HomeMy WebLinkAbout99-01457
~
"-
\.
,
\
\
,
)
(
\:
J~.
.
-
-~
.....~.
~
~.
........
Eugene D. Trutt, Jr.,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
V,
No: 99.1957 Civil Term
Marcia I. Fair,
Defendant/Respondent
CIVIL ACTION. LAW
IN CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF
PURSUANT TO PA.R.C.P. 1915.13
NOW COMES Petitioner, Eugene O. Trull. Jr" by and through his allorney,
James A. Miller, Esquire, and respectfully petitions your Honorable Court for special
relief and award Petitioner primary physical custody of the minor children, Candice M,
Trull, O.O.B. 9/18/91, Rachel H. Trull, O.O,B, 2/16/95, and Gina L. Trull, 0,0,8,
5/18/96, and for reasons therefor states:
1. Petitioner is Eugene D. Trutt, Jr, (hereinafter "Father"), who presently
resides at 305 Norman Road, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Respondent is Marcia I. Fair (hereinafter "Mother"), whose last known
address was 5169 East Trindle Road. Lot 1, Mechanicsburg, Cumberland County.
Pennsylvania, 17055.
3. The parties are the parents of Candice M, Trull, 0.0.8. 9/18/91, Rachel
H, Trull, O,O.B. 2/16/95 and Gina L. Trull, 0.0,8. 5/18/96,
4. On March 18, 1999, an Order of Court was entered whereby your
Honorable Court denied the parties request to enter an order reflecting the proposed
stipulated terms; said Order and proposed stipulation are allached hereto as exhibit A
and incorporated herein as if fully set forth.
5. Since the parties separated in February, 1999, Mother has had primary
physical custody while dictating Father's periods of partial custody.
6, Since February, 1999, Mother has resided with Mike Smith and the three
children as well as a baby girl, namely Susan Trull, O.O,B, 5/21/98.
7. From February, 1999, through September 1, 1999, Father resided with his
parents at 817 16th Street, New Cumberland, Cumberland County, PA.
8. It is believed and therefore averred that on or about Wednesday,
September 8, 1999, Children and Youth began investigating the living conditions and
activities of the children based upon reports of abuse being commited by both the
Mother and Mike Smith. It is further believed and therefore averred that such abuse
consists of including, but not limited to;
a. the oldest child, Candice, being locked in her bedroom at Mother's
trailer in excess of two (2) weeks;
b. the oldest child, Candice, having declared to her babysiller (only
known as Brenda) that she no longer wanted to live and wanted to hurt
herself;
c. the oldest child, Candice, having been repeatedly grabbed by the
collar of her blouse and thrown against the trailer wall; and,
d, the third daughter, Gina, being grabbed by Mike Smith by the ears
and thrown against the trailer wall.
9, It is believed and therefore averred that when Children and Youth tried to
contact Mother, Mother hid and avoided the interview.
10. All three (3) girls were with Father from Friday, September 10, 1999,
through Sunday, September 12, 1999,
11, When Father returned the girls to Mother on Sunday evening, Mike Smith
called the police; when Father spoke with the police officer, Mike Sweeney of Hampden
Township, Father was told that the children would be better off with Father than Mother
based upon it is believed the officer's view of the situation and premises,
12, On Monday, September 13, 1999, Father went to Candice's school,
Sporting Hill Elementary, and took her out of school because the school was concerned
about Candice's welfare as was Father based upon his learning of the recent events,
13, On Monday evening, September 13, 1999, Mother contacted Father's
parents and told them to pick up the other 2 girls and that Mother told the paternal
grandmother that Father could have the 3 girls because Mother wasn't going to fight
anymore,
14, Commencing the week of September 13,1999, Candice will begin school
at Highland Elementary in Father's school district. The other girls are not in school and
will babysat by their paternal grandmother,
15. Since there has never been a court order entered regarding custody of
the children, the custody status has never been fully established.
16, It is believed and therefore averred that if the children are returned to
Mother, they will greally suffer with unpredictable mental, emotional and physical
..._..._1-;:
I
I
I
,
I
,
f
i
i
J
I
consequences.
17. Father has never kept the children away from Mother and would not do so
but for the belief that the abuse investigation has extreme merit.
18. In order to protect their emotional and mental health and well-being, the
children must remain with Father pending any resolution reached by way of further
court order.
19. Your Honorable Court must not allow the potential destruction of the
young lives of these children by allowing Mother to have contact with them pending
further order of court,
20. Your Honorable Court has the authority to protect the health and welfare
of the children by granting the relief requested.
-
,-.
E: . ~ IfU rr .:"r" Plaintiff: IN THE COURT OF COMMON PLEAS
u9~~... v, : CUMBERLAND COUNTY,PENNSYLVANIA
: NO, 'f't. /'1 :i"l CIVIL TERM
M a. r c." 1, \,=;-,; r , Defendan't: CUSTODY
Custody Stipulation and Agreement
r,
,-
.,
1.:1
v;
.~:: .
-.
Made by and between,
hereinafter "Mother", and
hereinafter "Father,"
WHEREAS the parents have a child/children. namely:
..
,
.J
".
NAME
CClf\dice M, TrUll
Ro.c.he.\ It. IrutT-
G\C\c. L. \rutt
_E~~f_\frr,lll'" (7,.b/
-<
:''1
DATE OF BIRTH
CI!I'6/Cj\
'.)./,LD/'I-;)'
6-/'&)0,1,.,
s /;: I{ ~'!
hereinafter "child/children"; and
WHEREAS,the parents wish to enter into an agreement relative to custody joint custody of
the child/children; and
NOW THEREFORE the parents agree as follows:
I. MotherlFather shall have shared legal custody of the child/children, meaning that they shall
share the legal right to make major decisions affecting the best interest of the child/children and
all of the major matters related 10 the chlld/children,including, but not limited
tO,medical,religious,and educational decisions, but must have consent of the other parent.
2. MotherlFather shall have joint physical custody of the child/children, meaning that this
person shall have actual physical possession and control of the child/children for a majority of
the time,
3. The other parent shall have partial physical custodylvisitationjoint physical custody"means
the person shall have the right to take possession of the child/children away from the other
parent for a certain period oftime;"Vistation" means the person shall have the right to visit the
child/children, but does not have the right to remove the child/children from the custodial
parents control") as follows:
.
.
f
!
!
,.',
'.'
. ,
:.;
..,:
-
.",
,
Split
7:00pm.
every week from Friday at 7:00pm through the followin8I'rld~y., .,
Summer Vacations
Both parents will have the right to two weeks of uninterrupted vacation, There will be a two
week notice of the vacation,
Hol idays, Bi rthdays,Etc.
Each parent will have half a day with children.Mothers day/FllIhers day, the parents \\ill ha\'c
children from 9:00am to 9:00pm, Wc Will alternate all holidays on timcs getting and giving
back. Christmas and Thanksgiving, will be alternated of all day with one parent one year and all
day with the other parent the folloYoing year on alternating days. The parent who has them on
their birthdays will deliver to other parent by I :30pm. Will also have back by 9:30pm.The
birthdays of relatives, the children will be allowed 5 hours to be \\;th relative.
Agreement between Parents
The third Sunday of every month will be a family night out Yo;thout others
(GirlfriendIBoyfriend). Neither parties girlfriend/boyfriend will physically discipline the children
in any way, Neither parent will consume alcoholic beverages to the point of intoxication or
consume any unprescribed controlled substances(drugs) while the children are in their care. Each
parent agrees to provide the other parent with an address and phone number through which the
parent will be contacted during periods of custody. Each parent will infonn the other of any
medical emergencies that may occur during their time of custody. This contmct will be void if
. ... ,either parents breaks the standards set here,The parent that breaks any of the above commitments
1 ;\'.',1~'~1 poRmtaI rights indefinitely.
~'~"'i"';"';:';'. ,_:';""''.I.:~-''I:.,,,',,'-:' " , .,-;,', '
~iir",.:/". :~~,:,.: ,."~.~~:~~~:~t~::\{~,',::X~;n;.~~(::;~,,.;;,;-~:"".:.;:;':'" .~. . .". .
~l!T:r'." , -~,: ,:.:~,~:~~s;~tJf,;~!'~'d'f~~:~i~'0p.i'~~f,_:;,:~~J~~~'::;' . . ;"l'::>'~:~__~~':-~. : ':, ;. W~,.):>',
f:" Thi~'~~~ddeSire that'\his:8gieement be made U\ ordef cir court or~C()~ or
common pleas or Cumberland County,Pennsylwnia .
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the teons hereof,
request this court to enter an order to reflect the teons above,
..'. ".'t
"'. ,,.~, t
..':':':'1\ '
~ ,,\
Date: ~/\9Iqq Mother: 'T'(~..) J, :::t~
Date: 3/;)..( 99 Father: c::.pur'<- .ft. ~I-'
~tp o(-~iA~g~~YPUBlIC~--t.Ov.;~~ I~~~t M.~/I<1q1
CARLISLE BORO, CUMBERLAND COUNTY --r-: \r\ , 01 L
MY COMMISSION EXPIRES NOVEMBER 15, 1999 / ~ 0 I T\l
.~
....
"
~
~
.1
q
F="
@
,-
:~; "',
>
l'" ..
t:;
1--'
"
C.,'
,
, .
i:
t.
~:
(
(;-
;)
l..'.'."
EUGENE D. TRU'l'Tr JR. I
I
I
V. I
I
MARCIA I. FAIR I
I
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-l457 CIVIL TERM
CIVIL ACTION - LAW
AND NOW, this
ORDER OF COURT
I~ day of MARCH, 1999,
the Court being in
receipt of the attached letter, it appears that the parties have
not reached a otipulation as to the custody arrangement.
Therefore, the request for entry of a stipulated Order io DENIED.
BY~
Edward E. Guido, J.
Eugene D. Trutt, Jr.
5169 E. Trindle Rd. Lot 36
Mechanicsburg, Pa. 17055
Marcia I. Fair
5169 E. Trindle Rd. Lot 1
Mechanicsburg, Pa. 17055
:sld
I f"":..,("'
1,,\, q I --;-
I.... '" -, .
IV~c"'''',' (
I
r
I
I
I
I
I
I
I
,
I
~~
,')1\(': '
\ .-\..2. \".(J ~'.. ~,
\, ,;. ,. '? ,-,- '\";((;'oJ ~
.~ -' .'
- --:..~-
I ) \ , I
r ': .
} .. ,
~ , .. )
,-' ~ . .- u
I ( .. ~
-
i~ ... \"..
r.__ .. ' , . ,
~ .
/",11/."111",,,,11,,11,,,1/,.,1/,,,/,/,,/.11,,/,1
-
flnrl:Uuk.l!f
--
1
~
" (\ .',.,,!1 ,.c. Plaintiff: IN THE COlJRT OF COMMON PLEAS
I. ''',9(. q. \J l.... .. .
" .., \. ~. v,../, ,.e"..lt.1(.:CUMBERLANDCOUNTY,PENNSYLVANIA
,'~, E. ,';".", - NO flU / '7C V
('n. re.l.l"J . ,y" I 7' ,'. : ,IT'- '(" I IL TERM
M" \ C, c. 1, \-;\. r . Defcndan't: CUSTODY
,11~ 1 ~,'1'R. \ ,.,<1./.. Rc<. t.~.." I
/l1,,","-bi' e. 1"'0.0;."
Custody Stipulation and Agrcemcnt
Made by and between.
hereinafter "Mother", and
hereinafter "Father."
WHEREAS the parents have a child/children. namely:
NAME
CC\(\oice M. Tf'ulT
~"c.I-.e.\ It, Iru\-r-
G,C\" L. \ru\t
SlJ.,Q" \-\, If uir
DATE OF BIRTH
CI/IO/G\
l).11~ /q-S-
6-/1 ~ )%
1) If) 1/ q'i'
hereinafter "child/children"; and
WHEREAS, the parents wish to enter into an agreement relative to custody joint custody of
the child/children; and
NOW THEREFORE the parents agree as follows:
I. MotherlFather shall have shared legal custody of the child/children, meaning that they shall
share the legal right to make major decisions affecting the best interest of the child/children and
all of the major matters related to the child/children.including, but not limited
to,medical,religious,and educational decisions, but must have consent of the other parent.
2. MotherlFather shall have joint physical custody of the child/children, meaning that this
person shall have actual physical possession and control of the child/children for a majority of
the time.
3. The other parent shall have partial physical custodylvisitationjoint physical custody"means
the person shall have the right to take possession of the child/children away from the other
parent for a certain period oftime;"Vistation" means the person shall have the right to visit the
child/children, but does not have the right to remove the child/children from the custodial
parents control" ) as follows;
Split
7:00pm.
cvery wcck from Friday at 7:00pm through thc followinll Friday at
Summcr Vocations
Both parcnts will hove the right to two wccks ofunintcrruptcd vocotion,Thcrc will be 0 two
week notice of the vocation.
.10Iidays,Birthdays,Etc.
Each parcnt will havc half a day with childrcn,Mothcrs day/Fathcrs day,thc parcnts will hovc
children from 9:Cf:;;m to 9:00pm. We Will alternate all holidays on times gelting and giving
back. Christma~ and Thanksgiving, will be alternated of all day with one parent one year and all
day with the other parent the following yeaT on alternating days, The parent who has them on
their birthdays will deliver to other parent by 1:30pm. Will also have back by 9:30pm.The
birthdays of relatives, the children will be allowed 5 hours to be with relative,
Agreemcnt bctwccn Parents
The third Sunday of every month will be a family night out without others
(GirlfriendIBoyfriend). Neither parties !,'irlfriendlboyfriend will physically discipline the children
in any way. Neither parent will consume alcoholic beverages to the point of intoxication or
consume any unprescribed controlled substances(drugs) while the children are in their care, Each
parent agrees to provide the other parent with an address and phone number through which the
parent will be contacted during periods of custody. Each parent will inform the other of any
medical emergencies that may occur during their time of custody,This contract will be void if
either parents breaks the standards set here,The parent that breaks any of the above commitments
loses all parental rights indefinitely.
The parents agree and desire that this agreement be made an order of court of the court of
common pleas of Cumberland County,Pennsylvania
TN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof,
request this court to enter an order to reflect the terms above.
Date: 3!II)./Qq
Date: '3/1)../99
Mother: T1~ J, A- a~
Father: C~ tf). c:;;;d-c)--
~ 4; T-~ ~ ~ ~ J,;).."tt-, d.AA.. J1-
~ /qCj. NOTARIAL SEAL ~-,-- YJ1f-V--O (f
SONORA T. NEFF. NOTARY PUBLIC . . I '
CARLISLE BCRO. CUMBERLAND COUNTY
MY COMMISSION EXPIRES NOVEMBER IS, 1999
(~ :::.r;v
99 rr."; I:: ,:, j n::n
cu,'.,.:! ,. _ '.' J:.JiY
j.E;~: ,:;.;'L',': '-:'t,
.
, .'
..;..; Z
[llZ 01;
~I Z r.. 8 0:
0, W ~ Z ..;
O. H ..; t.1
Z e-, 0 0,
o ' -7- Z 0,
~ ~" 'H W ,.; J~d
H 0:"; r..
oz '-'o-:l w 0:
u:> 0. 0 W
0 :3: - e-. ) ~"'S
~r.) ..; ~: - z '" l~~
0 o-:l 0: r~
Cl :> H
e-,7. Z 0: ..; (l ~ ~~l
1>:";'--'0 8 r.. E.'
::J.....lloH ~
01>;"'8 ~' "I
tlu]....-I(J 0 H 0.
<, rll I ,.; F H
01 ::: 0'\ { W .,; U
~=-)O'\...:I:: Z H W
E-ICI ....(.. W U "';
.:> t." 0: I>;
Zr..OH :> ~ 0.
H('lZU~ "1
0.:.- '. .~
'- ' .
EUGENE D. TIUll'l', JR.,
Plaintiff
IN THE CXXlRT OF CXJtolI.lOO PLEAS OF
: CUMBERLAND COON'rY, PENNSYLVANIA
vs.
: NO. 99-1457 CIVIL TERM
MARCIA I. FAIR,
.
.
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
aIDER ct" CXXlRT
AND fOI, this J '3" day of tJ ~
, 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior Order of this Court dated October 11, 1998 is
vacated and replaced with this Order.
2. The Father, Eugene D. Trutt, Jr., and the Mother, Marcia I.
Smith, formerly Fair, shall have shared legal custody of Candice M. Trutt,
born September 18, 1991, Rachel H. Trutt, born February 16, 1995, and Gina
L. Trutt, born May l8, 1996. Each parent shall have an equal right, to be
exerciSed jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being inCluding, but not
limited to, all decisions regarding their health, education and religion.
3. pending further Order of Court or agreement of the parties,
the parties shall have custody of the Children in accordance with the
fOllOWing schedule:
A. The Mother shall have custody of the Children every week from
Friday at 4:30 p.m. through Sunday at 7:00 p.m.
B. The Father shall have custody of the Children every week from
Sunday at 7:00 p.m. through Friday at 4:30 p.m.
4. The parties shall share having custody of the Children over
holidays in 1999 in accordance with the following schedule:
A. ~: In 1999, the Mother shall have custody of the
Children from Thanksgiving Day at 5:00 p.m. through the
following Sunday at 7:00 p.m. and the Father shall have
custody of the Children on Thanksgiving Day until 5:00 p.m.
B. CIlRIS'D!AS: The Mother shall have custody of the Children
from Christmas Eve at 4:30 p.m. through Christmas Day at 5:00
--
EUGENE D. TRU'lT, JR.,
Plaintiff
IN THE <XlURT 01' cntMCtl PLEAS 01'
: CUMBERLAND COON'I'Y, PENNSYLVANIA
.
.
:
va.
: NO. 99-l457 CIVIL TERM
MARCIA I. FAIR,
.
.
: CIVIL ACTION - LAW
IN cusrooy
Dofondant
.
.
PRIm JtlDGB: I!dward E. GUido
CUS'1mY CXN:ILIATIai SlHIARY REPCm'
IN ACXXJU:\ANCE WITH CDlIlERLAND CXXmY RULE OF CIVIL h<OC1sWRE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIR'l'H
OlRROO'Ly IN UJ<i~CVY OF
Candice M. Trutt
Rachel H. Trutt
Gina L. Trott
September 18, 1991
February 16, 1995
May 18, 1996
Father
Father
Father
2. A Conciliation Conference was held on November 11, 1999, with the
following individuals in attendance: The Mother, Marcia r. Smith (formerly
Fair), with her counsel, Jane M. Alexander, Esquire, and the Father's
attorney, James A. Miller, Esquire. As the Father did not appear for the
Conference, his counsel contacted the Father's Mother by telephone and was
advised that the Father was not able to get off work.
3. The Conciliator recOlTlllends an order in the form as attached.
Date
IU JlJe'A'rVh.- '1
11~~~chA-!
Dawn S. Sunday, Esquire'
CUstody Conciliator
/0-' / 19'7
,
~
~~
~~ m .... .., ~ '"
i ~m~ .... ~ .... '"
'... t:S ~..a-O
-g ~~ .., OS l! ...
= "'.:l -
p, wE-< - '... =6,cng:
-~!;! ~ . III ~4l~.!j~
~ii: 2:
~HtJliJ . ~I "",gil:.::.1",
~ ~ ~ - gl
~ - 5 E iii ~
gj os = ~ .~
~ S~~ I "- .s Q :i
rZ = I2S = .c
ii m Elll1: ~
~IU.8 . .
Q H
~~ ~ r.l ~
~ ~
~
Eugene D, Trutt, Jr.,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
V.
No,: 1457 Civil 1999
Marcia I. Fair,
Defendant/Respondent
CIVIL ACTION. LAW
IN CUSTODY
PETITION TO MODIFY Nov.emh.llr.23...19911.J)RDER
& PETITIQNEO.a.CML CONTENlf.TEOR
OlSOBEDlENCE OF No.'lember_23..iQ.Qll.J~.USIODY-ORDER
NOW COMES, Plaintiff/Petitioner, Eug6ne D, Trutt, Jr., by and through his
attorney, James A. Miller, Esquire, pursuant to Pa, R.C,P. 1915,12 and 1915,15 and
respectfully requests that Defendant/Respondent, Marcia I, Fair (Smith) be adjudged in
civil contempt by your Honorable Court and that the November 23, 1999, Order of
Court be modified and for reasons therefore states:
1. The Petitioner is Eugene D, Trutt, Jr" father of the minor children subject
in this action and presently residing at 305 Norman Road, Camp Hill, Cumberland
County, Pennsylvania, 17011,
2, The Respondent is Marcia I. Fair, mother of said children identified herein
and whose last known address was 5169 East Trindle Road, Lot 1, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
3. Petitioner seeks to modify the November 23, 1999, custody order (copy
attached hereto as Exhibit A) as it relates to the following children: Candice M, Trull,
D.O,8. 9/18/91, Rachel H. Trutt, D,O,8, 2/16/95, and Gina L. Trutt, D,O.8, 5/18/96,
4, On November 23, 1999, your Honorable Court entered a custody order
which provided in pertinent part that Petitioner would have the children during the
week, from Sunday, 7:00 p.m, through Friday, 4:30 p.m. and Respondent would have
the weekends from Friday, 4:30 p,m, through Sunday, 7:00 p,m,
5. Since the entry of said order, circumstances have arisen which require
modificahon to the existing order. Such events include, but are not limited to
a. Respondent has on numerous occasions failed to abide by
said order and further, has In effect been in contempt, Moreover,
Respondent's Husband continually asserts himself into this matter and
creates unnecessary strain and burden on an already difficult situation,
In fact, on February 6, 2000, in the early evening, Respondent's Husband,
Michael Smith, reached by force his way into Petitioner's car, grabbed
Petitioner by the collar and punched Petitioner in his mouth.
b, In addition, on February 6, 2000, at the designated time for
the exchange of the children, Respondent failed to turn over the children
to Petitioner because she stated that Petitioner claimed all 3 children for
purposes of reporting his 1999 taxes. Respondent asserted that even
though Petitioner had the children more than 1/2 of the 1999 calendar
year that she was to claim the children for tax purposes. In addition,
Respondent's Husband stated to Petitioner that the undersigned counsel
wrote a letter which indicates that Respondent was to receive the tax
benefit of the children. Based upon the foregoing, Respondent did not
deliver the children to Petitioner in complete violation of the November 23,
1999, custody order. Moreover, Respondent continues to deny Petitioner
the children,
c, It is believed and therefore averred that Respondent has
moved to Newport, Perry County, Pennsylvania, thereby making Sunday
evening pickups at 7:00 p,m, more unreasonable given the school
schedule as well as Friday evening pickups at 4:30 more difficult.
d. Respondent fails to adhere to the order which provides that
a responsible adult individual familiar with the children may make the
exchange.
6, Plaintiff has not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of the child in this or another court:
County Court of Common Pleas, Cumberland County,
Pennsylvania, Docket Number: Plaintiff has no information
of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect
to the child,
7, The best interest and permanent welfare of the child will be served by
granting the relief requested and modifying the present order of court dated November
23, 1999, attached hereto as Exhibit A because the children must continue to be in the
primary care of their Father, Petitioner herein.
8, Each parent whose parental rights to the child has not been terminated
and the person who has physical custody of the child has been named as parties to this
action, All other persons, named below, are known to have or claim a right to custody
or visitation of the child will be given notice of the pendency of this action and the right
to intervene: NIA
9, The existing order of November 23, 1999, must be modified in order to
more accurately reflect reasonable periods of custody to include weekend periods and
holidays with Petitioner and take into consideration traveltime relating to Respondent's
relocation to Perry County,
10, Moreover, Respondent must be found in contempt of and in violation of
the November 23, 1999, order in that she has failed to adhere to the terms thereof and
continues to allow her spouse to interfere with the custodial arrangement.
WHEREFORE, P/ainlrff requests YOur Honorable Court to mOdify the November
23, 1999, custody order consistent with the relief requested herein as well as find
Respondent in contempt thereof
-!~
-
James A Iller, Esquire
All y for Plaintiff
3 North Second Street, Suite 100
Harrisburg, Pennsylvania 17101
(717) 236-5161
Certlflclllll.QiSe~
I, James A. Miller, hereby certify that I have forwarded to the peron(s) on
the date and in the manner indicated below a copy of the preceding document.
Date:
United States First Class Mail, postage prepaid
Jane Alexander, Esquire
Counsel of Record for Defendant/Respondent, Marcia Fair
148 S. Baltimore SI.
Dillsburg, P A 17019
If
EUGENE D. TRlnT, JR.,
Plaintiff
IN TIlE <XlURT (R o:lMI'lC'N PLEAS OF
CUMBERLAND 00UN1'Y, PENNSYLVANIA
va.
NO. 99-l457 CIVIL TERM
MARCIA I. FAIR,
Defendant
CIVIL ACTION - ~W
IN CUSTODY
awm OF CXlllRT
ANIlIOf, this ~,~;u{ day of -1:}nlH~\.J , 1999, upon
consideratioo of the attached Custody Conciliation Report, it is ordered
and directed as follows:
,
I
,
,
I
f
\
I
f
l. The prior order of this Court dated october 11, 1998 is
vacated and replaced with this order.
2. The Father, Eugene D. Trutt, Jr., and the Mother, Marcia I.
Smith, formerly Fair, shall have shared legal custody of Candice M. Trutt,
born Septent>er 18, 1991, Rachel H. Trutt, born February 16, 1995, and Gina
L. Trutt, born May 18, 1996. Each parent shall have an equal right, to be
exerciSed jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not
limited to, all decisions regarding their health, education and religion.
3. pending further order of Court or agreement of the parties,
the parties shall have custody of the Children in accordance with the
following schedule:
A. The Mother shall have custody of the Children every week from
Friday at 4:30 p.m. through Sunday al: 7:00 p.m.
B. The ~'ather shall have custody of the Children every week from
sunday at 7:00 p.m. through Friday at 4:30 p.m.
4. The parties shall share having custody of the Children over
holidays in 1999 in accordance with the following schedule:
A. TllANKSGIVING: In 1999, the Mother shall have custody of the
Children from Thanksgiving Day at 5:00 p.m. through the
following Sunday at 7:00 p.m. and the Father shall have
custody of the Children on Thanksgiving Day until 5:00 p.m.
B. CBRIS'D!AS: The Mother shall have custody of the Children
from Christmas Eve at 4:30 p.m. through Christmas Day at 5:00
'0. r-. ..
,~. ": ,-
" j
~-.' ~,; ..
IF.! , ;
,
r.'
.n .'
II.; I
,-. .!J
L~ -:"'1
II. C-,
C) t; U
EUGENE D. m[11'l', JR., . IN THE COURT OF CXlMMCN PLEAS OF
.
Plaintiff/Petitioner : CUMBERLAND COONTY, PENNSYLVANIA
:
vs. . NO. 99-1457 CIVIL TERM
.
.
.
CIVIL ACTION - LAW
MARCIA I. SMITH (formerly Fair),
Defcndant/Respondent . cus'roo~
.
aulIlR OF CXXlRT
~ ~
AND fOi, this ~ day of
consideration of the attached CUstody co~at on
and directed as follows:
, 2000, upon
Report, it is ordered
1. 'l11e prior Order of this Court dated Noventler 23, 1999 is vacated
and replaced with this Order.
2. 'l11e Father, Eugene D. Trutt, Jr., and the Mother, Marcia I. Smith
(formerly Fair), shall have shared legal custody of Candice M. Trutt, born
Septeaber 18, 1991, Rachel H. Trutt, born February 16, 1995, and Gina L.
Trutt, born May l8, 1996. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not
limited to, all decisions regarding their health, education and religion.
3. During the remainder of the 1999-2000 school year, the parties
shall have custody of the Children in accordance with the following
schedule:
A. 'l11e Mother shall have custody of the Children every week fran
Friday at 4:30 p.m. through Sunday at 5:30 p.m.
B. 'l11e Father shall have custody of the Children every week fran
Sunday at 5:30 p.m. through Friday at 4:30 p.m.
4. During the sl1llll1er school vacation each year, the parties shall
share having physical custody of the Children on an alternating weekly
basis, beginning with the Mother haVing custody on the first Friday after
termination of the school year at 4:30 p.m. Thereafter, the parties shall
exchange custody weekly on Fridays at 4:30 p.m. until the Friday before the
next school year starts. The Father shall have custody of the Children
from the Friday before the first day of school until the first weekend
after the start of school, when the Mother shall have custody from Friday
at 4:30 p.m. through Sunday at 5:30 p.m.
5. Beginning with the 2000-2001 school year, the parties shall have
custody of the Children during the school year in accordance with the
following schedule:
A. The Father shall have custody of the Children every week from
Sunday at 5:30 p.m. through Friday at 4:30 p.m.
B. '!he Mother shall have custody of the Olildren for three
consecutive weekends from Friday at 4:30 p.m. through Sunday
at 5:30 p.m. and the Father shall have custody of the Olildren
over each fourth weekend period.
C. '!he Mother shall have custody of the Olildren on all school
hOlidays/in-service days which fall on a Friday or Monday and
which are not listed as holidays in paragraph 6 of this Order.
When the school holiday/in-service day falls on a Friday, the
Mother shall have custody of the Children from Thursday at
4:30 p.m. through Sunday at 5:30 p.m. When the school
holiday/in-service day falls on a Monday, the Mother shall
have custody from Friday at 4:30 p.m. through Monday at 5:30
p.m.
D. In the event the Mother's school holiday/in-service period of
custody falls on what would have been the Father's regular
weekend period of custody, the Father shall have custody of
the Children over the following weekend and again on the third
weekend thereafter, which would have been the Father's
regularly scheduled weekend period of custody under the
ongoing four weekend cycle.
6. '!he parties shall share or alternate having custody of the
Children on holidays as follows:
A. ClRIS'l'MAS: '!he Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 4:30 p.m.
through Christmas Day at 4: 30 p.m., Segment 8, which shall run
from Christmas Day at 4:30 p.m. through December 28 at 4:30
p.m., and Segment C which shall run from December 28 at 4:30
p.m. through the day before school resumes at 4:30 p.m. The
Father shall have custody of the Children during Segments A
and C in even numbered years and during Segment B in odd
numbered years. The Mother shall have custody of the Children
during Segments A and C in odd numbered years and during
Segment B in even numbered years.
B. THANKSGIvING: The Thanksgiving holiday shall be divided into
Segment A, which shall run from the Wednesday before
Thanksgiving at 4:30 p.m. through Thanksgiving Day at 4:30
p.m., and Segment B, which shall run from Thanksgiving Day at
4:30 p.m. through the following Sunday at 4:30 p.m. The
Mother shall have custody of the Children during Segment A in
even numbered years and during Segment B in odd numbered
years. The Father shall have custody of the Children during
Segment A in odd numbered years and during Segment B in even
numbered years.
C. EASTER: The Easter holiday shall be divided into Segment A,
which shall run from the Thursday before Easter at 4:30 p.m.
through Easter Sunday at 1:00 p.m., and Segment B, which shall
run fran Easter Sunday at 1:00 p.m. through the day before
school resumes at 4:30 p.m. The Mother shall have custody of
the Children during Segment A in even nUlOOered years and
during Segment B in odd numbered years. The Father shall have
custody of the Children during Segment A in odd numbered years
and during Segment B in even numbered years.
D. INDEPENDENCE DAY: The Independence Day holiday shall run fran
July 3 at 4:30 p.m. through July 5 at 4:30 p.m. The Father
shall have custody of the Children over the Independence Day
holiday in even numbered years and the Mother shall have
custody over the Independence Day holiday in odd n1lllbered
years.
E. I'Ltl1ll2t'S IlAY/FAT8m'S DAY: The Mother shall have custody of
the Children every year on Mother's Day from 10:00 a.m. until
6:00 p.m. and the Father shall have custody of the Children
every year on Father's Day from lO:oo a.m. until 6:00 p.m.
F. IIPX1UAL 1lAY/LABC:R DAY: The Memorial Day and Labor Day
holidays shall be considered schOOl holidays which fall on
Monday under paragraph 5 of this Order and custody of the
Children shall be handled pursuant to that paragraph.
G. :!he holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
7. When the Mother is receiving custody of the Children, the Mother
shall pick up the Children at the Father's residence. When the Father is
receiving custody of the Children, the parties shall exchange custody at
the Mountain Top Used Car Lot on Route 34 in Sterretts Gap. The parties
agree that the Children's paternal grandfather will provide the
transportation on the Father's behalf for exchanges at Sterretts Gap. The
parties shall take all necessary steps to avoid conflicts in the presence
of the Children dUring exchanges of custody and shall handle the exchanges
in a cooperative and civil manner.
8. Pending further Order of Court or agreement of the parties, the
parties' daughter, Candice, shall continue to attend school in the Camp
Hill School district.
9. :!his Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by lffiJtual consent. In the absence of lffiJtual consent, the terms
of this Order shall control.
cc: James A. Miller, Esquire - Counsel for Father
Jane Alexander, Esquire - Counsel for Mother
~/qall
tj-.2L-oo
RK3
~~ ~ .u
Ii ~
~~I '0
'... [
.u
.... ~
Dlig~ .u >. ~ '" ::::
QI 'i1
.$ 1 ~ ~i :J2.B~R
if~j = .:l -
..... ~ = = ,,:
/!iIl l/Il = , "'0.;
C . ~ c ~I ' l/IlllI.~ oil
~ f;;~ ..... ~ ~ I<Il ~ :,::g]
~~ is & E fW... \I)
= ~ u
g;o. .... IU C &.0 ~._
!i~~ ~ =.s~ g
. , i ~ml3li1:~
Q o-l ::g
~ g I ~~
~e u,..
~i
API? 2 {I '0_..
, -uuV.(J \1
I
;-- 0 ~
c..;
....:
1--0 - :;J ..:1.:
u.JQ I ) ~:"
<.,,)". :C ,:)~
r-C) .a;
1::1: 7172
~'O -P(f)
IS: I .:Li
'::J """ ,.r---
> ...~--
r.cllJ "" '.~ lU..i
:r:. .~ C]O-
\- -
15 ..>" S
=
= U
N
~l~
~
LAW OFFICES OF PETER J. RUSSO, p, C,
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
(717)591-]755
Attorney for Defendants
DONALD G. JONES and,
KAY A, JONES,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
FRED WAGNER and,
RICK BROWNA WELL,
tJdlb/a F & R FRAMING AND
ROOFING,
: NO. 00-1457 CIVIL TERM
Defendants
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes PETER J, RUSSO, Esquire, Counsel for Defendants, and respectfulIy
submits the following in support of its Petition to Withdraw as Counsel:
1. On October 5, 2004, Counsel filed his Petition to Withdraw as Counsel for
Defendants, Fred Wagner, individualIy, and F & R Framing and Roofing, in the above-referenced
matter,
2, On October 5, 2004, Mark A. Mateya, Esquire entered his appearance on behalf of
Defendant, Rick Brownawell.
3. On October II, 2004, your Honorable Court issued a Rule on the Plaintiffs and on the
Defendants to show cause, if l\I1y, why the relief in the petition should not be granted, rule to be
returnable within 10 days of service.
4. The Rule was returnable by November 4,2004.
5, Neither the Plaintiff, nor the Defendants have filed a Rule in response to the request of
the Petitioner.
6, The last PartY served with the Petition to Withdraw as Counsel was Mark A. Mateya,
Esquire, on October 21,2004, The Return Receipts for aII parties are attached as Exhibit "An.
7. The matter is ripe for determination.
\
I
I
I
I
I
i
I
,
WHEREFORE, Petitioner, Peter J, Russo, Esquire, respectfully requests this Honorable
Court to make the Rule Absolute and grant his prayer that leave be granted for him to withdraw
his appearance as counsel of record for the above listed Defendants, Fred Wagner, individually,
and F & R Framing and Roofing.
Respectfully submilled,
Date:~
LAW OFFICES OF PETER J. RUSSO, P.C.
~~..~
Allomey ID 72897
The Chelsea Building
3800 Market Street
Camp Hill, PA 17011
DONALD G, JONES and,
KA Y A, JONES,
Plaintiffs
IN TilE COURT OF COMMON PLEAS OF
ClJl\lIlERI.AND COlJNTY, I'ENNSYLV ANIA
v.
FRED WAGNER and,
RICK BROWNA WELL,
Udlb/a F & R FRAMING AND
ROOFING,
NO. 00-1457 CIVIL TERM
Defendants
Sf NO! f( {U(,f/'I f fl. fI/I', '>I CIIU".
. . CampIele Itema 1, 2, and 3. Also compIotIl
film 4 . ReItrIcI8d DoIIveoy II doIInld.
. Prtnt ~ _and 8ddr-. on the.-..
10 lhoI woo can relIm the CIII'd to ~
. AIlIM:h thII Cllllto the bock of the ~
or on the ftllnlW space permIla.
1.__=
F'I6OWMT"'e~
'l15 UE.EKVI!;W ~O
. . ~81J.VILLe r ,r~,Jl'J.4I
.'
,
."
; '.','.';.
3._~ .,
._M111 O~MII. ' :
c n i Iv-.1 C ReblnReollptfor_~d_"'!
0_ Mol 0 c.o.o.
... -DolIvIry'/(EldJaFee}: 0....
1.
.'
.... .
'.'"'},,.':,:
iC~-
) (I1-*t1h:m~
: PS Fcrm 3811 , Auguot 2001
,1!- , .,.' i' ,.;.:, 'I:
I I I I I ! \ ! , j 1 I ~ ~ f \ I i
,
7002 2410 0004 1005 0903
, ' \ DornoolIa IloIum RocoIpt
'~'...i
. ,'_:-::: ~~
__...____'._._. lilZ...t!l>l!-~'"
!. CornplOt8It8ma 1, 2, and 3, Also compIel8
: . . . film 4 . RestrIc:ted IlelIvsy Jo desired.
. .. Prtnt Your """'" and eddress on the IlMlI'88
10 lhoI we can l8lum the CIII'd to you. . .
. . AIlIM:hthJs card to the back of the mallpiece,
:" oronlheflllnUspacepermlts.
',. _Addr8soedto:..
(Rltt:: MOWNA W';ll...
: t.f() ri~ .ROOfIIJt-
Ll.o,'T ~ \(,1,&1" Sp~'tJG-l&t.kA t&
.~VILL{;l fA n~y'
O. 01
I'UJ (J
D.1o~__"""'_'7.~'IllB... .1
KYES...".deIIvory--- O.No.. I
3tf~ N ,mo.J.,ia,''1((J:
)JeW~IIIc.rh 17~'ft..
2, AJ1lcIoN"""'"
flhmIotltan-1lIbeO
PSForm~11.""l!~2OO1 .
.;\ '1\ ; 1,'.11\1 Ii f
3. -1W>8 ...
JO CortIlIod M8II 0 Elqnoo Mall .. ...:
O~odORelumRoc:olp\torM.n"_+.
01noulOd MeII 0 ODD. .
4. _00I1wry'/(EldJa1'ee). .0.....,
7002 2410 0004 1005 0934
DomeetIo R8tum ReceIpt 102S95-02-M-1540 ~
;.:; ~
, '.
IU! ., ~-I ~.,..
, , ,
..-.., ,
;~:
C)'. :c-..; ...~.J
~1.h~ :' :?i.,jj
IjjL:: , " _IZ
l-::! ~I! 0:-'
UJlb
,... GJa.
~
I... ::>
, , (.)