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HomeMy WebLinkAbout07-3330Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY ELLEN M. COLEMAN, . Defendant NO. O'1- 33 30 CUSTODY COMPLAINT 1. The Plaintiff is Scott M. Coleman (hereinafter referred to as "Father"), who currently resides at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Ellen M. Coleman (hereinafter referred to as "Mother"), who currently resides at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks shared legal and primary physical custody of the following children: NAME Tyler R. Coleman PRESENT RESIDENCE 779 Erford Road Camp Hill, PA DATE OF BIRTH 1/12/1994 Drew M. Coleman 779 Erford Road Camp Hill, PA 5/15/1997 Samantha N. Coleman 779 Erford Road 10/13/1999 Camp Hill, PA 4. The children are presently in the custody of Mother who is currently residing at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 5. During the past five years, the children have resided with the following persons at the following addresses: DATES ADDRESSES NAIVIESOFPERSONS IN HOUSEHOLD 2002-8/1/2006 779 Erford Road Mother, Father, children Camp Hill, PA and Scott Fingertooth 8/1/2006-10/2006 779 Erford Road Mother, Father and Camp Hill, PA children, Scott Fingertooth, Tammy and Randy Rager, Kailyn Rager 10/2006-1/31/2007 779 Erford Road Mother, Father, Camp Hill, PA children and Scott Fingertooth 1 /31 /07-4/2/2007 779 Erford Road Mother, Father, children Camp Hill, PA Scott Fingertooth and Randy Rager 4/2/2007-5/4/2007 779 Erford Road Mother, Father, Randy Camp Hill, PA Rager, Scott Fingertooth and children 5/4/2007-Present 779 Erford Road Mother, Randy Rager Camp Hill, PA and children 6. The Father of the children is Plaintiff who is currently residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 7. The Mother of the children is Defendant who is currently residing at 779 Erford Road. Camp Hill, Cumberland County, Pennsylvania 17011. 2 The parties are currently separated from each other. 8. The relationship of the Plaintiff to that of the children is that of Father. The Plaintiff currently resides with the following persons: NAME Scott M. Coleman RELATIONSHIP Self Tammy Rager Kailyn Rager Josh Taormina Friend Friend's daughter Friend's stepson 9. The relationship of the Defendant to the children is Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Tyler R. Coleman Son Drew M. Coleman Son Samantha N. Coleman Daughter Randy Rager Paramour 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 3 11. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. Plaintiff is providing notice of these proceedings to Scott Fingertooth at 801 Walnut Street, Apt 12, Lemoyne, Cumberland County, Pennsylvania 17043. Plaintiff has recently learned that Scott Fingertooth was told by Defendant that he (not Plaintiff) is the natural father of the children, Drew M. Coleman and Samantha N. Coleman. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff can provide a stable, loving nurturing environment for the children., Defendant has a history of violent and erratic behavior, instability and deception and is not an appropriate role model for the children. 14. 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. WHEREFORE, the Plaintiff requests the Court to grant share legal and primary physical custody of the children to the Plaintiff. Date: June 4, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY ELLEN M. COLEMAN, Defendant NO. VERIFICATION I, Scott M. Coleman, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. Dated: D &ftl? Im SCOTT M. COLEMAN ca•r l r f i +? 0 © - ?.7 ?'4 J?.7 D ? ?.x A3 SCOTT M. COLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN DEFENDANT 07-3330 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 08, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 06, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to 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/ ohn . Man an r. Es q. j)kA 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 'fir L9lJ °! AlNn- L }i :I I! V I I NX LOOZ i w Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 3330 - CUSTODY 0 ? o - ! -n ELLEN M. COLEMAN Defendant CIVIL ACTION ", 'T3 ] C, f AFFIDAVIT OF SERVICE --.....1 C I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Custody Complaint in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7004 2890 0002 8468 8417, Return Receipt Requested, on the above-named Defendant, Ms. Ellen M. Coleman, on June 7, 2007 at Defendant's last known address: 779 Erford Road, Camp Hill, PA 17011. A copy of the receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: June 8, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Postal rti -r CERTIFiED MAIL REC EIPT d) id CO 1 (Domestic Mail Only: No Ins e urance Coverage Prov ?.' .. N 11 $ WO., (070 r? N E a C Cerdw Fee 3 (Endo sementR RoBWW edl ' = I ere H }} i-lb ? j E3 (Endorsement Required) fll Total postage & Fees $ ?'- ri - ' f 9 P •1, o - ?l e r. -- ?± ------------------- --- ------------ -------- r - - or Plu am IVIL j l ty . . ZIRt4 l !? .,n 4A . I ¦ Complete items 1, 2, and & Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A. s ature D Agent Q addressee B. ived by (Pt inted Nerve) C. Date °j Delivery 71 In?n r^ W kv n r, 6 ? l d? D. Is deliwaty addles dfTraert from 1 1? D Yes If YES, enter delivery address below: D No 1 f & service 7j/pe `l l O CertMledMd O t3 reasMan 0 Reglistered 0 Return Receipt for Merohandlee ?()'l D insured and 0 aO.D. _ _ -- 4.:Res-triCted t>elMerlR (E?cEra Fee) 2. ArtkieNumber 7004 2890 0002 8468x8417 (per ftm service aw Ps Form 3811, Febnrary 2004 Dornesw-Rt Wm Receipt 102595-02-W1540 1. Ar icle addressed to: l5- f-,ilen M. C©lei y,r, ?a f-r Rcy? EXHIBIT "A" C? ' C.? .-. ?. ?1_. ?- ?? r', om T. t ' ? ? ?y 1. } ? ??? ?? ? ..gyp . ? ?- ? a -x 3 ??t SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3330 CIVIL TERM ELLEN M. COLEMAN, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Ellen M. Coleman, in the above captioned case. Respectfully submitted, a Rolst, Esquire Tillenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: (0- A l? SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3330 CIVIL TERM ELLEN M. COLEMAN, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Ellen M. Coleman, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: ? Jeygi fa H 91st, Esquire Nfi`dPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 -u C?~. G C?l i .ice ?i v SCOTT M. COLEMAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant : ACTION IN CUSTODY COURT ORDER -7 1 AND NOW, this / day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the a,4d day of 206& 3 am/pz&r in Courtroom number q in the CZ?bBerl County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. Legal custody: The Father, Scott Coleman, and the Mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94, Drew M. Coleman, born 5/15/97 and Samantha N. Coleman, born 10/13/99. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical custody: The Mother, Ellen Coleman, shall have primary physical custody of the Children, Tyler R. Coleman, born 1/12/94, Drew M. Coleman, born 5/15/97 and Samantha N. Coleman, born 10/13/99 subject to Father's partial physical custody as follows. Father shall have the Children three weekends per month from 8:00 am Saturday morning until Monday morning whereby Father shall drop the Children off at school. Father shall have the Children for a two V 1{tiVr IS,islN= ,,4 91 :DI WV L 1 190 LOOZ rtzl??CiiU _U :lHl JO 33,'.-?;?-?3i13 L week block from July 21, 2007 through August 6, 2007. Father's weekend schedule shall commence August 18, 2007 through August 20, 2007. Father's next weekend shall be August 25, 2007 and then on September 1, 2007. Mother shall have the following weekend. Essentially, Father has three weekends in a row followed by one for Mother. This schedule shall continue pending further Order of Court. The Father shall have additional periods of physical custody by mutual agreement. 4. Transportation: Father shall provide all transportation until Mother has an available vehicle. At that point, the parties shall share transportation for the exchanges and the custodial parent shall transport the Children. 5. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 6. Holidays: Holidays shall be mutually agreed upon by the parties; in the absence of agreement, the parties shall conduct a holiday schedule as attached. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. 9. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Cc: Barbara Sumple-Sullivan, Esquire Jessica Holst, Esquire John J. Mangan, Esquire HOLIDAYS AND TOMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving is From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1 S Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3330 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody o Tyler R. Coleman 1/12/94 Primary with Mother Drew M. Coleman 5/15/97 Primary with Mother Samantha N. Coleman 10/13/99 Primary with Mother 2. A Conciliation Conference update was held on July 20, 2007 with the following individuals participating: The Father, Scott Coleman, with his counsel, Barbara Sumple-Sullivan, Esquire The Mother, Ellen Coleman, with her counsel, Jessica Holst, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody of the Children. Paternity of Drew and Samantha is in dispute at this time. However, Scott Coleman is the presumptive Father and asserts that he views all three Children as his own. Father asserts that the Children have primarily resided in the marital residence where he currently resides up until the Mother and Father's separation. Father asserts that he is better able to offer the Children a stable home environment. 4. Mother's position is as follows: Mother seeks shared legal custody and primary physical custody of the Children. Mother has concerns regarding Father's work schedule because he works third shift. Mother states that she has been the primary care-giver for the Children for all of their lives. Mother states that she is better able to assist the Children with the school work and that she is able to give the Children a stable home environment. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court granting Mother and Father shared legal custody and Mother to have primary physical custody subject to Father's partial physical custody as outlined. It is the Conciliator's belief that this J ? ? v would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: ( - Jo J. angan, Esquir C stody Conciliator SCOTT M. COLEMAN Plaintiff, VS. ELLEN M. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3330 CIVIL TERM IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Ellen M. Coleman, pursuant to Pa.R.C.P. 1012, and in support therefore avers the following: 1. MidPenn Legal Services agreed to represent Defendant, Ellen M. Coleman, at a custody conciliation and if necessary, at a custody hearing in Common Pleas Court. 2. Defendant resides at 779 Erford Road, Camp Hill, PA 17011. 3. MidPenn Legal Services represented Defendant at a custody conciliation on July 20, 2007. Since the parties were unable to reach an agreement regarding a custody schedule, the conciliator filed a recommended order which was entered by The Honorable Judge Kevin A. Hess on October 15, 2007. 4. Representation of Defendant by undersigned counsel has become unreasonably difficult due to the Defendant's unwillingness to follow counsel's advice. 5. In addition, undersigned counsel and Defendant have a fundamental disagreement as to how the representation should proceed which, despite repeated attempts, has been unable to be resolved. 6. The attorney/client relationship between the undersigned and Defendant has been irreparably harmed and the undersigned is unable to effectively represent Defendant through the completion of this matter. 7. Undersigned counsel has good cause to withdraw as counsel for Defendant, pursuant to Rule 1.16(b)(4), (6) and (7) of the Pennsylvania Rules of Professional Conduct. 8. A custody hearing is not scheduled in this matter until March 5, 2008. Permitting MidPenn Legal Services to withdraw at this time would neither unduly prejudice nor have a materially adverse effect on Defendant's interests and would allow her sufficient time to obtain alternative counsel. 9. Counsel has contacted, Attorney Barbara Sumple-Sullivan, counsel for Plaintiff, who does concur with the relief requested provided the custody hearing can proceed as scheduled. 10. Counsel has contacted Defendant, Ellen M. Coleman, who does not concur with the relief requested. WHEREFORE, MidPenn Legal Services requests the Court to grant its Petition For Leave to Withdraw. Respectf lly Submitted, Je ica Ho st, Esquire 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 1.11.01 Jessica Holst, Esquire SCOTT M. COLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-3330 CIVIL TERM ELLEN M. COLEMAN, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition for Leave to Withdraw on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Barbara Sumple-Sullivan, Esquire Ellen M. Coleman 549 Bridge Street 779 Erford Road New Cumberland, PA 17070 Camp Hill, PA 17011 Date: 1'11 • at MidPenn Legal Services, Inc. ilk, - ssica Holst, Esquire NfidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 f7l DO SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3330 CIVIL ELLEN M. COLEMAN, Defendant IN CUSTODY IN RE: PETITION FOR LEAVE TO WITHDRAW ORDER AND NOW, this Z 7.r'' day of January, 2008, a rule is issued on the defendant to show cause why the relief requested in the within petition ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, w O N a ?, a M c' cru ti V VJI SCOTT M. COLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 07-3330 CIVIL TERM ELLEN M. COLEMAN :IN CUSTODY Defendant Petition to Retain Counsel Petitioner, Ellen Coleman, hereby petitions to retain MidPenn Legal Services as counsel to represent her in the above stated case, and in support therefore avers the following: 1. MidPenn Legal Services agreed to represent the Defendant, Ellen M. Coleman at a custody conciliation and if necessary, at a custody hearing in Common Pleas Court. 2. Defendant resides at 779 Erford Road, Camp Hill, PA 17011. 3. MidPenn Legal Services represented Defendant at a custody conciliation on July 20, 2007. Since the parties were unable to reach an agreement regarding a custody schedule, the conciliator filed a recommended order which was entered by The Honorable Judge Kevin A. Hess on October 15, 2007. 4. The Defendant has done everything that counsel has advised her to do even if they have had a difference of opinion on things. Defendant has done nothing to purposely jeopardize this case for counsel. 5. MidPenn Legal Services has postponed the original court hearing date without consulting with the Defendant and should hereby be required to follow through with the case. 6. Defendant has a right to be represented by counsel at the hearing and the Defendant cannot afford another attorney. 7. After January 31, 2008 Defendant cannot obtain counsel because new counsel cannot be prepared to present the case within the time frame of the hearing date in March. Defendant has already looked into retaining other counsel on this case, but has been told same. 8. Counsel and Defendant have disagreed on some of the issues at hand but the defendant has never gone on her own and not followed counsels advice. Defendant has not caused any harm to the representation of this case for counsel. 9. A custody hearing is scheduled in this matter on March 5, 2008 and allowing MidPenn Legal Services to withdraw would adversely effect the Defendant's interests due to the fact she cannot afford other counsel or cannot obtain other counsel for this case after January 31. 2008. WHEREFORE, Ellen M. Coleman requests the Court not grant the Petition For Leave to Withdraw by MidPenn Legal Services. Respectfully Submitted, x ?A4,m? Ellen M, Coleman Defendant 779 Erford Rd. Camp Hill, PA 17011 VERIFICATION I verify the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statements would subject me to the penalties of 18 PaC.S. 4904, relating to unswom falsification to authorities. -DR ?Iihm Date: 12 M- WUen A Coleman SCOTT M. COLEMAN Plaintiff VS. ELLEN M. COLEMAN Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-3330 CIVIL TERM :IN CUSTODY CERTIFICATE OF SERVICE I, Ellen M. Coleman, Defendant hereby certify that I have served a copy of the foregoing Petition to Retain Counsel on the following date and in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 2 _ d b Date: C2 -?-09- Jessica Holst, Esquire Jessica MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (jUen M. Coleman Defendant 779 Erford Rd. Camp Hill, PA 10711 N F ?+ ))?? I 41 ? ' + ?l y 1 p c3 6 y'"1 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY ELLEN M. COLEMAN, Defendant NO. 07-3330 ANSWER TO PETITION FOR LEAVE TO WITHDRAW 1. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. 2. Admitted. 3. Admitted. 4. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. However, Plaintiff asserts that Defendant's actions throughout this litigation have been contrary to the agreement of the parties and motivated to cause extensive legal costs for Plaintiff. 5. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. 6. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. 7. Denied. Paragraph 7 is a conclusion of law to which no responsive pleading is required. 8. Admitted in part. Denied in part. It is admitted that a custody hearing is scheduled on March 5, 2008. The remainder of the paragraph is denied since Respondent is without information sufficient to form a belief as to the truth of the averment. It is specifically averred, that Plaintiff objects to the withdraw request of Ms. Holst if said withdrawal shall cause any delay in the proceedings, including a change in the date for hearing set on March 5, 2008. Failure of Ms. Coleman to have counsel or the need to secure counsel should not be grounds for any continuance. If the Court determines it is good cause, the withdrawal should not be allowed. 9. Admitted. 10. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. 2 WHEREFORE, Plaintiff concurs with the withdrawal of Jessica Holst, Esquire provided that her withdrawal does not delay these proceedings, including the custody hearing scheduled for March 5, 2008. Dated: February 12, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY ELLEN M. COLEMAN, Defendant NO. 07-3330 VERIFICATION I, Barbara Sumple-Sullivan, Esquire, am the attorney for Scott M. Coleman, from whom verification cannot be obtained within the time allowed for filing of this Answer. Therefore, I hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Scott M. Coleman to make this Verification and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge) information and belief. JJ Dated: °?? a lU Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY ELLEN M. COLEMAN, Defendant NO. 07-3330 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I hand delivered a true and correct copy of Answer to Petition for Leave to Withdraw, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATE: February 12, 2008 Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 z Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff r-? 0 .C co SCOTT M. COLEMAN Plaintiff, VS. ELLEN M. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3330 CIVIL TERM IN CUSTODY PETITION TO MAKE RULE ABSOLUTE Petitioner, MidPenn Legal Services, hereby petitions to make the rule absolute and in support therefore avers the following: 1. On January 17, 2008, Petitioner filed a Petition for Leave to Withdraw seeking to be relieved from further representation of the Defendant, Ellen Coleman. 2. On January 23, 2008, the Honorable Judge Hess issued a Rule Returnable twenty (20) days from service. 3. Service was completed on January 26, 2008, to Defendant. (See return receipt signed by Defendant and attached hereto as Exhibit A). 4. Petitioner also served counsel for Plaintiff and received Plaintiff's response on February 13, 2008. 5. Defendant's twenty (20) days to respond to the Rule expired on February 15, 2008. 6. By the close of business on February 15, 2008, the undersigned had received no response from Defendant. WHEREFORE, Petitioner asks that this Court make the Rule absolute and grant Petitioner's request to withdraw from further representation of Defendant. -- Jes#4 Holst, Esquire 401 East Louther Street Carlisle, PA 17013 SCOTT M. COLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-3330 CIVIL TERM ELLEN M. COLEMAN, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition to Make Rule Absolute on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Ellen Coleman 779 Erford Road Camp Hill, PA 17011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: MidPenn Legal Services, Inc. jJess PenntetggaI , Esquire Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to; cprlo till P" 101+ A. S' ture X - j? Yl a U,y? C3 Agent X (?"?G Address B. R7ived by Hied Name) C. Pate of alive 4rt 1 i 'Y(. n D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: 0 No 3. Service Type certified Mail 13 Express Mail 0 Registered O'netum Receipt for Merahandisl ? insured mail O C.O.D. 4. Restricted Delivery? (Extra Fee) Bows 2. Article Number 7005 0390 0003 2637 3035 (Transfer from servke 1aW PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • ?, D ????i? LLG ML .SLRdic f3 ?-?/+v! t Lvv71i t2 S7 ,113 !IIIIIlIIIIII) 1)III liIfill IIllifIIII)IIIIIL11111111LjIIllIIIl E>0081 1-T 1? t1 r "1 T" D Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY ELLEN M. COLEMAN, Defendant NO. 07-3330 PETITION FOR CONTEMPT 1. Petitioner is Plaintiff, Scott M. Coleman, an individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Defendant, Ellen M. Coleman, an individual residing at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. The parties were married on September 12, 1990 and separated May 4, 2007. 4. Petitioner and Respondent are the natural parents of one (1) minor child, being, Tyler R. Coleman (born January 12, 1994). Additionally, Respondent is the natural mother of two (2) minor children who were born during the marriage, being, Drew M. Coleman (born May 15, 1997) and Samantha N. Coleman (born October 13, 1999). Petitioner only recently became aware that the two younger children were not his natural children. This fact was confirmed by genetic testing, ordered through the Domestic Relations Office after an Order for same was entered by Judge Guido. Throughout the party's marriage and presently, Respondent stood in loco parentis to Respondent's two minor children believing they were his natural children. 5. On or about June 5, 2007, Petitioner filed a Custody Complaint seeking shared legal and physical custody of the children. 6. A Custody Conciliation was held on July 20, 2007 with Custody Conciliator, John J. Mangan, Jr., Esquire, and in consideration of the Conciliation Conference Summary Report, an Order was entered on October 15, 2007. A true and correct copy of said Order is attached hereto as Exhibit A and is incorporated herein by reference. The Order differed slightly from the agreement reached at the conciliation concerning Saturday morning exchange time. Because it took so long to get the Order, the parties have always utilized 8:30 a.m. in lieu of 8:00 a.m. as set forth in the Order. 7. The October 15, 2007 Order scheduled a custody hearing for January 2, 2008. This hearing has been rescheduled to March 5, 2008 to allow the children to consult a psychological counselor in advance of the hearing due to all changing circumstances in their life. Pending hearing, the Order provides for a shared legal custody arrangement, primary physical custody in Respondent and partial physical custody in Petitioner. 2 8. Paragraph 3 of the Order specifically provides: 3. Physical Custody. The Mother, Ellen Coleman, shall have primary physical custody of the Children, Tyler R. Coleman, born 1/12/94, Drew M. Coleman, born 5/15/097 and Samantha N. Coleman, born 1/13/99 subject to Father's partial physical custody as follows. Father shall have the Children three weekends per month from 8:00 a.m. Saturday morning until Monday morning whereby Father shall drop the Children off at school. Father shall have the Children for a two week block from July 21, 2007 through August 6, 2007. Father's weekend schedule shall commence August 18, 2007 through August 20, 2007. Father's next weekend shall be August 25, 2007 and then on September 1, 2007. Mother shall have the following weekend. Essentially, Father has three weekends in a row followed by one for Mother. This schedule shall continue pending further Order of Court. The Father shall have additional periods of physical custody by mutual agreement. 9. Respondent continues to be in violation of paragraph 3 of the current Court Order by bringing the children to the custody exchange approximately ten to fifteen minutes late each day from the agreed upon time and forty-five minutes late from the time in the Order. 10. Additionally, on February 2, 2008, Respondent willfully failed to comply with paragraph 3 of the current Court Order by not brining the children to the designated exchange site. Instead, Respondent brought the children to Petitioner's residence at 2:47 p.m., almost seven hours late. No calls were made to Petitioner to advise that the children would not be at the exchange or that the children would be dropped off at Respondent's residence at a later time. Petitioner accepted custody. 3 11. During the weekend of February 16, 2008, Respondent did not provide the child, Samantha for custody and also planned activities for the boys at her home on Sunday to cause a disruption of Petitioner's custodial period. 12. Further, paragraph 5 of the Order specifically provides: 5. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 13. The parties had come to an agreement, with the assistance of their counsel, that phone calls would take place at 4:30 p.m. when the children are in Respondent's custody and 9:00 p.m. when the children are in Petitioner's custody. 14. On or about January 20, 2008, Respondent was leaving numerous harassing text messages on a cell phone that was purchased by Tammy Rager, a third party, for Petitioner to use. Because of the nature of the text messages, Respondent was told to stop contacting that cell phone. Respondent's return message was: "Tell scott no phone no calls 4 the next 2 wks works 4 me. " Petitioner's response was: "Calls will be made to the children at 430 each day as scheduled. Udon't need 2 make any calls until anew number is attained. Thank you. " Respondent text messaged back: "There all no changes in calls my calls my call will b at 9 2nite and no numb 4 scott no calls 2 him now leave me alone u black man lover child murder" 15. Petitioner made calls to Respondent in accordance with the agreement at the specified 4 time. 16. Respondent has failed to allow Petitioner telephone access to the children to call Petitioner. 17. Respondent has been in violation of Paragraph 5 of the Order since January 20, 2008. Petitioner has attempted to have telephone contact with the children on a daily basis since that time, calling approximately two times each day. Respondent has denied Petitioner all telephone contact by ignoring all calls and not returning messages. It is believed that Respondent's actions are a result of Petitioner requesting she cease all harassing text messages to his cell phone as quoted in paragraph 13 above. 18. Paragraph 8 of the Order specifically provides: 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. 19. Respondent has violated paragraph 8 by her statements she would tell the children certain things about Petitioner. This was brought to Petitioner's attention by a text message from Respondent after a disagreement when Petitioner had custody of the child, Samantha, on her birthday and planned a party for her, but Respondent also planned a birthday party on the same day. At this time they also disagreed on who would pay for Respondent's 5 birthday party for the child and the other children's basketball costs. Respondent's text message specifically stated: "Ur wrong the support order only covers basic needs housing utilities food not extra things better check and that s fine 1 will let sammi know she can't have her party cuz of u she already hates u 4 not taking her sat and Ill let the boy s know they can t play bball cuz of u they will c what kind of father u r and if sammi isn t w me 4 her bday u ll have 2 bring her 2 her party cuz she knows exactly when it is and I m sure she ll never 4give u not 2 mention everyone will finally c u 4 the ass u r but like I said it s all about u and how u think u can get 2 me cuz ur setflsh. " It is completely inappropriate of Respondent to involve the children in these issues. 20. Respondent is making this current custodial situation very stressful for Petitioner and the children. She continues to act in inappropriate ways towards the children which are not in direct contempt of the Orders, but are completely unacceptable. These are as follows: a. On or about November 8, 2007, Respondent unilaterally cancelled the counseling sessions for the children with Guidance Associates, which had been scheduled well in advance. She then proceeded to misrepresent the reason for the termination of the appointment. Petitioner and his counsel ultimately secured the children's attendance. b. On December 18, 2007, while the parties and the children were attending the court ordered genetic testing, the child, Drew, attempted to sit with Petitioner, but was instructed by Respondent to move away and sit with her. c. On or about January 4, 2008, Respondent disclosed the results of the genetic 6 testing to the children that Petitioner was not their biological father, and advised them to call Petitioner by his first name, "Scott" in lieu of "Dad." d. On January 20, 2008, the child, Samantha, requested she call Respondent to ask for a password for a computer animal she had. The phone was on speaker and upon her asking for the password, Respondent asked the child why she was not a church Sunday morning. The child replied that she did not know. Respondent then told the child that she would tell on her to her teacher at school, Miss. Casey, on Tuesday morning. This made the child very upset and she started to cry. Petitioner then intervened and ended the call. Petitioner had to explain to the child that she did not do anything wrong, it was Petitioner's decision due to the conflicting basketball schedule of Tyler. 21. Petitioner's counsel has attempted to address these issues with Respondent's counsel in an effort to cease her inappropriate behavior. It is believed and averred that these are some of the reasons for Respondent's counsel's request for withdrawal. 22. Despite the attempts of Petitioner's counsel, Respondent continues to act without regard to the custody order and the emotional wellbeing of the children. 23. A custody hearing is scheduled for March 5, 2008 before the Honorable Judge Kevin A. Hess. Given the close proximity of the hearing, it is requested that the matter be adjudicated at the same hearing. 7 24. Petitioner requests this Honorable Court schedule make up time for time lost with the children on February 2, 2008. 25. Petitioner requests daily telephone access to the children at 4:30 p.m. 26. Petitioner also requests this Honorable Court enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition which fees shall be at least Five hundred dollars ($500.00). 27. Petitioner also requests this Honorable Court hold Respondent in contempt and fine and/or otherwise incarcerate Respondent for said contempt. 28. The Honorable Judge Kevin A. Hess was previously assigned to the custody matter and The Honorable Judge M.L. Ebert and Judge Edward E. Guido were both previously assigned to the support action between the parties. 29. No concurrence of counsel for Respondent has been received, but a copy has been provided to her. 8 WHEREFORE, Petitioner requests that make up time be scheduled for Petitioner for time lost with the children, that Petitioner be given telephone access to the children, Respondent be responsible for counsel fees incurred in the preparation, filing and hearing on this Petitioner and Respondent be held in contempt of court and fined and/or otherwise incarcerated. Respectfully DATE: February 20, 2008 Barbara`,zWe-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 9 EXHIBIT "A" SCOTT M. COLEMAN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this ij day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody 200at Hearing is hereby scheduled on the oZiid day of arg"gq 3 U am/p* in Courtroom number Z in the CdmberlatQ County Court of Common Pleas, Carlisle, PA 17013 at v?hich time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. Legal custody: The Father, Scott Coleman, and the Mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94, Drew M. Coleman, born 5/15/97 and Samantha N. Coleman, born 10/13/99. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical custody: The Mother, Ellen Coleman, shall have primary physical custody of the Children, Tyler R. Coleman, born 1/12/94, Drew M. Coleman, born 5/15/97 and Samantha N. Coleman, born 10/13/99 subject to Father's partial physical custody as follows. Father shall have the Children three weekends per month from 8:00 am Saturday morning until Monday morning whereby Father shall drop the Children off at school. Father shall have the Children for a two week block from July 21, 2007 through August 6, 2007. Father's weekend schedule sal commence August 18, 2007 through August 20, 2007. Father's next weekend shall be August 25, 2007 and then on September 1, 2007. Mother shall have the following weekend. Essentially, Father has three weekends in a row followed by one for Mother. This schedule shall continue pending further Order of Court. The Father shall have additional periods of physical custody by mutual agreement. 4. Transportation: Father shall provide all transportation until Mother has an available vehicle. At that point, the parties shall share transportation for the exchanges and the custodial parent shall transport the Children. 5. Telephone contact between the Children and the non-custodial parent shall be liberal as agreed upon between the parties. 6. Holidays: Holidays shall be mutually agreed upon by the parties; in the absence of agreement, the parties shall conduct a holiday schedule as attached. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other parry. 4. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Cc: Barbara Sumple-Sullivan, Esquire Jessica. Holst, Esquire John J. Mangan, Esquire J. L9CL ?0%x/07 ` t F Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant CIVIL ACTION - CUSTODY NO. 07-3330 VERIFICATION I, Scott M. Coleman, hereby certify that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 4 Date: 7 '3aiO? SCOTT M. COLEMAN w . a a, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by via facsimile and United States first-class mail, postage prepaid, addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 DATE: February 20, 2008 : CIVIL ACTION -CUSTODY : NO. 07-3330 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner C rte' ? - 01 n ? 9 c ? r E t lr : Q , O W 27 < l SCOTT M. COLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN DF,FENDANT 2007-3330 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 31, 2008 at 9:00 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. 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/ john . Mangan, r. 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 ?? ?.?; -„? SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3330 CIVIL ELLEN M. COLEMAN, Defendant IN CUSTODY ORDER AND NOW, this 'O day of March, 2008, it is ordered and directed that the parties share, equally, the cost of the testimony of the children's counselor/therapist given at the hearing on March 5, 2008. ? Barbara SumPle-Sullivan, Esquire For the Plaintiff c/ Jessica Holst, Esquire For the Defendant rlm C1 Igs m.-a ILL 21, 0/03 BY THE COURT, Kev' A. Hess, J. mno F, S .E 14J 01 M OOOZ SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-3330 CIVIL ELLEN M. COLEMAN, Defendant : IN CUSTODY ORDER AND NOW, this Z,7' day of March, 2008, following hearing and consideration of the testimony adduced, it is ordered and directed that: 1. The father, Scott Coleman, and the mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The mother, Ellen Coleman, shall have primary physical custody of the children, Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99, subject to father's partial physical custody as follows: Father shall have the children three weekends per month from 8:00 a.m. Saturday morning until Monday morning when father shall drop the children off at school. The father shall have additional periods of physical custody by mutual agreement. 3. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. 4. Holidays shall be mutually agreed upon by the parties and, in the absence of agreement, the parties shall adhere to the holiday schedule as set forth in the order of October 15, 2007. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 7. The parties may modify this order by mutual agreement in writing. In the absence of mutual consent, the terms of this order shall control. 8. The question of custody/partial custody during the summertime is referred to conciliation and, specifically, for consideration at the conference set for Monday, March 31, 2008. BY THE COURT, Kevi A. Hess, J. O? (1 '??,r LZ ??Z ZIA! ,/Barbara S umple- Sullivan, Esquire For the Plaintiff VIessica Holst, Esquire For the Defendant ,,?ohn Mangan, Esquire Conciliator Am LIAR b Y 20pg 01., SCOTT M. COLEMAN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this 3"' day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Order of Court dated March 27, 2008 shall remain in full force and effect with the following modifications. 2. Father's Petition for Contempt is hereby held in abeyance with the full understanding that Father's issues raised therein have not been fully resolved. Should either party not fully and faithfully abide by the terms of this Order of Court, a Contempt hearing shall be scheduled accordingly and substantial attorney fees be awarded to the prevailing party. 3. In regard to paragraph 2 of the Order dated March 27, 2008, all aspects shall remain in place with the modification that during the school year, Father shall pick up the Children three weekends per month on Saturday 8:00 am at Mother's residence until Monday morning when Father shall drop the Children off at school. Mother shall ensure that the Children are prepared and ready to begin Father's custodial period on Saturday 8:00 am. 4. In regard to paragraph 3 of the Order dated March 27, 2008, when Mother has physical custody of the Children, Father shall have telephone contact with the Children at 4:00 pm and when Father has physical custody of the Children, Mother shall have telephone contact at 9:00 pm. 5. Summer schedule: Commencing 2008, the first Saturday after school lets out (excluding summer school), Father shall have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. Mother shall then have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. (A week on/week off summer schedule). The exchange locations shall be at the respective parent's residence with the non-custodial parent picking up the Children. 6. Mother shall on August 8, 2008 pick the Children up on Friday at 5:30 pm so that she can prepare for her vacation with the Children. In return, Father shall have physical custody of the Children Tuesday August 19, 2008 at 10:00 am until Wednesday August 20, 2008 at 5:00 pm. 7. On May 3, 2008, Mother shall have physical custody of the Children from 8:00 am until 9:00 pm and in return, Father shall have physical custody of the Children from 8:00 am until 9:00 pm on May 17, 2008. 8. On April 13, 2008, Mother shall have physical custody of the Children at 9:00 am and in return, Father shall have physical custody of the Children from April 20, 2008 9:00 am until Monday morning April 21, whereby Father shall drop the Children off at school. 9. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional as long as the cost of said counseling is covered primarily through insurance. The "out of pocket expenses" of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 10. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY T COURT red Cc: Barbara Sumple-Sullivan, Esquire Jessica Holst, Esquire ,.,,'fohn J. Mangan, Esquire a-of (&XL ?/?3?/0M0 J. e, cf ? ?J ?`° v t ti 1 71 SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3330 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tyler R. Coleman 1/12/94 Primary with Mother Drew M. Coleman 5/15/97 Primary with Mother Samantha N. Coleman 10/13/99 Primary with Mother 2. A Conciliation Conference was held on July 20, 2007 and an Order of Court issued October 15, 2007. A custody hearing was held before the Honorable Kevin A. Hess, J. on March 5, 2008 and an Order was issued March 27, 2008. Father had filed a Petition for Contempt and a Conciliation Conference was held March 31, 2008 with the following individuals participating: The Father, Scott Coleman, with his counsel, Barbara Sumple-Sullivan, Esquire The Mother, Ellen Coleman, with her counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: ---- John Mangan, Esq Cu ody onciliator Scott M. Coleman Plaintiff V. Ellen M. Coleman Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :DOCKET NO. 07' 33_?o PETITION FOR RECONSIDERATION OF CUSTODY ORDER 1. Petitioner is Ellen M Coleman is defendant in the custody complaint and resides at 779 Erford Rd. Camp Hill, Pa 17011. 2. Respondent is Scott M.Coleman is Plaintiff in the custody complaint and resides at 195 Beagle Club Rd. Carlisle, PA 17013. 3. Petitioner's relationship to the following minor children is MOTHER. Tyler Ryan Coleman D.O.B 1/12/1994 Drew Michael Coleman D.O.B. 05/15/1997 Samantha Nicole Coleman D.O.B. 10/13/1999 4. Respondent's relationship to the children is FATHER of Tyler Ryan Coleman and in LOCO PARENITS standing of Drew Michael Coleman and Samantha Nicole Coleman. 5. On March 27, 2008, this Court entered an Order providing the following custody Arrangement: A true and correct copy of the Order is attached. 6. Petitioner requests reconsideration of the Order for the following reasons: A. Mother should retain all legal custody of Drew and Samantha for facts that all support for these children are paid by Ellen Coleman and there is no support paid by Scott Coleman. All legal decisions concerning the children should be left to the mother because in fact all legal decisions concern some type of financial support and in absence of court ordered support from Scott Coleman there cannot be a harmonious agreement as to legal decisions of these two minor children. Mr. Coleman claims not to hold the children out as his own and in the absence of him holding the children to be his own he cannot make proper legal decisions in the best interests of these minor children. B. The time with only these minor children should be reduced as there is no parent /child relationship to foster between these children and Mr. Coleman, but these two minor children have 2 new siblings that they have the right to form a bond with in a proper family relationship. As well as the issue of support, Mr. Coleman does not provide any type of financial support on these children and has fought not to provide support on these children and has treated these children differently than he has his biological son when it comes to money issues. C. The court must also take into consideration that there is a man who has come forward and testified that these minor children are his and if he is held responsible to provide support on these minor children Mr. Coleman cannot be in the involved in the decision making process of these children with someone else's money. It is unfair to expect Mr. Coleman to be able to make a proper and responsible legal decision on these children if there is no finically accountability on his part. D. The court must also be aware that Ms. Coleman has never involved Mr. Coleman in the legal decision process of these minor children. It is evident that Mr. Coleman has never had an interest in making legal decisions involving these minor children as he has never attended a school conference or doctor's appointment when it was involving any of the children. E. Summer's with all three minor children should also be reconsidered due to the fact that because Mr. Coleman is not paying support for Drew and Samantha Ms. Coleman has to take on all costs associated with these children and on the weeks Ms. Coleman will have them they will be enrolled in a Summer Camp Program and there are no Programs in the area in which the children will be allowed to participate on a week on week off process, therefore Ms.Coleman will be responsible to pay all of the out of pocket expenses for the weeks in which Mr. Coleman is in custody of these two minor children and it is unfair to put the burden solely on Ms. Coleman if Mr. Coleman is benefitting from this time because there is no finically accountability of Mr. Coleman. The summer's should also be reconsidered for all three children as Mr. Coleman works from 4:00 P.M. until sometime around 3:00 A.M. to 5:00 A.M. and there is no responsible adult who will be able to provide care for these children, while Mr. Coleman is at work. Mr. Coleman will have you believe that his girlfriend, Ms. Rager can care for these children but that is just simply untrue as Ms. Rager does not return home from work until at least 5:30 and the children will have no one to care for them between the hours that Mr, Coleman leaves for work and the time Ms. Rager arrives home. They will lead the court to believe that they can meet for the exchange at Mr. Coleman's work but the children will have to wait in the car in the parking lot of Mr. Coleman's work for at least an hour in the hot summer months alone, which has already happened last summer when Mr. Coleman had custody of these children for his two weeks, and Ms. Coleman has evidence of this happening because Mr. Coleman left Ms. Coleman a voice message on her voice mail stating this is what had to happen because Ms. Coleman has a problem with these children being left alone at Ms. Rager's home, in which she has saved.. Mr. Coleman may also try to have the court believe that there is another responsible adult by the name of Mr. Fingerhoot that can care for the children in Ms. Rager's home until she arrives home and this is just simply untrue as well because Mr. Fingerhoot has a second job and has already had an altercation with the oldest child, in which the child was charged, as well as the fact that Mr. Fingerhoot has a strong disliking to the couples' oldest child, and cannot care for this child without having problems with him There is just simply no supervision in the home when Mr. Coleman is not there to retain the custody of these children. The children will end up in trouble during the hours that Mr. Coleman is not there to care for these children. In fact, the oldest child was involved in an altercation with Mr. Fingerhoot while he was in the care of both Ms. Rager and Mr. Fingerhoot. F. Petitioner requests his reconsideration due to the following reasons: a. The Court did not consider all of the testimony and evidence presented regarding this case. b. I was unable to fully present my case due to being denied the right to have my witness testify as to the well being they have witnessed when these children are in the care of Mr. Coleman, as well as certain testimony or evidence was not presented as the defendant's attorney did not feel it was relaxant information. 7. Petitioner respectfully suggest that this Court reconsider its Order and take the following action: A. Grant mother sole legal custody for the minor children Drew Coleman and Samantha Coleman, and dissolve all legal rights for Scott Coleman for these children only. Allow Ms. Coleman to have the sole legal rights to make decisions on these children only as she is the only person providing support for these children and can be the only one to make the proper legal decisions involving these children. B. The time that is spent with Mr. Coleman (during the school year) and the two minor children Drew Coleman and Samantha Coleman should be reduced to one weekend a month and the mother should retain custody of these two children the other three weekends. This will allow them to foster the natural relationship with their natural mother and their two new siblings, as well as maintain a stable home environment, which cannot be achieved in Mr. Coleman's home. C. As far as the summers, with the two minor children Drew and Samantha Mr. Coleman should only be allowed to have the children on his two vacation weeks, as these are the only weeks that he will be able to provide supervision with these children without leaving them home alone or sleeping all day while the children are there. This will also provide that the children will be able to participate in the Summer Camp Program in which they will be afforded the opportunity to take many field trips and day trips with the camp, as well as spend the summer with the friends they have had for years that Ms. Coleman is responsible to pay for on her own as she is the only one standing in finical support of these two children. Mr. Coleman should be allowed to have his only biological child, Tyler, every other week and bring him back to his mother's home on his way home to work each evening during his custody week, as mother will be able to provide supervision for this children on a regular basis without bias. This arrangement will still allow Mr. Coleman the opportunity to develop the parent/child relationship with his only biological child in the relationship with Ms. Coleman. Mr. Coleman can pick Tyler up at his mother's home each day during his custody week at 8:00 A.M. eUkQ 6kjvv? Lt -iLj -off SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW - NO. 07-3330 CIVIL ELLEN M. COLEMAN, Defendant IN CUSTODY ORDER AND NOW, this z 4' day of March, 2008, following hearing and consideration of the testimony adduced, it is ordered and directed that: 1. The father, Scott Coleman, and the mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The mother, Ellen Coleman, shall have primary physical custody of the children, Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99, subject to father's partial physical custody as follows: Father shall have the children three weekends per month from 8:00 a.m. Saturday morning until Monday morning when father shall drop the children off at school. The father shall have additional periods of physical custody by mutual agreement. 3. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. 4. Holidays shall be mutually agreed upon by the parties and, in the absence of agreement, the parties shall adhere to the holiday schedule as set forth in the order of October 15, 2007. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 7. The parties may modify this order by mutual agreement in writing. In the absence of mutual consent, the terms of this order shall control. 8. The question of custody/partial custody during the summertime is referred to conciliation and, specifically, for consideration at the conference set for Monday, March 31, 2008. BY THE COURT, 11,1114 A. Hess, J. TAUS COPY FROM RECORD i Testimony whereof, 1 here unto sgt my hand Scott M. Coleman :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION-LAW Ellen M. Coleman :DOCKET NO. Defendant CERTIFICATE OF SERVICE I certify that a true and correct copy of the Rule to Show Cause, Order and Petition for Reconsideration filed by Petitioner and scheduling a hearing for the day of ,20 in Courtroom at 1 Courthouse Square, Carlisle, PA was served upon Respondent in the above case by: In person by Petitioner and First Class mail, postage prepaid, and certified mail, return receipt requested at the following address: Scott M. Coleman And Barbara Sumple Sullivan 195 Beagle Club Rd 549 Bridge Street Carlisle, PA 17013 New Cumberland, PA 17070 Attorney for Plaintiff I certify that this service was made on the day of .20 e 'tioner VERIFICATION I verify that the statements made in this Petition for Reconsideration are true and cones to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date ' 1 Lf _ O6 - , ('&.?p (Ellen M. Coleman Petitioner IQ A M1 Y SCOTT M. COLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN DEFENDANT 2007-3330 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 28, 2008_ ___._ at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john j. Mangan, Jr., E 9 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 G -lo-<',? Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY ELLEN M. COLEMAN, Defendant NO. 07-3330 MOTION TO STRIKE PETITION FOR RECONSIDERATION FILED BY DEFENDANT This Motion to Strike is filed by Plaintiff, Scott M. Coleman, and asserts as follows: 1. On March 27, 2008, after a full hearing in this matter, a Custody Order was entered by The Honorable Kevin A. Hess, Jr. concerning the custody of the three children, Tyler R. Coleman (bom January 12, 1994), Drew M. Coleman (born May 15, 1997) and Samantha N. Coleman (born October 13, 1999). A true and correct copy of same is attached hereto as Exhibit A. 2. Said Custody Order required that the summer schedule be addressed at a conciliation pending on Plaintiff's Petition for Contempt scheduled for March 31, 2008. 1 3. The Conciliation was in fact held on March 31, 2008 and a Custody Order was entered on April 3, 2008. A true and correct copy of same is attached hereto as Exhibit B. 4. Thereafter, Defendant filed a Petition for Reconsideration of the Order of Court dated April 14, 2008. 5. No Post Trial Relief may be filed to an order of custody, partial custody, or visitation in accordance with Pa. R.C.P. 1915.10(b). b. No timely appeal has been filed to the Superior Court by the Defendant and said Order dated March 27, 2008 is final and unappealable. 7. Despite the March 27, 2008 Order becoming final, the matter has been set down for an additional conciliation on May 28, 2008 before Conciliator John Mangan based on Defendant's Petition. 8. Plaintiff requests that the Petition for Reconsideration be stricken and the conciliation scheduled for May 28, 2008 be terminated. 2 9. The Honorable Judge Kevin A. Hess was previously assigned to the custody matter and The Honorable Judge M.L. Ebert and Judge Edward E. Guido were both previously assigned to the support action between the parties. WHEREFORE, Petitioner requests that Defendant's Petition for Reconsideration be stricken and the conciliation scheduled for May 28, 2008 be terminated. Respectfully submitted, DATE: May 12, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner Exhibit A SCOTT M. COLEMAN, Plaintiff vs. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3330 CIVIL IN CUSTODY ORDER AND NOW, this Z;1 day of March, 2008, following hearing and consideration of the testimony adduced, it is ordered and directed that: 1. The father, Scott Coleman, and the mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The mother, Ellen Coleman, shall have primary physical custody of the children, Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99, subject to father's partial physical custody as follows: Father shall have the children three weekends per month from 8:00 a.m. Saturday morning until Monday morning when father shall drop the children off at school. The father shall have additional periods of physical custody by mutual agreement. 3. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. 4. Holidays shall be mutually agreed upon by the parties and, in the absence of agreement, the parties shall adhere to the holiday schedule as set forth in the order of October 15, 2007. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 7. The parties may modify this order by mutual agreement in writing. In the absence of mutual consent, the terms of this order shall control. 8. The question of custody/partial custody during the summertime is referred to conciliation and, specifically, for consideration at the conference set for Monday, March 31, 2008. BY THE COURT, TRUE COPY FROM RECORD In Testimony %shareof, 1 here unto set my hand acid a seal of said urt arlisle,''a, nn rr?J T ....?._ ...? . day f.......(.?.11?.1:.., ? A. Hess, J. ft6*0047?',.7 " Barbara Sumple-Sullivan, Esquire For the Plaintiff Jessica Holst, Esquire For the Defendant John Mangan, Esquire Conciliator rlm Exhibit B LOt of 20 ( SCOTT M. COLEMAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this ,day of April, 2008; upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Order of Court dated March 27, 2008 shall remain in full force and effect with the following modifications. 2. Father's Petition for Contempt is hereby held in abeyance with the full understanding that Father's issues raised therein have not been fully resolved. Should either party not fully and faithfully abide by the terms of this Order of Court, a Contempt hearing shall be scheduled accordingly and substantial attorney fees be awarded to the prevailing party. 3. In regard to paragraph 2 of the Order dated March 27, 2008, all aspects shall remain in place with the modification that during the school year, Father shall pick up the Children three weekends per month on Saturday 8:00 am at Mother's residence until Monday morning when Father shall drop the Children off at school. Mother shall ensure that the Children are prepared and ready to begin Father's custodial period on Saturday 8:00 am. 4. In regard to paragraph 3 of the Order dated March 27, 2008, when Mother has physical custody of the Children, Father shall have telephone contact with the Children at 4:00 pm and when Father has physical custody of the Children, Mother shall have telephone contact at 9:00 pm. 5. Summer schedule: Commencing 2008, the first Saturday after school lets out (excluding summer school), Father shall have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. Mother shall then have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. (A week on/week off summer schedule). The exchange locations shall be at the respective parent's residence with the non-custodial parent picking up the Children. 6. Mother shall on August 8, 2008 pick the Children upon Friday at 5:30 pm so that she can prepare for her vacation with the Children. In return, Father shall have physical custody of the Children Tuesday August 19, 2008 at 10:00 am until Wednesday August 20, 2008 at 5:00 pm. 7. On May 3, 2008, Mother shall have physical custody of the Children from 8:00 am until 9:00 pm and in return, Father shall have physical custody of the Children from 8:00 am until 9:00 pm on May 17, 2008. 8. On April 13, 2008, Mother shall have physical custody of the Children at 9:00 am and in return, Father shall have physical custody of the Children from April 20, 2008 9:00 am until Monday morning April 21, whereby Father shall drop the Children off at school. 9. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional as long as the cost of said counseling is covered primarily through insurance. The "out of pocket expenses" of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 10. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /j/12 * a.iL4-) Cc: Barbara Sumple-Sullivan, Esquire Jessica Holst, Esquire John J. Mangan, Esquire ?a,d iit mot n , la SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant Prior Judge: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3330 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custodyoof Tyler R. Coleman 1/12/94 Primary with Mother Drew M. Coleman 5/15/97 Primary with Mother Samantha N. Coleman 10/13/99 Primary with Mother 2. A Conciliation Conference was held on July 20, 2007 and an Order of Court issued October 15, 2007. A custody hearing was held before the Honorable Kevin A. Hess, J. on March 5, 2008 and an Order was issued March 27, 2008. Father had filed a Petition for Contempt and a Conciliation Conference was held March 31, 2008 with the following individuals participating: The Father, Scott Coleman, with his counsel, Barbara Sumple-Sullivan, Esquire The Mother, Ellen Coleman, with her counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: $John . gan, Esq CUP , y onciliator Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant CIVIL ACTION - CUSTODY NO. 07-3330 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Motion to Strike, in the above-captioned matter upon the following individual(s), by via United States first-class mail, postage prepaid, addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 DATE: May 12, 2008 Ms. Ellen M. Coleman 779 Erford Road Camp Hill, PA 17011 Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 4 ?? ems. ? ? -? _ ..? ?-? ; ?. LR _. ? ' „ ?. t i 'y -- r`E^1 ?. •• -J ?"? (r.? .? ?.? Barbara Sumple-Sullivan, Esquire MAY ] F7nnu Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant CIVIL ACTION - CUSTODY NO. 07-3330 ORDER AND NOW, this ZZ"-'oday of ,!n. , 2008, upon consideration of Plaintiffs Motion to Strike Petition for Reconsideration Filed by Defendant, it is further ORDERED and DECREED that Def and the Custody Conciliation scheduled for May 28, 2008 is wm nate+ c&, ?. " ,6,,V 7 &/f? e. P /930. Z . BY THE COURT: Hess, Jr. J. 4 --W- o"437,03 fSTPH . r ?J? ? lww 'a c (5 ?rim5 }dui S. v , SO'-erls fLL ^ r'' I?A??? i? 9 C : 11 nT ZZ 3jdZ KllUli i. P --1-G Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY ELLEN M. COLEMAN, Defendant NO. 07-3330 PETITION FOR CONTEMPT 1. Petitioner is Plaintiff, Scott M. Coleman, an individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Defendant, Ellen M. Coleman, an individual residing at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania. The parties were married on September 12, 1990 and separated May 4, 2007. 4. Petitioner and Respondent are the natural parents of one (1) minor child, being, Tyler R. Coleman (born January 12, 1994). Additionally, Respondent is the natural mother of two (2) minor children who were born during the marriage, being, Drew M. Coleman (born May 15, 1997) and Samantha N. Coleman (born October 13, 1999). Petitioner only recently became aware that the two younger children were not his natural children. This fact was confirmed by genetic testing, ordered through the Domestic Relations Office upon Order of Judge Guido. Throughout the party's marriage and presently, Respondent stood in loco parentis to Respondent's two minor children believing they were his natural children. On or about June 5, 2007, Petitioner filed a Custody Complaint seeking shared legal and physical custody of the children. 6. A Custody Conciliation was held on July 20, 2007 with Custody Conciliator, John J. Mangan, Jr., Esquire, resulting in an initial Order on October 15, 2007. That Order provided for shared legal custody and primary physical custody with Respondent. Petitioner had partial custody of all three children three weekends per month from 8:00 a.m. Saturday morning until Monday morning whereby Petitioner shall drop the children off at school. 7. After the entry of the October 15, 2007 Order, Petitioner filed a Petition for Contempt on or about February 21, 2008 due to Respondent's failure to comply with said Order. Petitioner's first Petition for Contempt sought relief for Respondent's repeated lateness for custody exchanges, her failure to have the children available to Petitioner on other occasions, her failure to allow Petitioner telephone access to the children and Respondent's disparaging remarks about Petitioner to the children. 2 8. Given the paternity issues, Respondent's new relationship with yet another man, and the birth of subsequent twins to Respondent (which she denied were her natural babies), counseling for the children was paramount. Petitioner also sought relief in requiring Respondent to take the children to counseling. While Respondent did concur through counsel, she repeatedly cancelled counseling sessions for the children with Guidance Associates. 9. A Custody Hearing was held before the Honorable Judge Hess on March 5, 2008. As a result of this hearing, an Order for Custody was entered on March 27, 2008. A true and correct copy of same is attached hereto as Exhibit A. 10. Paragraph 2 of the Order provided, inter alia: The mother, Ellen Coleman, shall have primary physical custody of the children, Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99, subject to father's partial physical custody as follows: Father shall have the children three weekends per month from 8:00 a.m. Saturday morning until Monday morning when father shall drop the children off at school. The father shall have additional periods of physical custody by mutual agreement. 11. Pursuant to the March 27, 2008 Order, the summer schedule was to be further considered at a Custody Conciliation which was already scheduled to hear Petitioner's Petition for Contempt. 12. The Custody Conciliation addressing Petitioner's Petition for Contempt and the summer 3 schedule was held on March 31, 2008 with Custody Conciliator, John J. Mangan, Jr., Esquire. An Order was entered dated April 3, 2008. A true and correct copy of same is attached hereto as Exhibit B. The Order provided, inter alia: 2. Father's Petition for Contempt is hereby held in abeyance with the full understanding that Father's issues raised therein have not been fully resolved. Should either party not fully and faithfully abide by the terms of this Order of Court, a Contempt hearing shall be scheduled accordingly and substantial attorney fees be awarded to the prevailing party. 4. In regard to paragraph 3 of the Order dated March 27, 2008, when Mother has physical custody of the Children, Father shall have telephone contact with the Children at 4:00 p.m. and when Father has physical custody of the Children, Mother shall have telephone contact at 9:00 p.m. 9. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional as long as the cost of said counseling is covered primarily through insurance. The "out of pocket expenses" of said counseling, after appropriate payment though insurance, shall be split equally between the parties. 13. Respondent continues to violate the terms of the Order in that: a. She does not allow Petitioner telephone access to the children as set forth in paragraph 4; b. Almost since the Order of April 3, 200, Respondent has failed to provide physical custody of the children to Petitioner, indicating that the children no longer wanted to see or talk to him. The last time Petitioner had custody of Tyler was on the weekend of May 10, 2008. Access to Samantha and Drew has been inconsistent since the entry of the most recent order, however, Samantha was made available on the weekends of May 10, 2008 and May 31, 2008. Drew was made available on the weekends of May 10, 2004, May 24, 4 2008 and May 31, 2008. Petitioner was supposed to have custody of the children on the weekend of May 17, 2008, as agreed to by the parties, however, the children were not made available; c. Respondent has failed to schedule and attend the counseling with Guidance Associates required by Paragraph 9. Petitioner has only scheduled counseling with Jamie Orris for Tyler. A session scheduled for May 30, 2008 between Tyler and Petitioner was cancelled because Respondent had indicated she would not appear. Petitioner believes that this cancellation was intended to prohibit communication between he and his son. This cancellation occurred despite a letter from counsel indicating that no further cancellations should occur. A copy of the letter is attached as Exhibit C. 14. Respondent continues to act without regard to the Order and the emotional well being of the children. 15. The child, Tyler, at last contact with Petitioner had wanted him to participate in a paternity test. Tyler has withdrawn from Petitioner since then and it is believed that this is the result of alienation and behavior by Respondent. 16. Given the repeated recalcitrant behavior of the Respondent, it is believed and feared that she will not comply with the Order to allow the children into Petitioner's custody for the summer commencing on June 7, 2008. 17. It is requested that this Petition for Contempt be combined with Petitioner's first Petition for Contempt and the matter be addressed directly by the Court pursuant to paragraph 2 of the April 3, 2008 Order. 18. Petitioner also requests this Honorable Court hold Respondent in contempt and fine and/or otherwise incarcerate Respondent for said contempt. 19. Petitioner also requests this Honorable Court require immediate compliance with the Order of Court, specifically regarding counseling, physical custody and telephone contact. 20. Petitioner also requests this Honorable Court enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition and any other related Petitions. 21. The Honorable Judge Kevin A. Hess was previously assigned to the custody matter. 22. Notice of this Petition has been given to counsel of record, Jessica Holst, Esquire, although she indicates that she no longer represents the Respondent. No concurrence has been given. WHEREFORE, Petitioner requests this Honorable Court enter an Order: 1) Holding Respondent in contempt and fine and/or otherwise incarcerate 6 Respondent for said contempt; 2) Requiring immediate compliance with the Court Order, including but not limited to: a) immediate initiation of counseling; b) immediate compliance with the periods of custody for all three children; c) immediate compliance with the telephone contact for all three children. 3) Judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition and any other related Petitions; and 4) Any other relief the court deems equitable. DATE: 7 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner SCOTT M. COLEMAN, Plaintiff vs. ELLEN M. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3330 CIVIL IN CUSTODY ORDER AND NOW, this 2 7' day of March, 2008, following hearing and consideration of the testimony adduced, it is ordered and directed that: 1. The father, Scott Coleman, and the mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99. The parties agree that major non-emergency decisions. concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with. the other, with a view toward obtaining and following a harmonious policy in the children's best interest. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The mother, Ellen Coleman, shall have primary physical custody of the children, Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99, subject to father's partial physical custody as follows: Father shall have the children EXHIBIT A r , three weekends per month from 8:00 a.m. Saturday morning until Monday morning when father shall drop the children off at school. The father shall have additional periods of physical custody by mutual agreement. 3. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. 4. Holidays shall be mutually agreed upon by the parties and, in the absence of agreement, the parties shall adhere to the holiday schedule as set forth in the order of October 15, 2007. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor.permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 7. The parties may modify this order by mutual agreement in writing. In the absence of mutual consent, the terms of this order shall control. 8. The question of custody/partial custody during the summertime is referred to conciliation and, specifically, for consideration at the conference set for Monday, March 31, 2008. BY THE COURT, TRIBE COPY FROM RECORD in Testimony whereof, I hKe unto set my bW wit of m0 f SCOTT M. COLEMAN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this 2?Lkrlay of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Order of Court dated March 27, 2008 shall remain in full force and effect with the following modifications. 2. Father's Petition for Contempt is hereby held in abeyance with the full understanding that Father's issues raised therein have not been fully resolved. Should either party not My and faithfully abide by the terms of this Order of Court, a Contempt hearing shall be scheduled accordingly and substantial attorney fees be awarded to the prevailing party. 3. In regard to paragraph 2 of the Order dated March 27, 2008, all aspects shall remain in place with the modification that during the school year, Father shall pick up the Children three weekends per month on Saturday 8:00 am at Mother's residence until Monday morning when Father shall drop the Children off at school. Mother shall ensure that the Children are prepared and ready to begin Father's custodial period on Saturday 8:00 am. 4. In regard to paragraph 3 of the Order dated March 27, 2008, when Mother has physical custody of the Children, Father shall have telephone contact with the Children at 4:00 pm and when Father has physical custody of the Children, Mother shall have telephone contact at 9:00 pm. 5. Summer schedule: Commencing 2008, the first Saturday after school lets out (excluding summer school), Father shall have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. Mother shall then have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. (A week on/week off summer schedule). The exchange locations shall be at the respective parent's residence with the non-custodial parent picking up the Children. EXHIBIT B b. Mother shall on August 8, 2008 pick the Children up on Friday at 5:30 pm so that she can prepare for her vacation with the Children. In return, Father shall have physical custody of the Children Tuesday August 19, 2008 at 10:00 am until Wednesday August 20, 2008 at 5:00 pm. 7. On May 3, 2008, Mother shall have physical custody of the Children from 8:00 am until 9:00 pm and in return, Father shall have physical custody of the Children from 8:00 am until 9:00 pm on May 17, 2008. 8. On April 13, 2008, Mother shall have physical custody of the Children at 9:00 am and in return, Father shall have physical custody of the Children from April 20, 2008 9:00 am until Monday morning April 21, whereby Father shall drop the Children off at school. 9. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional as long as the cost of said counseling is covered primarily through insurance. The "out of pocket expenses" of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 10. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Cc: Barbara Sumple-Sullivan, Esquire Jessica. Holst, Esquire John J. Mangan, Esquire SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant Prior Judge: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3330 Civil Term : ACTION IN CUSTODY CONCEUATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tyler R. Coleman 1/12/94 Primary with Mother Drew M. Coleman 5/15/97 Primary with Mother Samantha N. Coleman 10/13/99 Primary with Mother 2. A Conciliation Conference was held on July 20, 2007 and an Order of Court issued October 15, 2007. A custody hearing was held before the Honorable Kevin A. Hess, J. on March 5, 2008 and an Order was issued March 27, 2008. Father had filed a Petition for Contempt and a Conciliation Conference was held March 31, 2008 with the following individuals participating: The Father, Scott Coleman, with his counsel, Barbara Sumple-Sullivan, Esquire The Mother, Ellen Coleman, with her counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: $ .?.? John . gan, Esq C ody onciliator LAW OFFICES BARBARA SUMPLE-SULLIVAN 54913RIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1981 PHONE (717) 774-1445 FAX (717) 774-7059 May 22, 2008 Ms. Ellen M. Coleman 779 Erford Road Camp Hill, PA 17011 Re: Scott M. Coleman v. Ellen M. Coleman Dear Ms. Coleman: I am providing to you a copy of the Order of Court dated May 22, 2008. Since your Petition for Reconsideration was not granted and the time period for appeal to the Superior Court has lapsed, your petition is mooted. Therefore, you must comply with the Orders of Court dated March 27, 2008 and April 3, 2008. This letter is to advise you that you are expected to comply with those Orders. • You must begin immediate compliance with the order by having the children available for pick up by my client on Saturday, May 24, 2008 at 8:00 a.m. for his weekend. • You must begin immediate compliance with the order by having the children call daily at 4:00 p.m. You had ceased these calls as of April 21, 2008. My client will continue to allow you to call the children at 9:00 p.m. during his custodial periods. • I understand that you have cancelled counseling dates for Tyler and have not scheduled any counseling for Drew and Samantha. I will give you seven (7) days to complete this scheduling. I understand that a re-scheduled appointment exists for Tyler. DO NOT CANCEL OR CHANGE THAT DATE AGAIN. Also, please provide my office written confirmation of the dates of appointments for the other children within the week. • Please be reminded that the summer schedule will commence the first Saturday after school lets out. I understand that school ends on June 5, 2008. Therefore, EXHIBIT C Ms. Ellen M. Coleman May 22, 2008 Page 2 my client's summer vacation will commence on Saturday, June 7, 2008. Mr. Coleman will be at the residence to pick up the children at 9:00 a.m. on June 7, 2008. You will then pick the children up from his residence at 9:00 a.m. on June 13th. Since no attorney has entered an appearance on your behalf, I am faxing this to your attorney of record, Jessica Hoist, Esquire. Barbara Sumple-Sullivan BSS/lh Enclosure cc: Jessica Hoist, Esquire (w/encl) (Via fax and regular mail) Mr. Scott M. Coleman (w/encl) i? II. J arbam Sample-Sullivan. Esquirc MAY I f rfpr Ijupreme Court #32317 549 Bridge Street New Cumbodand, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, . Defendant : CJVIL ACTION -CUSTODY N0.07-3330 ORDER AND NOW, this Z-2-"*day of n" , 2008, upon consideration of Plaintiff s Motion to Strike Petition for Reconsideration Filed by Defendant, it is further ORDERED and DECREED that ... and the Custody Conciliation scheduled for May 28, 2008 is tamii7 de& c,•.• ' '6"k f 67 &e -. p X930- - BY THE COURT: ^'?. Kevi . Hess, Jr. J. 4 i U.S. POSTAL SERVICE CERTIFICATE OF MAILING - `tom a Rocaivad From: ch j? ?t??., y ?J 00 s^"vwNw?+i?Y ,toG¢<r cz I?%- O0 ? W1?1 ? mg Bpawsvm I?mnN a?yP NOMr onNJ•/m V ^¢o E CD One ]E=* addreaW to: /77 C'o MAY BE USEDIFOR DOMESTIC AND INTERNATIONAL MAIL, FORINSURANCE - POSTMASTER PS FORM MAY 1976 3817 U.S.G.P.O. r. \ 1 ; Z w ? JJ L_ a 0 0 C3 DOI ti 10 ?? ?? LLL Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant : CIVIL ACTION -CUSTODY : NO. 07-3330 VERIFICATION I, Scott M. Coleman, hereby certify that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: SCOTT M. C L MAN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant CIVIL ACTION - CUSTODY : NO. 07-3330 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by via facsimile and United States first-class mail, postage prepaid, addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street, Suite Carlisle, PA 17013 DATE: June 3, 2008 Ms. Ellen M. Coleman 779 Erford Road 103 Camp Hill, PA 17011 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner t'1 r`' ?? ? o ? ?, . ? r ,? ? W ? ??. D SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant :IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - CUSTODY :DOCKET NO. 07-3330 POVERTY AFFIDAVIT 1. I, Ellen M. Coleman am the DEFENDANT in a custody matter, and because of my financial condition I am unable to pay the fees and costs of prosecuting or defending this action or proceeding. 2. I am unable to obtain funds from anyone, including family and associates, to pay the cost of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Ellen M. Coleman Address: 779 Erford Rd. Camp Hill, PA 17011 Social Security Number: 173-62-1153 Employment: (b) Employer: Full Gospel Church of God Employer's Address: 220 St. John's Church Road Mechanicsburg, PA 17055 Salary or Wage per month: $800.00 Type of Work: Preschool Teacher Other income for the last 6 months: Support Payments: Approx. $3600.00 ( c ) Cash: $25.00 Checking Account: $1.46 Savings Account: $5.00 Motor Vehicle Make: Chevy Cost: $9000.00 (f) Debts and obligations Rent: $900.00 Loans: $150.00 (g) Persons dependent upon you for support: Year: 2003 Amount Owed: $7450.00 Children: Tyler R. Coleman 14 Drew M. Coleman 11 Samantha N. Coleman 8 Gino A. Coleman 9mths Julianna M. Coleman 9mths 4. I understand that I have a continuing obligation to inform the Court of improvements in my Financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4909 relating to unsworn falsification to authorities. Date Petitioner f SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - CUSTODY DOCKET NO. 07-3330 PETITION TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE, JUDGE KEVIN A. HESS; (1) I am the Defendant in the above matter and because of my financial condition I am unable to pay the required filing fee of $ r 00 _ (2) 1 am unable to obtain funds from anyone, including my family and associates, to pay this fee. (3) 1 am currently a recipient of the following type of Benefits from the Pennsylvania Department of Public Welfare: medical benefits a' w VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S.A. 4904, relating to unworn falsification to authorities. Date Ak& )?' e 'tioner Ellen M. Coleman 779 Erford Rd. Camp Hill, PA 17011 .. , -a ,..? ? r°- - .., _; i '_: 1 _ r-- ,, ; J .. SCOTT M. COLEMAN Plaintiff 10_ V. ELLEN M. COLEMAN Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - CUSTODY :DOCKET NO. 07-3330 PETITION FOR MODIFICATION QF A EXISTING CUSTODY ORDER (1) The Petition of Ellen M. Coleman respectfully represents that on March 27, 2008 and April 3, 2008, Order of Court was entered for partial custody, a true and correct copy of which is attached.. (2) The Order should be modified because: (A) The Court has requested that if the parties reached a mutual agreement in regards to the Existing Custody Order and wished to Modify the Existing Order it was to be in writting. (B) The parties have reached a mutual agreement and wish to Modify the Existing Custody Order and the new arrangement has been put in writing and was notrized by both parties, a true and correct copy of the mutual agreement has been attached. WHEREFORE, Defendant requests that the Court modify the existing Order for partial custody of the children because it will be in the best interests of the children. By: Ellen Coleman Defendant 779 Erford Rd. Camp Hill, PA 17011 717-439-4261 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. Date lien A Coleman Defendant c"? w ? ? (._ _ fl ?. a . _.? ., ?. a , ? .., ; ? or r. The parties Scott M. Coleman and Ellen M. Coleman have come to a mutual agreement to have the Custody Orders of October 15, 2007, March 27, 2008 and April 3, 2008 modified. A true copy of the Orders are attached. They are petitioning the court to issue an Order of Modification as set forth in the following pages. The Order will pertain to the following children and should be issued as agreed upon by both parties: Tyler R. Coleman born January 12, 1994 Drew M. Coleman born May 15, 1997 Samantha N. Coleman born October 13, 1999 The following modifications are : 1. Pertaining to Drew and Samantha Coleman the parties have agreed that mother will have Sole Legal Custody and Physical Custody of these children, with Scott Coleman having partial physical custody of these two minor children one weekend per month as agreed upon at the end of each month for the following month. Scott Coleman also agrees that he will voluntarily terminate his parental rights to these children which also pertains to his in loco parentis standing to these two minor children. 2. The parties have also agreed that the summer schedule with these children will be mother will retain physical custody of these children during the summer months with Scott Coleman having one weekend per month as agreed upon at the end of each month for the following month. There will be no alternating weeks during the summer for these two minor children with Scott Coleman. 3. Holidays with these two minor children will be as follows: a, ?ft Thanksgiving Day: Mother from 6 P.M. the day before to 6 P.M. the day of Scott Coleman 6 P.M. the day of till noon the day after Christmas: °Mother from noon the day before to 6 P.M. the day of Scott Coleman from 6 P.M. the day of to noon the day after Memorial Day: With Mother Fourth of July: With Mother Labor Day: With Mother Mother's Day: With Mother Father's Day: With Scott Coleman from noon to 6 P.M. the day of. 4. Phone calls for these children will be at the children's convenience and will be made to Scott Coleman at 4:00 P.M. if the children's activities do not interfere with this time, if they should Scott Coleman will be permitted to call these two minor children on their mother's cell phone during his break at work. 5. The parties have furthermore agreed that they will have joint legal custody of the minor child Tyler R. Coleman (the couple's only natural born son) and mother will retain physical custody of this minor child with father having partial physical custody one weekend per month as agreed upon at the end of the month for the following month. 6. The parties have also agreed that the summer schedule for the minor child Tyler R. Coleman will be mother will retain physical custody of the child with father having partial physical custody of this minor child one weekend per month as agreed upon at the end of the month for the following month. There will be no alternating weeks with father during the summer. 7. Phone calls for this minor child will be at the child's convenience and will be made to father at 4:00 P.M. as long as child's activities do not interfere with this time, if they should father will be permitted to call child on his mother's cell phone during his break at work. 8. The holiday schedule for the minor child Tyler will be the same as it is for Samantha and Drew. ? 1 9. Parties have agreed that Scott Coleman's partial physical custody of these children will begin at 11:00 A.M. on Saturday morning and will end at 6:00 P.M. on Sunday evening at which time their mother will pick them up at Scott Coleman's residence. As to allow them time to get ready for school the next day. 9. Parties have agreed that mother will provide all transportation for the custody exchanges of all three children. WHEREFORE, the parties have both agreed to the Modifications in this Order and respectfully petition this Honorable Court to issue the Order at this time. Since the Court has requested that any and all agreements that the parties have agreed to Modify be done in writing this is being done with both parties notarize signatures verifying that they are in agreement and wish to have the Modification Order issued according to the facts in this modification. Both parties have come to the agreement that this Modification is in the best interests of the children and still allows contact with both Mother and Scott Coleman, (biological father of only Tyler R. Coleman) P 4W., ?? , )I?c dS*FgCnaPtdureDoof Mother Signature o Father Eua\ Printed Name of Mother Printed Name of Father Date Date U NE M. DEDERER, Notary Public arap Hill Boro, Cumberland County My Commission Expires Aug. 20, 2009 z SCOTT M. COLEMAN, Plaintiff vs. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3330 CIVIL : IN CUSTODY ORDER AND NOW, this Z? . day of March, 2008, following hearing and consideration of the testimony adduced, it is ordered and directed that: 1. The father, Scott Coleman, and the mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmonious policy in the children's best interest. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The mother, Ellen Coleman, shall have primary physical custody of the children, Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99, subject to father's partial physical custody as follows: Father shall have the children three weekends per month from 8:00 a.m. Saturday morning until Monday morning when father shall drop the children off at school. The father shall have additional periods of physical custody by mutual agreement. 3. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. 4. Holidays shall be mutually agreed upon by the parties and, in the absence of agreement, the parties shall adhere to the holiday schedule as set forth in the order of October 15, 2007. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 7. The parties may modify this order by mutual agreement in writing. In the absence of mutual consent, the terms of this order shall control. 8. The question of custody/partial custody during the summertime is referred to conciliation and, specifically, for consideration at the conference set for Monday, March 31, 2008. BY THE COURT, TRUE COPY FROM RECORD Testimony whereof, t here unto set my hand of sai Court at-Carlisle Pa. ....... da of. r r t SCOTT M. COLEMAN Plaintiff v. aPrr of 200Y : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant Prior Judge: Kevin A. Hess, J. : ACTION IN CUSTODY COURT ORDER AND NOW, this34-day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Order of Court dated March 27, 2008 shall remain in full force and effect with the following modifications. 2. Father's Petition for Contempt is hereby held in abeyance with the full understanding that Father's issues raised therein have not been fully resolved. Should either party not fully and faithfully abide by the terms of this Order of Court, a Contempt hearing shall be scheduled accordingly and.substantial attorney fees be awarded to the prevailing party. 3. In regard to paragraph 2 of the Order dated March 27, 2008, all aspects shall remain in place with the modification that during the school year, Father shall pick up the Children three weekends per month on Saturday 8:00 am at Mother's residence until Monday morning when Father shall drop the Children off at school. Mother shall ensure that the Children are prepared and ready to begin Father's custodial period on Saturday 8:00 am. 4. In regard to paragraph 3 of the Order dated March 27, 2008, when Mother has physical custody of the Children, Father shall have telephone contact with the Children at 4:00 pm and when Father has physical custody of the Children, Mother shall have telephone contact at 9:00 pm. 5. Summer schedule: Commencing 2008, the first Saturday after school lets out (excluding summer school), Father shall have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. Mother shall,then have physical custody of the Children from Saturday 9:00:am until the following Saturday 9:00 am. (A week on/week off summer schedule). The exchange locations shall be at the respective parent's residence with the non-custodial parent picking up the Children. W. 6. Mother shall on August 8, 2008 pick the Children up on Friday at 5:30 pm so that she can prepare for her vacation with the Children. In return, Father shall have physical custody of the Children Tuesday August 19, 2008 at 10:00 am until Wednesday August 20, 2008 at 5:00 pm. 7. On May 3, 2008, Mother shall have physical custody of the Children from 8:00 am until 9:00 pm and in return, Father shall have physical custody of the Children from 8.00 am until 9:00 pm on May 17, 2008. 8. On April 13, 2008, Mother shall have physical custody of the Children at 9:00 am and in return, Father shall have physical custody of the Children from April 20, 2008 9:00 am until Monday morning April 21, whereby Father shall drop the Children off at school. 9. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional as long as the cost of said counseling is covered primarily through insurance. The "out of pocket expenses" of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 10. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Cc: Barbara Sumple-Sullivan, Esquire Jessica Holst, Esquire John J. Mangan, Esquire TRUE CORW w"woot, I hero c., 'rW th a,G.l, day ?r_ acb8 SCOTT M. COLEMAN Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant Prior Judge: Kevin A. Hess, J. : ACTION IN CUSTODY CONCILIATION CONFERENCE SUhB(ARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tyler R. Coleman 1/12/94 Primary with Mother Drew M. Coleman 5/15/97 Primary with Mother Samantha N. Coleman 10/13/99 Primary with Mother 2. A Conciliation Conference was held on July 20, 2007 and an Order of Court issued October 15, 2007. A custody hearing was held before the Honorable Kevin A. Hess, J. on March 5, 2008 and an Order was issued March 27, 2008. Father had filed a Petition for Contempt and a Conciliation Conference was held March 31, 2008 with the following individuals participating: The Father, Scott Coleman, with his counsel, Barbara Sumple-Sullivan, Esquire The Mother, Ellen Coleman, with her counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: -------- Johx?YN?6 gan, Esq ' C dy onciliator SCOTT M. COLEMAN Plaintiff y V. ELLEN M. COLEMAN Defendant JN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - CUSTODY :DOCKET NO. 07-3330 CERTIFICATE OF SERVICE I certify that a true and correct copy of the Petition to Proceed in Forma Paperis and the Petition to Modify an existing Custody Order, filed by the Petitioner was served upon Respondent in the above case by: First Class mail, postage prepaid at the following address:- Scott M. Coleman And Barbara Sample-Sullivan 195 Beagle Club Rd 549 Bridge Street Carlisle, PA 17013 New Cumberland, PA 17070 Attorney for Plaintiff I certify that this service was made on the day of 20 etitioner Y? FA. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 17171774-1445 "+' ' SCOTT M. COLEMAN, IN TBE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. V. CIVIL ACTION -CUSTODY G ELLEN M. COLEMAN, Gn Defendant NO. 07-3330 tv C_ -? PETITION FOR CONTEMPT 1. Petitioner is Plaintiff, Scott M. Coleman, an individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Defendant, Ellen M. Coleman, an individual residing at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. The parties were married on September 12, 1990 and separated May 4, 2007., 4. Petitioner and Respondent are the natural parents of one (1) minor child, being, Tyler R. Coleman (born January 12, 1994). Additionally, Respondent is the natural another of two (2) minor children who were born during the marriage, being, Drew M. Coleman (born May 15, 1997) and Samantha N. Coleman (born October 13, 1999). Petitioner only recently became aware that the two younger children were not his natural children. This 1 fact was confirmed by genetic testing, ordered through the Domestic Relations Office upon Order.of Judge Guido. Throughout the party's marriage and presently, Respondent stood in loco P?rentis to Respondent's two minor children believing they were his natural children.- 5. On or about June 5, 2007, Petitioner filed a Custody Complaint seeking shared legal and physical custody of the children. 6. A Custody Conciliation was held on July 20, 2007 with Custody Conciliator, John J. Mangan, Jr., Esquire, resulting in an initial Order on October 15, 2007. That Order provided for shared legal custody and primary physical custody with Respondent. Petitioner had partial custody of all three children three weekends per month from 8:00 a.m. Saturday morning until Monday morning whereby Petitioner shall drop the children off at school. 7. After the entry of the October 15, 2007 Order, Petitioner filed a Petition for Contempt on or about February 21, 2008 due to Respondent's failure to comply with said Order. Petitioner's first Petition for Contempt sought relief for Respondent's repeated lateness for custody exchanges, her failure to have the children available to Petitioner on other occasions, her failure to allow Petitioner telephone access to the children and Respondent's disparaging remarks about Petitioner to the children. 2 8 9. 10 Given the paternity issues, Respondent's new relationship with yet another man, and the birth of subsequent twins to Respondent (which she denied were her natural babies), counseling for the children was paramount. Petitioner also sought relief in requiring Respondent to take the children to counseling. While Respondent did concur through counsel, she repeatedly cancelled counseling sessions for the children with Guidance Associates. A Custody Hearing was held before the Honorable Judge Hess on March 5, 2008. As a result of this hearing, an Order for Custody was entered on March 27, 2008. A true and correct copy of same is attached hereto as Exhibit A. Paragraph 2 of the Order provided, inter alia: The mother, Ellen Coleman, shall have primary physical custody of the children, Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99, subject to father's partial physical custody as follows: Father shall have the children three weekends per month from 8:00 a.m. Saturday morning until Monday morning when father shall drop the children off at school. The father shall have additional periods of physical custody by mutual agreement. 11 12. Pursuant to the March 27, 2008 Order, the summer schedule was to be further considered at a Custody Conciliation which was already scheduled to hear Petitioner's Petition for Contempt. The Custody Conciliation addressing Petitioner's Petition for Contempt and the summer 3 y schedule was held on March 31, 2008 with Custody Conciliator, John J. Mangan, Jr., Esquire. An Order was entered dated April 3, 2008. A true and correct copy of same is attached hereto,as Exhibit B. The Order provided, inter alia: Father's Petition for Contempt is hereby held in abeyance with the full understanding that Father's issues raised therein have not been fully resolved. Should either party not fully and faithfully abide by the terms of this Order of Court, a Contempt hearing shall be scheduled accordingly and substantial attorney fees be awarded to the prevailing party. 4. In regard to paragraph 3 of the Order dated March 27, 2008, when Mother has physical custody of the Children, Father shall have telephone contact with the Children at 4:00 p.m. and when Father has physical custody of the Children, Mother shall have telephone contact at 9:00 p.m. 9. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional as long as the cost of said counseling is covered primarily through insurance. The "out of pocket expenses' of said counseling, after appropriate payment though insurance, shall be split equally between the parties. 13. Respondent continues to violate the terms of the Order in that: a. She does not allow Petitioner telephone access to the children as set forth in paragraph 4; b. Almost since the Order of April 3, 200, Respondent has f"ed to provide physical custody of the children to Petitioner, indicating that the children no longer wanted to see or talk to him. The last time Petitioner had custody of Tyler was on the weekend of May 10, 2008. Access to Samantha and Drew has been inconsistent since the entry of the most recent order, however, Samantha was made available on the weekends of May 10, 2008 and May 31, 2008. Drew was made available on the weekends of May 10, 2004, May 24, 4 2008 and May 31, 2008. Petitioner was supposed to have custody of the children on the weekend of May 17, 2008, as agreed to by the parties, however, the children were not made available; c. Respondent has failed to schedule and attend the counseling with Guidance Associates required by Paragraph 9. Petitioner has only scheduled counseling with Jamie Orris for Tyler. A session scheduled for May 30, 2008 between Tyler and Petitioner was cancelled because Respondent had indicated she would not appear. Petitioner believes that this cancellation was intended to prohibit communication between he and his son. This cancellation occurred despite a letter from counsel indicating that no further cancellations should occur. A copy of the letter is attached as Exhibit C. 14. Respondent continues to act without regard to the Order and the emotional well being of the children. 15. The child, Tyler, at last contact with Petitioner had wanted him to participate in a paternity test. Tyler has withdrawn from Petitioner since then and it is believed that this is the result of alienation and behavior by Respondent. 16. Given the repeated recalcitrant behavior of the Respondent, it is believed and feared that she will not comply with the Order to allow the children into Petitioner's custody for the summer commencing on June 7, 2008. 5 17. It is requested that this Petition for Contempt be combined with Petitioner's first Petition for Contempt and the matter be addressed directly by the Court pursuant to paragraph 2 "_: of the April 3, 2008 Order. 18. Petitioner also requests this Honorable Court hold Respondent in contempt and fine and/or otherwise incarcerate Respondent for said contempt. 19. Petitioner also requests this Honorable Court require immediate compliance with the Order of Court, specifically regarding counseling, physical custody and telephone contact. 20. Petitioner also requests this Honorable Court enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition and any other related Petitions. 21. The Honorable Judge Kevin A. Hess was previously assigned to the custody matter. 22. Notice of this Petition has been given to counsel of record, Jessica Hoist, Esquire, although she indicates that she no longer represents the Respondent. No concurrence has been given. WHEREFORE, Petitioner requests this Honorable Court enter an Order: 1) Holding Respondent in contempt and fine and/or otherwise incarcerate 6 Respondent for said contempt; 2) Requiring immediate compliance with the Court order, including but not limited to: a) immediate initiation of counseling; b) immediate compliance with the periods of custody for all three children; c) immediate compliance with the telephone contact for all three children. 3) Judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition and any other related Petitions; and 4) Any other relief the court deems equitable. DATE: 7 J49 Bridge Street New Cumberland, PA 17070, 1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner cy i SCOTT M. COLEMAN, Plaintiff VS. ELLEN M. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3330 CIVIL IN CUSTODY ORDER AND NOW, this z :? day of March, 2008, following hearing and consideration of the testimony adduced, it is ordered and directed that: 1. The father, Scott Coleman, and the mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussiori and consultation with.the other, with a view toward obtaining and following a harmonious policy in the children's best interest. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The mother, Ellen Coleman, shall have primary physical custody of the children, Tyler R. Coleman, born 1/12/94; Drew M. Coleman, born 5/15/97; and Samantha N. Coleman, born 10/13/99, subject to father's partial physical custody as follows: Father shall have the children EXHIBIT A three weekends per month from 8:00 a.m. Saturday morning until Monday morning when father shall drop the children off at school. The father shall have additional periods of physical custody by mutual agreement. 3. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. 4. Holidays shall be mutually agreed upon by the parties and, in the absence of agreement, the parties shall adhere to the holiday schedule as set forth in the order of October 15, . 2007. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Neither party may say or do anything nor.permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 7. The parties may modify this order by mutual agreement in writing. In the absence of mutual consent, the terms of this order shall control. 8. The question of custody/partial custody during the summertime is referred to conciliation and, specifically, for consideration at the conference set for Monday, March 31, 2008. BY THE COURT, TRUE COPY FROM RECORD n Testimony wh¢reof, f here unto set my !mod APR of zaow}r SCOTT M. COLEMAN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 1* : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. COURT ORDER AND NOW, this 2?Etday of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Order of Court dated March 27, 2008 shall remain in full force and effect with the following modifications. 2. Father's Petition for Contempt is hereby held in abeyance with the full understanding that Father's issues raised therein have not been fully resolved. Should either party not fully and faithfully abide by the terms of this Order of Court, a Contempt hearing shall be scheduled accordingly and substantial attorney fees be awarded to the prevailing party. 3. In regard to paragraph 2 of the Order dated March 27, 2008, all aspects shall remain in place with the modification that during the school year, Father shall pick up the Children three weekends per month on Saturday 8:00 am at Mother's residence until Monday morning when Father shall drop the Children off at school. Mother shall ensure that the Children are prepared and ready to begin Father's custodial period on Saturday 8:00 am. 4. In regard to paragraph 3 of the Order dated March 27, 2008, when Mother has physical custody of the Children, Father shall have telephone contact with the Children at 4:00 pm and when Father has physical custody of the Children, Mother shall have telephone contact at 9:00 pm. 5. Summer schedule: Commencing 2008, the first Saturday after school lets out (excluding summer school), Father shall have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. Mother shall then have physical custody of the Children from Saturday 9:00 am until the following Saturday 9:00 am. (A week on/week off summer schedule). The exchange locations shall be at the respective parent's residence with the non-custodial parent picking up the Children. EXHIBIT B 6.. Mother shall on August 8, 2008 pick the Children up on Friday at 5:30 pm so that she can prepare for her vacation with the Children. In return, Father shall have physical custody of the Children Tuesday August 19, 2008 at 10:00 am until Wednesday.#&ugust 20, 2008 at 5:00 pm. 7. On May 3, 2008, Mother shall have physical custody of the Children from 8:00 am until 9:00 pm and in return, Father shall have physical custody of the Children from 8:00 am until 9:00 pm on May 17, 2008. 8. On April 13, 2008, Mother shall have physical custody of the Children at 9:00 am and in return., Father shall have physical custody of the Children from April 20, 2008 9:00 am until Monday morning April 21, whereby Father shall drop the Children off at school. 9. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional as long as the cost of said counseling is covered primarily through insurance. The "out of pocket expenses" of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 10. The parties may modify this Order by mutual agreement in writing. In. the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Cc: Barbara Sumple-Sullivan, Esquire Jessica Holst, Esquire John J. Mangan, Esquire /a A i ?a?ar 'nd to z old, Lill, "? ;='d SCOTT M. COLEMAN Plaintiff V. 4.. ELLEN M. COLEMAN Defendant Prior Judge: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN'T'Y, PENNSYLVANIA : No. 07-3330 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUIbIl E 4RY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in theCustodv of Tyler R. Coleman 1/12/94 Primary with Mother Drew M. Coleman 5/15/97 Primary with Mother Samantha N. Coleman 10/13/99 Primary with Mother 2. A Conciliation Conference was held on July 20, 2007 and an Order of Court issued October 15, 2007. A custody hearing was held before the Honorable Kevin A. Hess, J. on March 5, 2008 and an Order was issued March 27, 2008. Father had filed a Petition for Contempt and a Conciliation Conference was held March 31, 2008 with the following individuals participating: The Father, Scott Coleman, with his counsel, Barbara Sumple-Sullivan, Esquire The Mother, Ellen Coleman, with her counsel, Jessica Holst, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: $John an, Esq ody onciliator r.,A.W OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-19$1 PHONE (717) 774-1445 FAX (717) 774-7059 May 22, 2008 Ms. Ellen M. Coleman 779 Erford Road Camp Hill, PA 17011 Re: Scott M. Coleman v. Ellen M. Coleman Dear Ms. Coleman: I am providing to you a copy of the Order of Court dated May 22, 2008. Since your Petition for Reconsideration was not granted and the time period for appeal to the Superior Court has lapsed, your petition is mooted.. Therefore, you must comply with the Orders of Court dated March 27, 2008 and April 3, 2008. This letter is to advise you that you are expected to comply with those Orders. • You must begin immediate compliance with the order by having the children available for pick up by my client on Saturday, May 24, 20018 at 8:00 a.m. for his weekend • You must begin immediate compliance with the order by having the children call daily at 4:00 p.m. You had ceased these calls as of April 21, 2008. My client will continue to allow you to call the children at 9:00 p.m. during his custodial periods. • I understand that you have cancelled counseling dates for Tyler and have not scheduled any counseling for Drew and Samantha. I will give you seven (7) days to complete this scheduling. I understand that a re-scheduled appointment exists for Tyler. DO NOT CANCEL OR CHANGE THAT DATE AGAIN. Also, please provide my office written confirmation of the dates of appointments for the other children within the week. • Please be reminded that the summer schedule will commence the first Saturday after school lets out. I understand that school ends on June S, 2008. Therefore, EXHMrr C Ms. Ellen M. Coleman May 22, 2008 Page 2 my client's summer vacation will commence on Saturday, June 7, 2008. Mr. Coleman will be at the residence to pick up the children at 9:00 a.m. on June 7,x2008. You will then pick the children up from his residence at 9:00 a.m. on June 13th. Since no attorney has entered an appearance on your behalf, I am faxing this to your attorney of record, Jessica. Hoist, Esquire. Barbara Sumple-Sullivan BSSAh Enclosure cc: Jessica Hoist, Esquire (w/encl) (Via fax and regular mail) Mr. Scott M. Coleman (w/encl) arbam Sumple-Sullivan. Esquire MAY I slime upreme Court *32317 549 Bridge Sbvd New Cumberland. PA 17070 (717) 774-1445 It SCOTT M. COLEMAN, IIv TEE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PINNSYLVANIA V. ELLEN M. COLEMAN, Defendaru CWL ACTION - CUSTODY : NO, 07-3330 ORDER AND NOW, this Z2-'=?day of njq 2008, upon, consideration of Plaintiffs Motion to Strike Petition for Reconsideration Filed by Defendant, it is further ORDERED and DECREED that ... and the Custody Conciliation scheduled for May 28, 2008 is trim teel• c•?. .6c. f fore Lr het /? G'. Io i 9? a . Z BY THE COURT: Hess, Jr. J, .4 Barbara Su mple-Sullivan, Esquire Suprrane Court #32317 549 Bridge Strea .. New Cumberland, PA 17070 (717) 774-1445 I. SCOTT M. COLEMAN, Plaintiff V. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT', PENNSYLVANIA CIVIL ACTION -CUSTODY : NO. 07-3330 VERIFICATION I, Scott M. Coleman, hereby certify that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: 0 8 SCOTTM. C L MAN AO The Honorable Judge Kevin A. Hess Courtroom #4 Cumberland County Courthouse C 1 Courthouse Square K . = Carlisle, PA 17013 o 1 25 July 28 2008 rn , G Ji Re. Scott M. Coleman v. Ellen M. Coleman ° Docket No. 07-3330 (Cmtodv,) Cumberland County Motion to Strike Petition for Contgnmpt Dear Honorable Judge Hess, I am asking for a motion to strike the petition for contempt in the above mentioned case, which was filed on June 3, 2008 by Ms. Sumple-Sullivan on behalf of her client Scott Coleman. The reason to strike the motion is Mr. Coleman had indeed signed a new custody agreement in which both parties agreed to and had notarize on June 7, 2008. The parties had been following this modification on their own until the agreement could be signed in front of a notary. Only after Mr. Coleman signed the new mutually agreed upon custody modification did he then go to his attorney and request a contempt be filed. Since both parties have agreed upon this modification and have had it signed before a notary the court must find this new modification to be valid and binding. However there should be some charge of contempt on Mr. Coleman's part considering that Mr. Coleman signed the new mutually agreed upon modification and then 2 days later signed a verification stating all statements made in his petition for contempt were true and correct to the best of his personal knowledge, information and belief. In the verification it also states that he understands that false statements herein are made subject to penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. When he signed the verification he knew that there had been a different arrangement for custody and that he signed the new modification. To have this hearing would be a waste of "the court's time since the parties have a new arrangement in place. The petition for contempt was only filed because Mr. Coleman and Ms. Sumple-Sullivan were not happy with another issue involving the divorce of the parties which has nothing to do with the custody of the children. Nothing stated in Mr. Coleman's petition addresses the new modification which both parties agreed to and was signed prior to the petition for contempt filing and therefore should be stricken by the court. Attached please find the copy of the petition for contempt filed on Mr. Coleman's behalf, the new mutually agreed upon modification to the custody order which was signed on May 28, 2008, the mutually agreed upon ?? .a .. [ - ? ? ._ modification to the custody order signed in front of the notary, the original custody order and the request for a new order to be issued based upon the agreement reached by both parties and since the court has requemed that the mutually agreed upon arrangement be done in writing the court should honor this arrangement and strike the petition for contempt. If you should have any questions please feel fi-ee to contact me at the following address or number: 779 Erford Rd, Camp Hill, PA 17011 717-439-4261 Respectfully Yours, CJQ "I?Q Ellen M. Coleman Enclosures cc: Barbara Sumple-Sullivan Mr. Scott M. Coleman VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unworn falsification to authorities. Azz?ls Date (?a )?, 'tioner Ellen M. Coleman 779 Erford Rd. Camp Hill, PA 17011 SCOTT M. COLEMAN Plaintiff -1* V. ELLEN M. COLEMAN Defendant JN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - CUSTODY :DOCKET NO. 07-3330 CERTIFICATE OF SERVICE I certify that a true and correct copy of the Motion to Strike the Contempt, filed by the Petitioner was served upon the Respondent in the above case by: First Class mail, postage prepaid at the following address: Scott M. Coleman And 195 Beagle Club Rd Carlisle, PA 17013 I certify that this service was made on th Barbara -Sample-Sullivan 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff rr?` ss. "? C P 10/ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY ELLEN M. COLEMAN, Defendant NO. 07-3330 NOTICE AND ORDER TO APPEAR Legal Proceedings have been brought against you alleging that you have willfully disobeyed an order of court of custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses and objections. Whether or not you file in writing with t 4e court you defenses or objections, you must appear in person in court on the day of 2008, at /D 'Y M., in Courtroom of the Cumberland ounty Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOU ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may be found in contempt of court and committed to jail, fined or both. 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, Pennsylvania 17013 (717) 249-3166 FOR THE COURT, J. vin A. Hess Azi ? i. AUG 0 6 2008 ?b SCOTT M. COLEMAN :1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. _ :CIVIL ACTION - CUSTODY ELLEN M. COLEMAN :DOCKET NO. 07-3330 Defendant ORDER AND NOW, this 2 day of 20 b , upon consideration of the foregoing Petition it is hereby ORDERED that the petitioner be excused from payment of the filing fee in this matter. Ll I " J? C\ l t.? ) ti.A,,,• SCOTT M. COLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN DEFENDANT 2007-3330 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 02, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 12, 2008 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to 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: ls/ john j. -jr-, Man€;an,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 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 olnO ?; u?s? f`11- SCOTT M. COLEMAN : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this 23% day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED. 2. Legal Custody: Scott Coleman and the Mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94. Scott Coleman, the Mother and Scott Fingerhoot shall have shared legal custody of Drew M. Coleman, born 5/15/97 and Samantha N. Coleman, born 10/13/99. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Scott Coleman's partial physical custody as follows: a. Commencing 9/20/08, Scott Coleman shall have physical custody of the Children (all three) the third weekend of every month. Scott Coleman shall have custody of Drew and Samantha from Saturday 11:00 am until Sunday 6:00 pm and shall have custody of Tyler from 11:00 am Saturday until Monday morning whereby Scott Coleman shall bring Tyler to school. The Saturday exchange shall take place at the bowling alley. Mother shall pick up Drew and Samantha for the Sunday exchange. b. Scott Coleman shall have physical custody of Tyler the first weekend of every month from 11:00 am Saturday until Monday morning whereby Scott Coleman shall bring Tyler to school. C. For the purpose of determining when a weekend starts, Friday shall be the start of a weekend. d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. w 4. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Guidance Associates. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. It is agreed that a custody evaluation may be beneficial to the instant matter with a mutually agreed upon professional. In the absence of agreement, Riegler Schienvold and Associates shall be utilized. The allocation of costs for the evaluation shall be determined at the scheduled hearing in the related litigation between Scott Fingerhoot and Mother. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: For Drew and Samantha, Christmas shall be broken into three blocks. Block A shall be from 12/23 at 6:00 pm until 12/24 6:00 pm. Block B shall be from 12/24 6:00 pm until 12:00 pm on 12/25. Block C shall be from 12:00 pm on 12/25 until 12/26 at 12:00 pm. For 2008, Mother has Block A, Scott Fingerhoot has block B and Scott Coleman has block C. In succeeding years, whomever has Block C shall then have Block A, whomever has Block A shall then have Block B and whomever has Block B shall then have Block C. In regard to Tyler for Christmas, there shall be two blocks. Block A shall be from 10:00 am on 12/24 until 12:00 pm on 12/25 and Block B shall be from 12:00 pm 12/25 until 12/26 at 6:00 pm. Scott Coleman shall have Block A in even years and Block B in odd years. Mother shall have Block A in odd years and Block B in even years. For Drew and Samantha, Thanksgiving shall be broken into three blocks. Block A shall be from 6:00 pm on Wednesday before Thanksgiving until 12:00 pm Thursday. Block B shall be from Thursday 12:00 pm until Friday at 12:00 pm. Block C shall be from Friday 12:00 pm until Saturday 6:00 pm. For 2008, Mother has Block A, Scott Fingerhoot has block B and Scott Coleman has block C. In succeeding years, whomever has Block C shall then have Block A, whomever has Block A shall then have Block B and whomever has Block B shall then have Block C. In regard to Tyler for Thanksgiving, there shall be two blocks. Block A shall be from 6:00 pm Wednesday before Thanksgiving until Thursday 6:00 pm and Block B shall be from Thursday 6:00 pm until Friday 6:00 pm. Scott Coleman shall have Block A in even years and Block B in odd years. Mother shall have Block A in odd years and Block B in even years. A summer vacation schedule shall be addressed after the custody evaluation has been done and family counseling has started. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered pursuant to 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 Court, J. gistribution: I -/E en Coleman, 29 East Locust Street, Mechanicsburg, PA 17055 lissa Peel Greevy, Esquire Mar baza Sumple-Sullivan, Esquire ?o J. Mangan, Esquire ':71tv t7otw-."' gfjy?o? d- J = d' V6- i SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3330 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tyler R. Coleman 1/12/94 Primary with Mother Drew M. Coleman 5/15/97 Primary with Mother Samantha N. Coleman 10/13/99 Primary with Mother 2. A Conciliation Conference was held on July 20, 2007 and an Order of Court issued October 15, 2007. A custody hearing was held before the Honorable Kevin A. Hess, J. on March 5, 2008 and an Order was issued March 27, 2008. Father had filed a Petition for Contempt and a Conciliation Conference was held March 31, 2008 and an Order issued April 3, 2008. Mother filed a Petition to Modify and a conference was held September 12, 2008 with the following individuals participating: The Father of Tyler and in loco parentis Father of Drew and Samantha, Scott Coleman, with his counsel, Barbara Sumple-Sullivan, Esquire The Mother, Ellen Coleman, pro se. The biological Father of Drew and Samantha, Scott Fingerhoot, with his counsel, Melissa Peel Greevy, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: (/zS JohA/ an, Esq ' e Cus ody onciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS V. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY ELLEN M. COLEMAN, : Defendant NO. 07-3330 PETITION FOR CONTEMPT 1. Petitioner is Plaintiff, Scott M. Coleman, an individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Defendant, Ellen M. Coleman, an individual residing at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. The parties were married on September 12, 1990 and separated May 4, 2007. 4. Petitioner and Respondent are the natural parents of one (1) minor child, being, Tyler R. Coleman (born January 12, 1994). Additionally, Respondent is the natural mother of two (2) minor children who were born during the marriage, being, Drew M. Coleman (born May 15, 1997) and Samantha N. Coleman (born October 13, 1999). Petitioner only recently became aware that the two younger children were not his natural children. This fact was confirmed by genetic testing, ordered through the Domestic Relations Office upon Order of Judge Guido. Throughout the party's marriage and presently, Respondent 1 stood in loco parentis to Respondent's two minor children believing they were his natural children. 5. On or about August 6, 2008, Respondent filed a Petition to Modify, seeking modification of the March 27, 2008 and April 3, 2008 Orders of Court. 6. Also, on or about August 26, 2008, the natural father of Drew and Samantha, Scott Fingerhoot, filed a Custody Complaint seeking primary physical custody and shared legal custody of the children. 7. Based on these filings, a Custody Conciliation was held on September 12, 2008, with Custody Conciliator, John J. Mangan, Jr., Esquire, where all parties came to an agreement and same was entered as an Order on September 23, 2008. A true and correct copy of same is attached hereto as Exhibit A. 8. The September 23, 2008 Order provided for Petitioner and Respondent to have shared legal custody of the parties' son Tyler and for Petitioner, Respondent and Scott Fingerhoot to have shared legal custody of Drew and Samantha. 9. Paragraph 3 of the September 23, 2008 Order provides, inter alia: 3. Physical Custody Mother shall have primary physical custody of the Children subject to Scott Coleman's partial physical custody as follows: a. Commencing on 9/20/08, Scott Coleman shall have physical 2 custody of the Children (all three) the third weekend of every month. Scott Coleman shall have custody of Drew and Samantha from Saturday 11:00 a.m. until Sunday 6:00 p.m. and shall have custody of Tyler from 11:00 a.m. Saturday until Monday morning whereby Scott Coleman shall bring Tyler to school. The Saturday exchange shall take place at the bowling alley. Mother shall pick up Drew and Samantha for the Sunday exchange. b. Scott Coleman shall have physical custody of Tyler the first weekend of every month from 11:00 a.m. Saturday until Monday morning whereby Scott Coleman shall bring Tyler to school. 10. Respondent has already violated the September 23, 2008 Order by failing to have Samantha and Tyler available for Petitioner's custodial period for the weekend of September 20, 2008, the first weekend the Order was in effect. 11. Respondent also violated paragraph 3 of the Order by picking Tyler up on Saturday, October 4, 2008 at 6:00 p.m. from Petitioner's home during Petitioner's weekend and failing to return the child to Petitioner for the remainder of the weekend. Petitioner believed that Respondent picked up the child so he could go on a date and she would be returning him that night when the date was over. Petitioner missed his custodial period with Tyler from Saturday, October 4, 2008 overnight through Monday, October 6, 2008 to school. 12. Paragraph 4 of the September 23, 2008 Order provides, inter alia: Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Guidance Associates. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 3 13. As of October 6, 2008, it has been confirmed with Guidance Associates that Respondent has not contacted their office to begin therapeutic counseling. Therefore, Respondent is in contempt of paragraph 4 of the Order. 14. It is crucial that the parties begin this counseling due to the current relationship between Petitioner and the children. 15. Paragraph 6 of the September 23, 2008 Order provides, inter alia: The non-custodial parent shall have liberal telephone contact with the children on a reasonable basis. 16. To date, Respondent has also not permitted phone contact pursuant to paragraph 6 of the Order. Respondent has even sent a text message to Petitioner threatening to call the police for harassment if Petitioner attempts to call the children. 17. Respondent has not allowed Petitioner any contact with the children other than the visit by Drew during the weekend of September 20, 2008 and the partial visit with Tyler during the day on October 4, 2008. 18. Paragraph 9 of the September 23, 2008 Order provides, inter alia: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the 4 other parent in the presence of the children. 19. On Saturday, October 4, 2008, during Petitioner's custodial time with Tyler, the child stated to Petitioner that he has not been paying support and Petitioner has been stealing from the child's grandparents. It is believed that Respondent has been telling the children these untruths in an attempt to make Petitioner look bad. This is in direct contempt of paragraph 9 of the Order. 20. Respondent continues to act without regard to the Orders of Court and the emotional well being of the children. 21. Petitioner has been forced to file numerous Contempt Petitions based on Respondent's willful failure to follow each and every one of the custody orders since the inception of this matter. 22. Petitioner's initial Petition for Contempt was filed on February 21, 2008 due to Respondent's repeated lateness to custody exchanges, her failure to have the children available to Petitioner for his custodial periods, her failure to allow Petitioner telephone access to the children and Respondent's continued disparaging remarks about Petitioner to the children. 23. Following a Custody Conciliation, an Order was entered on April 3, 2008, setting forth: 2) Father's Petition for Contempt is hereby held in abeyance with the full understanding that Father's issues raised therein have not been fully resolved. Should either party not fully and faithfully abide by the terms of this Order of Court, a Contempt hearing shall be scheduled accordingly and substantial attorney fees be awarded to the prevailing party. 24. No Contempt hearing has been held and no adjudication has been made on the prior issues to date. 25. Petitioners most recent Petition for Contempt was filed on June 4, 2008, alleging that Respondent was in contempt of the Order of Court dated April 3, 2008. This was based on Respondent's failure to allow Petitioner telephone access to the children, failure to allow Petitioner numerous periods of physical custody of the children and Respondent's failure to schedule and attend counseling with Guidance Associates. 26. No adjudication has been made on the June 4, 2008 Petition for Contempt to date. 27. Petitioner requests this Honorable Court hold Respondent in contempt and fine and/or otherwise incarcerate Respondent for said contempt, including her contempt actions relating to all prior orders. 28. Petitioner also requests this Honorable Court require immediate compliance with the current Order of Court. 6 29. Petitioner also requests this Honorable Court require Respondent to contact Guidance Associates to begin therapeutic family counseling immediately. 30. Petitioner also requests make-up time for all of Petitioner's missed periods of physical custody throughout this matter. 31. Petitioner also requests this Honorable Court enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition and any other related Contempt Petitions. 32. The Honorable Judge Kevin A. Hess was previously assigned to the custody matter. 33. No concurrence has been received from Respondent. WHEREFORE, Petitioner requests this Honorable Court enter an Order: i. Holding Respondent in contempt of the various orders and fine and/or otherwise incarcerate Respondent for said contempt; ii. Requiring immediate compliance with the September 23, 2008 Court Order; iii. Respondent is immediately required to contact Guidance Associates to set up therapeutic family counseling within the next fourteen (14) days for Plaintiff and Tyler; 7 iv. Scheduling make-up time for Petitioner with the children for all missed custodial periods; V. Judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition and any other related Contempt Petitions; and vi. Any other relief the court deems equitable. DATE: October 10, 2008 Barbara'Mfiple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 8 EXHIBIT "A" SCOTT M. COLEMAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3330 Civil Term ELLEN M. COLEMAN Defendant : ACTION IN CUSTODY Prior Judge: Kevin A. Hess, J. ORDER OF COURT AND NOW this a"- Y of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court entered in this matter are hereby VACATED. 2. Legal Custody: Scott Coleman and the Mother, Ellen Coleman, shall enjoy shared legal custody of Tyler R. Coleman, born 1/12/94. Scott Coleman, the Mother and Scott Fingerhoot shall have shared legal custody of Drew M. Coleman, born 5/15/97 and Samantha N. Coleman, born 10/13/99. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Scott Coleman's partial physical custody as follows: a. Commencing 9/20/08, Scott Coleman shall have physical custody of the Children (all three) the third weekend of every month. Scott Coleman shall have custody of Drew and Samantha from Saturday 11:00 am until Sunday 6:00 pm and shall have custody of Tyler from 11:00 am Saturday until Monday morning whereby Scott Coleman shall bring Tyler to school. The Saturday exchange shall take place at the bowling alley. Mother shall pick up Drew and Samantha for the Sunday exchange. b. Scott Coleman shall have physical custody of Tyler the first weekend of every month from 11:00 am Saturday until Monday morning whereby Scott Coleman shall bring Tyler to school. C. For the purpose of determining when a weekend starts, Friday shall be the start of a weekend. d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Guidance Associates. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. It is agreed that a custody evaluation may be beneficial to the instant matter with a mutually agreed upon professional. In the absence of agreement, Riegler Schienvold and Associates shall be utilized. The allocation of costs for the evaluation shall be determined at the scheduled hearing in the related litigation between Scott Fingerhoot and Mother. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: For Drew and Samantha, Christmas shall be broken into three blocks. Block A shall be from 12/23 at 6:00 pm until 12/24 6:00 pm. Block B shall be from 12/24 6:00 pm until 12:00 pm on 12/25. Block C shall be from 12:00 pm on 12/25 until 12/26 at 12:00 pm. For 2008, Mother has Block A, Scott Fingerhoot has block B and Scott Coleman has block C. In succeeding years, whomever has Block C shall then have Block A, whomever has Block A shall then have Block B and whomever has Block B shall then have Block C. In regard to Tyler for Christmas, there shall be two blocks. Block A shall be from 10:00 am on 12/24 until 12:00 pm on 12/25 and Block B shall be from 12:00 pm 12/25 until 12/26 at 6:00 pm. Scott Coleman shall have Block A in even years and Block B in odd years. Mother shall have Block A in odd years and Block B in even years. For Drew and Samantha, Thanksgiving shall be broken into three blocks. Block A shall be from 6:00 pm on Wednesday before Thanksgiving until 12:00 pm Thursday. Block B shall be from Thursday 12:00 pm until Friday at 12:00 pm. Block C shall be from Friday 12:00 pm until Saturday 6:00 pm. For 2008, Mother has Block A, Scott Fingerhoot has block B and Scott Coleman has block C. In succeeding years, whomever has Block C shall then have Block A, whomever has Block A shall then have Block B and whomever has Block B shall then have Block C. In regard to Tyler for Thanksgiving, there shall be two blocks. Block A shall be from 6:00 pm Wednesday before Thanksgiving untilThursday 6:00 pm and Block B shall be from Thursday 6:00 pm until Friday 6:00 pm. Scott Coleman shall have Block A in even years and Block B in odd years. Mother shall have Block A in odd years and Block B in even years. A summer vacation schedule shall be addressed after the custody evaluation has been done and family counseling has started. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial parry shall notify the other parties as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered pursuant to 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 Court, liel, Distribution: Ellen Coleman, 29 East Locust Street, Mechanicsburg, PA 17055 Melissa Peel Grreevy, Esquire Barbara Sumple-Sullivan, Esquire John J. Mangan, Esquire a fs z - ? t F 7 ?? SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant Prior Judge: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3330 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tyler R. Coleman 1 / 12/94 Primary with Mother Drew M. Coleman 5/15/97 Primary with Mother Samantha N. Coleman 10/13/99 Primary with Mother 2. A Conciliation Conference was held on July 20, 2007 and an Order of Court issued October 15, 2007. A custody hearing was held before the Honorable Kevin A. Hess, J. on March 5, 2008 and an Order was issued March 27, 2008. Father had filed a Petition for Contempt and a Conciliation Conference was held March 31, 2008 and an Order issued April 3, 2008. Mother filed a Petition to Modify and a conference was held September 12, 2008 with the following individuals participating: The Father of Tyler and in loco parentis Father of Drew and Samantha, Scott Coleman, with his counsel, Barbara Sumple-Sullivan, Esquire The Mother, Ellen Coleman, pro se. The biological Father of Drew and Samantha, Scott Fingerhoot, with his counsel, Melissa Peel Greevy, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: Al '14111e?- - Jo an, Esq ' e Cus dy onciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant : CIVIL ACTION -CUSTODY : NO. 07-3330 VERIFICATION I, Scott M. Coleman, hereby certify that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: SCOTT M. C EMAN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant : CIVIL ACTION -CUSTODY : NO. 07-3330 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by via facsimile and United States first-class mail, postage prepaid, addressed as follows: Ms. Ellen M. Coleman 29 Locust Street Mechanicsburg, PA 17011 Melissa P. Greevy, Esquire Johnson, Duffy, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 DATE: October 10, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner f ? ??? S"..` r_ ?? ?? .,?? ?, ' ri- -n v <?? ? - ? -, .rr _? f _ ` ? ? ? t C? v ?'? ; ti? V V SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3330 CIVIL ELLEN M. COLEMAN, Defendant IN CUSTODY IN RE: MOTION FOR CONTEMPT ORDER AND NOW, this Al day of October, 2008, a hearing is set in the above-captioned matter for Friday, October 24, 2008, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ." Xarbara Sumple-Sullivan, Esquire For the Plaintiff Xlen M. Coleman 29 East Locust Street Mechanicsburg, PA 17055 S ,Xelissa P. Greevy, Esquire :rim C-i s saw _, cy tom.-?-T' r ? - SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-3330 CIVIL ELLEN M. COLEMAN, : Defendant IN CUSTODY IN RE: MOTION FOR CONTEMPT ORDER AND NOW, this g? day of October, 2008, after hearing, a contempt citation is issued in this case and the respondent, Ellen M. Coleman, is ordered and directed to appear for further hearing, set for Friday, December 5, 2008, at 11:00 a.m. in Courtroom Number 4, on the issue of whether she should be adjudicated in contempt and whether sanctions should be imposed. Pending the hearing, the respondent, Ellen M. Coleman, is ordered and directed to contact Guidance Associates to set up therapeutic family counseling for the child, Tyler, and the plaintiff, Scott M. Coleman. She is directed to make contact with Guidance Associates within ten (10) days of this order. In addition, pending further proceedings, she is ordered and directed to comply with the existing custody order and shall be assessed a fine of $75.00 for each and every day in which she is in violation of the order unless the father waives his rights of custody for any particular day or period. BY THE COURT, c?:.. CIA ZBarbara Sumple-Sullivan Esquire For the Plaintiff ? Ellen M. Coleman 29 East Locust Street Mechanicsburg, PA 17055 ?Uuidance Associates :rlm ?Da l ES rn et L L, Iv'201?8 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3330 CIVIL ELLEN M. COLEMAN, Defendant IN CUSTODY IN RE: MOTION FOR CONTEMPT ORDER AND NOW, this 9 day of December, 2008, after hearing, adjudication of contempt is DEFERRED on condition that the defendant make the children available for the plaintiff's periods of partial custody and that she facilitate the counseling for Tyler with Guidance Associates by every means possible including, but not limited to, the scheduling of regular appointments and assuring Tyler's presence. BY THE COURT, A. Hess, J. ? Barbara Sumple-Sullivan, Esquire For the Plaintiff Ellen Coleman, Pro Se 29 East Locust Street Mechanicsburg, PA 17055 :rlm tks cof Y? co