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HomeMy WebLinkAbout03-5042 ~3 -504J- ~ ~ o In The Court of Common Pleas Of Cumberland County, Pennsylvania DOMESTIC RELATIONS OFFICE Gerald R Morton Plaintiff )Docket Number 0195S2002 ) )PACSES Case Number )038105095 ) vs. Amber R Parlati Defendant COMPLAINT FOR PARTIAL CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: 1) The Plaintiff is Gerald R Morton, residing at 896 Cedars Rd, Lewisberry, Pa 17339 York County 2) The Defendant is Amber R Parlati, residing at 213 10tb St New Cumberland P A 17070 Cumberland County 3) Plaintiff seeks Partial Custody ofthe following child: Sophia Margaret Parlati DOB 10/2212002 213 10tb St AGE 11 Months New Cumberland PA 17070 Cumberland County The Child was born out of wedlock. The Child is presently in the custody of the Mother Amber R Parlati who resides at 213 101fl St New Cumberland P A 17070 Cumberland County She is Single The Father of the child is Gerald R Morton currently residing at 896 Cedars Rd Lewisberry P A 17339 York County He is Single 4) The Retationship ofthe Plaintiff to the Child is that ofthe Father. The Plaintiff currently resides alone at 896 Cedars Rd Lewisberry PA 17339 York County 5) The Relationship of the Defendant to the Child is that of the Mother. The Plaintiff currently resides with her mother( the child's grandmother) at 213 10lb St New Cumberland 17070 Cumberland County 6) Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe Child in this or another Court Plaintiff has no information of a custody proceeding concerning the Child pending in a Court of this Commonwealth Plaintiff does not know of a penon not a party to the proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. The best interest and permenent welfare of the Child will be served by granting of the renef requested because the Child has the right for frequent and unimpeded contact between both parents. Wherefore, plaintiff requests the Honorable Court to grant Partial Custodv of the Child. I verify that the statements made in this complaint are true and correct. I undentand that false statements herein are made subject to the penalties ofl8 PA C.S. 6 4904 relating to unsworn falsification to ;;: Kv/;; 1ldio~ GERALD R MORTON plaintiff pro se GERALD R. MORTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5042 CIVIL ACTION LAW AMBER R. P ARLA TI DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, October 28, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the eonferenee. Failure to appear at the eonference may provide grounds for entry of a temporary or permanent order. The eourt hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greev.y. Esq. Custody Conciliator Lo 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 TIUS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 ~ b -% ~ ~ (o-c7J{'-! *-P $ '1- ~14' 4; -p; /:?l' 'JzP'/J ~/N\f/\" ' JJ.Nno'J lASNN3-' -... O"'/Yi,''''' q ",~~OI;I"" I .. '''- "() c:, 1M 9, d3S CO J\lII."O"" (,H~ ",)" ) ~....r'l " .,,.. '....'...i!i..'....,' "" ::l"/U'n _c, .,J,I . V,~:J ..J-.(J]7J) .... :10 o~ 0 2003 ~ GERALD R. MORTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI Plaintiff NO. 03-5042 CIVIL TERM v. CIVIL ACTION - LAW AMBER R. PARLATI, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this fl.\ day of October, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Phvsical Custody. The Mother, Amber R. Parlati, shall have primary physical custody of the minor child. 2. The Father, Gerald R. Morton, shall participate in an anger management class such as is available through Tressler Lutheran Services or Mosaic Partnership. Following the successful completion of the program, and upon the written recommendation from the counselor that Father is able to participate in weekly one (1) hour supervised visits at the Visitation Center available through the Harrisburg YWCA, supervised visits shall begin. In order to facilitate this process. the Father shall cooperate with signing a consent to release information to Michael J. Connor, Esquire such that the counselor can verify the successful completion of the program and verify that Father does not present an imminent danger to the infant and is ready to begin supervised visits. When Mother's counsel has received such written verification from the counselor, he shall coordinate the commencement of the supervised visits. 3. This Order is temporary in nature. The Custody Conciliation Conference may reconvene upon the filing of a petition. J. Dist: vGerald R. Morton, 896 Cedars Road, Lewisberry, PA 17339 <.o"Michael J. Connor, Esquire, 30 N. George Street, York, PA 17401 I )~ RXs I 0- ~~-03 ~/.r.\!\J'\7' ~\," ' II/!\\r/i ''\\iVi!'':;d 1 n,,'n~",'" ",,",,' "_. 'It!", " , ' " "":"'),,:;VV,li() /f.' 'r~ , VlJ '(. ;' i /1"" c,~ v vU f.,1) Plaintiff IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVANI NO. 03-5042 CIVIL TERM GERALD R. MORTON, v. AMBER R. PARLATI, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDUR 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Sophia Margaret Parlati October 22, 2002 Mother 2. The parties' first Custody Conciliation Conference was held on October 16, 2003 following Father's filing of a pro se Complaint for Partial Custody on September 23, 2003. Present for the Conference were: the Father, Gerald R. Morton. pro se; the Mother, Amber R. Parlati, and her counsel. Michael J. Connor, Esquire. 3. The p,rt'oo ffi'","" '" '.'eemoo' '" 'h~" O'de, " '."hed j'?' M( 03 ~i.~~ G~ffi Custody Conciliator :219748 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile DDurdv@mwn.com Attorneys for Plaintiff GERALD MORTON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 civil term AMBER R. PARLATI, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Gerald Morton, by and through his attorneys, McNees Wallace & Nurick LLC, and hereby petitions the Court to modify the Order of Custody entered on October 21, 2003, and in support therefore, avers the following: 1. Plaintiff is Gerald Morton (hereinafter "Father") who currently resides at 1956 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Amber R. Parlati (hereinafter "Mother") who currently resides at RR 2, Box 195, Loysville, Perry County, Pennsylvania. 3. The parties hereto are the parents of the following minor child: Child Present Residence Dat~ of Birth Sophia Margaret Parlati RR2, Box 195 Loysville, PA October 22,2002 4. On October 21, 2003, after a conciliation with Melissa P. Greevy, Esquire, the Court entered a Temporary Order of Custody. A true and correct copy of this Order is attached hereto and marked as Exhibit "A." 5. The Temporary Custody Order granted Mother primary physical custody of the child and directed that Father participate in anger management classes. 6. The Temporary Custody Order also states that following the successful completion of the anger management classes and upon written recommendation from the counselor that the Father is able to participate in weekly (one-hour supervised) visitation at the visitation center through the Harrisburg YWCA, supervised visits should begin. 7. The Temporary Custody Order also provides that Father cooperate with signing a consent to release information to Defendant's prior attorney, Michael J. Conner, Esquire, so that the counselor can verify that successful completion of the program, and verify that Father does not present an imminent danger to the child. 8. Father entered into individual therapy at Family Life Services with Martin Young, LPC, and participated in counseling sessions on May 5, 2004, June 22, 2004, July 6, 2004, July 13, 2004, July 20, 2004, and August 3, 2004. 9. Thereafter, when Father attempted to inform Defendant's counsel that he had completed his therapy as required under the Temporary Custody Order, Mr. Conner informed him that he no longer represented Mother. 10. In addition, Mother refuses to speak with Father with regard to current custody issues and Father's ability to spend time with daughter. 11. Father has not seen daughter since December 23,2002. 12. The best interests and permanent welfare of the child be served by granting Mother primary physical custody, and Father partial physical custody, and shared legal custody to both parties. WHEREFORE, Plaintiff respectfully requests that this Honorable Court modify the Temporary Custody Order entered on October 21, 2003, as set forth above. Respectfully submitted, McNEES WALLACE & NURICK LLC By Dated: October 24,2005 Attorneys for Defendant C~hJlf 4, - e e o~ 0 2003 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI NO. 03-5042 CIVIL TERM CIVIL ACTION - LAW GERALD R. MORTON, v. AMBER R. PARLATI, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this 1L \ day of October, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: . 1. Phvsical Custody. The Mother, Amber R. Parlati, shall have primary physical custody of the minor child. 2. The Father, Gerald R. Morton, shall participate in an anger management class such as is available through Tressler Lutheran Services or Mosaic Partnership. Following the successful completion of the program, and upon the written recommendation from the counselor that Father is able to participate in weekly one (1) hour supervised visits at the Visitation Center available through the Harrisburg YWCA, supervised visits shall begin. In order to facilitate this process, the Father shall cooperate with signing a consent to release information to Michael J. Connor, Esquire such that the counselor can verify the successful completion of the program and verify that Father does not present an imminent danger to the infant and is ready to begin supervised visits. When Mother's counsel has received such written verification from the counselor, he shall coordinate the commencement of the supervised visits. 3, This Order is temporary in nature. The Custody Conciliation Conference may reconvene upon the filing of a petition. J. Dist: vGerald R. Morton, 896 Cedars Road, Lewisberry, PA 17339 (/Michael J. Connor, Esquire, 30 N. George Street. York, PA 17401 I )~ RXs J 0 ~ 1~-63> e e CT ~. j .. :':'f'?~~();.;F:C:r: iT{\FfY O;j OCT 2 I OJ 3: :12 C' 'll~;,..,>. '". "u' r,,"I,\/ UIVl::...r,,-, ,L.." _t-l '.....--.. 1,,11 PENNSYLIJAN:/\ e e Plaintiff IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY. PENNSYLVANI NO. 03-5042 CIVIL TERM GERALD R. MORTON. v. AMBER R. PARLATI, CIVIL ACTION - LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDUR 1915.3-8, the undersigned Custody Conciliator submits the following report: 1 . The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Sophia Margaret Parlati October 22, 2002 Mother 2. The parties' first Custody Conciliation Conference was held on October 16, 2003 following Father's filing of a pro se Complaint for Partial Custody on September 23, 2003. Present for the Conference were: the Father, Gerald R. Morton, pro se; the Mother, Amber R. Parlati, and her counsel, Michael J. Connor, Esquire. 3. The parties reached an agreement in lh~n Order as attached. Li?M (0) ~~l?!~re Custody Conciliator :219748 - f:~lbJ B --- FAMILY LIFE IRVICES. CAPITAL REGION e Diakon Lutheran Social Ministries September 15, 2005 To Whom It May Concern: I am writing to document that Gerald Morton (SSN: 171-58-0712, DOB: 08/08/1969) participated in individual therapy at Family Life Services on the f{lllowing dates: 5/5/2004 (Initial Evaluation), 6/22/2004, 7/6/2004, 7/13/2004, 7/20/2004, and 8/3/2004. During these sessions, Mr. Morton actively participated in developing and working on the goals of increasing assertiveness and preparing for regular contact with his daughter. Should you require further information regarding this case, please secure the requisite releases of confidential information and forward them to my attention at: Family Life Services 960 Century Drive Mechanicsburg, P A 17055 Martin Young, LPC Clinical Director, FLS/CR Phone PA Toll Free Fax 960 Century Drive Mechanicsburg, PA ] 7055 717795,0330 866,700.6868 717.795.0407 www.diakon.org VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Dated: jj/~/P CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 24th day of October, 2005, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Laurie A. Saltzgiver, Esquire Meyers Desfor Saltzgiver & Boyle 410 North Second street PO Box 1062 Harrisburg, PA 17108 L Pamela L. Purdy Of Counsel for Defendant N (:J -k). \l\c; - _ ...t C> c5 w (Y ~&~ 1- PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLV ANIA GERALD MORTON V. 03-5042 CIVIL ACTION LA W AMBER R, PARLATI DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. _---..:!"-esday, Novembfl'OI, 2005 _______, upon consideration of the attached Complaio!. it is herehy directed that parties and their respective counscl appear he fore Melissa P. Greevy, Esq. , the conciliator, at IY'IY..IY'..a..~..I.ove's, I 9..0..I.....~t.a..~e..~_t2_~a-'!lp_'!~'-',_P~I.?~I.!... on December 2005 at 9:00 AM for a Pre-Hearing Custody Confcrence, At such confercnce, an effort will he made to rcsolve the issues in disputc; or if this cannot be accomplished, to define and nurro\\' the issues to be heard by the court, and to enter into a temporary' order. All children age Jive or older mav also be present at the conference. Failure to appear at the conference 111<1\ provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief orders, and Custodv orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy, EsCL..._ Custody Conciliator 'ppJ Thc Court of Common Pleas ofCumbcrland County is required by law 10 comply with the Americans with Disabilitcs ACl or 1990. For inlormation about accessible facilities and reasonable accommodations available to disabled indiv'iduals having business before the court, please contact our office. All arrangements must be made at least 72 hOllrs 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 NOI HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TEU::PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIF-:LP. Cumberland County Bar Association 3" Somh Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 ~"~1 .~ "rut ~J'9 wnf~?1? Z,#~ ~ k .$pz ~'~,l I?f? VJNVi\lASNN3d "Nr,r;:^:''"" -r'L:;;:'f.^'n'" AiJ ,,-.".' -. \-__;~_-.../i~ V '1 S :6 \4V 2 - ^OH SOOZ Ai:fvl0NOrllCt1d 31-tl :JO 38i:!:IO--G3ll::l )0 r'l/ 50, e.J/ ->0 ("-II ., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA GERALD MORTON, v. AMBER R. PARLATI, Defendant : NO. 03-5042 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things, pursuant to Rule 4009.22, Plaintiff certifies the following: (1) a Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed to the Dl~fendant at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the Notice of Intent, including tho proposed subpoena, a copy of the letter addressed to the DefEmdant, and a Certificate of Mailing, are attached to this Certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the one which is attached to the Notice of Intent to serve the subpoena. Date: December 20, 2005 By M?1-{ Pamela L. urdy 100 IDine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Attorneys for Plaintiff '. GERALD MORTON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5042 AMBER R. PARLATI, Defendant : CIVIL ACTION - IN CUSTODY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS To: AMBER R. PARLATI, Defendant Plaintiff intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpol3na. If no objection is made, the subpoena may be served. McNEES WALLACE & NURICK LLC Date: November 28, 2005 By {J~ L ~amela L. Purdy 100 Pine Street P.O. Box 1 '166 Harrisburg, PA 17108 (717)232-8000 Attorneys for Plaintiff CQMol)NWEALTH OF PmNSYLV1\NIA mJNl"{ OF CUMBERIAND GERALD MORTON, Plaintiff File No. 03-5042 v. AMBER R. PARLATI, Defendant SUBPOENA TO PROOUCE DOa.t'ENTS OR 1l-i I NGS FOR DISCOVERY PURSUANT TO RULE 400~.22 TO: Custodian of records for HARRISBURG AREA COMMUNITY COLLEGE (Nane of Person or Entity) Within twenty (20) .days after service of this subpoena, you are ordered by the court to produce the following docunents or things: a certified or true and attested copy of any and all r~cords and transcripts that indicate a.nd show the student status or withdrawal date of Amber R. Parlati, ss~ 172662731, dob 11/1/81 at offices of McNees Wallace & Nurick, 100 Pine Street, Harrisburg (Address) You may deliver or mail legible copies of the documents or produce things requested by th i s subpoena, together with the cert if icate of, carp 1 i 11l1Ce, to the party mak i ng th i s request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought, If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this ~'ubpoena may seek a court order carpelling you to carply with it. 1l-t I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOlLCW I NG PERSON: ~: Pamela L. Purdy, Esq. of McNees Wallace & Nurick ADORESS:_!,.O. Box 1166 Harrisburg, PA 17108 TELEPt-K)NE: 232-8000 SUPREt'E cnJRT I D # 85783 ATTORNEY FOR: Plaintiff BY THE COJRT: Prothonotar'VIClerk, Civil Division DATE: seal of the Court Deputy (Eff. 7/97) Aly',N McNees Wallace & Nurick LLC attorneys at law CHAI~MAINE Y. O'HARA PARA.LEGAL OIRECT OIAL: (717) 237.5272 E-MAIL ADDRESS:COHARA@MWN.COM November 28, 2005 Amber R. Parlati RR 2, Box 195 Loysville, PA 17047 RE: Morton v. Parlati Dear Ms. Parlati: Enclosed is a Notice of Intent to Serve a Subpoena for Documents. Also enclosed is a Waiver of the Twenty-Day Waiting Period that we ask you to sign and return to me in the self-addressed envelope provided. Very truly yours, ~~4'~~ Charmaine Y. O'Hara Paralegal Enclosures c: Gerald Morton PO. Box 1166.100 PINE STREET' HARRISBURG. PA 17108.1166' TEL: 717.232.8000' FAX: 717.237.5300' WWW.MWN.COM HAZLETON. PA . LANCASTER. PA . STATE COLLEGE. PA . COLUMBUS. OH . WASHINGTON. DC U.S, POSTAL SERVICE CERTIFICATE C'. 'lAILlNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, L. _5 NOT ?> ~_ PROVIDE FOR INSURANCE-POSTMASTER .;y....t.._ Received From S WALLACE & NUR1CK LtC BOX 1166 One piece of ordinary mail addressed 10' Amber R. Parlati RR 2, Box 195 Loysvi11e, PA 17047 PS Form 3817, January 2001 0;. ~;:. (") ~',~ ~, ,"-::?- 'z;; Cl r" '" r-'> - ~ " J' ~ 94"\ f'll~ ::r~<7 ,~~C) J ~-,< -tJ ::<"'f.. '-:'? ;,:~(;). (--')(0 .~~ ~, ~ - .. . DEe 2 B Z005 <I GERALD MORTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 CIVIL TERM Plaintiff v. CIVIL ACTION - LAW AMBER R. PARLATI, IN CUSTODY Defendant BAYLEY, P.J. --- ORDER OF COURT AND NOW, this p day of \ Custody Conciliation Summary Report, it is Here , 2006, upon consideration of the nd directed as follows: 1. Leqal Custody. The parties, Gerald Morton and Amber R. Parlati, shall have shared legal custody of the minor child, Sophia Margaret Parlati, born October 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her 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 child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Physical Custody. Mother shall have primary physical custody. Father will have a four (4) phase reintroduction period in order to reestablish his relationship with his child which shall be arranged as follows: A. Phase I. No later than December 30, 2005 the parties will contact the Harrisburg YWCA Visitation Program to arrange for orientation appointments. Thereafter, Father will have four (4) supervised followed by four (4) monitored visits at the Harrisburg YWCA Visitation Program. These visits shall occur two (2) times each week. The visits may occur in the morning, however, not later than noon. The visits may also occur on Saturdays or on evenings on Mom's days off. The child and the Father shall have a total of eight (8) visits with the supervised visitation program to occur over not more than six (6) weeks. .. NO. 03-5042 CIVIL TERM B. Phase II. Upon the conclusion of the eight (8) supervised visits at the Harrisburg YWCA Visitation Program, Father shall commence twice weekly periods of partial custody to occur on Tuesdays and Thursdays from 5:00 p.m. to 9:00 p.m. This phase shall continue for a period of two and one half (2 Y, ) months. Father shall provide all transportation incident to this phase of custody. C. Phase III. Upon the completion of Phase II, Father shall have an additional period of custody on alternate weekends when Mother is working. The additional period of custody for Phase III shall be from 2:30 p.m. on Saturday until 10:00 a.m. on Sunday. Transportation incident to this phase shall be provided by Father meeting Mother at work on Saturday afternoon and delivering the child to the Mother on Sunday morning. This phase shall continue for a period of two and one half (2 Y, ) months. D. Phase IV. Upon the conclusion of Phase III, Father's schedule of partial custody shall be changed to the following: one evening per week from 5:00 p.m. to 9:00 p.m. which shall occur on Tuesdays, unless the parties agree on a different day, and on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Father shall provide all transportation incident to this phase of custody. 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. The Parties shall read Mom's House/Dad's House by Isolina Ricci, Ph.D. 5. Vacation. In the event that one of parties is going out of state with the child overnight, the traveling parent shall provide the other parent, prior to departure, information with regard to the location where they will be with the child and the telephone number where they can be reached. Effective 2007, each party will be entitled to one seven (7) day period of uninterrupted custody to include their custodial weekend. However, when the child is six (6) years old, the vacation time shall be extended to include up to two (2) non-consecutive weeks of uninterrupted custody for each parent. NO. 03-5042 CIVIL TERM 6. Holidays. The attached holiday schedule shall supercede the regular schedule and shall be effective commencing with the Easter 2'?10~L a /' ;: , ( Dist: ~mela L. Purdy. Esquire, P.O. Box 1166 Harrisburg. PA 17108-1166 ~mber R. Parlali. RR 1. Box 2070. Blaine, PA 17006 >. n: ;'.~~ t3;'? :F'-'o, ~bL -~ .--lU W-:.c: I- u_ C) ,...... C> ~ = ('-) ,--' UJ C] LJ','" C:.:::> Co.J <'-' ::.; ::J N~ 03-5042 CIVIL TERM , . . HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1 st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1st Half From gam on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260890 Plaintiff DEC '2 8 2005 .C( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 CIVIL TERM GERALD MORTON, v. CIVIL ACTION - LAW AMBER R. PARLATI, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Sophia Margaret Parlati October 22, 2002 Mother 2. The Father filed a Petition to Modify the Custody Order on October 25, 2005. The last Order in this matter was October 21, 2003. Attending the Custody Conciliation Conference were: the Father, Gerald Morton and his counsel, Pamela L. Purdy, Esquire; Mother, Amber R. Parlati, attended pro se. 3. The parties reached an agreement in the form of Order as attached. /;;In/o~ Cd~:d(! Date Melissa Peel Greevy, quire Custody Conciliator :265640 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile DDUrdy@mwn.com Attorneys for Plaintiff GERALD MORTON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 civil term AMBER R. PARLATI, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY ORDER AND NOW, comes Gerald Morton, by and through his attorneys, McNees Wallace & Nurick LLC, and hereby petitions the Court for contempt of Custody Order, and in support therefore, avers the following: 1. Plaintiff is Gerald Morton (hereinafter "Father") who currently resides at 1956 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Amber R. Parlati (hereinafter "Mother") who currently resides at RR 2, Box 195, Loysville, Perry County, Pennsylvania. 3. The parties hereto are the parents of the following minor child: Child Present Residence Date of Birth Sophia Margaret Parlati RR 2, Box 195 Loysville, PA October 22,2002 4. On December 30,2005, after a conciliation with Melissa P. Greevy, Esquire, the Court entered a detailed Custody Order, setting forth a four-phase custody schedule that gradually increased Father's physical custody time with the child. A true and correct copy of this Order is attached hereto and marked as Exhibit "A" and incorporated herein as if fully set forth. 5. Paragraph 2(a) of the Order of Court specifically states: A. Phase I. No later than December 30, 2005 the parties will contact the Harrisburg YWCA Visitation Program to arrange for orientation appointments. Thereafter, Father will have four (4) supervised followed by four (4) monitored visits at the Harrisburg YWCA Visitation Program. These visits shall occur two (2) times each week. The visits may occur in the morning, however, no later than noon. The visits may also occur on Saturdays or on evenings on Mom's days off. The child and the Father shall have a total of eight (8) visits with the supervised visitation program to occur over not more than six (6) weeks. 6. Father contacted the Harrisburg YWCA Visitation Program shortly after the conciliation and has participated in the orientation session. 7. As of the filing of this Petition, Mother has failed to contact the Harrisburg YWCA Visitation Program to set up her orientation and schedule visitation times for Father with the child. 8. Father has repeatedly attempted to contact Mother by telephone, and has left messages. Mother has not returned Father's phone calls. 9. Mother is in contempt of the December 30, 2005 Order by failing to allow Father to have his periods of custody with the child. 10. Specifically, Mother is in contempt of the December 30,2005 Order by failing to contact the Harrisburg YWCA Visitation Program prior to December 30, 2005 to arrange for orientation appointments and to facilitate Father's visitation schedule. 11. As of the filing of this Petition, Father has incurred needless attorneys' fees and costs of approximately $400 as a result of the Mother's contempt of the Custody Order. 2 WHEREFORE, Plaintiff Gerald Morton respectfully requests that this Court enter an Order of Court: (a) finding Defendant Amber R. Parlati in contempt of the December 30, 2005 Order; (b) ordering Defendant to immediately contact the Harrisburg YWCA Visitation Program to arrange for orientation appointments and to facilitate Plaintiffs visitation with the child; (c) ordering Defendant to pay $500 in fines pursuant to 23 Pa. C.S. ~ 4346(a)(2); (d) awarding Plaintiffs attorneys' fees and costs in connection with the filing of this Petition; and (e) awarding any other relief the Court deems appropriate. Respectfully submitted, McNEES WALLACE & NURICK LLC By eo::f.f; ~ Dated: February 1, 2006 Attorneys for Plaintiff 3 f '" (,.:, 'p \ t /'r \ \ I Plaintiff DEe 2 8105 IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 CIVIL TERM GERALD MORTON, v. CIVIL ACTION - LAW AMBER R. PARLATI, IN CUSTODY Defendant BAYLEY, P.J. --- ORDER OF COURT AND NOW, this ,35th day of Qj{' g,JH'JlJ ,2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custodv. The parties, Gerald Morton and Amber R. Parlati, shall have shared legal custody of the minor child, Sophia Margaret Parlati, born October 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. s5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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. Physical Custody. Mother shall have primary physical custody. Father will have a four (4) phase reintroduction period in order to reestablish his relationship with his child which shall be arranged as follows: A. Phase I. No later than December 30, 2005 the parties will contact the Harrisburg YWCA Visitation Program to arrange for orientation appointments. Thereafter, Father will have four (4) supervised followed by four (4) monitored visits at the Harrisburg YWCA Visitation Program. These visits shall occur two (2) times each week. The visits may occur in the morning, however, not later than noon. The visits may also occur on Saturdays or on evenings on Mom's days off. The child and the Father shall have a total of eight (8) visits with the supervised visitation program to occur over not more than six (6) weeks. NO. 03-5042 CIVIL TERM B. Phase II. Upon the conclusion of the eight (8) supervised visits at the Harrisburg YWCA Visitation Program, Father shall commence twice weekly periods of partial custody to occur on Tuesdays and Thursdays from 5:00 p.m. to g:OO p.m. This phase shall continue for a period of two and one half (2 % ) months. Father shall provide all transportation incident to this phase of custody. C. Phase III. Upon the completion of Phase II, Father shall have an additional period of custody on alternate weekends when Mother is working. The additional period of custody for Phase III shall be from 2:30 p.m. on Saturday until 10:00 a.m. on Sunday. Transportation incident to this phase shall be provided by Father meeting Mother at work on Saturday afternoon and delivering the child to the Mother on Sunday morning. This phase shall continue for a period of two and one half (2 % ) months. D. Phase IV. Upon the conclusion of Phase III, Father's schedule of partial custody shall be changed to the following: one evening per week from 5:00 p.m. to g:OO p.m. which shall occur on Tuesdays, unless the parties agree on a different day, and on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Father shall provide all transportation incident to this phase of custody. 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. The Parties shall read Mom's House/Dad's House by Isolina Ricci, Ph.D. 5. Vacation. In the event that one of parties is going out of state with the child overnight, the traveling parent shall provide the other parent, prior to departure, information with regard to the location where they will be with the child and the telephone number where they can be reached. Effective 2007, each party will be entitled to one seven (7) day period of uninterrupted custody to include their custodial weekend. However, when the child is six (6) years old, the vacation time shall be extended to include up to two (2) non-consecutive weeks of uninterrupted custody for each parent. NO. 03-5042 CIVIL TERM 6. Holidays. The attached holiday schedule shall supercede the regular schedule and shall be effective commencing with the Easter 2006 holiday. Dis!: Pamela L. Purdy. Esquire, P.O. Box 1166 Harrisburg, PA 17108-1166 Amber R. Parlati, RR 1, Box 2070, Blaine, PA 17006 Tn .' r - ~,y fROM Rf~'r:-, D j', I \.-.~r8 untr, r, 'I Ii V hand ,"K"r,,;:e, Fd. iUt., NO. '03-5042 CIVIL TERM HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 151 Haif From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1 sl Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260890 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: .., J 1 10 (, CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Amber Parlati RR 2 Box 195 Loysville, PA 17047 p.m~-('~ Dated: 2)'/ f)& p () t ~.) .-., ',,-." 0 ,'.- ." \l:. \ -I" ::;:1 C) 'l r'l - ""'1 C') ( i 1 ,,_-~ ~-, tY'; C> ' , , 1 - ~ ()- ~. .> (),', - - JI~ ''''{1'", ~ ..(:: --.J -.+; st,,, ,HI ~ B ti.J t:ll~, :g r .~ r--.' ':~_" -It ."" 6"' s-..:. ~ :-,':", " \./) ~_:/-n , . J~ , ,..: r :-3_1 CJ .< GERALD MORTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5042 CIVIL ACTION LA W AMBER R. P ARLA TI IN CUSTODY DEFENDANT ORnER OF COURT AND NOW, Thursday, February 09, 2006 ____.., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy. Esq. . the coneiliator, at __ MDJ Manlove's, 1901 State St., Camp Hill, P A 17011 on Friday, Marcb 24. 2006 --._--_._."""'"""'"--_.",,.,,"""_._~_."'"'"""'--_._~'.- at 1:30 PM for a Pre-Hcaring 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 issucs 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 mal' 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 tbe conciliator 48 bours prior to scheduled hearing. FOR THE COURT. By:...lsl Melissa P. Gree~q,---~-tJl-' Custody Conciliator "j The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ] 990. 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedf()rd Street Carlis]c, Pennsylvania ] 7013 Telephone (717) 249-3166 th~ ~p $. ~#11/ ?6l 10- (7/ (C h :t ~ 7lL, -');'!71-(' h fF/ 2/Y'P'Y ~?9 ~V'r/r'e -"/,!nJ S:J :? Pd 0' r1".:1I-'U"'-' [ . ,,'.., "o"l' . , (,,_< j '\,I N:~V"LC" GERALD MORTON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 civil term AMBER R. PARLATI, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO SUBSTITUTE COUNSEL TO THE PROTHONOTARY: Please enter the appearance of Pamela L. Purdy, Esquire for Plaintiff Gerald Morton, and withdraw the appearance of McNees Wallace and Nurick LLC, as counsel for the Plaintiff in the above captioned action. J. ul Helvy cNees Wallac & Nuoo 100 Pine Street - PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorney I.D. #53148 fi~LP~~ Pamela L. Purdy, Esquire C 115 Pine Street Harrisburg, PA 17101 (717)221-8303 Attorney I.D. #85783 Date: 31z,( l 0 ~ Date: l leo/v, -~: c.:: (l '. ~~ r.;-,;: ,:.:;:c. " ;'~ ~ ....,.-... -~,.; r",) N -.-;1 C) "-~) Plaintiff RECEIVEX) .. MAR 2 II 2001j BY: IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 CIVIL TERM . GERALD MORTON, v. CIVIL ACTION - LAW AMBER R. PARLATI. IN CUSTODY Defendant BAYLEY, P.J. --- ORDER OF COURT AND NOW, this 1. day of ~..Q , 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Gerald Morton and Amber R. Parlati, shall have shared legal custody of the minor child, Sophia Margaret Parlati, born October 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her 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 child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Physical Custody. Mother shall have primary physical custody. Father will have a four (4) phase reintroduction period in order to establish his relationship with his child which shall be arranged as follows: A) Phase I. Effective March 23, 2005, Father will have partial custody on Thursdays and Fridays from 5:30 p.m. to 6:30 p.m. for a total of eight (8) visits. Mother may be present for these custodial periods which shall occur at a neutral place, such as McDonald's, a park, a roller skating rink or bowling alley. ... NO. 03-5042 CIVIL TERM B) Phase II. Upon the conclusion of the eight (8) visits in Phase I, Father shall commence twice weekly periods of custody to occur on Tuesdays and Thursdays from 5:00 p.m. to 8:00 p.m. This phase shall continue for a period of two and one half (2 % ) months. Father shall proYide all transportation incident to this phase of custody. C) Phase III. Upon the completion of Phase II, Father shall haye an additional period of custody on alternate weekends. The additional period of custody for Phase III shall be from 2:30 p.m. on Saturday until 10:00 a.m. on Sunday. Father shall provide transportation. This phase shall continue for a period of two and one half (2 % ) months. D) Phase IV. Upon the conclusion of Phase III, Father's schedule of partial custody shall be changed to the following: one evening per week from 5:00 p.m. to 8:00 p.m. which shall occur on Wednesdays, unless the parties agree on a different day, and on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Father shall proYide all transportation incident to this phase of custody. 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. Vacation. In the event that one of parties is going out of state with the child oyernight, the traveling parent shall proYide the other parent, prior to departure, information with regard to the location where they will be with the child and the telephone number where they can be reached. Effectiye 2007, each party will be entitled to one seven (7) day period of uninterrupted custody to include their custodial weekend. However, when the child is six (6) years old, the vacation time shall be extended to include up to two (2) non-consecutive weeks of uninterrupted custody for each parent. NO. 03-5042 CIVIL TERM 5. Holidays. The attached holiday schedule shall supercede the regular schedule and shall be effective commencing with the Easter 2006 holiday. 6. The Father's Petition for Contempt shall be held in abeyance for ninety (gO) days from March 17,2006. If there are no continued difficulties with Father's access to the child in a fashion consistent with the terms provided in the Order, ,~ther shall withdraw his Petition for Contempt. 1 I Edgar B. Bayley, .. Dis!: tYBp,ela L. Purdy, Esquire. 115 Pine Street, Suite 100, P. O. Box 11544, Harrisburg, PA 17108 !\.rilber R. Parlati. RR 1. Box 2070, Blaine, PA 17006 /' ,j E~~~ LL C) ('i ,- '-::J C') e"" :'~'- !~ - ---- NO. 03-5042 CIVIL TERM , ~ HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1 ,t Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day . -- Thanksgiving 2nd Half From 3pm on ihanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1 sI Half From 9am on 12124 to 3pm on 12125 Father Mother Christmas 2nd Half From 3pm on 12125 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mot~~ holiday to 6pm the day of the holiday I Father's Day From 6pm the evening before the Father Father I holiday to 6pm the day of the holiday _J :26089Cl RECEIVEt) MAR 2 (\ 2006 Plaintiff IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 CIVIL TERM GERALD MORTON, v. CIVIL ACTION - LAW AMBER R. PARLATI, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report; 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Sophia Margaret Parlatj October 22, 2002 Mother 2. Father filed a Petition for Contempt on February 7, 2006. A Custody Conciliation Conference was scheduled for March 17, 2006. Attending the Custody Conciliation Conference were: the Father, Gerald Morton and his counsel, Pamela L. Purdy, Esquire; the Mother, Amber R. Parlati, attended pro se. 3. The parties reached an agreement to modify the last Order dated December 30, 2005. Father agreed to hold his Petition for Contempt in abeyance for a period of ninety (gO) days from the date of the conference to give the parties an opportunity to see if the modification resolved the problem. In the event there are no difficulties at the end of the ninety (90) day period, Father will withdraw his Petition for Con mpt. }j ~/!Yp Da'te ' M issa Peel Greevy, Esqui e Custody Conciliator :271686 Pamela L. Purdy, Esquire Attorney 1.0. No. 85783 115 Pine Street, Suite 100 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 fax plpurdy@verizon.net Attorney for Plaintiff GERALD MORTON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 civil term AMBER R. PARLATI, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDM PETITION FOR CONTEMPT OF C STODY ORDER TO THE PROTHONOTARY: Please withdrawal Plain s Petition for Contempt of Custody Order that was filed on February 7,2006 to the abo e-captioned action. Pa~L ~ Attorney for Plaintiff Date: Ju.u, / J, 200' II ',) ~. ;--, "Tl ~:::~ ,! (.) C~) C t-pFILED-DFFIC VC 14 A CLIMEERL Anc Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile pipurdy@purdylawoffice.com Attomey for Plaintiff GERALD MORTON, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 civil term AMBER R. PARLATI, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF 111111111111115 OF CUSTODY ORDER AND NOW, comes Gerald Morton, by and through his attorney, Pamela L. Purdy, and hereby petitions the Court for special relief and contempt of Custody Order, and in support thereof, avers the following: Plaintiff is Gerald Morton (hereinafter "Father") who currently resides at 1956 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Amber R. Parlati (hereinafter "Mother") who currently resides at 116 Pine Grove Road, New Bloomfield, Perry County, Pennsylvania. 3. The parties hereto are the parents of the following minor child: Child Present Residence Date of Birth Sophia Margaret Parlati 116 Pine Grove Road October 22, 2002 New Bloomfield, PA -TV? 01,00 ?,?c8 4. The parties' current custody schedule is governed by an Order of Court dated March 30, 2006 ("Custody Order"), which grants the parties shared physical custody with Mother having primary physical custody and Father having partial custody every other weekend and one evening a week. A true and correct copy of the Order of Court dated March 30, 2006 is attached hereto as Exhibit "A" and incorporated herein as fully set forth. 5. Pursuant to the Custody Order, in 2010, Father is to have custody of the child on, Father's Day, Memorial Day, Labor Day, the second half of Thanksgiving Day, and Christmas Eve at 9:00 a.m. until Christmas Day at 3:00 p.m. 6. Mother has denied Father all holiday visitation time in 2010, including on Father's Day and Thanksgiving. 7. On Wednesday, December 8, 2010, Father called Mother to discuss the arrangements for his visitation time on Christmas. 8. Mother told Father that she is refusing to allow him to have his Christmas Eve to Christmas Day custodial time as afforded him under the Custody Order. 9. Mother told Father that if he was unhappy with her decision to deny him his custodial time, he can "take her to court." 10. It is believed, and therefore averred, that Mother is retaliating against Father because of his pending Petition to Modify regarding the parties' support order. 11. Mother is in contempt of the Custody Order by failing to allow Father to have his holiday custodial time in 2010, including on Father's Day and Thanksgiving Day. 12. Mother has clearly stated that she intends to continue to violate the current custody order by stating that she is not going to allow Father to have his custodial time on Christmas Eve and Christmas Day. 13. Father has incurred and will incur unnecessary legal fees and costs in the preparation and presentation of this Petition for Special Relief and Contempt, an accounting of which will be presented at hearing. 14. It is believed, and therefore averred, that Mother does not concur in this Petition. 15. This matter was previously assigned to the Honorable Edgar B. Bayley. WHEREFORE, Plaintiff Gerald Morton respectfully requests that this Court enter an Order of Court: (a) finding Defendant Amber R. Parlati in contempt of the March 30, 2006 Order; (b) ordering Defendant to make the child available to Father for his period of custody beginning at 9:00 a.m. on December 24, 2010 and ending on December 25, 2010 at 3:00 p.m.; (c) ordering Defendant to pay $500 in fines pursuant to 23 Pa. C.S. § 4346(a)(2); (d) awarding Plaintiffs attorneys' fees and costs in connection with the filing of this Petition; and (e) awarding any other relief the Court deems appropriate. Respectfully submitted, Dated: December 10, 2010 Attorney for Plaintiff WVT GERALD MORTON, Plaintiff V. AMBER R. PARLATI, Defendant BAYLEY, P.J. --- RECEIVF I MAR 2 a 2006 B IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _ ^ day of p ._..,2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Gerald Morton and Amber R. Parlati, shall have shared legal custody of the minor child, Sophia Margaret Parlati, born October 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her 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 child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Physical Custody. Mother shall have primary physical custody. Father will have a four (4) phase reintroduction period in order to establish his relationship with his child which shall be arranged as follows: A) Phase 1. Effective March 23, 2005, Father will have partial custody on Thursdays and Fridays from 5.30 p.m. to 6:30 p.m. for a total of eight (B) visits. Mother may be present for these custodial periods which shall occur at a neutral place, such as McDonald's, a park, a roller skating rink or bowling alley. 94 NO. 03-5042 CIVIL" TERM B) Phase II. Upon the conclusion of the eight (8) visits in Phase 1, Father shall commence twice weekly periods of custody to occur on Tuesdays and Thursdays from 5:00 p.m. to 8:00 p.m. This phase shall continue for a period of two and one half (2 Y2 ) months. Father shall provide all transportation incident to this phase of custody. C) Phase III. Upon the completion of Phase ti, Father shall have an additional period of custody on alternate weekends. The additional period of custody for Phase III shall be from 2:30 p.m. on Saturday until 10:00 a.m. on Sunday. Father shall provide transportation. This phase shall continue for a period of two and one half (2 % ) months. D) Phase IV. Upon the conclusion of Phase III, Father's schedule of partial custody shall be changed to the following: one evening per week from 5:00 p.m. to 8:00 p.m. which shall occur on Wednesdays, unless the parties agree on a different day, and on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Father shall provide all transportation incident to this phase of custody. 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. Vacation. In the event that one of parties is going out of state with the child overnight, the traveling parent shall provide the other parent, prior to departure, information with regard to the location where they will be with the child and the telephone number where they can be reached. Effective 2007, each party will be entitled to one seven (7) day period of uninterrupted custody to include their custodial weekend. However, when the child is six (6) years old, the vacation time shall be extended to include up to two (2) non-consecutive weeks of uninterrupted custody for each parent. NO. 03-5042 CIVIL TERM 5. Holidays. The attached holiday schedule shall supercede the regular schedule and shall be effective commencing with the Easter 2006 holiday. 6. The Father's Petition for Contempt shall be held in abeyance for ninety (80) days from March 17, 2006. If there are no continued difficulties with Father's access to the child in a fashion consistent with the terms provided in the Order, Father shall withdraw his Petition for Contempt. -1 J BY THE COURT: Edgar B. Dist: Is L. Purdy, Esquire, 115 Pine Street, Suite 100, P. 0. Box 11544, Harrisburg, PA 17108 L?ter R. Parlati, RR 1, Box 2070, Blaine, PA 17006 'ILI 0 19 C:A r - (' ?_ -? ?L _ ? L-.. !? ? . i r? ;,j_ ___ ? ? ::. f. i _ _ Cv ?..? NO. 03-5042 CIVIL TERM HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS P YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday I Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1 st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1" Half From gam on 12/24 to 3pm on 12125 Father Mother Christmas 2na Half i From 3pm on 12/25 to 3pm on 12126 4 Mother l I? Father Mother's Day From 6pm the evening before the Mother Mother } holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday ?_J 260890 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. VO ?ra Orton Dated: I O,Z,O10 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Amber Parlati 116 Pine Grove Road New Bloomfield, PA Dated: Pa ela L. Purdy 5 DEC 15 2010 C') g Co Fr c z ) Pamela L. Purdy : `:R° " ' '':z c - ) Attorney ID No. 85783 z. od 308 N. Second St., Suite 200 ca Harrisburg, PA 17101 .ta (717) 221-8303 xy C) o n` (717) 221-8403 facsimile n? a'te' plpurdy@purdylawofl'Ice.com - ' Attorney for Plaintiff GERALD MORTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-5042 civil term AMBER R. PARLATI, : CIVIL ACTION - LAW Defendant IN CUSTODY RULE TO SHOW CAUSE AND NOW, this,-i day of December, 2010, a Rule is hereby entered to show cause V R, why, if any, the relief requested in the within Petition for Gt° / of Cu of Custody Order, should not be granted. Rule returnable at hearing on day of LAt"a 2010, 67, a,m./p.m., in Courtroom Cumberland County Courthouse. BY THE COURT: J. R. Y FILED-OFFICE OF THE PROTHONOTARY Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@purdylawoffice.com Attorney for Plaintiff GERALD MORTON, Plaintiff V. AMBER R. PARLATI, Defendant 2010 DEC 20 PM 2: 58 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 civil term CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY ORDER AND NOW, comes Gerald Morton, by and through his attorney, Pamela L. Purdy, and hereby petitions the Court for contempt of Custody Order, and in support thereof, avers the following: 1. Plaintiff is Gerald Morton (hereinafter "Father") who currently resides at 1956 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Amber R. Parlati (hereinafter "Mother") who currently resides at 116 Pine Grove Road, New Bloomfield, Perry County, Pennsylvania. 3. The parties hereto are the parents of the following minor child: Child Present Residence Date of Birth Sophia Margaret Parlati 116 Pine Grove Road October 22, 2002 New Bloomfield, PA O .Co ak? ce;11611 ev- '? ( 4. The parties' current custody schedule is governed by an Order of Court dated March 30, 2006 ("Custody Order"), which grants the parties shared physical custody with Mother having primary physical custody and Father having partial custody every other weekend and one evening a week. A true and correct copy of the Order of Court dated March 30, 2006 is attached hereto as Exhibit "A" and incorporated herein as fully set forth. 5. Pursuant to the Custody Order, in 2010, Father is to have custody of the child on, Father's Day, Memorial Day, Labor Day, the second half of Thanksgiving Day, and Christmas Eve at 9:00 a.m. until Christmas Day at 3:00 p.m. 6. Mother has denied Father all holiday visitation time in 2010, including on Father's Day and Thanksgiving. 7. Mother is in contempt of the Custody Order by failing to allow Father to have his holiday custodial time in 2010, including on Father's Day and Thanksgiving Day. 8. Father has incurred and will incur unnecessary legal fees and costs in the preparation and presentation of this Petition for Contempt, an accounting of which will be presented at hearing. 9. It is believed, and therefore averred, that Mother does not concur in this Petition. 10. This matter was previously assigned to the Honorable Albert H. Masland and is scheduled for a hearing on a pending Petition for Special Relief on December 20, 2010 at 2:00 P.M. WHEREFORE, Plaintiff Gerald Morton respectfully requests that this Court enter an Order of Court: (a) finding Defendant Amber R. Parlati in contempt of the March 30, 2006 Order; (b) ordering Defendant to pay $500 in fines pursuant to 23 Pa. C.S. § 4346(a)(2); (c) awarding Plaintiffs attorneys' fees and costs in connection with the filing of this Petition; and (d) awarding any other relief the Court deems appropriate. Respectfully submitted, Pamela L. Purdy Dated: December 16, 2010 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. i "Gerald Orton Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Amber Parlati 116 Pine Grove Road New Bloomfield, PA Dated: { J C17 J , -0 GERALD MORTON, IN THE COURT OF COMMON PLEASE OFD Plaintiff CUMBERLAND COUNTY, PENNSYLVV I V CIVIL ACTION - LAW . N) AMBER R. PARLATI, Defendant NO. 03-5042 CIVIL TERM :71<:) ORDER OF COURT ya '; ?? AND NOW, this 20th day of December, 2010, thy' pirt:?es having reached an agreement, the following order is entered: 1. Father will exercise his weekday custodial time on Thursday evening, as opposed to Wednesday, from 5:00 p.m. until 8:00 p.m., with exchanges to occur at the top of the mountain at the car lot. 2. Father will continue to exercise his custodial time every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. The party beginning their custodial period will provide the transportation. 3. The child will continue to consult with the guidance counselor at New Bloomfield Elementary School. Both parents shall have the right to communicate with the guidance counselor regarding the child. 4. The parties shall confirm with the other parent one week in advance from the holiday that they intend to exercise their holiday custody period. 5. The court order of March 30th, 2006, shall otherwise remain in full force and effect. By the Court, Pamela L. Purdy, Esquire For Plaintiff ,---J'-- Michael Sheldon, Esquire Albert H. Mas and, J. For Defendant 'l Sheriff Co? -V /na I prs Ia1`a„l `C U r,/1 Gerald R Morton, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-5042 Civil Term _ © -n Amber R Parlati, CIVIL ACTION - LAW Defendant IN CUSTODY'; Petition to Modify a Partial Custody or Visitation Order rrl AND NOW, comes Gerald Morton, hereby petitions the Court for a Modification" r' v to a Custody Order, and in support thereof, avers the following: 1) Plaintiff is Gerald Morton (hereinafter "Father") who currently resides at 1956 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 2) Defendant is Amber Parlati (hereinafter "Mother") who currently resides at 116 Pine Grove Road, New Bloomfield, Perry County, Pennsylvania. 3) The parties hereto are the parents of the following minor child: Child Present Residence Date of Birth Sophia M. Parlati 116 Pine Grove Road October 22, 2002 New Bloomfield, PA 4) The parties' current custody schedule is governed by an Order of Court dated March 30, 2006 ("Custody Order,") which grants the parties shared physical custody with Mother having primary custody and Father having partial custody every other weekend and one evening a week. A true and correct copy of the Order of Court dated March 30, 2006 is attached hereto as Exhibit "A" and incorporated herein as fully set forth. 5) The parties' entered into a revised Custody Order on December 20, 2010 pursuant to a dispute over the holiday visitation schedule. A true and correct copy of the Order of Court dated December 20, 2010 is attached as Exhibit "B". 1 eq "?70 ??h 6) Since the revised order, the Mother continually scheduled events for the child on the Father's weekend time. 7) On January 8, 2011, the Father's first full weekend after the revised Order was entered, the Mother scheduled a gymnastics make-up day. 8) On January 22, 2011, the Father's second full weekend after the revised Order was entered; the Mother notified the Father at 9:30 pm on January 21, 2011 that the child had an all day cheerleading competition in Lewistown, Pennsylvania on January 22, 2011. 9) The Father explained to the Mother and the Child separately that the Father felt he deserved more notice when extracurricular activities are scheduled on the Father's visitation time, as to determine whether these activities conflict with plans that the Father has made for the weekend. 10)On February 3, 2011 the Mother called the Father at 9:00 pm and explained that the Child had an all day cheerleading event on February 5, 2011 starting at 8:30 am the mother had planned, this the third full weekend after the revised Order was entered, the Father explained to the Mother that he had made plans and that it would not be possible for the Child to attend. The Mother became very upset and stated "This is very important." The Father explained to the Mother that if she would like to change weekends that would be acceptable to him, the Mother declined to change weekends. The Father explained to the Mother that he has been very flexible recently but felt that an uninterrupted visit with his Child was more important than anything else. The Mother affirmed with the Father that the Child would not be attending the all day cheerleading event on February 5, 2011. 2 11)On February 4, 2011 at 5:00pm, the Father arrived at the Sunoco gas station to pick up the Child for his Court Ordered weekend visit. The Child got out of the Mother's car crying. The Mother then got out of her car, which ordinarily the Mother never gets out of her car when dropping off the Child, the Mother approached the Father's car yelling "Tell your daughter why she is not going to cheerleading". The Father explained to the Child and the Mother that he would talk to the Child about the cheerleading event when he got her to his home. Then a second adult exited the Mother's car and started also yelling "Talk to your daughter, talk to her right here," this second adult was later learned that it was the babysitter (Denise). Denise has never participated in the Child drop off or pick up previously. After the Father had the Child buckled into the car the Mother asked if she could get a kiss goodbye. The Father said "Ok" then when the Mother went to kiss her she reached across the seat and unbuckled the Child stating "Sophia you are not going with him this weekend," The Child immediately started crying again as the Mother held her hand pulling her to her car. I then stated to the Mother "You are in violation of the Court's Order" in response the Mother stated "Take me to Court," Denise then stated, "I've had my share of troubles with you men myself." The Father then understood that the whole situation was premeditated to try to pick a fight with the Father. All of this screaming, yelling and crying going on not only in front of my daughter (Sophia) but also in front of my other three children that were already in the car. The Father then left without the Child. 12)Upon the Father's next visit February 10, 2011 at 4:45 pm, 15 minutes before the Father's next scheduled visit, the Mother called the Father and explained that the 3 Child did not feel well and would not be able to participate in that evenings visit. The Father then explained to the Mother that we need to grow up and work out our differences for the benefit of the child. The Mother then explained to the Father that the Child is now afraid of him and no longer wants any more involvement with the Father. The Father then stated "I can't keep trying to make this work" also stating "If you (Mother) are going to keep willfully disobeying the Court's Order than I no longer want to participate in the madness." This is the last conversation that I have had with the Mother. I no longer have any visitation with the Child. 13)The Father believes it is in the Child's best interest for the Mother to relinquish primary physical custody for the following reasons: a) Mother has never promoted a positive relationship with the Father asking the Father many times to sign over parental rights. The latest occurrence through a letter from her attorney. Exhibit "C" b) Mother continually refers to and instructs the Child to address the Father by his first name (Randy) and has the Child address the Mother's boyfriends as "Dad." c) Mother's boyfriend has demonstrated how to hide from the police when you are drinking and driving by the Child's own admission. d) Mother changed jobs and is working varying hours thus needing a full-time babysitter for the Child that is in school all day. Mother has referred to her changing jobs and severely limiting her time to parent the Child. Father cites: 23 P.C.S.A. § 5303. Award of custody, partial custody or visitation (a) GENERAL RULE.- (1) In making an order for custody or partial custody, the court shall consider the preference of the child as well as any other factor which legitimately impacts the child's physical, intellectual and emotional well-being. 4 (2) In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child. 14)lt is believed, and therefore averred, that the Mother does not concur in this Petition. 15)This matter was previously assigned to the Honorable Albert H. Masland. WHEREFORE, Plaintiff Gerald Morton respectfully requests that this Court enter an Order of Court: a) finding the Defendant Amber R. Parlati unable to promote a positive relationship with the Father when the Child is involved. b) finding the Defendant is willfully neglecting the Child, when pursuing a career that keeps her from having physical contact with the Child. RESPECTFULLY SUBMITTED, rion 1956 Reservoir Drive Carlisle, PA 17013 5 Gerald R Morton, Plaintiff V. Amber R Parlati, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5042 Civil Term CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, Gerald R Morton, verify that the statements made in the foregoing Petition to Modify a Partial Custody or Visitation Order 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: April a, 2011 Morton 6 Gerald R Morton, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-5042 Civil Term Amber R Parlati, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on this day of April, 2011 a true and correct copy of the foregoing Petition to Modify a Partial Custody or Visitation Order was served by first-class mail, postage, upon the following: Michael Sheldon, Esquire 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Amber Parlati 116 Pine Grove Road New Bloomfield PA 17068 Date: April, 2011 Ge Morton 7 GERALD MORTON, Plaintiff V. AMBER R. PARLATI, Defendant BAYLEY, P.J. --- cErVF,z MAR 2 a 10Ob IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5042 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this f=---- day of VV_Q 006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Gerald Morton and Amber R. Parlati, shall have shared legal custody of the minor child, Sophia Margaret Parlati, born October 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her 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 child including, but not limited to, medical, dental, religious or school records, the residence address of the child 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. Phvsical Custody. Mother shall have primary physical custody. Father will have a four (4) phase reintroduction period in order to establish his relationship with his child which shall be arranged as follows: A) Phase I. Effective March 23, 2005, Father will have partial custody on Thursdays and Fridays from 5:30 p.m. to 6:30 p.m. for a total of eight (8) visits. Mother may be present for these custodial periods which shall occur at a neutral place, such as McDonald's, a park, a roller skating rink or bowling alley. NO. 03-5042 CIVIL TERM B) Phase II. Upon the conclusion of the eight (8) visits in Phase I, Father shall commence twice weekly periods of custody to occur on Tuesdays and Thursdays from 5:00 p.m. to 8:00 p.m. This phase shall continue for a period of two and one half (2 'h ) months. Father shall provide all transportation incident to this phase of custody. C) Phase III. Upon the completion of Phase it, Father shall have an additional period of custody on aftemate weekends. The additional period of custody for Phase III shall be from 2:30 p.m. on Saturday until 10:00 a.m. on Sunday. Father shall provide transportation. This phase shall continue for a period of two and one half (2 Y2) months. D) Phase IV. Upon the conclusion of Phase 111, Father's schedule of partial custody shall be changed to the following: one evening per week from 5:00 p.m. to 8:00 p.m. which shall occur on Wednesdays, unless the parties agree on a different day, and on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Father shall provide all transportation incident to this phase of custody. 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 4. Vacation. In the event that one of parties is going out of state with the child overnight, the traveling parent shall provide the other parent, prior to departure, information with regard to the location where they will be with the child and the telephone number where they can be reached. Effective 2007, each party will be entitled to one seven (7) day period of uninterrupted custody to include their custodial weekend. However, when the child is six (6) years old, the vacation time shall be extended to include up to two (2) non-consecutive weeks of uninterrupted custody for each parent. NO. 03-5042 CIVIL TERM 5. Holidays. The attached holiday schedule shall supercede the regular schedule and shall be effective commencing with the Easter 2006 holiday. 6. The Fathers Petition for Contempt shall be held in abeyance for ninety (80) days from March 17, 2006. If there are no continued difficulties with Father's access to the child in a fashion consistent with the terms provided in the Order, Father shall withdraw his Petition for Contempt. fJ BY THE COURT: Edgar B. Dist: cjMI la L. Purdy, Esquire, 115 Pine street, Suite 100, P. O. Box 11544, Harrisburg, PA 17108 r R. Parlati, RR 1, Box 2070, Blaine, PA 17006 J _ F LI_S GERALD MORTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AMBER R. PARLATI, Defendant NO. 03-5042 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of December, 2010, the parties having reached an agreement, the following order is entered: 1. Father will exercise his weekday custodial time on Thursday evening, as opposed to Wednesday, from 5:00 p.m. until 8:00 p.m., with exchanges to occur at the top of the mountain at the car lot. 2. Father will continue to exercise his custodial time every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. The party beginning their custodial period will provide the transportation. 3. The child will continue to consult with the guidance counselor at New Bloomfield Elementary School. Both parents shall have the right to communicate with the guidance counselor regarding the child. 4. The parties shall confirm with the other parent one week in advance from the holiday that they intend to exercise their holiday custody period. 5. The court order of March 30th, 2006, shall otherwise remain in full force and effect. Pamela L. Purdy, Esquire For Plaintiff J. Michael Sheldon, Esquire For Defendant Sheriff prs By the Court, ?lll ??? Y yr Albert H. ha CO FR RECORD In Testimony whereof, I here unto set my hand and the woof said rt at Carlisle, Pa. Thisa7l _.day of , 20 GQ_ Prot otary t? J. Michael Sheldon Attorney at Law www.counsel-at-law.com j 5821 Linglestown Road, Suite 212 • Harrisburg, PA 17112 Telephone 717-657-3464 • Facsimile 717-671-1258 February 23, 2011 Pamela L. Purdy, Esquire 308 N. Second Street, Ste.200 Y Harrisburg, PA 17101 Re: Gerald MORTON v. Amber PARLATI ,. Cumberland County Docket No.: 03-5024 Dear Pamela: I received a call from Ms. Parlati last week detailing a recent conversation she had with your client concerning his posture towards custody of Sophia. While I do not know the pretext of the conversation or all of the particulars, the genesis of Mr. Morton's commentary last week was that he simply didn't want to deal with custody of Sophia any more and that he would no longer regard her as his child. At that time, Ms. Parlati was concerned as to what to do for the forthcoming Thursday and other custody time. Needless to say, Ms. Parlati has awaited Mr. Morton for the planned custodial exchanges thus far but Mr. Morton has-been a no-show. We suspect he meant what he said. Consequently, the purpose of this letter is to ascertain, in writing, Mr. Morton's perspective on this matter. If he doesn't want to exercise any further custody of Sophia, that's fine with Ms. Parlati and nothing more will be said of it; however, we will need something in writing indicating such intent so as to safeguard Ms. Parlati from any undue action when she doesn't bring Sophia to the exchange point any longer. If Mr. Morton wants to take it all a step further and renounce his parental rights, that's acceptable as well. We simply, and respectfully, ask that something be put in writing for everyone's concerns. As it stands, because Mr. Morton has been a no-show thus far, T Parlati will not be bringing Sophia to the exchange point until such time as Mr. Morton indicates he wants to see Sophia. Attendant to that, Ms. Parlati will not be pursuing any contempt action either for his refusal to exercise his custodial rights thus far. Please advise me as quickly as possible so that this matter can stabilize for Sophia. cc: Amber Parlati file Very truly y rs, J. Michael Sheldon GERALD R. MORTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANL6L V. ri s 2003-5042 CIVIL ACTION LAW AMBER R. PARLATI IN CUSTODY DEFENDANT =C' ? Y ORDER OF COURT AND NOW, Thursday, April 14, 2011 , 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 18, 2011 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 . Man an 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 G Carlisle, Pennsylvania 17013 ^" U ,5044h, Telephone (717) 249-3166 Nom- - ?"? i "FILED-OFFICE .a<° THE PROTHONOTARY 2011 JUN 15 AM 10: 51 CUMBERLAND COUNTY PENNSYLVANIA Pamela L. Purdy, Esquire 1820 Linglestown Road Harrisburg, PA 17110 (717) 221-8303 tel (717) 221-8403 fax Attorney I . D. #85783 GERALD MORTON, Plaintiff V. AMBER R. PARLATI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-5042-CV CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Pamela L. Purdy, Esquire, as counsel for the Plaintiff, Gerald R. Morton, in the above-captioned action. ate Pamela L. Purdy i f CERTIFICATE OF SERVICE The undersigned hereby certifies that on the day of June, 2011 a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Michael Sheldon, Esquire 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Gerald Morton 1956 South Reservoir Drive Carlisle, PA 17013 Pamela L. Purdy, 'ilu q 6 GERALD R. MORTON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C-) . , ° No. 03-5042 Civil Term r M r= AMBER R. PARLATI c'. o Defendant : ACTION IN CUSTODY .; f Prior Judge: Albert Masland, J. = COURT ORDER AND NOW, this _16wday of July 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliati n Conference. A Custody Tearing is hereby scheduled on the Od` day of 2011 at : q S am/per in Courtroom number 5 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. 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 five days prior to the hearing date. 3. Legal custody: The Mother, Amber Parlati, and the Father, Gerald Morton, shall have shared legal custody of Sophia M. Parlati, born 10/22/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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 Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. s 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Child every Wednesday from 4:00 pm until 8:00 pm in an agreed upon public neutral location with Mother also in attendance. b. Once the therapeutic family counseling begins, it is suggested, but not Ordered, that the parents revert back to Father having alternating weekends from Friday 5:00 pm until Sunday 5:00 pm. C. Father shall have additional periods of physical custody of the Child as the parties may mutually agree. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Counseling: The parties have agreed to, and are directed to, engage in therapeutic family counseling with a mutually-agreed upon professional. Father has agreed to make an appointment by the end of May 2011 to begin counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 7. Holidays: Pending further Order of Court, the parties shall adhere to the holiday schedule per the Orders dated March 30, 2006 and December 20, 2010. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child'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 Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed 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. 11. Either party has the option of contacting the assigned conciliator before the scheduled hearing to set up a status conference (either by phone or in person) if the parties feel that would be beneficial. 12. 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 HE COURT, J. Distribution: ? Gerald Morton, 1956 Reservoir Dr., Carlisle, PA 17013 ? Michael Sheldon, Esq., 5821 Linglestown Rd., Ste 212, Harrisburg, PA 17112 / John J. Mangan, Esq. O"Pier, po'U4 GERALD R. MORTON Plaintiff V.. AMBER R. PARLATI Defendant Prior Judge: Albert Masland, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-5042 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 child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Sophia M. Parlati 08/22/2002 Primary Mother 2. Orders of Court were issued March 30, 2006 and also on December 20, 2010. A Conciliation Conference was held on May 18, 2011 with the following individuals participating: The Mother, Amber Parlati, with her counsel, Michael Sheldon, Esq. The Father, Gerald Morton, self-represented party. 3. Mother's position on custody is as follows: Mother desires to retain primary physical custody of Sophia. Mother indicates that the Child is in a lot of activities and that she attempts to notify Father of scheduled event, especially ones that are to occur on his weekend. Mother indicates that the Child feels somewhat estranged from Father and that the Child does participate in some form of individual counseling. Mother asserts that Father has some anger management issues that need to be resolved. Mother did agree to participate in therapeutic family counseling. However, Mother's position is that the counseling needs to be underway before any periods of custody with Father are to begin. 4. Father's position on custody is as follows: Father indicates that he has been trying to be flexible with Mother in trying to re-arrange his custodial periods but that Mother has been unwilling to work with him. Father would like at a minimum to revert back to his having alternating weekends. Father is adamant that there not be any sort of phase in period and would like his custodial periods to begin immediately before counseling begins. Father also was willing to participate in the therapeutic family counseling. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half 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: Z /N John J. Man quire Custody Co ili for FiLED-OF F IC L,T THE PR0TH9N0!t:- -, ?D I I AUG 16 AM 4: 9 CUMBERLAND C;UUN"i- PEPdNSYL1/Ai?l GERALD MORTON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-5042 AMBER R. PARLATI Defendant CIVIL ACTION -- LAW PRAECIPE TO WITHDRAW AS COUNSEL TO DEFENDANT TO THE PROTHONOTARY: Please remove me as the Defendant's legal representative in the above docket number, effective on the date first appearing below. Please forward all notices directly to the Defendant at the following address: Amber Parlati 116 Pine Grove Road New Bloomfield, PA 17068 DATE: (- , 2011 - 4u? J. Michael Sheldon, Esquire PA I.D. 83098 5821 Linglestown Road, Ste. 212 Harrisburg, PA 17112 Tel: 717-657-3464 FILED-Off IC 0 THE PR0-1 HCH ?... 2911 AUG 16 PM 9, r CUMBERLAND CCC;.?T, . GERALD MORTON PENNSYLVANI IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-5042 AMBER R. PARLATI Defendant CIVIL ACTION -- LAW PRAECIPE TO PROCEED PRO SE TO THE PROTHONOTARY: Please remove J. Michael Sheldon, Esquire as my legal representative and enter my appearance as pro se representative in the above docket number, effective on the date first appearing below. Please forward all notices to me at the following address: Amber Parlati 116 Pine Grove Road New Bloomfield, PA 17068 I DATE. 2011 Amber R. Parlati, Defendant