p.m.; July 5,2002, at
3:30 p.m. until July 15, 2002, at 8:30 p.m.; August 2,2002, at 3:30 p.m. until August 12, 2002,
at 8:30 p.m. Father's alternating weekends of physical custody shall commence on August
30, 2002, at 5:00 p.m.
For future summer recesses the parties shall divide summer school recess time
equally. However, in the event that there is an uneven number of weeks of school recess,
Mother shall have the extra week. The parties agreed that in guiding their agreement for
summer plans the following principles shall apply:
A. Father shall not have continuous custody for more than fifteen days.
B. Father shall have no more than two consecutive weekends at a time.
C. The last full week before school begins, the Child shall be in the physical
custody of Mother.
By March 1 st of each calendar year, the parties shall provide each other of their
vacation plans for the summer school recess. In the event that the parties have chosen
overlapping periods of vacation, the party first providing written notice shall have choice of the
summer schedule.
5. Holidays. The following holidays shall be alternated between the parties:
1) New Year's Day
2) Easter
3) Memorial Day
4) Independence Day
5) Labor Day
6) Thanksgiving
In odd-numbered years, Father shall have even-numbered holidays and Mother shall
have odd-numbered holidays. In even-numbered years, Father shall have odd-numbered
holidays and Mother shall have even-numbered years. The Thanksgiving custodial period
shall be from Thanksgiving Day at 10:00 a.m. until 6:00 p.m. the day following Thanksgiving.
Mother shall have custody for the Thanksgiving holiday 2002.
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No. 01-3514 -- Civil Term
6. Mother's Day/Father's Day. Unless otherwise agreed, to commence with Mother's
Day 2003, Mother shall have custody for Mother's Day and Father shall have custody for
Father's Day.
7. Christmas. Father shall have Christmas each year from December 27th at 10:00
a.m. until December 31st at 6:00 p.m., unless the Father has the New Year's holiday. In the
event that Father has the New Year's holiday, which would occur in even-numbered years,
then the Father's custodial period for Christmas shall extend until January 1st at 6:00 p.m.
8. Neither party shall do or say anything which may estrange the Child from the other
parent, injure the opinion of the Child as to the other parent, or hamper the free and natural
development of the Child's love and respect for the other parent. Each parent shall ensure
that third parties also comply with this provision during his or her periods of custody.
9. During any period of custody or visitation the parties to this Order shall not possess
or use controlled substances or alcoholic beverages. The parties shall likewise ensure, to the
extent possible, that other household members and/or house guests comply with this
prohibition.
10. In the event that either party intends to take the Child out of town for a period of
custody, they will provide to the other parent the location and telephone number where they
can be reached.
11. The parties are entitled to reasonable telephone contact between the Child and the
non-custodial parent.
BY THE COURT,
Dis!:
Richard C. Rupp, Esquire, 355 N. 21st Street, Suite 205, Camp Hill, PA 17011 ~ ~ .1. :J.cS'. 0 2,)
Jeff Foreman, Esquire, 4409 N. Front Street, Harrisburg, PA 17110 - U-
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3514
THEODORE J. NUTAITIS,
Plaintiff
Defendant
CIVIL ACTION - LAW
CUSTODY
KRISTI L. NUTAITIS,
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
Sarah E. Nutaitis
February 14, 1993
Mother
2. A Custody Conciliation Conference was held on February 11, 2002, with the
following individuals in attendance: the Father, Theodore J. Nutaitis, and his counsel, Richard
C. Rupp, Esquire; the Mother, Kristi L. Nutaitis, and her counsel, Bruce Foreman, Esquire.
3. The parties were seen for their second Custody Conciliation Conference pursuant
to a plan made at the time of their initial Conference in July 2001. The parties reached an
agreement in the form of an Order as attached.
d/t61o~
Melissa Peel Greevy, Esquire
Custody Conciliator
Date
lik
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