HomeMy WebLinkAbout99-07133I
JANICE F. DEPUTY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. :NO. rG - 7/33
JOHN R. DEPUTY,
Defendant : CIVIL ACTION - CUSTODY
AND NOW, this _ day of 1999, upon
consideration of the attached complaint, it is hereby directed that the parties and their
respective counsel appear before Not applicable-see stipulation, Esquire, the conciliator,
at , Pennsylvania, on
1999, at o'clock .m., for a Pre-
Hearing Custody Conference.
At such conference, an effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define and narrow the issues to be heard by the Court,
and to enter a Temporary Order. Either party may bring the childrenren who are the
subject of this custody action to the conference, but the childrenren's attendance is not
mandatory. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT:
Custody Conference Officer
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
1-800-990-9108
JANICE F. DEPUTY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. :NO. 9 9 - &;,x T.u'-
JOHN R. DEPUTY,
Defendant : CIVIL ACTION - CUSTODY
AND NOW comes Plaintiff JANICE F. DEPUTY, by her attorney, Diane S.
Baker, Esquire, and files this Complaint, based upon the following:
Plaintiff, JANICE F. DEPUTY, is an adult individual residing at 1821
Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070.
2. Defendant, JOHN R. DEPUTY, is an adult individual residing at 401
North Cromwell Road, Apartment Q6, Savannah,. Georgia 31410.
3. The parties are the parents of the minor children Angela M. Deputy, born
March 21, 1987, and Dana L. Deputy, bom May 9, 1991.
4. The children are presently in the custody of their natural mother, Plaintiff,
JANICE F. DEPUTY who is divorce from the Defendant and resides with the children.
5. The Defendant is the father of the children. He is divorced from the
Plaintiff and resides alone.
6. For the past five (5) years, the children have resided with the following
persons at the following addresses:
Plaintiff and Defendant 114 Quail Forest Court 1994-
Savannah, Georgia February, 997
Plaintiff and Bruhn Freeman 705 Market Street April, 1997-
New Cumberland, Pennsylvania June, 1998
Plaintiff 1821 Bridge Street July, 1998-
New Cumberland, Pennsylvania present
7. Plaintiff has not participated as a party or a witness, or in another capacity,
in other litigation concerning the custody of the children in this or another court.
8. Plaintiff has no information of a custody proceeding concerning the
children pending in a court of this Commonwealth.
9. Plaintiff does not know of a person not party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect
to the children.
10. Each parent whose parental rights to the children have not been terminated
and the person who has physical custody of the children have been named as parties to
this action.
11. The best interest and permanent welfare of the children will be served by
granting the relief requested because Plaintiff has always been the primary caretaker of
the children and is able to provide a safe and nurturing environment for them.
WHEREFORE, Plaintiff requests the Court to enter an Order granting her
primary physical custody and shared legal custody of the minor children and granting
partial physical custody to the Defendant.
Respectfully
DATE:
'- Diar a S. Baker, Esquire ?-
Supreme Court ID #53200
I 27 South Arlene Street
Post Office Box 6443
Harrisburg, PA 17112-0443
(717) 671-9600
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unswom falsification to authorities.
fANICE F. DEPUTY
JANICE F. DEPUTY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. qq - 7/33 (Z?t_t
JOHN R. DEPUTY,
Defendant : CIVIL ACTION - CUSTODY
ORD R
AND NOW, this day of 1999, upon
consideration of the attached Stipulation and Agreement of the Parties, it is hereby
ORDERED that custody of the minor children Angela M. Deputy and Dana L. Deputy
shall be as follows:
1. The parties shall share legal custody of the minor children. All major
decisions such as medical, education and religion concerning the minor children shall be
made jointly by Father and Mother.
2. Mother shall have primary physical custody. Father shall have partial
physical custody each summer for a period of five (5) weeks. Father shall provide
Mother with a minimum of sixty (60) days written notice of the intended vacation and
travel schedule.
3. Father shall also be entitled to partial physical custody of the children
during the entire Christmas school vacation in even-numbered years. The children shall
be with Mother for Christmas in odd numbered years.
1, 1
4. Both parties shall be entitled to liberal telephone contact with the children
while they are in the custody of the other parent.
5. Both parties shall cooperate with each other for the benefit of the children
especially regarding discipline and schedules. Father and Mother shall not speak poorly
of the other in the presence of the children nor allow others to speak poorly about the
other parent in the presence of the children.
BY THE T:
J.
SS 07 F. i E:
?Ir
J
JANICE F. DEPUTY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO.
JOHN R. DEPUTY,
Defendant : CIVIL ACTION - CUSTODY
STIPULATION AND AGREEMENT OF THE PARTIES
AND NOW, this day of , 1999, come
the parties, JANICE F. DEPUTY, by and through her attorney Diane S. Baker, Esquire,
and JOHN R. DEPUTY, by his attorney Elissa Griffith Waldron, Esquire, and agree as
follows:
1. The parties are the parents of the minor children, Angela M. Deputy, born
March 21, 1987, and Dana L. Deputy, born May 9, 1991.
2. The parties shall share legal custody of the minor children. All major
decisions such as medical, education and religion concerning the minor children shall be
made jointly by Father and Mother. Mother shall have primary physical custody. Father
shall have partial physical custody of the children each summer for a period of five (5)
weeks and he shall provide Mother with a minimum of sixty (60) days written notice of
the intended vacation and travel schedule.
L1.
3. Father shall also be entitled to partial physical custody of the children
during the entire Christmas school vacation in even-numbered years. The children shall
be with Mother for Christmas in odd numbered years.
4. Both patties shall be entitled to liberal telephone contact with the children
while they are in the custody of the other parent.
5. Both parties shall cooperate with each other for the benefit of the children
especially regarding discipline and schedules. Father and Mother shall not speak poorly
of the other in the presence of the children nor allow others to speak poorly about the
other parent in the presence of the children.
6. The provisions of this Stipulation have been fully explained to Mother by
her attorney, Diane S. Baker, Esquire and to Father by his attorney Ellisa Griffith
Waldron, Esquire.
7. The parties agree that this Agreement shall be entered as Order of Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the
d y andyear)fi above written.
f
'WITNESS
WITNESS
J//
ANICE F. DEPUTY
JANICE DEPUTY,
Plaintiff
V.
JOHN R. DEPUTY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6823 CIVIL TERM
99-7133 CIVIL TERM ?
ORDER OF COURT
AND NOW, this 17th day of November, 2000, it
appearing today a conciliation would be futile, a custody hearing
in this matter will be scheduled for November 29, 2000, at
1:00 p.m. The parties are both directed to cooperate with
Dr. Schneider so that a custody evaluation can be completed.
If he is not prepared to testify on the 29th, we will
reschedule the hearing for the purpose of taking his testimony at
a later time. We can certainly hear from the parties on the 29th.
By the Court,
BRUCE BRATTON, ESQUIRE
For the Plaintiff
EDWARD J. WEINTRAUB, ESQUIRE
For the Defendant
It
Edward E. Guido, J.
i?-aa-oo
R?S
JANICE DEPUTY,
Plaintiff
V.
JOHN R. DEPUTY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6823 CIVIL TERM
99-7133 CIVIL TERM ?
ORDER OF COURT
AND NOW, this 17th day of November, 2000, the
parties are directed to comply with the partial custody
arrangement articulated in court this date.
BRUCE BRATTON, ESQUIRE
For the Plaintiff
EDWARD J. WEINTRAUB, ESQUIRE
For the Defendant
It
By the Court,
E ward E. Guido, J.
6,--LO ?q ? J
11-'o` -oo
R*
JANICE DEPUTY,
Plaintiff
V.
JOHN R. DEPUTY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6823 CIVIL TERM
99-7133 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of November, 2000,
father's petition for special relief is denied.
BRUCE BRATTON, ESQUIRE
For the Plaintiff
EDWARD J. WEINTRAUB, ESQUIRE
For the Defendant
By the Court,
Edward E. Guido, J.
JANICE DEPUTY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOHN R. DEPUTY, 00-6823 CIVIL TERM
Defendant 99-7133 CIVIL TERM ?
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings were held before the
HONORABLE EDWARD E. GUIDO, J.,
Cumberland County Courhtouse, Carlisle, Pennsylvania,
Courtroom Number Five,
November 17, 2000.
APPEARANCES:
BRUCE BRATTON, ESQUIRE
For the Plaintiff
EDWARD J. WEINTRAUB, ESQUIRE
For the Defendant
JANICE DEPUTY IN Tlil: COURT OF COMMON PLEAS OP
PLAIN'T'IFF CUIVIB17RLAND COUNTY, PENNSYLVANIA
V.
99-7133 CIVIL ACTION LAW
00-6823
JOHN R. DEPUTY W CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday April 17, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevv, Esq. , the conciliator,
at 301 Market Street Lemoyne, PA 17043 on Monday, June 02, 2003 at 11:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or alder may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order. C
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.
,S
By: A/ Melissa P Greevy q. L
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 time 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 TL•LEPFIONE -1.1IE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle. Pennsylvania 17013
Telephone (717) 249-3166
JANICE DEPUTY, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 00-6823 Civil Term
: No. 99-7133 Civil Term,/
JOHN R. DEPUTY,
Defendant/Petitioner CUSTODY
ORDER OF COURT
AND NOW, this day of , 2003, upon
consideration of the attached Petition, it is hereby directed
that the parties and the respective counsel appear before
the conciliator, at on the
day of 2003, at m., for a Pre-
Hearing Custody Conference. At such conference, an effort will
be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the
Court, and to enter into a temporary order. All children age five
or older may also be present at the conference. Failure to appear
at the conference may provide grounds for entry of a temporary or
permanent order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required
by law to comply with the Americans with Disabilities 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 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 299-3166
JANICE DEPUTY, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PE14NSYLVANIA
V. : No. 00-6823 Civil Term
: No. 99-7133 Civil Term
JOHN R. DEPUTY,
Defendant/Petitioner CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY
AND NOW, comes John R. Deputy, by and through his attorneys,
Purcell, Krug and Haller, and files the following Petition for
Contempt and Modification of Custody:
1. Petitioner is John R. Deputy (hereinafter "Father"),
father of the minor children Angela Deputy (DOB 3/21/87) and Dana
Deputy (DOB 5/9/91). Father is a United States citizen. He
currently resides in Paris, France as a result of relocation by
his employer.
2. Respondent is Janice Deputy (hereinafter "Mother"),
mother of the aforementioned minor children. Mother resides with
the Children in Cumberland County, Pennsylvania.
3. On or about December 6, 2000, the parties entered into a
stipulation for custody which was subsequently entered as an
Order of Court. A true and correct copy of said Order is
attached hereto and made part hereof as Exhibit "A".
4. Pursuant to that Order, the parties share legal custody
and Mother has primary physical custody.
5. Mother has failed and refused to comply with the terms
I
of the Court's Order, as follows:
a. Mother has failed to maintain internet access and
e-mail capability for the children pursuant to
Paragraph IV. Even when these services were
available to the children, Mother prevented any
meaningful contact between Father and the Children
by requiring the Children to allow her to read all
e-mail and to provide her with passwords to their
accounts.
b. Mother has failed and refused to allow regular
telephone contact in violation of Paragraph IV.
Frequently, the phone is not answered at all. If
Father leaves an answering machine message, calls
are not returned. When Mother answers the phone,
she pretends not to be able to hear Father and
hangs up. On the rare occasions Father speaks to
one of the children, Mother eavesdrops on the
conversations or insists that the children hang up
because she is waiting for another call. Mother
has call waiting.
C. In violation of Paragraph I(7), Mother has failed
and refused to provide Father with copies of
report cards, school counselor reports, the school
calendar and notification of major school events.
Father has not received any of this information
since the inception of the Order.
d. Mother does not involve Father in any decision-
making. He has no knowledge of the things that go
on in the lives of his children unless they tell
him. They are reluctant to do so, as they have
been told to, "keep our business as our business."
e. In violation of Paragraph II(5), Mother never
informs Father of the whereabouts of the Children
when they are away from home. Even when she takes
the Children on an annual vacation to Georgia she
refuses to provide an address or telephone number.
f. Mother refuses to identify medical providers or to
provide medical treatment information in violation
of Paragraph I(7). Angela has had a history of
mental health problems, and Father does not know
who is currently treating her or if she is being
treated at all. Both Mother and Angela have
refused to consent to Father's receipt of Angela's
current medical records, also in violation of
Paragraph I(7).
g. Father lives and works in Paris, France. Due to
the nature of his job, he has limited
opportunities to return to the United States to
visit with the Children. When Father notifies
Mother he will be in the Unites States, she
usually advises that the Children are not
available because she has other plans.
h. In May, 2000, Father made arrangements to visit
the Children while in town on a business trip.
Upon arrival at Mother's home, no one was home.
When Mother finally arrived, the police had to be
called because Mother, her friend and Mother's
Father were screaming insults at Father and his
Wife. Father was eventually allowed to see the
Children, but his Wife was forced to wait outside.
i. over the summer of 2002, Father had an unexpected
business trip in Georgia. Mother initially agreed
to allow him to visit with the Children, but after
Father made arrangements to be in the country for
a total of thirty days, Mother refused unless
Father handed her a support check upon arrival
(support was in current status). Then, she
refused to conduct any of the transportation, even
though she was scheduled to take a family vacation
3
in another part of Georgia. In the end, Father
was only permitted to visit with Dana for about
ten of the thirty days. He did not see Angela at
all.
6. When the custody order was entered, Father lived in
Jedda, Saudia Arabia. As a result, the parties agreed that all
of Father's visitation would be conducted in the United States.
Now that Father resides in France, he desires to conduct extended
periods of visitation in France, but Mother refuses.
7. Despite that Mother is gainfully employed and receiving
regular support from Father, she refuses to provide adequate
housing for the Children. Currently, Mother and the parties' two
teenage children reside in a small, one bedroom apartment.
WHEREFORE, Father respectfully requests this Honorable Court
to find Mother in Contempt of the December 6, 2000 Order and to
modify the Order to address the problems set forth herein.
PURCELL, KRUG AND HALLER
By
Nichole M.rStaley p'Gorman, Esquire
ID #798661
,1719 North Front Street
Harrisburg, PA 17102
717 234-4178
Date: April 10, 2003
4
JANICE DEPUTY, * IN THE COURT OF COMMON PLEAS
Plaintiff, * CUMBERLANDCOUNTY,PENNSYLVANIA
*
VS. * NO. 00-6823 CIVIL TERM
* NO. 99-7133 CIVIL TERM
JOHN R. DEPUTY,
Defendant. * CUSTODY
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as
follows:
LEGAL CUSTODY
1. The parties hereby agree to share legal custody of their minor children,
Angela Deputy born March 21, 1987 and Dana Deputy born May 9, 1991. All
decisions affecting the children's growth and development including, but not limited
to: choice of camp, if any; choice of child care providers; medical and dental
treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to
actual or potential litigation involving the children, directly or as beneficiary, other than
custody litigation; education, both secular and religious; scholastic athletic pursuits and
other extracurricular activities; shall be considered major decisions and shall be made
by the parents jointly, after discussion and consultation with each other and with a
view towards obtaining and following a harmonious policy in the children's best
interest.
2. Each party agrees to keep the other informed of the progress of the
children's education, therapy and social adjustments. Each party agrees not to impair
the other party's right to shared legal custody of the children. Each party agrees to
give support to the other in the role as parent and to take into account the consensus
of the other for the physical and emotional well-being of the children.
3. While in the presence of the children, neither parent shall make or permit
any other person to make, any remarks or do anything which could in any way be
construed as derogatory or uncomplimentary to the other parent, nor to undermine or
-t -
adversely affect the relationship between the other parent and the children. It shall be
the express duty of each parent to uphold the other parent as one whom the children
should respect and love.
4. Each parent shall have the duty to notify the other of any event or activity
that could reasonably be expected to be of significant concern to the other parent.
5. The parents shall communicate directly with one another concerning any
parenting issue requiring consultation and agreement and regarding any proposed
modifications to the physical custody schedule, which may from time to time become
necessary, and shall specifically not use the children as messengers. Furthermore,
neither parent shall discuss with the children any proposed changes to the physical
custody schedule, or any other issue requiring consultation and agreement, prior to
discussing the matter and reaching an agreement with the other parent. To facilitate
communication between the parties, they have retained the services of Dr. Stanley
Schneider. His participation in this capacity shall not disqualify him from serving or
testifying as a custody evaluator in this matter or any other proceeding involving the
children. All of the services provided by Dr. Schneider not covered by insurance shall
be paid by Father. On or about the 15th day of every month for not less than three
(3) months following the entry of this Order, the parties shall have a half-hour
telephone consultation with each other and Dr. Schneider to discuss the best interests
of the children, their parenting and any other topics Dr. Schneider deems relevant.
Also for at least three (3) months following entry of this Order both parents shall
participate at least once monthly in telephone conversations with Angela's Intensive
Care Manager (now Mickey Myers), with any uninsured costs paid by Father. Father
shall initiate and pay for the conference calls, provided that the Intensive Care Manager
is agreeable to these conferences.
6. With regard to any emergency decisions which must be made, the parent
with whom the children are physically residing or visiting at the time shall be permitted
to make the decision necessitated by the emergency without consulting the other
parent in advance. However, that parent shall inform the other of the emergency and
2
i fa
consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall
be the responsibility of the parent having physical custody at the time.
7. Each parent shall be entitled to complete and full information from any
doctor, therapist, counselor, dentist, teacher mental health case worker or any
institution or authority and have copies of any treatment plans, records and reports
given to them as a parent. Such documents include, but are not limited to, medical
reports, academic and school report cards, birth certificates, and other records relating
to the children. Both parents may attend school conferences and activities. Each
parent will promptly advise the other of any significant event or treatment involving
the children, utilizing facsimile transmission, e-mail or telephone, at the notifying
parents option. Within ten (10) days of the entry of this Order, Mother shall prepare
and supply to Father a complete list of all physicians, health care providers,
psychologists, counselors, caseworkers, school counselors and institutions who have
provided within the last six (6) months and are now providing either child with
services, including the providers street address, telephone, fax and e-mail address.
Within twenty (20) days of the entry of this Order, Father and/or Mother shall request
from each provider the consent form required by that provider to release complete
information regarding each child, including verbal and written reports. Mother and
Father shall promptly thereafter sign these consents and deliver them to each provider,
thereby enabling each parent to have access to all available information regarding each
child. Should the providers change, Mother will promptly provide Father with the
contact information and any additional consent necessary for parents to execute to
effect the continuing intent of this paragraph. Should either child's authorization be
required for the release of information, both parents will use their best efforts to obtain
the child's authorization. Should the child seek to exclude one parent from receiving
information, the other parent shall nevertheless supply it if available to him/her.
Should the child attempt to bar both parents, either, upon demonstrating legal
authority for the Court to do so, may seek an Order requiring the child to execute
releases or providers to fully inform both parents. It will be Mother's primary
3
responsibility to provide Father with copies of report cards, school counselor reports,
the school calendar and notifications of major school events.
8. Neither parent shall schedule activities or appointments for the children
which would require their attendance or participation at said activity or appointment
during a time when they are scheduled to be in the physical custody of the other
parent without that parent's express prior approval.
9. Both parties will attend any individual therapy or counseling recommended
for either of them by Dr. Schneider, provided that Father is solely responsible for any
uninsured costs for this individual counseling.
II PHYSICAL CUSTODY
Mother shall have primary physical custody. Father shall have partial custody
as periodically determined by mutual agreement. Failing mutual agreement to the
contrary, the following schedule shall apply:
1. Up to sixty (60) days, which need not be consecutive, with Father
annually with both children simultaneously, which may be
exercised upon forty-five (45) days notice to Mother, but shall not
conflict with her holiday or vacation time with the children or with
the children's attendance at school and shall not occur during the
first seven (7) days following adjournment of the school year, nor
during the seven (7) days immediately prior to the resumption of
school, so that Mother can with assist with the transition from
school to summer vacation back to school.
2. The parties shall share fairly or equally time with the children on
Thanksgiving Day, Christmas and on Easter Sunday.
3. Each parent shall have physical custody of the children for
attendance at family funerals, near death situations and at
weddings with reasonable notice to the other parent.
4. Father's partial custody shall be exercised within the continental
United States.
4
5. Both parents will supply the other with an itinerary, address and
telephone number where the children are at all times.
Ili TRANSPORTATION
Father shall provide all transportation necessary for his partial custody, except
that Mother shall drive up to ninety (90) miles from her residence to share half the
driving with Father for all custody exchanges, at mid-point locations to be mutually
determined.
IV COMMUNICATION BY TELEPHONE INTERNET AND OTHER MEANS
The parties agree that there shall be regular fax, e-mail, telephone and/or
internet access at least once weekly between the children and both parents without
monitoring or eavesdropping by either parent interfering with privacy requested by
either child. The parents shall place telephone calls to the children so as not to
interfere their bedtimes. Each child shall be permitted free access to send e-mails,
faxes or to place calls to Father at any time they desire, so long as Father pays for all
telephone calls. Mother will maintain computer service, internet access and e-mail
capability to facilitate communication by Father with her and the children, except for
unavailable lapses in service due to technical problems or breakdowns beyond
Mother's control.
\/ RELOCATION
The parties have negotiated the custody and partial custody portions of this
Agreement based upon existing circumstances, and in particular, based upon Wife's
current residences in Cumberland County, Pennsylvania, and Father's residence in
Jedda, Kingdom of Saudi Arabia. If either parent desires to establish a residence more
than fifty (50) miles from their present residence, they shall give the other parent at
5
least ninety (90) days' written notice in advance of the proposed move, in order to
give the parties the opportunity to confer, prior to the relocation, and to establish a
mutually satisfactory arrangement as to custody and partial custody in light of the
changed circumstances. In the event that the parties are unable to reach an
agreement, then the Court of Common Pleas of Cumberland County shall have
jurisdiction over them to fashion
appropriate custody/partial custody orders.
This Stipulation shall be entered as
l?x??,
Bruce Bratton, Esquire
Attorney for Plaintiff
Approved and entered as an Order of Court.
BY THE COURT:
J.
Date12 OG -()
0
TRUE MPY FRO'
In Testimoi- v,kraof, I liere unio :?c_t n:, hand
and L Seal of se' Court t t.ari:s:', Pa.
6 T hi ......7....... of....P C.,....,
:... .7
rothonotary
Attorney for Defendant
VERIFICATION
I, John Deputy, hereby verify that the facts contained in
the foregoing Petition for Contempt and N,odification of Custody
are true and correct to the best of my knowledge, information
and belief. I understand that false statements made herein are
subject to the penalties of 18 Pa. C.S. Section 4904, relating
to unsworn falsification to authorities
Date: /0,01i2 OJ
I, Nichole M. Staley O'Gorman, Esquire, counsel for the
within Plaintiff, hereby verify that the facts contained in the
attached Petition for Contempt and Modification of Custody are
true and correct to the best of my knowledge, information and
belief, based upon the information known to me and provided by
my client, John Deputy. I understand that false statements
made herein are subject to the penalties of 1B Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date: Hlloln3
I'd 60b0b£24T41000:U 3dDan3 613f13N:30 2T:LT 2002-8m-OT
CERTIFICATE OF SERVICE
I, TRICIA KOWALCZYK, an employee of the law firm of Purcell,
Krug & Haller, counsel for Defendant /Petitioner, hereby certify
that service of the foregoing PETITION FOR CONTEMPT AND
MODIFICATION OF CUSTODY was made upon the following by both
Certified Mail, Return Receipt Requested, Restricted Delivery and
First-Class, Regular Mail, Postage-Prepaid on April 11, 2003.
Janice Deputy
401 Summit Road Rear
New Cumberland, PA 17070
Tricia Kowalczyk ?-
11. .
?- ,
?,. 6:
... ,.`?
f I
l'. ?
?- ..
1
JANICE DEPUTY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JOHN R. DEPUTY, NO. 00-6823 CIVIL TERM
Defendant/Petitioner NO. 99-7133 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 12th day of September, 2003, after
hearing, our Order of July 1, 2003, is vacated and shall be of no
further force and effect. Our Order of December 6, 2000, is
modified as follows:
1. II Transportation is replaced with the
following: Father shall provide all transportation necessary for
his partial custody except that Pother shall assist by providing
transportation to and from any airport of Father's choice located
within 120 miles of Mother's current residence in New Cumberland,
Pennsylvania. Further, Mother shall assist by driving up to 70
miles to meet Father at a transfer point for any visitation that
will occur at Father's parents' home in Allentown, Pennsylvania.
2. IV shall be replaced with the following: Mother
shall have the children available to receive phone calls from
Father at 9:00 p.m. Eastern Standard rime each Wednesday. The
calls may last up to 15 minutes per child. The Mother shall not
be in the room, nor shall she otherwise listen to the
conversation between Father and his daughters.
Mother shall require the children to e-mail their
Father on a daily basis. Father shall advise Mother by e-mail if
he did not receive any child's e-mail on the previous day.
Mother shall e-mail Father daily regarding
something of interest in connection with each child. Father must
IL
respond, talking about the welfare of the child. The tones of
these a-mails shall be cordial or parental as is necessary. No
mention of support, or other problems between Mother and Father,
shall be contained in any e-mails. Copies of the e-mails between
Mother and Father must be maintained to be provided to this Court
as an exhibit in any future hearings.
In all other resp=ects, our order of December 6,
2000, shall remain in full force and effect.
chole I
Attorney
ott A.
Attorney
d. Staley O'Gorman, Esquire
for Defendant/ Petitioner
Stein, Esquire
for Plaintiff /Respondent
srs
C ?
JANICE DEPUTY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JOHN R. DEPUTY, NO. 00-6823 CIVIL TERM
Defendant/Petitioner NO. 99-7133 CIVIL TERM:,
ORDER OF COURT
AND NOW, this 12th day of September, 2003, after
hearing, the Petition for Contempt is DISMISSED.
A-0ichole M. Staley O'Gorman, Esquire
Attorney for Defendant/Petitioner
Xott A. Stein, Esquire
Attorney for Plaintiff/Respondent
srs /
pq .??.03