The URL can be used to link to this page

Home My WebLink About01-7186 FX - ~, - " , ,. , H '.'.' --'~,., ",,'~~'" ">"~',"'---,",--"", ,-LC.illi,<M.~o;;~ JUN 2 5 2002 ~ . BRANDI OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICKIE OTT, JR., Defendant NO. 01 -7186 CIVIL IN CUSTODY COURT ORDER // "Ju De AND NOW, this 1.C-.11i day of ~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the 5? rzd. day of {Y (I.:hJ::A J.It,;, , 2002 at I) 3 c> L. M. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, the custody schedule as set forth in this court's April 17, 2002 Order shall remain in effect. cc: ~rylou Matas, Esqnire -e3rrie Bowmaster, Esquire L . (rp.H ~ ) (, ..27-0. J. L . .'-. - "__..'H',_~",, ',"" " ','+E.i1~ "~, ;, - '1-:" - -~'idC;'i ... BRANDI OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICKIE OTT, JR, Defendant NO. 01-7186 CIVIL IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Astian N. Ott, born October 23,1991; Ayla R. Ott, born May 30,1995; and Rickie M. Ott, III, born February 1,1999. 2. A Conciliation Conference was held via a conference call with the attorneys on June 21, 2002, when the conciliator spoke with Carrie Bowmaster, Esqnire and Marylou Matas, Esquire. 3. There was some discnssion with respect to whether this case should be referred to a custody evaluator. One of the parties would not agree to the evaluation although the other party was wiling to incur the costs. The parties require a hearing relative to the Mother's dissatisfaction with the existing custody order. The conciliator recommends an order in the fonn as attached. Lt bd ():), DATE c;;c Hubert X. Gilroy, Esq Custody Conciliator '", FES 0 6 2002 I/O , BRANDI OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICKIE OTT, JR., Defendant NO. 01 -7186 CIVIL IN CUSTODY COURT ORDER AND NOW, this \2- ~ day of February, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Brandi Ott, and the Father, Rickie Ott, Jr., shaH enjoy shared legal custody of Astian N. Ott, born October 23, 1991; Ayla R. Ott, born May 30, 1995; and Rickie M. Ott, III, born February 1, 1999. 2. Physical custody of the minor children shall be handled as follows: A. Father shall enjoy physical custody on alternating weekends from Saturday at 4:00 p.m. through Wednesday morning when the Father shaH deliver the children to daycare of school. Father shaH also enjoy temporary custody on the Wednesday evenings of his off week from 6:00 p.m. until 9:00 p.m. Father shall also enjoy temporary custody at such other times as agreed upon by the parties. B. Mother shaH enjoy physical custody of the minor children at times the children are not with the Father under the schedule set forth above. 3. This order is a temporary order issued pursuant to an agreement reached by the parties. A second custody conciliation conference is scheduled for Thursday, April 11, 2002 at 8:30 a.m. In the event the parties believe that they can reach an agreement on a permanent order, counsel for the parties may contact conciliator to cancel this custody conciliation conference. 4. Both parents shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. " cc: , ~.- -~. " '~''- 'c I ;,,-,; 5. This is a shared legal custody arrangement such that both parents shall keep the other parent informed of all matters relating to the children's health, education, and other pertinent parenting issues. BY THE COURT, ;)A Marylou Matas, Esquire Carrie Bowmaster, Esquire ~~ J. :J. /J. t>;z.., q... ITft , " ~~ 'c "' >"" ,I - l:iiIliti,';;;'" .- ' . BRANDI OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICKIE OTT, JR., Defendant NO. 01 -7186 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: :\ 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Astian N. Ott, born October 23, 1991; Ayla R. Ott, born May 30, 1995; and Rickie M. Ott, III, born February 1, 1999. 2. A Conciliation Conference was held on February 1, 2002, with the following individuals in attendance: The Mother, Brandi Ott, with her counsel, Carrie Bowmaster, Esquire; and the Father, Rickie Ott, Jr., with his counsel, Marylou Matas, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~ DATE 4/ - '''':"", ,- , " APR 1 5 2002 3> BRANDI OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW RICKIE OTT, JR., Defendant NO. 01 -7186 CIVIL IN CUSTODY COURT ORDER AND NOW, this \ ~ tL day of April, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of February 12, 2002 is vacated and replaced with the following order: 1. The Mother, Brandi 00, and the Father, Rickie 00, Jr., shall enjoy shared legal custody of Astian N. O1t, boru October 23,1991; Ayla R. O1t, born May 30, 1995; and Rickie M. 00, III, born February 1, 1999. 2. The minor children shall be referred to a counselor agreed upon by legal counsel for the parties. The focns of the counseling shall be to address any issues the children have relative to matters on custody and visitation with the parents. The parents shall participate in the counseling sessions as directed by the counselor. The counselor is authorized to share with both parents and legal counsel for both parents all matters relating to these counseling sessions without the requirement of any signed release from either parent. 3. The parties shall meet again for a custody conciliation conference on Thursday, June 13, 2002 at 8:30 a.m. Pending the next custody conciliation conference, the following temporary order of court is entered relative to physical custody of the minor children: A. Father shall enjoy physical custody of the minor children as follows: i. On alternating weekends from Saturday at 4:00 p.m. through Wednesday morning when the Father shall deliver the children to daycare or school. ii. Following the weekend that Father does not have custody, Father shall have custody on Monday with Rickie starting at 9:00 a.m. and with the other two children starting after school. All three children shall be returned to the Mother by 7:30 p.m. on Monday evening. rr k-li~~~...SHiil.:''''lllWI.i!i\ll!l''Il-,M:lli,~''''!_~=I,'ifui\\\;';;;:;'V~",",j-JI<JiOi~..'':;;Ji;ld!&d~'''<''''I'''''"l<I!Jt,:fllllful"~il)j;~~~llilIiJiiiI~~ , -, , \/ r "~Ii'I,(~NN3d \J 11'\; '11 ::' ':" _'I '.'''t(')~~,(rV'' ---.(" il"'-f, -'"'!I]--''iIIJ '''N,n;,'', ,""'", ,0 \1 ;.j' I " ,-'" J .r', U~! LC <d. ,',> 'I 1'-' '7(1 i \ ('jd'~i t~,U '"'I , "I\r }.,C\"I, ...:1\ ",....' !1",!~!,I~,jJ";..mJH !]LllL.",,,,,;L,IU,,] "J.~ u.."""",."....""" "'~'" ,'" ,'" >, ~'"~ ,~~ ^,.~,,~,~~<, ~-,^ ,,~ ,~,-"c, ; - '. iii. At such other times as agreed upon by the parties. B. Mother shall enjoy physical custody of the minor children at times the children are not with the Father under the schedule set forth above. 4. Subject to any modifications in future orders, the folIowing schedule shall be implemented with respect to holidays: A. Mother shall always have cnstody of the minor children on Easter from 9:00 a.m. until 3:00 p.m. B. For the Thanksgiving holiday, Mother shall have custody of the minor children from 9:00 a.m. until 3:00 p.m. and Father shall have custody from 3:00 p.m. until 9:00 p.m. C. For the Christmas holiday in even years, Father shall have custody of the minor children on Christmas Eve from 2:00 p.m. until 10:00 p.m. and Mother shall have custody from Christmas Eve at 10:00 p.m. until Christmas Day at 9:00 p.m. On odd numbered years, Father shall have cnstody of the minor children from Christmas Even at 2:00 p.m. until Noon on Christmas Day, and Mother shall have custody from Noon on Christmas Day until Noon on December 26th. D. For Memorial Day, July 4th, Labor Day and New Year's Day, Mother shall have custody of the children from 9:00 a.m. until 3:00 p.m. and Father shall have custody from 3:00 p.m. until 9:00 p.m. 5. Both parents shall enjoy reasonable telephone contact with the minor children when the children are in the cnstody of the other parent. 6. This is a shared legal custody arrangement such that both parents shall keep the other parent informed of all matters relating to the children's health, education and other pertinent parenting issues. Additionally, this order authorizes all school officials and health providers to share with both parents all information relating to the minor children without the requirement of any signed authorization from the other parent. BY THE COURT, cc: Marylou Matas, Esquire Carrie Bowmaster, Esquire J. ~ ~ 4-1?-O~ ~, I '~ .,*" , ~ " -. ",,,,, ,,'~ '-- ", -"-'" -d' - " - -- -,.'.' - '_oj", ,,'- ,;, :-,-,- J' ,'-, '" _",l'~ '-",-",;",-;.' ,{.;'~ ,-J.'il8liU;"-:Jil~ ;"_-": - . BRANDI OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RICKIE OTT, JR., Defendant NO. 01 -7186 CIVIL IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Astian N. Ott, born October 23,1991; Ayla R. Ott, born May 30,1995; and Rickie M. Ott, Ill, born February 1, 1999. 2. A Conciliation Conference was held on April 11, 2002, with the following individuals in attendance: The Mother, Brandi Ott, with her couusel, Carrie Bowmaster, Esqnire; and the Father, Rickie Ott, Jr., with his counsel, Marylou Matas, Esqnire. 3. The parties agree to the entry of an order in the fonn as attached. rf fS/ (JJ DTE C)Clp Hubert X. Gilroy, Es Custody Conciliator 1 ,~~:,,:, . BRANDI OTT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-7186 CIVIL ACTION LAW RICKIE OTT, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, January 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 24, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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: Isl Hubert X. Gilroy. Esq. 611\1\ Custody Conciliator v ~ 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i: l-",'r,~'i~@:*'3'~:I4>J;"'"H ~,;, '", ,;-"",'~:0<'~,,~",U.;':i;;J'I' ,,;~,!li-_'U-''''~~' '~" ",- ,. " '. ,,,j,":<.~;';, ,_"O~_"_,":~",j'b;,,,;~":CiJi4i!i,jaW*Wi~L!$i.~"""'lii',J"il_'lli\i"''''loiI,~",I~_)-,<;;l\j;;jtllli;i~.,.~^,-'lW.__~"""'___ ? '7~ ~.# ~~~~ ~-b~~-~ ~)t, ~~ pf!- ~w4/fl ViNV/\lASNN3cl A.LNnO~} !,]t,t/11..q~!,I"'n') ...",-,\, ,.. q I :"c"J UJ ." ",i.,) q... \~Ui' 7[1 I, I,... L.I.,. tfg C;3 ..1:"'\ _J ..~ ~~l<UJ~A~l~-,,,l;JJ.UlU~ ;~~ :11 ~!l1tJl(~)JI,~,L:l~",1~',~~.J~t,;;~l1_;:_i ~:,~ .,~d_ ,"~>_,~~ _>C'" J""_A"'.,~,~~" "',~.,,,- r,' u", '-, "<,",~<r,_ ",~=,o.m'~, .~ 113. ( /~.J,I /rJ. ;5,/ ~C' ,~"",,," " .~ - -I"""-"W.!,.-=~,,,.-, BRANDI OTT, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -vs- NO.OI -11R'I...-CIVIL TERM RICKIE OTT, JR., DEFENDANT CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at .m. on the_day of . 2~ 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 the scheduled conference. BY THE COURT, Date Custody Conciliator ~l ",~'- ' - " ,~_..."" < "",-wL".,,,,,_,,,,,,,,,,,;- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of1990. 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. J~v~:, BRANDI OTT, PLAINTIFF -vs- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.6' - ~ ,pc. -CIVIL TERM RICKIE OTT, JR., DEFENDANT CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Brandi Ott, by and through her attorneys, Reichard Law Offices, LLC and avers as follows in support of this Complaint for custody. 1. Plaintiff is Brandi Ott, an adult individual currently residing at 24 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Rickie Ott, Jr., an adult individual currently residing at 5 Earl Street, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody of the following minor children: Astian Ott, born October 23, 1991, A yla Ott, born May 30,1995, and Rickie Ott, III, born February 1,1999, who reside at 24 Spring Garden Estates, Carlisle, Pennsylvania. 4. Astian and Ayla were born out of wedlock. Rickie was born in wedlock. 5. The children are presently in the physical custody of Plaintiff, Brandi Ott, who resides at 24 Spring Garden Estates, Carlisle, Pennsylvania. n ~,. , '" ~ ""'~ ~ --I_"^,,,,,~ 6. For the past five years, the children have resided with the following persons at the following addresses: NAME ADDRESS DATES Brandi, Astian & Ayla 46 Spring Garden Est. Carlisle, P A 17013 March '97 (for a couple of weeks) Brandi, Astian, & Ayla 7 Pine Apt. #304 Mt. Holly Springs, P A Dec. '97-May '1998 Brandi, Rickie, Astian & Ayla 114 2nd Street Carlisle, PA 17031 May '98-Sept. '98 Brandi, Rickie, Astian, Ayla and Rickie, III 24 Spring Garden Est. Carlisle, PA 17031 Sept. '98-Sept.'01 Brandi, Astian, Ayla & Rickie, III 24 Spring Garden Est. Carlisle, P A 17013 Sept. '01-Present 7. The mother of the children is Brandi OU, currently residing at 24 Spring Garden Estates, Carlisle, Pennsylvania. She is married. 8. The father of the children is Rickie OU, Jr., currently residing at 121 Andrew Court, Carlisle, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Astian ou Ayla ou Rickie OU, III Daughter Daughter Son '~ ~ ~,~~ '.......' '__""",zce" 10. The relationship of Defendant to the children is that of natural father. The Defendant currently resides with the following persons: Name Relationship N/A 11. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody ofthe children in this or any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff seeks primary physical custody of the children and a schedule of partial custody for the Defendant. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The children have resided with their mother from birth, and she has been their primary caretaker. She believes that she is best suited to continue in this role. b. The children have never been separated from their Mother for long periods of time in the past. f' n" ~~ ", ","'" ., .........' , ~O&d1'''';,"lWM;'''' c. Mother has always attempted to promote a relationship between the children and Father, but believes that Father would not do the same. d. Mother has remained in the marital home and she can best offer the children stability . e. The parties have separated several times during the children's lives, and Mother has been responsible for the children during these periods. f. During the most recent separation, Father has been acting aggressively and Mother is concerned about his mental state. g. Mother believes that an Order is necessary to provide the parties and the children continuity in their contact with each other. WHEREFORE, Plaintiff requests that this Court grant her primary physical custody of the minor children, and grant Defendant partial custody. Respectfully submitted, REICHARD LAW OFFICES, LLC. Date: 12.JZ%/ f I ~/IA~ . Carrie M. Bowmaster, Esquire Attorney I.D. No. 70226 Attorney for Plaintiff 70 West King Street Chambersburg, P A 17201 (717) 267-2288 . L, ~.-' "'~" "'~-, k~j(_;~ VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: I;;J} $10; t , ~~'W~<z.~{. o:tt;- Brandi Ott, laintiff ,- j::) p ~ 2 0 iJf~ - 0 it- ~ 8 it;? 'q ;:;f1'1 - i3 (:;' C-) ',- I\,) 6'~ .~!~- ~ ::5.~" - "- B r-'t5 .'" ~~) en $J " -:l;:;- Q RJ .z:: ,<-0 ".. ~$ s;d ...,~ () - ?( !i - .... -rJ - :;: " c)"r"d ~ r - ::;,-1 (.f'1 5) ""<: 1- &I.~~ ,,~".j,,-~~, Lt;~J.Jl':tJ.]b (J;; ,:.L m.~1W^,~lL,,~. ~_: ,,_.: t~i !j!}.,LYJ)A.~JJ."';~~L<^~J ;",L ~U.;,J",; ~ _ HJJ J un I " "",,'_,., _,:'_,'_'0 !."l"",....-""'_"r"''''" ~__,""~~__".,_. '. ", " "---~,,,.-,,--'" --"'-"-~-"-'" ,,' ..1 ..........."-.' , l';~~~, ..... .; , ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BRANDI OTT, PLAINTIFF -vs CIVIL ACTION-LAW 1/~ NO.Ol-'mJ'T RICKIE OTT, JR., DEFENDANT IN CUSTODY ACCEPTANCE OF SERVICE z Now, this 2./9- day of Ju.nt<aJY , zoo.1/, I, Mary Lou Matas, Esquire, attorney for Defendant in the above-captioned action, do hereby accept service of the Order of Court and Custody Complaint. .~ 711~ M u atas, Esquire Attorney or Defendant .Jworl'- ... ~~ e;c..JucL +v ~ (I<..e ~ ~(~cL.r 1 ~I 8obCJ.. ~/?~fl~ Nola~a1 Seal Robin J. Goshom, ~ Public Carlisle BolO, Cumbem'Hu CounlY My eommlsslon explllllS Apr. 17, 200S ~~I&~t~~U~AA~'iiijiM1i>Mmik~!fb~m~~,D'!t,,".{IIll!W,ij,~fr.awI~I-i~t...~i''''~,,... ""'~'H~~___INIlo':c'" tJjJr ~~ 'jM:MIil '- ~~,M,~U.LJL,.L..L L L L...NLliLJI l;;JJILI~.!IlILL:LIJ,..J"Ai!b,~vJ,tJ..l!i;,\J!., '" .. .,.. . ., .,.,.., ,., ,..', ......, ," o c: ~ ;grrJ Zf{:! zf' (1) ,/> ..< ," r-;F= ::,<,.j ~C\ La >c-..' Z ~ t~ o N ." f"'1 C> I o -n 'f:T, --j:-"-:J .. , , ~I c:.-~ --'-'T, ~:~~ f? ,..' .~ 5:J -< "'" ::.".. ~ ...., U1 ._.~- ~" ~ "01 I .~' ~- ".;.; ". ," _ 0,_, ,"__ ,t;~~,,, BRANDI OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW RICKIE OTT, JR., Defendant :No.01-7186 : IN CUSTODY PLAINTIFF'S PRE-TRIAL MEMORANDUM A. Plaintiff's Position on Custody The parties are the natural parents of three children, Astian Ott, born October 23, 1991; Ayla Ott, born May 30, 1995; and Rickie Ott, III, born February I, 1999. Plaintiff (hereinafter "Mother") and Defendant (hereinafter "Father") are married, but have been separated since September 2001. Both Astian and Ayla were born out of wedlock. The parties did not marry l1l1til July 13, 1996. The parties have ~eparated several times during the children's lives. On each of the previous occasions, the children remained in Mother's primary custody and Father had some contact with them when he was interested. In September 200 I, the parties separated when Father moved from the marital residence. The children remained with Mother again. Father's contact with the children from September 200 ll1l1til December 2001 was sporadic. Mother agreed to visits whenever Father would request. From September 2001 l1l1til December 2001, Father's behavior became increasingly aggressive resulting in Mother filing for a Protection from Abuse Order in December 2001. This matter was eventually settled by agreement without any evidence being presented. In December 2001 because of Father's behavior, Mother felt a need to file a Custody Complaint to establish specific cnstody times for Father and the children so that the contact between Mother and Father could be reduced as much as possible. Mother requested that Father have cnstody on alternating Ji'" VINYA1ASNN3d JJ.Nno:J rJ'V\fl,u=JpiAJno L"I:21,1<:1 08dSZO ,.(rr."/-'\I,_""_,, ,___,_ Cl!i i, _,." , , ~"'_ .~~. '..... '~,.~, j1:Jf::l:K)k-(IJ -IL:," 1I__ ^ '~__~'_'"".-n. h"",~,_ "-$~,"'-""'_",~,,"_,__,,,,_, "k~', '0" '''~~, _.'''''"",,,""~~_ " .-,~ " ~~- . " -= - ,.-I,,,,~,,,-, weekends from Friday through Snnday. At the first Conciliation Conference, Mother agreed to an Order that provided Father with alternating weekends of custody from Saturday nntil Wednesday. Fatherrequested for the fust time ever, a shared custody arrangement on a weekly basis. Several additional Conciliation Conferences resulted in additional terms, but never resolved the matter completely becanse Father continued to request joint custody on an alternating week basis. Mother is firmly opposed to this type of cnstody schedule for several important reasons. First, she has been the primary care giver of these children their entire lives. She has attended their school activities and seen to their extra circular activities. She arranges her work and school schedule to accommodate the children's schedules. Since the filing of this Compliunt, on Father's periods of custody, the children have missed practices because Father had his own practices or did not feel like taking the children and gone to school tired. Fnrther, Father has insisted that homework be completed at the babysitter's home so that he does not have to deal with it. Next, Father's home is a two bedroom apartment in which the children share a room. Mother is opposed to the children having long periods of custody with Father in a home where they have to share a room. Astian is a developing almost eleven year old and Rickie III is a curious three and half year old. Both should have separate private space. Fnrther, Father's home has become a revolving door. He has had several roommates or various other people spending the night at his home. On one occasion, he had a woman and her children residing with him which meant that the children at issue here either had to share their beds or sleep in the living room. This behavior does not provide the children with the stability that they need to thrive. Next, Father bas and continues to endanger the children's welfare despite repeated reqnests that he refrain from his behavior. Astian has health problems related to her kidneys. Father fails to c._ _0' ~ ~- ,~>~ -~~ " ~ '.' ',- ~ ' I ~'''''''';~i!,";'" give her medicine and monitor the testing that needs to be done. Further, Astian's pediatrician has diagnosed her frequent respiratory problems coming from smoke. Despite repeated requests, Father continues to smoke in the children's presence. Finally, Father has changed his work schedule so that he is now working Monday through Friday from noon to 8:00 p.m. The parties have been working together to arrange times for Father to visit with the children. However, a work schedule such as this would prevent Father from getting the children to their extra circular activities. Further, either someone else must do their homework with them or they will be up very late getting it done when Father gets home from work. Further, this schedule means that the children would spend even more time with a babysitter when a parent is available. Mother believes that the children should be with her instead of a babysitter to handle these very important events in the children's lives. Mother believes that she can offer the children stability, her direct involvement and continue to encourage a relationship between Father and the children. Mother's believes that this is in the children's best interest. B. Witnesses Brandi Ott - Brandi is the mother of the children. She will testify to the circumstances surrounding the children's lives and she and Father's involvement. She will also testify to what she can offer the children in terms of stability and involvement in their lives. Sherran Barder - Sherran is Brandi's mother who also provides babysitting for both Mother and Father. She will testify as to her contact with Father and the children and Mother and the children. She will also testify to Father's conduct at custody exchanges. ~, ~=, I~ ,.1 .-' - ~~ Rochelle Shughart - She is Mother's friend who will testify to how Mother and the children interact and to Father's alcohol use. Plaintiff reserves the right to call additional witnesses, with prior notice to Defendant. C Expert Witnesses Dr. Hollv Hoffman - Dr. Hoffinan has agreed to provide information to the Court regarding Father's smoking in front of the children and regarding Astian's health. However, she can only testify by telephone on this day. Plaintiff is hopeful that this can be arranged. If this cannot, then Plaintiff will not be providing this witnesses testimony. Respectfully submitted, ~~ Carrie M. Bowmaster, Esqnire Attorney l.D. No. 70226 Franklin County Legal Services 19 South Main St., Suite 12 Chambersburg, P A 17201 (717) 262-2326 'Il< 1,- '''''1l<2"-';~'''.;' ~ ..,'. '"." SfP , 0 2002 BRANDI OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : CIVIL ACTION - LAW RICKIE OTT, JR., Defendant :No.01-7186 : IN CUSTODY PLAINTIFF'S PRE-TRIAL MEMORANDUM A. Plaintiff's Position on Custody The parties are the natural parents of three children, Astian OU, born October 23,1991; AyIa Ot!, born May 30, 1995; and Rickie Ott, III, born February 1, 1999. Plaintiff (hereinafter "Mother") and Defendant (hereinafter "Father") are married, but have been separated since September 2001. Both Astian and Ayla were born out of wedlock. The parties did not marry until July 13, 1996. The parties have separated several times during the children's lives. On each ofthe previous occasions, the children remained in Mother's primary custody and Father had some contact with them when he was interested. In September 200 I, the parties separated when Father moved from the marital residence. The children remained with Mother again. Father's contact with the children from September 200 I until December 200 I was sporadic. Mother agreed to visits whenever Father would request. From September 2001 until December 2001, FatJ:ler's behavior became increasingly aggressive resulting in Mother filing for a Protection from Abuse Order in December 2001. This matter was eventually settled by agreement witl10ut any evidence being presented. In December 2001 because of Father's behavior, Mother felt a need to file a Custody Complaint to establish specific custody times for Father and the children so that the contact between Mother and Father could be reduced as much as possible. Mother requested that Father have custody on alternating weekends from Friday through Sunday. At the first Conciliation Conference, Mother agreed to an Order that proyided Father with alternating weekends of custody from Saturday until Wednesday. Father requested for the first time ever, a shared custody arrangement on a weekly basis. Several additional Conciliation Conferences resulted in additional terms, but never resolved the matter completely because Father continued to request joint custody on an alternating vyeek basis. Mother is firmly opposed to this type of custody schedule for several important reasons. First, she has been the primary care giver of these children their entire lives. She has attended their school activities and seen to their extra circular activities. She arranges her work and school schedule to accommodate the children's schedules. Since the fIling of this Complmnt, on Father's periods of custody, the children have missed practices because Father had his own practices or did not feel like taking the children and gone to school tired. Further, Father has insiste_d that homework be completed at the babysitter's home so that he does not have to deal with it. Next, Father's home is a two bedroom apartment in which the children share a room. Mother is opposed to the children having long periods of custody with Father in a home where they have to share a room. Astian is a developing almost eleven year old and Rickie III is a curiQUS three and half year old. Both should have separate private space. Further, Father's home has become a revolving door. He has had several roommates or various other people spending the night at his home. On one occasion, he had a woman and her children residing with him which meant that the children at issue here either had to share their beds or sleep in the living room. This behavior does not provide the children with the stability that they need to thrive. Next, Father has and continues to endanger the children's welfare despite repeated requests that he refrain from his behavior. Astian has health problems related to her kidneys. Father fails to give her medicine and monitor the testing that needs to be done. Further, Astian's pediatrician has diagnosed her frequent respiratory problems coming from smoke. Despite repeated requests, Father continues to smoke in the children's presence. Finally, Father has changed his work schednle so that he is now working Monday through Friday from noon to 8:00 p.m. The parties have been working together to arrange times for Father to visit with the children. However, a work schedule such as this would prevent Father from getting the children to their extra circular activities. Further, either someone else must do their homework with them or they will be up very late getting it done when Father gets home from work. Fnrther, this schedule means that the children would spend even more time willi a babysitter when a parent is available. Mother believes that the children should be with her instead of a babysitter to handle these very important events in the children's lives. Mother believes that she can offer the children stability, her direct involvement and continue to encourage a relationship between Father and the children. Mother's believes that this is in the children's best interest. B. Witnesses Brandi Ou - Brandi is the mother of the children. She will testifY to the circumstances surrounding the children's lives and she and Father's involvement. She will also testifY to what she can offer the children in terms of stability and involvement in their lives. She11'an Barder - She11'an is Brandi'5 mother who also provides babysitting for both Mother and Father. She will testify as to her contact with Father and the children and Mother and the children. She will also testifY to Father's conduct at custody exchanges. RochelLe Shughart - She is Moth"r's friend who will testify to how Mother and the children interact and to Father's alcohol use. Plaintiff reserVes the right to call additional witnesses, with prior notice to Defendant. C. Expert Witnesses Dr. Hollv Hoffman - Dr. Hoffinaj'l has agreed to provide information to the Court regarding Father's smoking in front of the children and regarding Astian's health. However, she can only testify by telephone on this day. Plaintiff is hopeful that this can be arranged. If this cannot, then Plaintiff will not be providing this witnesses testimony. Respectfully submitted, f:n~~ --~ Carrie M. Bowmaster, Esquire Attorney J.D. No. 70226 Franklin County Legal ServiCes 19 South Main St., Suite 12 Charnbersburg, P A 1720 I (717) 262-2326 d"'~" __ .L "- '"' ~~ ~,",""""""'-,-0$,'_ . BRANDI OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW OCT 0 3 2002 V RICKIE OTT, JR., Defendant NO. 01-7186 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this ~ day of (J L.t 0 10 ~ ) , 2002, upon consideration of the within Motion, it is hereby ORDERED and DIRECTED that the hearing previously scheduled in this matter for October 2, 2002, at I :30 p.m. is continued generally, to be rescheduled at the request of either party or their respective connsel. BY THE COURT, J. cc: Marylou Matas, Esquire Attorney for Defendant Carrie M. Bowmaster, Esquire, Attorney for Plaintiff . .~ ~ I()- '-I.D.}., Q-, (15 57 L \fIN\\fCr\SNN3d ' '\',..... ""r. (;-, '- '"Ii '-"~il'in'"' 1\4.-} !U,,) ".I\_':,:i ',":::i-f!11 V "'1>"'//'..1 ,,- )''''O'?n '~.~.. . ~ !' '.. I '01..",) "-'U lb""'" '" " 10 '(1" ;!';,' ''''11 ',",__, "'"'; 1 ~_ ,. ',f.~_\...., ",-". _ '-c,. .~" ,_ -.l ::J:;iJ~lO'-Cf:nld III i . _,<.lL.~ >",,_",~~,_~".l.L'J '",~,_.."",~ ' wlrl!llW..' ~., JIll LD."!,,,,,,, '. ~lUILj, 11,., L",.,~.,.., .. > . ~ ~ ~.. ~.J.~_~~L BRANDIOTT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICKIE OTT, JR., Defendant NO. 01-7186 CIVIL TERM IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes Petitioner, Marylou Matas, Esquire, and petitions the Court as follows: I. Your Petitioner is cOl1l1sel of record for the above named Defendant, Rickie Ott, Ir. 2. Plaintiff, Brandi Ott, filed a Complaint for Custody which caused a hearing to be scheduled for October 2, 2002, at 1:30 a.m. A copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A." 3. The parties have been operating under the terms of the Order of Court, dated April 17th, 2002, since the date of the custody conciliation conference. 4. The parties agreed, by and through their respective counsel, that the hearing be rescheduled generally. 5. The parties are attempting to negotiate a comprehensive settlement to resolve the issues raised in Plaintiffs Complaint. 6. A copy of this Petition has been provided to Plaintiff's cOl1l1sel of record, Carrie M. Bowmaster, who concurs in this request. rn=~ __=_ - __ <.-I -~~- .:...- I -. -.~'~;~>""'1J.'~ WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing generally from Wednesday, October 2, 2002, at I :30 p.m. Respectfully submitted, (~ Marylou at , Esquire Attorney for laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 --> L ,~ J~~,,_ VERIFICATION I verifY that the statemehts made in the foregoing document 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 falsifications to authorities. DATE: 9/U fa2- , , ~T?s1;t. . ~~ 0" ~~~"'''''',..''' ----~ .- . JUN 25' 20D2 ~ . . BRANDI OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW RICKIE OTT, JR., Defendant NO. 01 - 7186 CIVIL IN CUSTODY COURT ORDER II Tu lie AND NOW, this 1.(,1l, day of ~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the 6{ FIe:( day of {Q (nit J A ~ , 2002 at /) 3d L. M. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing couusel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will be called to testify on behalf of each party and a suunnary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, the custody schedule as set forth in this " court's Aprill7, 2002 Order shall remain in effect. BY THE COURT/! *'rylou Matas, Esquire ..e3rrie Bowmaster, Esquire Jf Wesley Oler, J . \) ) (l~ L 6,-.27-0. 1 J. .., cc: of .IA 'I~Ll "1\--" ',::)(.n\ \)1' 1\ 1," '''';'',"o-"",'_','~',.d_,_"'' ,~",,'i ~NJ!.'"-~,.J-,"'"":rA,~,',';_,"'4-j-,,a,,,,--.;-:,<.ic,ja"l'~",,,"'''''~",,''',~"~~!#Qiiditi'ilf'ffi@:itM~~IL_a,,;h""'''_ o N o CJ -' \ (0 g S; ~CG .-<'>rn I...!) ""f'~ .?-~-;::.~ ~'Y-' V;-"/ 2:t:) yo ~;~ C> y~ ::::l -( ll. ..t . .','" ILJ'II_!III!iil,.LJ.!.~,.\!lI,i!\!!i~UIi.,;lmJ!!U!I".1,JJ!.J~,II!~JW;J~,lll.J!,IU,lJ,,!,,!\,jJ,,,,,,,,,, I.L .,J.Y.;.!! ~!. J!,LL!I,.lll.JUIIIIlm,.,,] ;. "'" .-;;~ ~ tj '-rl ,-e -C-"I ~:,,'~~1 -'..-:';0 "~~, :d, 5:i -.. - - <1' .ll! .!UUH...m" Sheri D. Coover, Esquire ?fF THE Pf?gTNvRJ-?ir?`;` Scaringi &Scaringi, P.C. ? W-7 7J4 Attorney ID 93285 1012 FEB 17 Ah 1 i : 12 44 S. Hanover Street Carlisle, PA 1701N3 CUMBERLAND COUNTY 'Y (717) 960-0075 (telephone) PENNSYLVANIA (717) 960-0074 (facsimile) sheri(?scarin.gilaw.com BRANDI OTT, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 01-7186 RICKIE OTT, JR., Defendant IN CUSTODY MOTION TO MODIFY CUSTODY/MOTION FOR CONTEMPT AND NOW, comes Defendant Rickie Ott, Jr, by and through his counsel, Scaringi & Scaringi, P.C. and files the following MOTION TO MODIFY CUSTODY/MOTION FOR CONTEMPT and in support thereof avers as follows- 1 . On or around February 12, 2002 this Honorable Court issued an Order which granted the parties shared legal custody of the minor child Rickie M. Ott, III. (A true and correct copy of the February 12, 2012 Order is hereby attached as Exhibit A). 2. That same Order also granted periods of physical custody of the child on alternating weekends from Saturday at 4:00 p.m. through Wednesday morning at the beginning of school and Wednesday evenings from 6:00 p.m. through 9:00 p.m. 3. In or around March of 2011, Plaintiff Brandi Ott (hereinafter referred to as "Mother") called Defendant Rickie Ott, Jr. (hereinafter referred to as "Father") and advised him that she wanted the minor child Rickie Ott, III to come live with him because the child was unruly and would not listen to the house rules. 4. At the time of that telephone call, Father advised Mother he had concerns about the child changing school districts in the middle of the year and thought that the move should wait until the time that the child was off on summer vacation. 5. Within the next few days, Father received a telephone call from Mother in which Mother advised him that she had already withdrawn the child from the Boiling Spring School that he attended and that Father should come to her home after she got off of work to pick the child and his clothing up so that the child could move with Father. 6. Father went to pick up the child at Mother's home as she requested and has lived with Father since that time. 7. At the time that the child went to live with Father, the child was transferred to the Big Spring School District and enrolled in the sixth grade at the Big Spring Middle School. Father filled out a Sworn Statement by Residenent regarding the child which is hereby attached as Exhibit B. 8. The child did well in Father's home and got along with Father, his step-mother, step-brother (age 13) and step-sister (age 16), who also reside in the home. 9. During the following year that the child lived at Father's residence, the child became bonded with Father and the rest of the family and thrived in Father's care. 10. During the time that the child lived with Father, he did numerous activities with Father and participated in football through the Youth Football league and baseball with the Newville Little League. 11. At the time that the child went to live with Father, the child's grades were very poor at the Boilling Springs School, but Father worked with the child and his grades dramatically improved by the end of the school year. 12. The child did well in the Big Spring School until recently, at which time grades decreased dramatically. 13. On or around February 10, 2012, without discussing the issue with Father, Mother went to the Big Spring School District and informed the school that she was there to sign Rickie Ott, III out of school and that she was transferring him to the Boiling Springs School District. 14. Since the previous custody Order granted Mother primary physical custody, the school complied with Mother's wishes without contacting Father prior to completing the transfer despite the fact that Mother had signed an Affidavit of Support that stated that she gave Father educational rights to the child. (See, "Exhibit C", Affidavit of Support signed by Mother). 15. After Mother completed the paperwork to transfer Rickie Ott, III from the Big Spring School District to the Boiling Spring School District, she contacted Father and informed him that she had already transferred Rickie Ott III's school without obtaining Father's permission or concurrence and that she was taking the child back to live with her. 16. Father stated that he objected to Mother changing the child's school and residence without speaking to him, but Mother did not comply with Father's wishes to leave the child in his care. 17. Since February 12, 2012, Father not had any visitation with the child and has only had the opportunity to speak to him by telephone and through text messages on the child's cell phone. 18. After taking the child to live with her, the child called step-mother to ask for some items that belonged to him. The child gave the phone to his Mother who advised Step-Mother that the child did not want to speak to her. 19. A Petition for Special Relief requesting that the child be immediately returned to Father's care and custody is being filed contemporaneously with this motion. 20. Undersigned counsel spoke to attorney of record for the 4Plaintiff/Respondent, Carrie Bowmaster, Esquire who advised under-signed counsel that she no longer represents the Plaintiff/Respondent and that this matter should be addressed with Plaintiff directly. MOTION TO MODIFY CUSTODY 21. Father incorporates paragraphs 1 through 20 above in their entirety. 22. The child was bonded with members of Father's household and was well cared for by Father and step-mother. 23. The child did well in the Big Springs School District until recently. After Mother transferred the child's school, the Big Spring School posted the child's grades and they had improved to passing the last few days that he was in attendance there. 24. It is in the child's best interest for him to return to his home with Father where he was doing well and for Father to be granted primary physical custody of the minor child Rickie Ott, III and for mother to be granted periods of partial custody. MOTION FOR CONTEMPT 25. Father incorporates paragraphs 1 through 24 above in their entirety. 26. Father had shared legal custody of the minor child, Rickie Ott, III. 27. Shared legal custody as defined by Pennsylvania law includes the right to make decisions regarding education and schooling. 28. Mother denied Father his right to participate in making decisions about Rickie Ott's school and where he is attending and education by making the decision to change the child's school without seeking Father's agreement or opinion regarding the change in schools. 29. Mother's actions in changing the child's school without seeking Father's agreement is in contempt of the February 12, 2002 Court Order. WHEREFORE, Father respectfully requests that this Court: A. Find Mother in Contempt of the February 12, 2002 Court Order regarding shared legal custody; B. Mother be assessed a $500.00 penalty for contempt of the February 12, 2002 Court Order; C. Father's petition for contempt be addressed at a hearing before this Court. D. The current Court Order be modified to grant Father primary physical custody and Mother periods of partial custody; E. Other relief that this Court deems to be just and proper. Restektfully submitted, Ueri D. Coover, Esquire Scaringi & Scaringi, P.C. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) sheri(a)- scaring ilaw.corn BRANDI OTT, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA T CASE NO. 01-7186 RICKIE OTT, JR., Defendant IN CUSTODY VERIFICATION I, Rickie Ott, Jr., hereby certify that I have reviewed the foregoing MOTION TO MODIFY CUSTODY/MOTION FOR CONTEMPT OF CUSTODY ORDER and hereby certify that the facts contained therein are true and correct to the best of my knowledge and belief. I understand that I can be subjected to the penalties of perjury both civilly and criminally under federal and Pennsylvania law for any false statements contained therein. Rickie Ott, Jr. Date Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) sheri scaringilaw.com BRANDI OTT, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 01-7186 RICKIE OTT, JR., Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this day of JJ 2012, 1 caused a copy of the foregoing MOTION TO MODIFY CUSTODY/M ION FOR CONTEMPT OF CUSTODY ORDER to be served upon Plaintiff via United States first class mail addressed as follows: Brandi Yohe 20 A. W. Springville Road Boiling Springs, PA RegAectfully submitted, Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 BRAND] OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff` CUMBERLAND COUNTY. PEN'.NSYI,VANIA CIVIL ACTION - LAW RICKIF OTT. JR., NO. 01 7186 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 1,1 ? day of February, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Brandi Ott, and the Father, Rickie Ott, Jr... shall enjoy shared legal custody of Astian N. Ott, born October 23, 1991; Ayla R. Ott, born May 30, 1995; and Rickie M. Ott, III, born February 1, 1999. 2. Physical custody of the minor children shall be handled as follows: A. Father shall enjoy physical custody on alternating weekends from. Saturday at 4:00 p.m. through Wednesday morning when the Father shall deliver the children to daycare of school. Father shall also enjoy temporary custody on the Wednesday evenings of his off week from 6.00 p.rn. until 9:00 p.m. Father shall also enjoy temporary custody at such other times as agreed upon by the parties. B. Mother shall enjoy physical custody of the minor children at times the children are not with the Father under the schedule set forth above. 7. ibis order is a temporary order issued pursuant to an agreement reached by the parties. A second custody conciliation conference is scheduled for Thursday, April 11, 2002 at 8:30 a.m. In the event the parties believe that they can reach an agreement on a permanent order, counsel for the parties may contact conciliator to cancel this custody conciliation conference. 4. Both parents shall enjoy reasonable telephone contact with the minor children ?k,hen they are in the custody of the other parent. A 5. This is a shared legal custody arrangement such that both parents shall keep the other parent informed of all matters relating to the children's health, education, and other pertinent parenting issues. BY THE COURT, cc : t'lary'uL= ?:?atas, ? gUir_ Carrie Bowmaster, Esquire (Y. d' V w? SWORN STATEMENT BY RESIDENT UNDER 13-1302 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) SS: Instruction: Please complete the following statement. If the potential student is living, or will be living, in a household with two resident adults who will assume responsibility for the student, both residents must complete and sign the statement. I . Your Name '? .?,, _ Name of Spouse (C c?? _?({ Home Address _\L? li1 ?? h ??? ?Ftt>tJt 11x' A,?-? home Telephone Number ; 2Ln -? Work Number L)CA1 1laIs residency affidavit attached? Yes No Cx t 1 2. Child's FuilNarric -4'??? Birth Dated ?I 1 Grade Co Name and Address of Last^ School Attended ? 0\u A.) ?'\ t'UC'C'.?? 4?0? ?\Y1A SP?? r?:r ?=? 1?1C?o 1 -..- Date child began/will begin to reside in your ho e? 3. Do you intend to keep and support the child continuously and not merely through the school term? Yes }6 No 4. Will anyone contribute to the child's support? Yes No If yes, explain. 5. Is there currently a support order for the child that has been entered by a court or other party? Yes No _ __ If yes, to whom are the payments made? 6 Who will claim this child as a dependent for state/federal income tax purposes? T Will you assume all personal obligations related to school requirements for this child that may include providing for required immunizations, uniforms, fees/fines, citations/fines for truancy, attending parent-teacher conferences, attending meetingsrhearings concerning discipline, and fulfilling any special education requirements? Yes 'v> No S. Will you assurne the responsibility and obligation for making all educational decisions? Yes _1'_- No I grant the school district permission to investigate the information I have presented in this statement by discussing the Presented with all appropriate parties, as necessary, to confirm the factual accuracy. NOTICE OF PENALTY FOR PROVIDING FALSE INFLORMATION: A PERSON WHO KNOWINGLY PROVIDES FALSE INFORMATION IN THIS SWORN STATEMENT FOR THE PURPOSE OF ENROLLING A CHILD IN A SCHOOL DISTRICT' FOR WHICH THE CHILD IS NOT ELIGIBLE COMMITS A SUMMARY OFFENSE AND, UPON CONVICTION FOR SUCH VIOLATION, SHALL BE SENTENCED TO PAY A FINE OF NO MORE THAN THREE HUNDRED DOLLARS ($300) FOR THE BENEFIT OF THE SCHOOL, DISTRICT IN WHICH THE PERSON RESIDES OR TO PERFORM UP TO TWO 14UNDRF,D FORTS' (240) HOURS OF COMMUNITY SERVICE, OR BOTH. IN ADDITION, THE PERSON SHALL PAY ALL COURT COSTS AND SHALL BE LIABLE TO THE SCHOOL DISTRICT FOR AN AMOUNT EQUAL TO THE COST OF TUITION CALCULATED IN ACCORDANCE WITH 'SECTION 2561 OF THE. PUBLIC SCHOOL, CODE DURING THE PERIOD OF ENROLLMENT. Signed by resident(s) and notarized NOTARIAL SEA" TARA E MAiNHART Notary Public WEST PENNSBORO TWP, CUMBERLAND CNTY My Commission Expires Feb 2, 2015 Sworn to and subscribed before me this iay of?_, Notary Public ?Xl? AFFIDAVIT OF SUPPORT (STUDENT NOT LIVING WITH PARENT) TO Secretary, Big Spring School District Board of School Directors- d5 Mt. [lock Road, Newville, PA 17241 COMMONWEAL 171-1 OF PENNSYLVANIA) SS COLN'l Y OF --UMERALND) (Name of Father) ? '' Y+1 _ and --- (Name of Mother) being duly sworn according to law depose and say: '!:131 I/we the biological parent(s) of (full name of student: first, middle. last) Who was born on __ 19q ? 4 am giving all educational rights to said child to _ _ -- J___?-?C..?..__.- (fir `•? ?? __?___??_? ______ Name of Guardian (s) I/we give the said guardian(s) all personal obligations related to school for this child to include responsibility for immunizations, attendance, uniforms. fees/Fines, citations/lines for truancy, attending parent-teacher conferences, attending meetings/hearings concerning disciplines, and fulfilling any special education requirements. I/we give the said Euardian(s) all responsibility and obligations for making all educational decisions (Father's Signature) other's Signature Sworn to (or affirned) and subscribed before me this _ day ofi l _ `r COMMONWEALTH OF PENNSYLVANIA C Notaty Pubii N07ARtALSEAL c(j J. MANGES, Notary Public 60x0 01 Carlisle, Cumbetland County My Commission Expires June 21, 2014 MUST BE SIGNET) IN THE PRESENCE OF A ;NOTARY PUBLIC (Guardian's Signature) (Guardian's Signature) SsvorTt to (or affirmed) and subscribed before me this ` ._ day of___ - a.- . NOTARIAL SEAL TARA E MAINNART Notary Public 'EST PENNSBORO TWP, CUMBERLAND CNTY My Commission Expires Feb 2, 2015 r-Y Notary Public UL FiLEO-O FICE 0F THE PROTHONt1TAF." Sheri D. Coover, Esquire ?- Scaringi & Scaringi, P.C. 2012 FEB I7 AM 11: 11 Attorney ID 93285 ?h. 73C? 44 S. Hanover Street CUMBERLAND COUNTY ? Carlisle, PA 17013 PENNSYLVANIA V'-?' 2-7// 11 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) sheri scaringilaw.com BRANDI OTT, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 01-7186 RICKIE OTT, JR., Defendant IN CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 1915.13 AND NOW, comes Defendant Rickie Ott, Jr, by and through his counsel, Scaringi & Scaringi, P.C. and files the following DEFENDANT'S PETITION FOR SPECIAL RELIF PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 1915.13 and in support thereof avers as follows: 1. On or around February 12, 2002 this Honorable Court issued an Order which granted the parties shared legal custody of the minor child Rickie M. Ott, III. (A true and correct copy of the February 12, 2012 Order is hereby attached as Exhibit A). 2. That same Order also granted periods of physical custody of the child on alternating weekends from Saturday at 4:00 p.m. through Wednesday morning at the beginning of school and Wednesday evenings from 6:00 p.m. through 9:00 p.m. 3. In or around March of 2011, Plaintiff Brandi Ott (hereinafter referred to as "Mother") called Defendant Rickie Ott, Jr. (hereinafter referred to as "Father") and advised him that she wanted the minor child Rickie Ott, III to come live with him because the child was unruly and would not listen to the house rules. 4. At the time of that telephone call, Father advised Mother he had concerns about the child changing school districts in the middle of the year and thought that the move should wait until the time that the child was off on summer vacation. 5. Within the next few days, Father received a telephone call from Mother in which Mother advised him that she had already withdrawn the child from the Boiling Spring School that he attended and that Father should come to her home after she got off of work to pick the child and his clothing up so that the child could move with Father. 6. Father went to pick up the child at Mother's home as she requested and has lived with Father since that time. 7. At the time that the child went to live with Father, the child was transferred to the Big Spring School District and enrolled in the sixth grade at the Big Spring Middle School. Father filled out a Sworn Statement by Residenent regarding the child which is hereby attached as Exhibit B. 8. The child did well in Father's home and got along with Father, his step-mother, step-brother (age 13) and step-sister (age 16), who also reside in the home. 9. During the following year that the child lived at Father's residence, the child became bonded with Father and the rest of the family and thrived in Father's care. 10. During the time that the child lived with Father, he did numerous activities with Father and participated in football through the Youth Football league and baseball with the Newville Little League. 11. At the time that the child went to live with Father, the child's grades were very poor at the Boilling Springs Schoo, but Father worked with the child and his grades dramatically improved by the end of the school year. 12. The child did well in the Big Spring School until recently, at which time grades decreased dramatically. 13. On or around February 10, 2012, without discussing the issue with Father, Mother went to the Big Spring School District and informed the school that she was there to sign Rickie Ott, III out of school and that she was transferring him to the Boiling Springs School District. 14. Since the previous custody Order granted Mother primary physical custody, the school complied with Mother's wishes without contacting Father prior to completing the transfer. 15. After Mother completed the paperwork to transfer Rickie Ott, III from the Big Spring School District to the Boiling Spring School District, she contacted Father and informed him that she had already transferred Rickie Ott III's school without obtaining Father's permission or concurrence and that she was taking the child back to live with her. 16. Father stated that he objected to Mother changing the child's school and residence without speaking to him, but Mother did not comply with Father's wishes to leave the child in his care. 17. Since February 12, 2012, Father not had any visitation with the child and has only had the opportunity to speak to him by telephone and through text messages on the child's cell phone. 18. After taking the child to live with her, the child called step-mother to ask for some items that belonged to him. The child gave the phone to his Mother who advised Step-Mother that the child did not want to speak to her. 19. Father believes that it is in the child's best interest for him to return to his home with Father where he was doing well and for Father to be granted primary physical custody of the minor child Rickie Ott, III and for mother to be granted periods of partial custody. 20. Father believes that it is in the child's best interest for him to be reenrolled in his school in the Big Spring School District, since it will be detrimental for the child to have to change schools, classes, teachers and friends in the middle of the school year and will cause him to 21. Father is filing a Motion to Modify Custody/Motion for Contempt at the same time as the filing of this Petition for Special Relief. 22. Father believes that it would not be in the child's best interest to wait until the time of the conciliation (approximately four to six weeks in the future) to be able to address the issue of unilaterally changing the child's school and family. 23. Undersigned counsel contacted counsel of record for Ms. Ott, Carrie Bowmaster. Attorney Bowmaster advised that she no longer represents Ms. Ott and that Ms. Ott should be contacted directly about this matter. WHEREFORE, Defendant/Petitioner Rickie M. Ott, Jr. respectfully requests that this Court immediately Order that the minor child, Rickie M. Ott, III be returned to his custody until further proceedings be held in this case. Respoctfylly submitted, Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) sheri(a--)scaringilaw.com BRANDI OTT, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 01-7186 RICKIE OTT, JR., Defendant IN CUSTODY VERIFICATION I, Rickie Ott, Jr., hereby certify that I have reviewed the foregoing DEFENDANT'S PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 1915.13 and hereby certify that the facts contained therein are true and correct to the best of my knowledge and belief. I understand that I can be subjected to the penalties of perjury both civilly and criminally under federal and Pennsylvania law for any false statements contained therein. Rickie Ott, Jr. Date Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) sheria-scaringilaw.com BRANDI OTT, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICKIE OTT, JR., CASE NO. 01-7186 Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this day of l -, 2012, 1 caused a copy of the foregoing DEFENDANT'S PETITION FO SPECIAL RELIEF to be served upon Plaintiff via United States first class mail addressed as follows: Brandi Yohe 20 A. W. Springville Road Boiling Springs, PA ly submitted, Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 FEB 6 202 uO BRANDI OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V : CIVIL ACTION - LAW RICKIE OTT. JR., NO. 01 - 7186 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this ?? !?- day of February, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Brandi Ott, and the Father, Rickie Ott, Jr., shall enjoy shared legal custody of Astian N. Ott, born October 23, 1991; Ayla R. Ott, born May 30, 1995; and Rickie M. Ott, III, born February 1, 1999. Physical custody of the minor children shall be handled as follows: A. Father shall enjoy physical custody on alternating weekends from Saturday at 4:00 p.m. through Wednesday morning when the Father shall deliver the children to daycare of school. Father shall also enjoy temporary custody on the Wednesday evenings of his off week from 6:00 p.m. until 9:00 p.m. Father shall also enjoy temporary custody at such other times as agreed upon by the parties. B. Mother shall enjoy physical custody of the minor children at times the children are not with the Father under the schedule set forth above. :i. This order is a temporary order issued pursuant to an agreement reached by the parties. A second custody conciliation conference is scheduled for Thursday, April 11, 2002 at 8:30 a.m. In the event the parties believe that they can reach an agreement on a permanent order, counsel for the parties may contact conciliator to cancel this custody conciliation conference. 4. Both parents shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. E F?c ? A 5. This is a shared legal custody arrangement such that both parents shall keep the other parent informed of all matters relating to the children's health, education, and other pertinent parenting issues. BY THE COURT, ?Lj- 47 cc Mary'ou Matas, Esquire Carrie Bowrnaster, Esquire ,. c. `h?`77 SWORN STATEMENT BY RESIDENT UNDER 13-1302 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) SS: Instruction: Please complete the following statement. If the potential student is living, or will be living, in a household with two resident adults who will assume responsibility for the student, both residents must complete and sign the statement. 1. Your Name ir?l Name of Spouse Home Address \'-? f`1 ?? ?? , S? 1St uLJt 1lQ ?? l'7,? L` Louie Telephone Number Work Numbers g1-;;?? Is residency affidavit attached? Yes No Celt 2. Child's Full Name 'i?C'k?P -III Birth Date t g?I Grade ?j Name and Address of Last School Attended Apt\c:e,. -gecr¢o t ??ca(1? Srf??c r?1 Date child began/will begin to reside in your 3, Do you intend to keep and support the child continuously and not merely through the school term? Yes )f No 4. Will anyone contribute to the child's support? Yes No If yes, explain. _ 5. Is there currently a support order for the child that has been entered by a court or other party? Yes No __ If yes, to whom are the payments made? 6. Who will claim this child as a dependent for state/federal income tax purposes?' t"\, C nCAL r , T Will you assume all personal obligations related to school requirements for this child that may include providing for required immunizations, uniforms, fees/fines, citations/fines for truancy, attending parent-teacher conferences, attending meetings/hearings concerning discipline, and fulfilling any special education requirements? Yes u' No 8. Will you assume the responsibility and obligation for making all educational decisions? Yes_ No I grant the school district permission to investigate the information I have presented in this statement by discussing the Presented infom, , ion Stith 411 appropriate parties, as necessary, to confirm the factual accuracy. Presented NOTICE OF PENALTY FOR PROVIDING FALSE INFLORMATION: A PERSON WHO KNOWINGLY PROVIDES FALSE INFORMATION IN THIS SWORN STATEMENT FOR THE PURPOSE OF ENROLLING A CHILD IN A SCHOOL DISTRICT FOR WHICH THE CHILD IS NOT ELIGIBLE COMMITS A SUMMARY OFFENSE AND, UPON CONVICTION FOR SUCH VIOLATION, SHALL BE SENTENCED TO PAY A FINE OF NO MORE THAN THREE HUNDRED DOLLARS ($300) FOR THE BENEFIT OF THE SCHOOL DISTRICT IN WHICH THE PERSON RESIDES OR TO PERFORM UP TO TWO HUNDRED FORTY (240) HOURS OF COMMUNITY SERVICE, OR BOTH. IN ADDITION, THE PERSON SHALL PAY ALL COURT COSTS AND SHALL, BE LIABLE TO THE SCHOOL DISTRICT FOR AN AMOUNT EQUAL TO THE COST OF TUITION CALCULATED IN ACCORDANCE WITH.SECTION 2561 OF THE PUBLIC SCHOOL CODE DURING THE PERIOD OF ENROLLMENT. r Signed by resident(s) and notarized '?''? h- Sworn to and subscribed before me this lay of 1jaLZ6 NOTARIAL SEA! (/?-1 TARA E MAtNNAAT Notary Public Notary Public WEST PENNS8t1Rt) TWP, CUM9EALAND CNTY My Commission EXPires Feb 2, 2015 ?X l? AFFIDAVIT OF SUPPORT (STUDENT NOT LIVING WITH PARENT) TO: Secretary, Big Spring School District Board of School Directors - 45 Mt. Rock Road, Newville, PA 17241 COMMONWEALTH OF PENNSYLVANIA) :SS COUNTY OF CUNIERALND) I/We. (Name of Father) bcing duly sworn according to law depose and say: rCll?Ct? `t!?e and (Name of Mother) 1. 'that I/we the biological parent(s) of tom' Gkt? 6J- ' fi? - (full name of student: first, middle, last) who was barn on 19 CIC/ am giving all educational rights to said child to Name of Guardian (s) 2. 1/we give the said guardian(s) all personal obligations related to school for this child to include responsibility for immunizations, attendance, uniforms, fees/fines, citations/fines for truancy, attending parent-teacher conferences, attending meetings/hearings concerning disciplines, and fulfilling any special education requirements. i/we give the said guardian(s) all responsibility and obligations for making all educational decisions. ?0 (Father "s Signature) other's Signature Sworn to (or affinnedi and subscribed before me this- day of ?`y t CQ24?? 9T_?_A Cp?NWEALTHYLVANIA - Notary Public(j CAME NOTARIAL SEAL LA J. MANGES, N&ArY Public Sara of Caritste, Cumberland County My Commission Expires June 21, 2014 MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC 7 ! (Guardian's Signature) ?f (Guardians Signature) Sworn to (or af'tinrted) and subscribed before me this ? day of 1VC?__r'//.- NOTARIAL SEAL TARA E MAINHART Notary Public 'EST PENNSBORO 1'&,, CUMBERLAND G My Commission Expires Feb 2, 2015 _,..._ - .ter..... Notary Public ,, BRANDI OTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA-) V zM, m . 2001-7186 CIVIL ACTION LAW :Z,- n RICKIE OTT, JR. IN CUSTODY C-? ")? DFFENDANT > ._ > . ORDER OF COURT AND NOW, _Thursday, February 23, 2012 upon consideration of the attached Complain t, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 15, 2012 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard 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 hearinp,. FOR THE COURT, By: _ /s/ Hubert X. Gilroy, Es T. jd? 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 C,? tJ 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /4 BRANDI OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RCKIE OTT, JR., Defendant : NO. 01-7186 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 1915.13 ORDER OF COURT AND NOW, this 27 h day of February, 2012, upon consideration of Defendant's Petition for Special Relief Pursuant to Pennsylvania Rule of Civil Procedure Rule 1915.13, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THE COURT, Christylee L. Peck, J. -<> ?sI =n', zcL ?Brandi Yohe ?' 20 A.W. Springville Road Boiling Springs, PA 17007 Plaintiff, pro Se Sheri D. Coover, Esq. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant Court Administrator :rc (Io +c'S 'c . P BRANDI OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW RICKIE OTT, JR., NO. 2001-7186 Defendant IN CUSTODY COURT ORDER AND NOW, this day of April, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in the above matter in Courtroom No. ?- of the Cumberland County Courthouse on the //.z';L day of 2012, at m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before this Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY custody Order is entered: A. The mother, Brandi Ott, and the father, Rickie Ott, Jr., shall enjoy shared legal custody of Rickie M. Ott, III, born February 1, 1999. B. The Mother shall enjoy primary physical custody of the minor child. C. The Father shall enjoy periods of partial physical custody of the minor child on alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m. For the Easter holiday, Father may.keep the child through Easter Sunday and return the child to Mother's home at 6:00 p.m. on Monday. D. Transportation for exchange of custody shall be shared between the parties. If the parties cannot agree, the non-custodial parent will pick up the child at the other parent's home. BY THE COURT: Judge cc: -/ Stacy B. Wolf, Esquire ?Sheri D. Coover, Esquire 5 . pai I-ed Pv> 4140101,0 C. m - Ct1 ? 0 f N 7D BRANDI OTT, Plaintiff VS. RICKIE OTT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-7186 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Rickie M. Ott,III, born February 1, 1999 2. A Conciliation Conference was held on April 3, 2012, with the following individuals in attendance: the mother, Brandi Ott, with her counsel, Stacy B. Wolf, Esquire, and the father, Rickie Ott, Jr., with his counsel, Sheri D. Coover, Esquire 3. The parties have an Order from February 2002 which addressed custody at that point. At that time, the child was very young, and recently the child has been in school and the parties are not technically following the prior Order. Mother enjoyed primary physical custody to March 2011 at which time the child went to live with the Father and was enrolled in the Big Spring School District. This past February, the child went back with the Mother (allegedly not with the agreement of the Father) and Mother now has the child in her custody with the child going to Boiling Spring School District. Father does not want the child again moved out of the School District, but Father wants primary custody of the minor child. Mother will not agree and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: April 0 '2012 Hubert X. Custody C BRANDI OTT, Plaintiff vs. RICKIE OTT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-7186 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than '/2 day. Date: April ? '2012 (7? K)a- - Hubert X. Gilroy, Esqu' e Custody Conciliator F:\FILES\Clients\12321 Custody Conciliations\2012\12321.I.0tt v Ott Memo to Court Admin.wpd BRANDI OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICKIE OTT, JR., Defendant 2001-7186 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 11th day of June, 2012, after a hearing and after having heard from the child at issue, the evidence is hereby deemed closed and this matter is taken under advisement. By the Court, Christyl e L. Peck, J. VStacy B. Wolf, Esquire 10 East High Street Carlisle, PA 17013 c_ For the Plaintiff , a; Sheri D. Coover, Esquire 44 S Hanover Street v Carlisle PA 17013 y` For the Defendant pcb Ce , p . a BRANDI OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICKIE OTT, JR., Defendant NO. 01-7186 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR CONTEMPT ORDER OF COURT AND NOW, this 26 h day of June, 2012, upon consideration of Defendant's Motion for Contempt, and following a custody hearing on June 11, 2012, of the Motion for Contempt is denied. BY THE COURT, Christylee . Peck, J. c f-- Stacy B. Wolf, Esq. z CM -Orn CD19 Wolf & Wolf -= ? - 10 W. High Street v cs z_o ? c Carlisle, PA 17013 ? Attorney for Plaintiff c cn cn VSheri D. Coover, Esq. Scaringi & Scaringi, P.C. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant ep p, e5 yKa. rI d L/?G??1 a & BRANDI OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICKIE OTT, JR., Defendant NO.01-7186 CIVIL TERM IN RE: CUSTODY TRIAL ORDER OF COURT AND NOW, this 26th day of June, 2012, following a trial concerning the parties' legal and physical custodial responsibilities for their minor child, Rickie M. Ott, III, born February 1, 1999, it is hereby ORDERED AND DECREED that, in the child's best interests, the "Parenting Plan" shall be as follows: 1. LEGAL CUSTODY Plaintiff Brandi Ott, now known as Brandi Yohe ("Mother"), and Defendant Rickie Ott, Jr. ("Father"), shall have shared legal custody of Rickie M. Ott, III ("the Child"). 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 23 Pa.C.S. §5336, 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 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 medical/treatment planning meetings and evaluations with regard to the 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 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 nights, and the like. 2. PHYSICAL CUSTODY In General: a. Mother shall have primary physical custody of the Child. b. Father shall have the following periods of partial physical custody of the Child: i. On alternating weekends from Friday at 4:00 p.m., or following the school day, through Sunday at 6:00 p.m. of that same weekend. If there is no school on Friday, Mother will assure that the Child is transported to Father's residence by 4:00 p.m. Father will assure that the Child is transported to Mother's residence by 6:00 p.m. on Sunday evening. ii. On Wednesday evenings from 4:00 p.m., or following the school day, until 8:00 p.m. of that same evening. If there is no school on Wednesday, Mother will assure that the Child is transported to Father's residence by 2 4:00 p.m. Father will assure that the Child is transported to Mother's residence by 8:00 p.m. of that same evening. iii. At such other times as mutually agreed upon by the parties. Education: a. The Child shall remain a student in the Boiling Springs School District for the life of this Order. This provision can be modified only by order of court. Holidays: a. This holiday schedule will be controlling over the general custody schedule outlined above. b. The parties shall alternate the following holidays from 10:00 a.m. until 7:00 p.m.: Easter, Memorial Day, July 4 h, Labor Day, and Thanksgiving. The schedule alternating the holidays shall commence with Father having the Child on July 4 h. c. Father and Mother shall alternate the Christmas holiday with one parent having the Child on Christmas Eve from 12:00 noon until Christmas Day at 12:00 noon, and the other parent having the Child from 12:00 noon on Christmas Day until December 26th at 12:00 noon. Father shall commence the schedule having the Child on Christmas Eve in 2012, and in even numbered years thereafter. d. Father and Mother shall alternate the New Year's holiday with one parent having the Child on New Year's Eve from 12:00 noon until New Year's Day at 12:00 noon, and the other parent having the Child from 12:00 noon on New Year's Day until January 2nd at 12:00 noon. Mother shall commence the schedule having the Child on New Year's Eve in 2012, and in even numbered years thereafter. 3 e. Mother shall have the Child on Mother's Day from 10:00 a.m. until 7:00 p.m. f. Father shall have the Child on Father's Day from 10:00 a.m. until 7:00 p.m. g. Both Mother and Father shall have one week of vacation per year with the Child. The parties shall give each other 30 days of notice for any planned vacation. The parties shall provide each other with complete addresses and telephone numbers where they can be reached while on vacation with the Child if they vacation away from their residence. 3. GENERAL RULES OF CONDUCT a. Promoting Affection: Each parent shall promote the natural development of the Child's love and affection toward the other parent or the other parent's extended family, and shall make a conscience effort to do so. To the extent possible, the parents shall prevent third parties from alienating the Child's affections from the other parent as well as the other parent's extended family. b. Promoting Respect: It shall be the duty of each parent to hold out the other parent as one the Child should respect and love. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parent shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, or other familial name of respect. c. Emergencies: Health insurance coverage of the Child is shared by the parents. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, the party then having custody of the Child shall immediately 4 communicate with the other party by telephone or any means practical, informing the other party of the nature of the illness or emergency so that the other parent can become involved in the decision making process as soon as practical. d. Communication: Both parents shall enjoy reasonable telephone contact with the Child when the Child is in the custody of the other parent. At all times, the parents shall civilly and respectfully communicate about co-parenting, legal custody issues, and changes in schedules whether by telephone, via letters, faxes, texts, email, in person, or by whichever means is the most appropriate for the matter. The parents shall refrain from encouraging the Child to provide reports about the other party. Communication should always take place directly between parents, without using the Child or others as an intermediary. e. Transportation: Transportation shall be by the terms of this Order or shared as agreed by the parties. f. Notice: The parents shall give each other five hours of notice of any conflict that may prevent the transportation of the Child so that other arrangements may be made through mutual agreement. g. Extracurricular Activities: Both parents shall ensure the Child's access to extracurricular activities while the Child is in their custody. h. Alcohol and Drug Use: During any period of custody, the parties shall not possess or use illegal substances or consume or be under the influence of alcoholic beverages to the point of intoxication. Any prescribed medications shall be taken 5 only to assure therapeutic levels. The parents shall, to the extent possible, ensure that other household members and or guests comply with this provision. i. Modification: The parties may modify the terms of this Order, but in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms, meaning that both parties must consent in writing on what the terms of the custody arrangement or schedule shall be. In the absence of mutual consent, the terms of this Order shall control. The reason this Order is set out in such detail is so both parties have it to refer to and to govern their relationship with the Child and with each other in the event of a disagreement. j. Proposed Modifications: Both parents shall use their best efforts to engage in joint decision-making with respect to the Child. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall discuss their modification proposals, if necessary, to reach a decision in the best interests of the Child. This shall be done prior to contacting their respective attorneys. 4. RELOCATION a. Relocation is defined as a change in residence of the Child which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the Child consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the Child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. § 5337. 6 Specifically, the relocating party must notify every other individual who has custody rights to the Child by certified mail, return receipt requested. The notice must then comply with the following requirements: i. Notice must be sent no later than: (1) the 60th day before the date of the proposed relocation. (2) the 10th day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. ii. Unless otherwise excused by law, the following information must be included in the notice: (1) the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s) for the proposed relocation. 7 (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. (10) a counter-affidavit as provided under subsection (d)(1) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non-relocating party that, if the non-relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non-relocating party shall be foreclosed from objecting to the relocation. iii. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice. iv. If the non-relocating parent objects to the proposed move, he/she must do so by filing the counter-affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. 8 V. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 5. ENUMERATED OFFENSES Mother was charged with disorderly conduct eight years ago. Father was charged with theft eighteen years ago. This Court has taken into consideration this past conduct of both parents and has determined that the parents pose no threat of harm to the Child. See 23 Pa.C.S.A. § 5329. Neither party submitted certified copies of their criminal history records to this Court. The Court relied on their testimony. Both parents testified that they are unaware of any criminal history of anyone who lives in their respective households, including their respective significant others. 6. ASSESMENT This Court heard testimony from Mother, Father, the Child, and Dr. Holly C. Hoffman, M.D ("Dr. Hoffinan"). Dr. Hoffinan, of Carlisle Pediatric Associates, testified on Mother's behalf as an expert witness in the field of Pediatrics. Mother and Father are both thirty-eight years old. Mother and Father gave different dates as to when they were married: 1995 or 1997. Mother and Father separated in September of 2001 and the divorce was finalized in January of 2005. Pursuant to a February 12th, 2002 Court Order, the parents shared legal custody of the Child and divided physical custody with Father having physical custody on alternating weekends from Saturday at 4:00 pm through Wednesday morning and on Wednesday evenings on 9 his off weeks and Mother having physical custody at all other times. A more recent custody order of court, dated April 20, 2012, provided that Father enjoyed partial physical custody of the Child on alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m. and over the Easter holiday. Mother enjoyed primary physical custody of the minor Child at all other times. Since the 2002 Court Order, the parents operated by mutual consent outside of the order without incident until March of 2011. In March of 2011, Mother took the Child to see Dr. Hoffinan. Dr. Hoffman was made aware of the Child's academic problems including 18 detentions since November of 2010. The Child had a low attention span, was disruptive, and exhibited rebellious behavior. Dr. Hoffman recommended that he be medicated with the prescription Concerta for Attention Deficit Disorder ("ADD"). The Child reported that he wanted to live with Father in March of 2011. Pursuant to the Child's request, Mother signed the Child out of Boiling Springs School District in March of 2011 and the Child moved in with his Father. The Child was then enrolled at Big Springs School District. Father did not give the Child the medication for ADD recommended by Dr. Hoffmann. The Child attended Big Springs School District until February of 2012. As of January 23, 2012, the Child's second quarter grades showed that he was failing two classes. In February of 2012, based on the Child's declining grades, Mother decided to remove the Child from the Big Springs School District and Father's home. The Child was re-enrolled in the Boiling Springs School District. Mother also started the Child on 10 the Concerta medication recommended by Dr. Hoffman. This change has resulted in an improvement in the Child's grades. In arriving at the above "Parenting Plan," this Court considered the factors set forth in 23 Pa.C.S.A. § 5328, including: 1) Encouraging and Permitting Contact: Each parent encourages the Child to have contact with the other parent. Mother tells the Child he can see Father whenever he wants. Father says he tells the Child to talk to Mother. The Child has his own cellular phone and can make phone calls to the non-custodial parent at any time. 2) Present and Past Abuse: There are no allegations of abuse by either parent. 3) Parental Duties: Both parents are capable of caring for the Child. Both parents provide the Child with essential care and discipline the Child when needed. Both homes provide a good living arrangement for the Child. Mother looks after the Child's doctor's appointments better than Father. Father does, however, take the Child to the doctor when needed. 4) Stability and Continuity in the Child's Life: The Child has been under Mother's care since 2002 except for the period of March, 2011 through February, 2012 when he lived with Father. Prior to March, 2011, the Child displayed signs of having academic and social problems. In March of 2011, Mother initiated the change in the Child's living arrangement and school district. This change was not in the Child's best interest. This break in continuity in the Child's life was reflected in the poor grades he received at the Big Spring School District. The Child's grades improved after he moved back to live with Mother and began once again to attend the Boiling Springs School 11 District. Dr. Hoffman testified that Mother provided the Child with more consistency and supervision. S) Availability of Extended Family: Both Mother and Father have extended family that live in the area. 6) The Child's Sibling Relationships: Seth Alfery ("Seth"), age 13, and Paige Finkenbinder ("Paige"), age 17, are siblings that live in Father's household. Seth is 13 years old. Father described the Child's relationship with Seth as normal. He testified that Seth and the Child spend time together, go fishing, ride bikes, and skateboard together. The Child testified that he argues a lot with Seth. Paige only spends occasional time at Father's household. Ayla Ott, age 17, and Jordan Yohe ("Jordan"), age 12, are siblings that live in Mother's household. Jordan is there only on weekends. The Child has a normal relationship with his siblings that live in his Mother's house. 7) The Child's Preference: This Court met with the Child in Chambers. The Child appeared to be intelligent, relatively mature, and understood that he was in court for a custody determination. The Child testified that he prefers to live with Mother. The Child testified that he would like to visit Father on alternate weekends and also on an afternoon or two, for a couple of hours, during the week that he is not at Father's for the weekend. The Child also prefers to attend Boiling Springs School District. 8) Attempts to Turn the Child Against the Other Parent: There was no testimony indicating attempts by either parent to turn the Child against the other parent. 12 9) Maintaining a Relationship: Both parents love and care for the wellbeing of the Child. Dr. Hoffman testified that Mother provided the Child with more consistency and supervision. During the period of March, 2011 through February, 2012, when the Child lived with Father, Mother did not spend much time with the Child. Mother is now involved again in the Child's life because the Child is once again living primarily with Mother. Overall, Mother provides a more supervised environment for the Child. 10) Attending to the Needs: Mother is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the Child. For example, Mother took a pro-active role in seeking the advice of Dr. Hoffinann and in treating the Child with the ADD medication Dr. Hoffinan recommended. Mother has also taken a pro-active role with regard to the Child's academics and there has been an increase in the Child's grades under Mother's renewed supervision. When the Child lived with Father the two discussed his declining grades often. Father believed the Child was being lazy. The Child was not making any academic progress living with Father. Father has a limited to no ability to transport the Child. Father's driver's license has been suspended for over 15 years. Father was not able to give this Court an approximate date when he would be able to obtain his driver's license. He must rely on others to transport the Child to and from Mother's house and to any extracurricular activities. 11) Proximity of Residences: Mother lives in Boiling Springs, Pennsylvania. Father lives in Newville, Pennsylvania. The parental residences are approximately fifteen miles apart or about a twenty minute drive. 13 12) Availability to Care: Mother works as a certified nursing assistant from 7:00 a.m. until 3:00 p.m., Monday through Friday and every other weekend. Father has been employed by United Parcel Service, Inc. as a dock worker for eighteen years. He works from 6:00 a.m. until 2:30 p.m., Monday through Friday. Additionally, Father works approximately twenty hours per week, including weekends, at his family's pizza shop, the Pizza House. When no one is available in Father's household to take care of the Child, Father lets the Child take care of himself at home as Father's brother-in-law lives down the street. 13) Level of Conflict: There does not appear to be a high level of conflict between the parents based on their ability to cooperate outside the original custody order. However, the communication between the parents regarding the Child's academic and medical challenges is lacking. There has been a lack of willingness to share information about the Child's performance in school exhibited by both parents. There was also disagreement between the parents regarding whether to follow Dr. Hoffmann's recommendation of medical treatment for the Child's ADD. Father did not pursue treating the Child with medication following Dr. Hoffman's diagnosis. Better communication between the parents would facility more consistency in the Child's life. 14) History of Drug and Alcohol Use: No testimony was presented to indicate any history of illegal drug use or alcohol abuse. 15) Mental and Physical Condition: Mother and Father appear to have good mental and physical health and testified to the same. 14 A copy of this Final Order of Custody shall be sent to both attorneys, who shall provide a copy to their client. BY THE COURT, Christylee . Peck, J. Stacy B. Wolf, Esq. Wolf & Wolf 10 W. High Street Carlisle, PA 17013 Attorney for Plaintiff Sheri D. Coover, Esq. Scaringi & Scaringi, P.C. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant 15