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HomeMy WebLinkAbout03-3808AIMEE FORTNA, IN THE COURT OF COMMON PLEAS P:aintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03 -3~0~ eic~~~~E~t~ DONALD NERAT, III, CIVIL ACTION - LAW ` Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Aimee Fortna, residing at 967 West Trindle Road, Lot 23, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Donald Nerat, III, residing at 967 West Trindle Road, Lot 23, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Tyson L. Nerat 967 West Trindle Rd. 2 Lot 23 Mechanicsburg, PA 17055 The child was born out of wedlock. The child is presently in the custody of the Plaintiff, Aimee Fortna, who resides at 967 West Trindle Rd., Lot 23, Mechanicsburg, PA 17055. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Aimee Fortna and Donald Nerat, III Aimee Fortna and Donald Nerat, III 313 Reno Ave. 12/8/00-7/01 New Cumberland, PA 17070 967 West Trindle Rd. 7/O1-present Mechanicsburg, PA 17055 The mother of the child is the Plaintiff, Aimee Fortna, currently residing at 967 West Trindle Rd., Mechanicsburg, PA 17055. She is single. The father of the child is the Defendant, Donald Nerat, III, currently residing at 967 West Trindle Rd., Mechanicsburg, PA 17055. He is single. 4. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Tyson L. Nerat Son Donald Nerat, III Acquaintance 5. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Tyson L. Nerat Son Aimee Fortna Acquaintance 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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 because: A. The Defendant will soon be moving out of the current residence that he shares with Plaintiff and child. B. The parties are in agreement that the child should primarily reside with Plaintiff/Mother, with the Defendant/Father having visitation as will be determined. 8. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child. Date: ~~ 5/~3 ,( Respectfully submitted, FRI P.C u~.~. w~ J.oh F. King, qu 6;0 N. Second S eet P~ thouse Suite P: Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff k/p:domestic\fortna.cus VERIFICATION I, Aimee Fortna, here~y acknowledge that I am the Plaintiff in the foregoing actipn; that I have read the foregoing Complaint for Custody; and the !,facts stated therein are true and correct to the best of my knowl,ledge, information and belief. I understand that anyfalse statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswozn falsification to authorities. f (~,~(~Q~~ /~1~ Ajimee Fortna Dated: `~~ 0 S " 3 n ~ ~ ~~ c Q ~ c w ~ AIMEE FORTNA IN THE COURT' OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD NERAT. III DEFENDANT 03-3808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 11, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, September 15, 2003 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to 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: /s/ Melissa P. Greevv, Esq. 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'fELEPHONE TT3E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HL',LP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'fin ~ ~ ~ ~o- ~i,~ ~~ Z~~~~~ E.~~'~ ~Nbm,tsr~ra=a u ~~~~:'... i~J; i'~., A~ _, ,, AIMEE FORTNA, v. Plaintiff DONALD NERAT, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3808 Civil Term CIVIL ACTION - LAW CUSTODY CUSTODY AGREEMENT AND STIPULATION AND NOW this ~~ day of _~ 2003, Plaintiff, Aimee Fortna (hereinafter "Mother"), and Defendant, Donald Nerat, III (hereinafter "Father"), have reached the following agreement and stipulation concerning custody of their minor child, Tyson L. Nerat, (date of birth - 12/8/00), as follows: 1. The parties agree to share legal custody. The parties shall, to the extent possible, inform each other of Tyson's doctor appointments. The custodial parent shall notify the non-custodial parent of any medical emergencies concerning the child as soon as possible. 2. The parties shall share physical custody as follows: A. Mother and Father shall :have physical custody of the child, Tyson L. Nerat, on a week on/week off basis, and shall exchange the child on Sunday at 6:00 ;p.m. each week. f B. Mother shall have physical custody of the child on the Thursday night during her off week of custody. Mother shall pick up the child from daycare after work on each given Thursday during her off week of custody, and return the child to daycare on Friday morning. Should the child not be in daycare on any given Thursday or Friday during Mother's off week of custody, then pick up and/or drop off of the child shall be performed by Mother at Father's home. C. Father shall have physical custody of the child on the Thursday nights during his off week of custody. Father shall pick up the child after work at Mother's home on each given Thursday during his off week of custody, and shall return the child to daycare on Friday morning. Should the child not be in daycare on any given Friday during Father's off week of visitation, Father shall return the child to Mother's home. 3. Each parent shall have the right of first refusal for any period of care in excess of two hours which would otherwise be provided by a non-relative. Each parent shall keep the other informed of any such proposed periods of child care, so as to allow the other parent their right of first refusal. During any such period of child care, the parent exercising the right of first refusal shall be responsible for transportation both from and back to the custodial parent's home. 4. The holiday schedule shall be as follows: A. The child shall spend Mother's Day with Mother, and Father's Day with Father, with custody being from 10:00 a.m. until 8:00 p.m. regardless of the regular scheduled custody. B. The parties will alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, with custody being from 10:00 a.m. until 8:00 p.m. This provision commences with Labor Day, 2003 being with Mother. C. Christmas shall be broken up into two segments. Segment A shall be from 5:00 p.m. on Christmas Eve until Noon on Christmas Day, and Segment B shall be from Noon on Christmas Day until Noon on December 26. The parties will alternate the segments with Mother having Segment A at Christmas 2003. 5. Summer vacation: Each parent shall be entitled to one uninterrupted week of custody during the summer. Each parent's uninterrupted week of custody shall be scheduled so as to include his or her regularly scheduled week. Each parent shall provide thirty (30) days written notice to the other parent of when he or she intends to exercise his or her summer vacation. 6. Neither party shall move more than twenty-five (25) miles from their current residence without first giving the other party no less than sixty (60) days written notice of such planned relocation. 7. So long as the parties continue to have shared physical custody on a 50/50 basis, the parties will alternate the filing of a child exemption and/or credit in their Federal tax return, with Mother having that first right of filing for tax year 2003 and all odd numbered years, and Father will have the calendar year 2004 and all even numbered years. 8. Except as otherwise provided herein, the party receiving custody of the child will provide transportation. 9. The parties agree to enter this Custody Stipulation and Agreement as 10. Neither party the other to the child or in possible, both parties shall disparaging remarks about the presence. an Order of Court. shall make disparaging remarks about the child's presence. To the extent prevent others from making other parent to the child or in his __ _--- WI • i n F. King, Es ire Aimee Fortna ~_ _~ ~ .~ ~ ~~~ Jo n J. onnelly, Esquire D ld Nera III i i \~ k/p:domestic\fortna.stp bini~r~i7~(~l~r GS :~ !.y, ! ~ n Q cis'S Cl~ 3JHr =i'%~~l0 _,, iL7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Q 2003, 3ned officer, personally sa•~isfactorily proven) tc to the within instrument, same for the purposes On this, the ~ " day of before me a Notary Public, the undersi~ appeared Aimee Fortna, known to me (or be the person whose name is subscribed and acknowledged that she executed the therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official SS: NOTARIAL SEAL BARBARA E. PALMER, Noiary Pub11c Hamsburg, Dauphin County My Commission Expires May 23, 2005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this. the ~oS~`~ day of GZ.~'(c;t.~:o~ 2003. before me a Notary Public, the undersign~'d officer, personally appeared Donald Nerat, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official ~~~ ~~~~~ Notarial Seal Publlc Linda L. fotterhoff, Notary Derry Tvup., Dauphin Courrty My Commisecion Expires Nw. 8, 2003 ~t~.~; ~;~7~SNh+~~vP~ c'S :~ }.t `- d~S ~0 1,6Y1 ,, .~ ~, SEP a 'l 2003 AIMEE FORTNA, Plaintiff v. DONALD NERAT, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.03-3808 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 29'h day of August, 2003, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE Melissa Peel Greery, Esquire Custody Conciliator :zi nso ~{~PJ b,~~~ic~rp~d ~;~~~~ L5 :~ ~,~~ ;~_ .~~ . u.~S F~ .~.L"l1~:.; ~~ _ .,~ r AIMEE FORTNA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-380EI Civil Term CIVIL ACTION - LAW CUSTODY v. DONALD NERAT, III, Defendant ORDER AND NOW this i0' day of ~_'~ 2003, it is hereby ORDERED that the attached Custody Agreement and Stipulation is adopted as a Court Order, as. if set forth in full. ~°'~a.~. RK9 09-~~-03 BY THE COURT ~ly~ ~, , ~ n~,N ~~l <; ~.., ~~, , _') :.. t3 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.Q. Box 650 Hershey, PA 17033 Attorneys for Petitioner AIMEE FORTNA, Plaintiff/Respondent v. DONALD NERAT, III DefendantJP etitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.03-3808 CIVIL ACTION -LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW comes the Defendant/Petitioner, Donald Nerat, III, by and through his counsel, John J. Connelly, Jr., Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, and hereby files the within Petition for Contempt as follows: 1. Petitioner is Donald Nerat, III, Defendant in the above-captioned action, who currently resides at 308 College Hill Road, Enola, Cumberland County, Pennsylvania 17025. 2. Respondent is Aimee Fortna, Plaintiff in the above-captioned action, who currently resides at P.O. Box 243, 35 North 'Third Street, Halifax, Dauphin County, Pennsylvania 17032. 3. The parties are the parents of one minor child, Tyson L. Nerat, born December 8, 2000. 4. On September 10, 2003, the parties entered into a Custody Agreement and Stipulation, whereby the parties shared physical and legal custody of the child. A copy of the Custody Agreement and Stipulation is attached hereto and marked as Exhibit "A". 5. The parties operated under the Custody Agreement successfully for the past three (3) years. However, in August, 2006, Respondent moved to Halifax, Dauphin County, with the parties' minor child. At the time of the Respondent's move to Halifax the Petitioner reluctantly agreed to the move on the basis that he would receive custody of the child each weekend during the school year and the entire summer with the Respondent having the child every other weekend during the summer school vacation. 6. Based on this agreement, Respondent moved to Halifax and the Petitioner was able to see the child every weekend until school began at which time she refused to comply with the agreement she reached. 7. The Petitioner's basis to agree to the move was the fact that he would receive his child every weekend during the school year. Respondent's failure to comply with her verbal agree and further her failure to allow Petitioner to continue to operate under the existing Order regardless of the location of the child's school places her in contempt of the current Court Order which requires that the parties alternate custody on a weekly basis. 8. Petitioner lives approximately one-half hour from Respondent's location and has arranged with his employer to transport his son to school during his weeks of custody. Respondent's failure to comply with either her verbal agreement to provide every weekend or to comply with the existing Order of alternating weeks of custody is in clear violation of the Court's directive. 2 WHEREFORE, your Petitioner requests that the Court hold the Respondent in contempt and to frame an Order consistent with the current circumstances. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ ~ ' ~v - D ~o By: Hershey, PA 17033-0650 (717) 533-3280 Attorneys for DefendantlPetitioner Donald Nerat, III P.O. Box 650 VERIFICATION I, Donald J. Nerat III, verify that the statements made in the foregoing pleading 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 falsification to authorities. Date: ~ 0 - ~ - O !~ /'i%`y` -~ Donald J. Nerat III AIMEE FORTNA, : IN THE COURT OF COMMON PLEAS OF PlaintiffiRespondent :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.03-3808 DONALD NERAT, III :CIVIL ACTION -LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Donald Nest, III, hereby certify that I have served a copy of the foregoing Petition for Contempt on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Aimee Fortna P.O. Box 243 35 North Third Street Halifax, PA 17032 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ ~ '- ~D~ By: Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Petitioner, Donald Nerat, III EXHIBIT "A" AIMEE FORTNA, v. Plaintiff DONALD NERAT, III, Defendant AUG 2 8 2003 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3808 Civil Term CIVIL ACTION - LAW CUSTODY ORDER AND NOW this ~ day of 2003, it is hereby ORDERED that the attached Custody Agreement and Stipulation is adopted as a Court Order, as if set forth in full. BY THE COURT: S J. TREE COPY FROM RE~;n;~.D to jest-:~;ony whereof, t here into ;vt nay hand and a slealnnof said curt arlisi Pa. T s ......1.4~ ... d~-~~-~ . ,' ~ ~ AIMEE FORTNA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3808 Civil Term DONALD NERAT, III, CIVIL ACTION - LAW C7 ~ - De f endant CUSTODY ~ ~' -~--~ --- r-:-1 - -,~ _ ~,- s ~' CUSTODY AGREEMENT AND STIPULATION -~:~ r, ; ~ ~- ~ -~ ~; ~: ,J G - _~ --C- - - _ ~. `. ~= r' -; AND NOW t h i s ~~' day o f 2 0 0 3; ~. '~ ~`-' - _l Plaintiff, Aimee Fortna (hereinafter "Mother") , and Defendant, V~ ~'~ ~! Donald Nerat, III (hereinafter "Father"), have reached the following agreement and stipulation concerning custody of their minor child, Tyson L. Nerat, (date of birth - 12/8/00), as follows: 1.. The parties agree to share legal custody. The parties shall, to the extent possible, inform each other of Tyson's doctor appointments. The custodial parent shall notify the non-custodial parent of any medical emergencies concerning the child as soon as possible. 2. The parties shall share physical custody as Lollows: A. Mother and Father shall have physical custody of the child, Tyson L_ Nerat, on a week on/week off basis, and shall exchange the child on Sunday at 6:00 p.m. each week. B. Mother shall have physical custody of the child on the Thursday night during her off week of custody. Mother shall pick up the child from daycare after work on each given Thursday during her off week of custody, and return the child to daycare on Friday morning. Should the child not be in daycare on any given Thursday or Friday during Mother's off week of custody, then pick up and/or drop off of the child shall be performed by Mother at Father's home. C. Father shall have physical custody of the child on the Thursday nights during his off week of custody. Father shall pick up the child after work at Mother's home on each given Thursday during his off week of custody, and shall return the child to daycare on Friday morning. Should the child not be in daycare on any given Friday during Father's off week of visitation, Father shall return the child to Mother`s home. 3. Each parent shall have the right of first refusal for any period of care in excess of two hours which would otherwise be provided by a non-relative. Each parent shall keep the other informed of any such proposed periods of child care, so as to allow the other parent their right of first refusal. During any such period of child care, the parent exercising the right of first refusal shall be responsible for transportation both from and back to the custodial parent's home. 4. The holiday schedule shall be as follows: A. The child shall spend Mother's Day with Mother, and Father's Day with Father, with custody being from 10:00 a.m. until 8:00 p.m. regardless of the regular scheduled custody. B. The parties will alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, with custody being from 10:00 a.m. until 5:00 p.m. This provision commences with Labor Day, 2003 being with Mother. C. Christmas shall be broken up into two segments. Segment A shall be from 5:00 p.m. on Christmas Eve until Noon on Christmas Day, and Segment B shall be from Noon on Christmas Day until Noon on December 26. The parties will alternate the segments with Mother having Segment A at Christmas 2003. 5_ Summer vacation: Each parent shall be entitled to one uninterrupted week of custody during the summer. Each parent's uninterrupted week of custody shall be scheduled so as to include his or her regularly scheduled week. Each parent shall provide thirty (30) days written notice to the other parent of when he or she intends to exercise his or her summer vacation. 6. Neither party shall move more than twenty-five (25) miles from their current residence without first giving the other party no less than sixty (60) days written notice of such planned relocation. a. '• 7. So long as the parties continue to have shared physical custody on a 50/50 basis, the parties will alternate the filing of a child exemption and/or credit in their Federal tax return, with Mother having that first right of filing for tax year 2003 and all odd numbered years, and Father will have the calendar year 2004 and all even numbered years. 8. Except as otherwise provided herein, the party receiving custody of the child will provide transportation. 9. The parties agree to enter this Custody Stipulation and Agreement as an Order of Court. 10. Neither party shall make disparaging remarks about the other to the child or in the child`s presence. To the extent possible, both parties shall prevent others from making disparaging remarks about the other parent to the child or in his presence. O Aimee Fortna c~...~' .mac uire D d Nerat, III k/p:domestic\fortna_stp •.~ • COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN On this , the ~7~ day o f C~CN~-~fiL~-. 2 0 0 3 , before me a Notary Public, the undersigned officer, personally appeared Aimee Fortna, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official WOTAR{AL SEAL BARBARA E. PALMER, Notary Pubic Harrisburg, Dauphin County My Commission Expires May 23, 2005 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN On this , the ~~ day of ~ ~- , ~`~ ~ ~,~:~ 2 0 0 3 before me a Notary Public, the undersigned officer, personally appeared Donald Nerat, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. seal. IN WITP7ESS WHEREOF, I hereunto set my hand and official ~~ Natariel seal Linda L. Fettartwtf, Notary Public Derry 7wp-, Dauphin County My Commission Expires Nov. 8, 2003 ., August 5, 2004 Amended Custody Agreement for Tyson Lee Nerat Original Section 2 of Custody Agreement now amended to: 2. The parties shall share physical custody as follow: A. Mother and Father shall have physical custody of the child, Tyson L. Nerat, on a week on/week off basis, and shall exchange the child through daycare on Monday of each week. B. Mother shall have physical custody of the child on the Thursday night during her off week of custody. Mother shall pick up the child from daycare after work on each given Thursday of her off week of custody, and return the child to daycare on Friday morning. Should the child not be in daycare on any given Thursday or Friday during Mother's off week of custody, then pick up and/or drop off of the child shall be performed by Mother at Father's home. C. Father shall have physical custody of the child on the Thursday nights during his off week of custody. Father shall pick up the child from daycare after work on each given Thursday of his offweek of custody, and return the child to daycare on Friday morning. Should the child not be in daycare on any given Thursday or Friday during Father's off week of custody, then pick up and/or drop off of the child shall be performed by Father at Mother's home. Both patties agree to this amendment and shall have this document notarized. 0 -, `~ Mother -Aimee L. Forma G..i~ l~el' ~ er -Donald J. Nerat III ~' ~ FORM OF INDIVIDUAL ACKNOWLEDGMENT State of Pennsylvania ) County of ~'.C4 _I77 IJY'~ ~~ ) .. On this, the ~-~ day of S ~ , ~~, before me ~ ~r1 J1 ~ ~ V the undersigned officer, personal) a eared~~-~ ~}~CC ~`- }~ai'tY1~L G2YIC.~ (~n~ ~~"J Ker~~ ~ y pp ,known to me (or satisfactorily proven) to be the person whose named ~~ r~ subscribed to the within instrument, and acknowledged that ~~te executed the.same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Publi PAN-1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jenniter A Lower, Notary Pub4C Lower Allen Twp., Cumberland Cq~nty ~ iOrt Expires June Z(1, 2007 Member, Perxr$ylvan~- Assoriaticxi 0-Nof2rfes ~~ k~ C"? ""~ -n R t-' ~`- Fn ~'-. rt- ~ ; ... _,,,. '- r ~" ~ ` w~,/~ (' . ~ ~ ". ~ AIMEE FORTNA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD NERAT III DEFENDANT • 03-3808 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Friday, October 13, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Wednesday, November 15, 2006 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to 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: /s/ Melissa P. Greevy, Esq.;" ~~ 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 infoi7nation 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ a ~ ~ ~y~ p . 4 ` d f ~ ¢ Ti i~ (l 7~3 ~~ - ~ l- n/ ~O ~ ~ • r7/ `, ~ _,~ AIMEE FORTNA, Plaintiff v. DONALD NERAT, III, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3808 CIVIL ACTION -LAW CHILD CUSTODY PRAECIPE Please enter our appearance for the Plaintiff. a3 1.0 ae Attorney for Pi tiff 407 North Fro t t., First Floor Harrisburg, PA 101 (717) 23$-3686 Supreme Court I.D. # 53729 ~ r~ ~ Q ~ ~' --'~ ~r? r_ z~ a ,- ~ . ~_.. r { jV ~ ;;z7 w. -=a -~, s~` ~_ - ~ ~ - _;-r ` ~ ' ;= ~ t~ =~ = ~~~ r AIMEE FORTNA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3808 CIVIL TERM v. CIVIL ACTION -LAW DONALD NERAT I11, IN CUSTODY Defendant Hess, J. - - ORDER OF COURT AND NOW, this ~ `~ ` day of December, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Aimee Fortna and Donald Nerat 111 shall resume the status quo of shared physical custody provided pursuant to this Court's Order of September 10, 2003. 2. Father shall hold is Petition for Contempt in abeyance until February 2, 2007. If Mother continues to be in compliance with the custodial schedule, Father shall withdraw his Petition for Contempt. BY THE COURT: A. Hess, J. Dist: ~ J. Connelly, Jr., Esquire, P. O. Box 650, Hers4~rey, PA 17033 nthony T. McBeth, Esquire, 407 North Front Street, Harrisburg, PA 17101 _y._. AIMEE FORTNA, Plaintiff v. DONALD NERAT III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3808 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tyson L. Nerat December 8, 2000 Mother & Father 2. Father filed a Petition for Contempt on October 10, 2006. The last Order enter in this matter was September 10, 2003. A Custody Conciliation Conference was held on December 4, 2006 following continuances requested by Counsel. Present for the conference were: the Mother, Aimee Fortna, and her counsel, Anthony T. McBeth, Esquire; the Father, Donald Nerat 111, and his counsel, John J. Connelly, Jr., Esquire. 3. Father's position on custodv is as follows: Father reports that Mother moved to Halifax in August, 2006, and that prior to her move they had reached a verbal agreement that he would have custody every weekend during the school year and all summer, except for alternate weekends during which the child would be in Mother's custody. Subsequently, Father reports that Mother began to refuse the weekend periods of custody some time after school started. Father filed the Petition. After the Petition was filed, Mother purged her contempt by returning to the Order in October, 2006. Father continues the half-hour drive from Enola to take the child to school in Halifax. Father views Mother's decision to move to Halifax as unilateral and one that implicates his rights of legal custody. 4. Mother's position on custodv is as follows: Mother's position differs from Father's in that she did not understand that his agreement to her move was contingent upon the schedule with Father presented. However, she is now willing to continue the previous custodial in return to the status quo. NO. 03-3808 CIV1L TERM 5. The parties agree to resume the schedule and prior Order through which they shared custody in a week-on/week-off fashion. Father agreed to hold his Petition to Contempt in abeyance for sixty (60) days and take no further action provided, however, that Mother would comply with the schedule for at least that period of time. Should Mother comply with the custody Order and shared physical custody schedule, Father will withdraw his Petition for Contempt on or about February 2, 2007. Date / ~, r~..~L. Melissa Peel Greevy, Esqu~ e Custody Conciliator :288076 ~ -.. AIMEE FORTNA, Plaintiff/Respondent v. DONALD NERAT, III Defendant/Petitioner TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.03-3808 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT Please withdraw the Petition for Contempt filed on October 10, 2006, by Defendant/Petitioner, Donald Nerat, III, in the above-captioned action. JAMES, SNIITH, DIETTERICK & CONNELLY LLP Date: ~`.I ~ I ~ ~ By: ohn :` Co lly, Jr., squir tto f efendan etiti er P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 AIMEE FORTNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.03-3808 DONALD NERAT, III :CIVIL ACTION -LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for the Defendant, Donald Nerat, III, hereby certify that I have served a copy of the foregoing Praecipe on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, POSTAGE PRE-PAID Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: ~ o I ~ ~ B Y• J J o lly, Jr., Es uire for aintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 ~~ ~~- ~~ _ y, -,~ -~ ; ~ -n ~, ry ~.~ - - _.w.~ _.... • `, '_ `.. ~~ - .. - ~ 4..:a ; # --G ` CS , Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238--3686 Attorney f~:~r Plaintiff AIME1= FCIRTNA, : IN THE COURT OF COMMON PL..Ei~S OF Plaintiff : CUME3ERLAND COUNTY, PENN~I'LV~~NIA ~~. DONALD NERAT, III, Defendant NO. 03-3808 CIVIL ACTION - LAU',l CHILD CUSTODY PLAINTIFF'S PETITION TO MODIFY EXISTING CU:aTODY ORDIEF~. 1. nc~_~ parties are the parents of Tyson L. Nerat, born on Checember 8 ::~0O0 2. The=~ last Order that was entered in the captioned case was an Order ~aated SeptembE~r 10, 2003 which adopted a stipulation executed by the parties. ~~; c~:~py of the Order and stipulation is attached hereto, marked Exhibit "A" ar~d incorporat~~cl herein by reference 3. Since the entry of the September 10, 2003 Order, circumstances havE~~ c;narcged in that Plaintiff now lives in Halifax, Pennsyivani,a; this is a move that Plaintiff informed Defendant of, well before undertaking the move. 4 '~hr_3 existing Order provides for the parties sharing custody week to ~~n~~e~ek. 5 ',~Ji~`h the distance that now lies between the parties' homes; transpor~:inq the child for week to week custody has become difficult: and burdensome;. furthermor~r~, Plaintiff believes ~~nd therefore avers that: it would be in the child's best interests t~^ nc~t have to travel lone distances each day during the school year. 6. 3n terms of the travel durinct the school year, the child continues to attend school at the Halifax School District, and his father drives the child to ar7d from scho~,~l ~~uring the weeks that the child is with his father, the Defendant. 7 ~n ~riew of these circumstances, Plaintiff requests that the Court modif~e t!r~e existing Order sa that it would provide for primary physical custody w-~ith Plaintiff. ~~h~~~red legal Gusto+~y fc~r the parties (as the existing Order provides), and liberal partial ctt~,tody ~-eriods forthe Defendant; Plaintiffwould suggest three weekends per month, along wig h ~~Iternating major holidays and other standard partial custody provisions, acs Defendant's s~.hedule of partial ,u..tody. ~NF-IEREFORE, Plaintiffs request this Honorable Court to enter an Orr~er modifying the existir~g +;ustody order as requested herein, and to provide any other relie~F th~~ Court deems appropriate. ~f~ OL . -. ~ ~7 D e . ~~ ~_ ~ ~ ,h A j r nthony T. c Seth, .Attorney f P1~intiff 407 Nort Fron~ St.; First Flc;~o~r Harrisbu . PA 7101 (717 233=36~8'G~ Supreme Court I.D. # `i372'~ 2 VERIFICATION 9, ~~imee Fortna, Plaintiff in the foregoing action, w~rify that the facts sf:~t forth in the attached document are true and correct to the best of my knowledge, infarrnation and belief. I so state subject to the penalties of 18 Pa. C S. §4904 (relatinc t~~~ unsworn falsific:,ation to authorities). FEBRf!A1~'.Y 23, 2007 `O G-- ~ ,~,~,__ ___ Date Aimee Fortna z -~ 7~~ Iii. ; _ - f :, ~r lip: 'C~~~' COJ~~Z' Cr' COi~~iV=O~ ~f:~:;A,~ . C U S `COly~~~ ~!-L~t~ /~ i --- ,~ ._,f-. _~ ._._ ~?~_~~"•% 0.~~?~'~~,J t~?~t ~_~"!G ~tti~Cn~C1 CllSt~~t::f.~r l=t~"r_-~E:T'{1~nt ~?~~I. 1 `t n,~ i ~t~_~~r_ i ~ c;QOp~ErQ c~ ~ ~..CUY'% Os'Q~?", ~~ ~L 5:.'C c7~_i ~~ i~. ~_ll i i . ~1 . 1 ,w ~ ..~ , ..~... ~ t,. . , I ~ ~ _ (( sue! ~~ 1 ~ ~ M. , _ ~, . . ~. _:. L . _ _ .~ , o _ _ r -1 . - R. ~ r. ~- . a ._ _. ;r:-~~..r~i ~T .. ~. v v -. ~`,i ~ - ~'7~ ~C.I lT ~ L~ 11 ~ 1'.rr 1~`.~! 1~~ ~ ~'3i~~~ ~~~ t,.f~~~ ,~"i 'P'~ ~~.,~ a ~ t~~ e. ~_-... 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R ~.. 1"QYY" ~/ t L~ ~~ V ~ ~~~ -, r-.- ~- ~.~ -~.. -_ ~~`" a '~ rte" is __ ''o. ~~. ,.a w......_ ~' !~r l`' . --Y ~ ~a -T_ ~T J Rt Y ~ ~ ~~ ~ ~~ f~ k ~ « ~ ~' _. ~ ~ ~~ -~ ~ . ~~ ~ ~ ~ _ -~ ~ ~ ~ ~- ~ ~ ~, ~.. -` ~A cr~ ~ ~ ~ - ~- ` ~ c~ .~.~ ~ ~~, ~, ~.,.~ . ~..,..~ ~ ~. c ~' m--- ~` ~ - ~ ~,~ ~ ~ ~ ~~, _ .. tjr ~~~ ~ i ~ ~ ~ . lll,,~~~ ~ ~ ~ _.. 4,~ tti _ , . ~ ~ ,„~ ..._ . .._ fy: ~ r~ ~~ ~ ~~ ~ _..:~ ~-~- ~` -°s ~. _ C1~ ~ ~ f ~'~ f4~ '~ r-`•. ~' ~ A ~ ~~ ~ L~r A ~ ~ J ~ ~w ~! ~ ~ ~~ ~ ,..~' r-~- ___~- ~ ~ ~ c~ --- ~ ~, r.- _ ^~ ~ r -~.. r_ ~• ~ f ~ ~~ `~ j ~''( ~ l k --v+ ~"-- $t~ ~? ~ ~ ~ ~1J~ ,~-+- °'` ~ ~ .~nwe "r.w~' w~+.~ +M AIMEE FORTNA iN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 03-3808 CIVIL ACTION LAW DONALD NERAT, III 1N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March O5, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and. their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, Apri103, 200? at 12:00 PM for aPre-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, anal to enter into a temporary order. A11 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: /s/ Dawn S. Sunda Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ir~~vt~ ~~ ~ ~~ ~~rl ~ L ~ °~~ ~ ~~Y ~~~~~4~t ~I.+.r _i~i.7 JI~,L .~V QPR oa7nolo~~' AIMEE FORTNA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DONALD NERAT, III Defendant 03-3808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this f2' day of /a„~ ~ 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 10, 2003 is vacated and replaced with this Order. 2. The Mother, Aimee Forma, and the Father, Donald Nerat, III, shall have shared legal custody of Tyson L. Nerat, born December 8, 2000. 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. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. School year: During the school year, the Child shall reside primarily with the Mother and the Father shall have custody of the Child for three out of every four weekends from Friday at 5:30 p.m. through Monday morning, when the Father shall transport the Child to the school. In the event there is no school, the Father's period of custody shall end on Monday at 7:00 p.m. The three out of four weekend schedule shall begin with the Father having custody for his first weekend on Friday, Apri16, 2007. B. Summer: During the summer school break, the Child shall reside primarily with the Father and the Mother shall have custody of the Child on alternating weekends from Friday at 5:30 p.m. until Sunday at 7:00 p.m. C. Unless the exchange of custody is to take place at the Child's school as specified in this provision, the parties shall exchange custody at a half way point between their residences, which the parties agree to be Community Bank in Dauphin. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 5:00 p.m. through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. t`i,r~°~fi ,A+^-~rryy a,~3J ~~ ~~ ~~~ ~ ~ ~`~a~ GE~~~ .F w~ ~.,.' .. B. Alternatin hg olidays: In odd-numbered years, the Father shall have custody of the Child on Easter, July 4~' and Thanksgiving, and the Mother shall have custody on Memorial Day and Labor Day. In even-numbered years, the Mother shall have custody of the Child on Easter, July 4th and Thanksgiving, and the Father shall have custody on Memorial Day and Labor Day. The holiday periods of custody under this provision shall run from 10:00 a.m. unti18:00 p.m. on the holiday. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 10:00 a.m. unti18:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have custody of the Child for one uninterrupted week for vacation in the summer when that parent is off work upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule his or her vacation under this provision to include that party's regular weekend period of custody, unless otherwise agreed. 6. Neither party shall move more than 25 miles farther from the other party's residence without giving the other party at least 60 days advance written notice of the planned relocation. 7. The parties agree that they shall continue to alternate the Child exemption/credit for purposes of federal income tax returns, with the Mother being entitled to the exemption/credit in odd- numbered years and the Father being entitled to the exemptionlcredit in even-numbered years. 8. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the half way meeting place between the parties' residences, which the parties agree to be Community Bank in Dauphin with the exception of exchanges to take place at the Child's school. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This 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 mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE .~ ~~~ Kevin .-Hess J. cc: Anthony T. McBeth, Esquire -Counsel for Motha~ John J. Connelly, Jr., Esquire -Counsel for Father AIMEE FORTNA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DONALD NERAT, III Defendant Prior Judge: Kevin A. Hess 03-3808 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyson L. Nerat December 8, 2000 Mother/Father 2. A custody conciliation conference was held on April 2, 2007 with the following individuals in attendance: the Mother, Aimee Fortna, with her counsel, Anthony T. McBeth, Esquire, and the Father, Donald Nerat, III, with his counsel, John J. Connelly, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~~ l . ~ oo ~7 Date Dawn S. Sunday, Esquire Custody Conciliator Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 PO Box 1 1544 Harrisburg, PA 1 71 08-1 1 66 (717) 221-8303 (717) 221-8403 facsimile plpurdyC~purdylawoffice.com Attorney for Plaintif f AIMEE FORTNA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DONALD NERAT, III, Defendant NO. 03-3808 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of Anthony T. McBeth as counsel for the Plaintiff, and enter the appearance of Pamela L. Purdy on behalf of Plaintiff, in the abflve matter./, ,,,a ~,,, ,~_ ,_ , , ~.., . _ ., ~-. Anthony T. M, eth " PA I.D. No. 5 7 9 407 N. Front treet, First Flr. Harrisburg, PA 1 7101 ~• Pa ela L. Purdy PA ID No. 85783 308 N. Second Street, Suite 200 PO Box 1 1 544 Harrisburg, PA 1 71 08-1 544 Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that on the _~ day of 2007 a true and correct copy of the foregoing document was served by first- class mail, postage prepaid, upon the following: Anthony T. McBeth, Esquire 407 N. Front Street, First Floor Harrisburg, PA 17101 John J. Connelly, Jr., Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Pamela L. Purdy ' c~ Z. -- ~ ^~ C~J ~:~ ~ '~' 8 ~~ ~ f ' w ~.~ y i V