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HomeMy WebLinkAbout07-6091COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THOMAS E. LEVARTO, JR., ) Plaintiff ) V. ) DORI POWLEY, ) Defendant ) No. O 7- (0 (),q I La V.( -?e.tnw COMPLAINT FOR PARTIAL CUSTODY 1. Plaintiff is THOMAS E. LEVARTO, JR., who resides at 4704 Delbrook Road, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant is DORI POWLEY, who resides at 324 Fourth Street, Enola, PA 17025. 3. Plaintiff seeks partial custody of the following children: Name Age Was child born out of wedlock? Thomas E. Levarto, 111 15 years Yes Tiffany Levarto 9 years Yes 4. The children are presently in the custody of Defendant who resides at 324 Fourth Street, Enola, PA 17025. 5. During the past five years, the children have resided with the following persons and at the following addresses: From To Address With whom JAN, 2005 (Still living 324 Fourth Street Defendant, mother; there) Enola, Pennsylvania 17025 Justin Missimer boyfriend _ Brynn Powley sister 2004 JAN, 2005 Scott Morriss boyfriend Enola, PA 17025 and his children. 2002 Columbia Road Rick and Judy Powley Enola, PA 17025 grandparents Dori Powley mother 6. The mother of the children is currently residing at 324 Fourth Street, Enola, PA 17025. She is single. 7. The father of the children is currently residing at 4704 Delbrook Road, Mechanicsburg, PA 17050. He is married. 8. The relationship of Plaintiff to the children is father. Plaintiff currently resides with the following persons: Name Amy J. Levarto Alexa Lengyel Mya Lengyel Tiana M. Levarto Relationship to Plaintiff wife Step daughter Step Daughter daughter 9. The relationship of Defendant to the children is mother. Defendant currently resides with the following persons: Name Thomas E. Levarto, III Tiffany Levarto Justin Missimer Brynn Powley Relationship to Defendant child child Boyfriend daughter 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because I have had an on and off relationship with my children since separating with their mother in 1997. I have been unable to maintain constant and healthy contact due to interference with their mother. I feel both parents should have time with them without either party interfering. I was unable to afford an attorney and now have found ways to fight for custody on my own so that i can rebuild contact and a relationship with them. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant partial custody of the children to Plaintiff. THOMAS ?F. VART , R., Plaintiff Verification I, THOMAS E. LEVARTO, JR., Plaintiff, verify that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904 relating to unworn falsification to authorities. Date: CO tb ?oo? AVAAI THOMAS E. LEVARTO, J ., Plaintiff tc' o d -C , THOMAS E. LEVARTO, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA V. DORI POWLEY DEFENDANT • 2007-6091 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 23, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, November 14, 2007 at 10:30 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 conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -may-°> aDi a ?j •? Co ?r° or SO •C kid ?z 130 LOU _IHI 2() E l 14 314 .a_ COURT OF COACWON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THOMAS E LG•ARiVa JR, a P a a a DORI POW EY, a DefendmA a w,. or-? (oo 91 (2?\ v -? ? A-c? Certificate Of Service 1, THOMAS E. t TO, JR., Plaintiff in the above MONK. henft cedifY #wt on ? ©' c l.? .1 maddi a true am c mect «'y of the Complaint for Custody, by c wtfied read, return receipt requested. , reps x*d delivery, a W an lher copy of the same do=*" by first class maul, postage , w_ DOR1 POVA" 324 Fourth Sbeet Enola, PA 17025 1 oerMy that (check ALL of the following which are true): refiurrned to me. Certified mead: [X] The crreert and white setndax"s receipt is attached. (ATTACH receipt.) The gLeen reaipiw's receipt is attached; DORI POVVLEY sided the certified maul reoeiQt on (ATTACH receipt.) [ l The certified mail was returned to me unsigned, with the notation that the ceyfiified meal was: [ I refused [ I unclaimed [ I other notation: [ I Neither the certified mad envelope nor the certified meal receipt was Regular mead: [7(j The mgular mad has not been netunrred to me. [ I The regular mad was returned to me, with the rotation: I verify that the intbrma6on in the CoVicate of Service is true and correct. I urrdeI -, OW false sI P I a meats herein are made subject to the penalties of 18 Pa.C.SA § 4904, relating to unswom fa-l A - on to aufhoiti es. (Signature) THOMAS E. LEVAKTO. JR. .0 O m rq r%- Co m 0 0 0 o -- rq 3?r .48 10126/2007 r- Total Postage & Fees O to ?OW 1 -?fi ??o ? ---^^--------- --------1---------------------------------------------- E3 m or PO Box No. Sd ----------------------------- t?fy S?t&te• ZI '?'NaIQ `? ??as F' • ¦ Complete Rems 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: 'Dozl -?p.Wtey 0-14 4+4 sfRrF? C,?rO , PAI 17025 A. X Agent C. Date of Ddw -6 wk-E D. Is delivery address different from ite I? Dyes If YES, enter delivery address below: ? No ' 3. Service Type ? Certified Mail 13 Express mail 13 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 2. Article Number ?mfar rmMwVa 7007 0710 0003 871 0644 PS Form 3811, fttx ry U Domestic Ream IFIGOG pt rams c¢+a ts?o i i' E cr) M"iC i - 5 .?7 NOV 2 1 2007 THOMAS E. LEVARTO, JR. Plaintiff vs. DORI POWLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6091 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this ',-7 day of N o v c ? ef- 200 7 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Thomas E. Levarto, Jr., and the Mother, Dori Powley, shall have shared legal custody of Thomas E. Levarto, III, born February 28, 1992, and Tiffany Levarto, born October 21, 1997. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall initiate family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to re-establish the parent child relationship between the Father and the Children due to an extended period of minimal contact. The parties shall cooperate with each other in selecting the counselor and contacting the counselor's office by November 21, 2007 to schedule the initial sessions. The parties shall follow the recommendations of the counselor as to which family members participate in each counseling session. The parties shall also obtain guidance from the counselor as to the timing of the expansion of the existing partial custody schedule to include alternating weekends, based on the readiness and emotional well-being of the Children. The parties shall cooperate in scheduling and attending, or ensuring that the Children attend, all counseling sessions on a timely basis and acknowledge that it is their agreed upon goal to expand the partial custody schedule to alternating weekends as soon as appropriate for the Children. pj? 0 '01 W L Z AON L DZ ??"\1 f f ??-J??.1f The parties shall follow the recommendations of the counselor as to implementation of expanded partial custody arrangements. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. 3. The Mother shall have primary physical custody of the Children. 4. Pending initiation of the reunification counseling and further recommendation from the counselor as to expansion of the partial custody schedule, the Father shall have partial physical custody of the Children every Wednesday from 4:00 p.m. until 8:00 p.m. and every Saturday from 10:00 a.m. until 9:00 p.m., beginning November 14, 2007 and November 17, 2007, respectively. Unless otherwise agreed between the parties or recommended by the reunification counselor, the Father shall pick up the Children after school on Wednesdays at the Mother's residence. 5. The Mother shall provide the Father with copies of the Children's Social Security Cards and Birth Certificates as soon as possible following the custody conciliation conference. 6. The parties shall share or alternate having custody of the Children as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Children in 2007 during Segment A and the Father shall have a period of custody over the Christmas holiday in 2007 as recommended by the counselor. Thereafter, in even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B and in odd numbered years, the Mother shall have custody of the Children during Segment A and Father shall have custody during Segment B. B. Thanksgiving/Easter: In odd numbered years, the Mother shall have custody of the Children on Thanksgiving and Easter and in even numbered years, the Father shall have custody of the Children on Thanksgiving and Easter. The specific times for exchanges of custody on the holidays shall be arranged by agreement between the parties. 7. The parent receiving custody of the Children shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed between the parties. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. Counsel for either party or a party pro se may contact the conciliator to schedule a follow-up conference to address any concerns regarding implementation of the expanded partial custody schedule. The parties may also address or confirm any changes to the partial custody schedule through the custody conciliation process. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: homas E. Levarto, Jr., Father .11race E. D'Alo, Esquire - Counsel for Mother THOMAS E. LEVARTO, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-6091 CIVIL ACTION LAW DORI POWLEY Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas E. Levarto, III February 28, 1992 Mother Tiffany Levarto October 21, 1997 Mother 2. A custody conciliation conference was held on November 14, 2007, with the following individuals in attendance: the Father, Thomas E. Levarto, Jr., who is not represented by counsel, and the Mother, Dori Powley, with her counsel, Grace D'Alo, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the legal custody provision which is the recommendation of the conciliator in light of the fact that le al custody was not discussed at the conference. g Date Dawn S. Sunday, Esquire Custody Conciliator Z JAN 18 2008 THOMAS E. LEVARTO, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-6091 CIVIL ACTION LAW DORI POWLEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of J CXhv kv , 2008, upon consideration of the attached Custody Conciliation Report, it is ordere and directed as follows: 1. The prior Order of this Court dated November 27, 2007 shall continue in effect. 2. Upon entry of this Order, the Father shall enroll the Children in his employer's Select Blue medical insurance plan in order that the Children's medical and mental health needs can be addressed. BY THE COURT, '*k -? ?a '*4 ? M. L. Ebert, Jr. J. cc: Thomas E. Levarto, Jr., Father Grace E. D'Alo, Esquire - Counsel for Mother 7? .. ' ? t ..? ?,1? r?tF?_.`. -- ? ljj a ~,? THOMAS E. LEVARTO, JR. Plaintiff vs. DORI POWLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6091 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas E. Levarto, III February 28, 1992 Mother Tiffany Levarto October 21, 1997 Mother 2. A custody conciliation conference was held on January 16, 2008, with the following individuals in attendance: the Father, Thomas E. Levarto, Jr., who is not represented by counsel, and the Mother, Dori Powley, with her counsel, Grace D'Alo, Esquire. 3. This Court previously entered an Order in this matter on November 27, 2007, under which the parties were to cooperate in making arrangements for the Children and the Father to engage in counseling for the purpose of rebuilding their relationship, addressing issues which are affecting the Children's emotional well-being and working toward expansion of the partial custody schedule. Pursuant to that Order, the Father requested this follow-up conciliation conference when the process of arranging for the counseling was derailed due to various factors. At the conference, the parties renewed their commitment to cooperating with each other in improving their co-parenting relationship and in taking the necessary steps to initiate the counseling process pursuant to the prior Order. 4. The parties agreed to entry of an Order in the form as attached to enable the Children to obtain the necessary counseling to address their medical and mental health needs. Date Dawn S. Sunday, Esquire stody Conciliator 0 THOMAS E. LEVARTO, JR., PLAINTIFF VS. DORI POWLEY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6091 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Thomas E. Levarto, Jr. RespecffWly submitted, Dated: vZ C??? LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candiello, PA I.D. # 64998 4010 Glenfmnan Plad Mechanicsburg PA 1 (717) 724-2278 5 r .. ? -ra Jr""z r jrr ? f 'Ser ?'T MWBt 47 M OKI" THOMAS E. LEVARTO, JR. Plaintiff VS. DORI POWLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6091 CIVIL ACTION LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this 1 [ ON day of OX Lll? 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 27, 2007, shall continue in effect as modified by this Order. 2. Pending the counseling ordered herein and further Order of Court or agreement of the parties, the Father shall have partial physical custody of the Children on a rotating bi-weekly schedule as follows: During Week I, the Father shall have custody of the Children on Wednesday from 4:00 p.m. until 8:00 p.m. and on Saturday from 12:00 noon until 8:00 p.m. During Week II, the Father shall have custody on Monday from 4:00 p.m. until 8:00 p.m. and Wednesday from 4:00 p.m. until 8:00 p.m. The schedule shall begin with the Father having custody of the Children on Saturday March 8, 2008. 3. The parent receiving custody of the Children shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed between the parties. 4. The parties shall cooperate in establishing custody arrangements for the summer school break by agreement with the goal of sharing custody on an alternating weekly basis. 5. The Father shall contact the Children's counselor to schedule an appointment for the Father as soon as possible following the custody conciliation conference. The parties shall request that the Children's counseling address issues of concern to the Children regarding the custodial situation. The parties shall obtain guidance from the counselor as to the readiness and emotional well-being of the Children with respect to expansion of the existing partial custody schedule to include overnights with the Father. 6. The parties shall cooperate in sharing information with each other concerning the Children's medical, dental and counseling appointments as well as any school information concerning the Children's academic performance and activities. The parties agree that the Father shall be primarily responsible for managing the Children's dental care, including routine appointments and also special care, including oral surgery, if necessary. The parties agree that the Mother shall be primarily responsible for managing the Children's general medical care, including routine and illness-related appointments. All information obtained by either party in his or her area of primary responsibility shall be shared with the other parent. 7. Both parties shall ensure that the Children are permitted and encouraged to have telephone contact with the non-custodial parent. 8. Within three (3) months of the date of this Order, counsel for either party may contact the conciliator to request the scheduling of an additional custody conciliation conference to address issues related to the summer custody schedule or expansion of the school year partial custody schedule. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ,\NN -? ?" / M. L. Ebert, Jr. \J. 6 cc: K. Candiello, Esquire- Counsel for Father ace D'Alo, Esquire - Counsel for Mother 4 I C =8 WV I I dw OOOZ AUVIG k .L :Hl JO n, 2-4c?lj THOMAS E. LEVARTO, JR. Plaintiff VS. DORI POWLEY Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6091 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas E. Levarto, III February 28, 1992 Mother Tiffany Levarto October 21, 1997 Mother 2. A custody conciliation conference was held on March 5, 2008, with the following individuals in attendance: the Father, Thomas E. Levarto, Jr., with his counsel, Susan K. Candiello, Esquire, and the Mother, Dori Powley, with her counsel, Grace D'Alo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 1 Date Dawn S. Sunday, Esquire Custody Conciliator THOMAS E. LEVARTO, JR., PLAINTIFF VS. DORI POWLEY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6091 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213A North Front Street Harrisburg PA 17101 (800) 932-0356 i THOMAS E. LEVARTO, JR., PLAINTIFF VS. DORI POWLEY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6091 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff, THOMAS E. LEVARTO, JR., by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Petition for Contempt upon a cause of action of which the following is a statement: The Plaintiff is THOMAS E. LEVARTO, JR. (Sometimes hereinafter known as "Father".) who presently resides at 4704 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is DORI POWLEY, (Sometimes hereinafter known as "Mother".) who presently resides at 324 Fourth Street, West Fairview, Cumberland County, Pennsylvania, 17025. 3. The parties have engaged in numerous custody conciliations resulting in the last custody order dated March 1&, 2008, (A copy which is attached hereto and made a part hereof at Exhibit "A".). 4. Father has repeatedly had to request assistance from the court as a result of Mother's refusal to allow Father of have visitation with his children and her continued interference with Father's visitation and communication with the children. 5. Mother does not return or allow the children to return many of Father's telephone calls. 6. Mother makes many derogatory comments about Father to the children, which Father then discusses with the children when they tell him what was said about him. Mother creates fear in the children telling them Father is trying to take them away from her. 7. At every telephone call which is successful and each exchange when Father does get the children for his visitation, Mother curses at Father in front of the children and makes terrible statements and threats to Father. 8. Father made arrangements for counseling as agreed upon in the last custody conciliation. Mother continuously attempted to prevent the children from attending counseling with Father. 9. Mother has attempted on numerous occasions to make negative or erroneous statements to the principal and the children's teachers at school. Father has repeatedly had to intercede with the school to provide them with the correct information about not only himself; but also counseling, dental and medical appointments he needed to take the children to. 10. Despite the fact the children requested to stay overnight with Father and Father was to have the children on the Saturday of Easter weekend and Easter Sunday, Mother refused to allow the children to stay overnight with Father. 11. When Father attends the children's activities Mother will interfere with Father's ability to speak with the children or even take photos of the children. 12. Although the present court order directs Father may request additional time with the children and Father has made requests for additional time, Mother refuses to allow Father any additional time, stating it is not specifically stated in the court order. 13. Father persevered in getting the children to counseling with Kristin M. Davin, Psy.D. Kristin M. Davin wrote a summary of the counseling with her recommendations. (A copy which is attached hereto and made a part hereof at Exhibit "A".) This summary and recommendations was sent it to both Father and Mother. 14. Despite the Kristin M. Davin's written summary and telephone call to Mother, Mother still refuses to allow the children to enjoy overnights with their Father. 15. Father's schedule at work has changed. Every six (6) months the employees must rebid for their schedules. This is a standard change of schedule for everyone and has nothing to do with Father's actions. As a result of this change in Father's schedule, Father is not able to get the children for his regular Monday and Wednesday visits. Father has explained his change of schedule to Mother and asked for her cooperation to change his schedule so he can continue to see his children more than every other Saturday. Mother has refused to cooperate with Father's change in schedule and allow him to see the children at any other time. 16. Mother has always been and continues to be determined to keep Father from having any visitation or relationship with his children. Father continues to hope this Honorable Court will assist him to have a relationship with his children. WHEREFORE, Plaintiff, THOMAS E. LEVARTO, JR., requests this Honorable Court find the Defendant, DORI POWLEY, in contempt of this custody order and direct the Defendant, DORI POWLEY to comply with every aspect of the custody order and immediately begin overnight visitation of the children with their Father. The Defendant, DORI POWLEY, shall also be assessed the cost of the Plaintiff, THOMAS E. LEVARTO, JR.'S attorney fees incurred in bringing this contempt action to the court. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: July ?, 2008 Susan Kay Candi squire Counsel for Pla ti PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. r DATED: ?OB THOMAS E. LEVARTO, JR. EXHIBIT "A" MAR O T 2008 THOMAS E. LEVARTO, JR. Plaintiff vs. DORI POWLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-6091 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of 4?26 ? A , 2008, upon consideration of the attached Custody Conciliation Rep rt, it is or 'red and directed as follows: 1. The prior Order of this Court dated November 27, 2007, shall continue in effect as modified by this Order. 2. Pending the counseling ordered herein and further Order of Court or agreement of the parties, the Father shall have partial physical custody of the Children on a rotating bi-weekly schedule as follows: During Week I, the Father shall have custody of the Children on Wednesday from 4:00 p.m. until 8:00 p.m. and on Saturday from 12:00 noon until 8:00 p.m. During Week II, the Father shall have custody on Monday from 4:00 p.m. until 8:00 p.m. and Wednesday from 4:00 p.m. until 8:00 p.m. The schedule shall begin with the Father having custody of the Children on Saturday March 8, 2008. 3. The parent receiving custody of the Children shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed between the parties. 4. The parties shall cooperate in establishing custody arrangements for the summer school break by agreement with the goal of sharing custody on an alternating weekly basis. 5. The Father shall contact the Children's counselor to schedule an appointment for the Father as soon as possible following the custody conciliation conference. The parties shall request that the Children's counseling address issues of concern to the Children regarding the custodial situation. The parties shall obtain guidance from the counselor as to the readiness and emotional well-being of the Children with respect to expansion of the existing partial custody schedule to include overnights with the Father. 6. The parties shall cooperate in sharing information with each other concerning the Children's medical, dental and counseling appointments as well as any school information concerning the Children's academic performance and activities. The parties agree that the Father shall be primarily responsible for managing the Children's dental care, including routine appointments and also special care, including oral surgery, if necessary. The parties agree that the Mother shall be primarily responsible for managing the Children's general medical care, including routine and illness-related appointments. All information obtained by either party in his or her area of primary responsibility shall be shared with the other parent. 7. Both parties shall ensure that the Children are permitted and encouraged to have telephone contact with the non-custodial parent. 8. Within three (3) months of the date of this Order, counsel for either party may contact the conciliator to request the scheduling of an additional custody conciliation conference to address issues related to the summer custody schedule or expansion of the school year partial custody schedule. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 151 M. L. E rt, Jr J. cc: Susan K. Candiello, Esquire-- Counsel for Father Grace D'Alo, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Te timony whereof, I here unto set=my hand and a sea{ of -s 'd ours at lisle; Rai. da - of...4??-1 EXHIBIT "B" Edward Batista, Ph.D. Kristin M. Davin, Psy.D. 3920 Market Street Camp Hill, PA 17011 717-737-7332 June 4, 2008 Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Re: Levarto, Jr. v. Powley Case #: 07-6091 Dear Ms. Candiello: This letter will serve as an update on the above referenced case. I conducted an initial consultation with Mr. Levarto to ascertain and assess the dynamics of the current custody situation. During our initial meeting, it was my understanding that I would follow the Court Order dated March 10, 2008, by, Judge Ebert. Following my initial session with Mr. Levarto, I have met with Thomas E. Levarto, III, and Tiffany Levarto on six (6) separate occasions (3/11, 3/24, 4/7, 4/21, 5/14, & 6/2). The last four therapy sessions were designated family therapy as opposed to individual therapy (Tommy and Tiffany only) without the father present. The goal during the first two sessions with the children was to build rapport and a therapeutic relationship to encourage open communication about their thoughts and feelings regarding the current custody situation. Following all of my sessions in this case, I have maintained consistent verbal contact with Ms. Powley and have kept her apprised of the family sessions. In addition, during my phone contact with her, she has also had the opportunity to share her insight on this situation as it relates to her children. At this time, both children are establishing a healthy relationship with their father. My clinical recommendation at this time, based on family therapy and ancillary reports, is to commence overnight visitation effective July 1, 2008. Overnight visitation should follow the current court order (bi-weekly rotating schedule). The importance of the overnight visitation will further promote a positive father/child relationship and allow Tommy and Tiffany to continue to bond with their father and the blending of the family. In addition, during family sessions, it has been discussed that if Tommy is interested in spending time with friends on a weekend designated with his father, then Tommy and his father will come to an agreement regarding this situation. Although this is important for Tommy at this developmental stage, at this time it is recommended that visits with friends Levarto, Jr. v. Powley Case # 07-6091 June 4, 2008 Page 2 do not occur until after the first month of overnight visitation. This will help ensure a smooth transition and level of comfort for both children. Eventually, however, the goal is for both children to establish independent relationships with their father. When Tommy is able to spend time with friends, Mr. Levarto shall participate in transportation and that after the scheduled activity has ended, Tommy is to return to his father's home. Tiffany's scheduled overnight visits with her father should not be disrupted. I will continue to meet with Mr. Levarto and his two children on a bi-weekly to every three weeks basis for family therapy. The primary purpose of these sessions is to continue to address any concerns expressed by either Mr. Levarto or his children so that their relation- ship can continue to be developed and nurtured. Our next family session is scheduled for June 23, 2008. Please contact me if you wish to discuss this patient or need any additional information. I look forward to continuing to work with this family. Sincerely, Kri M. Da Ps Psychology Resident f, Z, ?,, ? /, 5"-, 7, ec? 7 / , I/' ? Edward Batista, Ph.D. Licensed Psychologist KD/EB/bs cc: Grace D'Alo, Esquire, Counsel for Mother Dawn S. Sunday, Esquire, Custody Conciliator Mr. Thomas E. Levarto, Jr. Ms. Dori Powley ? ?.a ? ? -"? '? O ? ? ? c ?- ---3 ? --r R s ? D ._. , ? __ r: ?. . D ? su 17 .,,, o --?? - ?. ' p --- , _., : n.? ?? ?. THOMAS E. LEVARTO, JR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DORI POWLEY DEFENDANT 2007-6091 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, July 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, August 22, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?, :01 H 8 IRP BU Z -3Hi JO Srp 0 8 20006, THOMAS E. LEVARTO, JR. Plaintiff vs. DORI POWLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6091 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 0 day of S P4L vh 10 Lr , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Children on Sunday, September 7, 2008 from 12:00 noon until 8:00 p.m. The Father shall have partial physical custody of the Children every weekend, beginning September 13, 2008 from Saturday at 12:00 noon through Sunday at 8:00 p.m. 3. Unless otherwise agreed between the parties, the party receiving custody of the Children shall be responsible to make arrangements for their transportation. 4. The Father shall be responsible to schedule all counseling appointments for the Children and shall notify the Mother of all scheduled appointments. The Mother shall be responsible to provide any paperwork required by the school in order to excuse the Children for counseling appointments. The parties agree that it is beneficial for the Mother to contact the counselor to participate in the counseling process in whatever manner suggested by the counselor, including the sharing of information and consultation. 5. The Father may contact the Children by telephone every Tuesday and Thursday night at 9:00 p.m. The Mother shall make the Children available to receive those telephone calls and shall encourage and promote the Children's communication with the Father. 6. Within seven (7) days of the custody conciliation conference, the Mother shall make a payment to the Father of $52.50 to reimburse the Father for one-half of the prior costs of counseling not reimbursed by insurance. The Mother shall continue to pay her one-half share of all expenses related to the ongoing counseling which are not reimbursed by insurance coverage. 7. Within ninety (90) days of the date of this Order, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference to review the custodial arrangements. Within one (1) month of the date of the first overnight period of custody, ti counsel for either party or a party pro se may contact the conciliator to request the scheduling of an expedited hearing in this matter. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ?* -V?' LA V M. L. Ebert, Jr. J. U cc: san Kay Candiello, Esquire - Counsel for Father ? Dori Powley - Mother 'Of Ow Irt-a t LL ^1 " A I'V r1 1 :0 IN 0 1 j35 611,01 Drv, 1 ? THOMAS E. LEVARTO, JR. Plaintiff VS. DORI POWLEY Defendant Prior Judge: M. L. Ebert, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6091 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas E. Levarto, III Tiffany Levarto February 28, 1992 October 21, 1997 Mother Mother 2. A custody conciliation conference was held on September 4, 2008, with the following individuals in attendance: the Father, Thomas E. Levarto, Jr., with his counsel, Susan Kay Candiello, Esquire. The Mother, Dori Powley, contacted the conciliator on the morning of the conference to advise that she was unable to attend. The Mother participated by telephone and is not represented in this matter. 3. The parties agreed to entry of an Order in the form as attached. ? 1-t ,Sr. aGD ? Date Dawn S. Sunday, Esquire Custody Conciliator