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HomeMy WebLinkAbout07-6989ANITA OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. CIVIL TERM ROBERT E. OTT, Defendant IN CUSTODY COMPLAINT 1. Plaintiff is Anita Ott, who currently resides at 6546 Pullhook Lane, Fayetteville, Franklin County, Pennsylvania 17222. 2. Defendant is Robert E. Ott, who currently resides at 9 Meadow Ridge Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 22, 1993, in Chambersburg, Franklin County, Pennsylvania. COUNT I - CUSTODY 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. The Plaintiff seeks custody of the following child: Name Address DOB Emily Ott 6546 Pullhook Lane 02/09/1998 Fayetteville, PA 17222 9 Meadow Ridge Drive Shippensburg, PA 17257 7. The child was born in wedlock. 8. The parties presently share physical custody of the minor child. 9. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Robert and Anita Ott 9 Meadow Ridge Drive Birth to February 2006 Shippensburg, PA 17257 Anita Ott 6546 Pullhook Lane February 2006 to present Fayetteville, PA 17222 Robert Ott 9 Meadow Ridge Drive February 2006 to present Shippensburg, PA 17257 10. The mother of the child is Plaintiff, Anita Ott, who currently resides at 6546 Pullhook Lane, Fayetteville, Franklin County, Pennsylvania. 11. The father of the child is Defendant, Robert Ott, who currently resides at 9 Meadow Ridge Drive, Shippensburg, Cumberland County, Pennsylvania. 12. The mother and father of the child are currently married. 13. The relationship of Plaintiff to the child is that of Mother. 14. The relationship of Defendant to the child is that of Father. 15. The Defendant currently resides alone. 16. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 17. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been a primary caregiver of the minor child since her birth. She has: i.Planned and prepared meals; ii.Bathed, groomed and dressed the child; iii.Purchased, cleaned and cared for the child's clothing; iv.Arranged medical care, including trips to physicians; v.Arranged alternative daycare; vi.Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with her Mother and Father. C. Mother is able to provide a stable environment for the child. 20. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. 21. Mother believes it would be in the best interest of the child for the parents to participate in co-parenting counseling to improve communication between the parties. WHEREFORE, the Plaintiff requests that This Honorable Court enter an Order granting plaintiff custody of the minor child. D Respectfully submitted, DATE II 20 l ABom & KUTULA"s, L.L.P. Kara W. Haggerty ID No. 86914 v 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, ANITA OTT, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date '?z ANITA OTT ANITA OTT, Plaintiff V. ROBERT E. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :DOCKET NO. CIVIL TERM IN CUSTODY i,?,",CERTIFICATE OF SERVICE 2007, I, Kara W. Haggerty, Esquire, hereby AND NOW this 20 ? day of I y0 -V, Y certify that I did serve a true and correct copy of the foregoing Complaint for Custody on the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: By First-Class Mail: Robert E. Ott 9 Meadow Ridge Drive Shippensburg, PA 17257 Kara W. Haggerty C: cza 0 R> -O Q 1'p > ( " 17 it _ _ o ANITA OTT PLAINTIFF V. ROBERT E. OTT DEFENDANT IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY PENNSYLVANIA 07-6989 CIVIL ACTION LA I IN CUSTODY ORDER OF COURT AND NOW, Tuesda it is hereb b November 27, 2007 y directed that upon consideration of the attached parties and their respective at 4th Floor, pective counsel a Complaint, Cumberland Coun Courthouse for a Carlisle on appear before Hubert Pre-Hearing X. Gilroy, Esq. , the conciliator, _____Frida, if this cannot be accom 1 Conference. At such conference y, December 2g, 2007 Custody an effort will be made to res issl ei s in at '9 AM p shed, to define and narrow the olve the order. All children a dlSpute; or issues to be hear providee five or older d by the court, and to enter into a temporary grounds for entry may also be present at the conference. ry of a temporary or Failure to a The court hereby permanent order. ppear at the conference may y directs the parties to furnish an Special Relief orders, and Custod y and all existing Y orders to the conciliator 48 protection from Abuse orders, hours prior to scheduled hearing. FOR THE COURT, By' /s/ Hubert X. Gilro Es , Custody Conciliator with Disa il The ites Actor Common Pleas of Cu 1990. For information County is required b y law to available to disabled ind Navin comply about accessible facilities and reasonable wlth the Americans must be made at least 72 g business before the court, accommodations conference or hearing, hours prior to an please contact our officeAlividuals any hearing or business before the coin-t, must attend the scheduled YOU SHOULD TAKE THIS PAPER you HAVE AN ATTORNEY OR TO Y FORTH BELOW Tp FINDR CANNOT AFFO OUR ATTORNEY AT ONCE. NE, OUT WHERE YO? ON GE ? TO OR TELEPHONE THE YOU DO NOT LEGAL HELP. OFFICE SET Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 o?s It F ?'v t ? ? ANITA OTT, PLAINTIFF V. ROBERT E. OTT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6989 : IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY AND COUNTERCLAIM AND NOW comes Defendant, Robert E. Ott, by and through his attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. COUNT I - CUSTODY 5. Defendant's responses to Paragraphs one (1) through four (4) of the Complaint are incorporated herein by reference as if set forth in their full text. 6. Admitted in part. Denied in part. It is admitted that the Plaintiff seeks custody of Emily Ott. It is further admitted that Emily Ott resides at 9 Meadow Ridge Drive, Shippensburg, PA, 17257 and that her date of birth is February 9, 1998. It is denied that she also resides at 6546 Pullhook Lane, Fayetteville, PA, 17222, although she is there for periods of partial custody with Plaintiff. 14. Admitted. 15. Admitted. 16. Admitted. IT Admitted. 18. Admitted 19. Denied. It is denied that the best interest and permanent welfare of the child will be served by granting the relief requested for the reasons including the following: a. It is denied that Mother has been the primary caregiver of the minor child since her birth. It is averred that Father has maintained primary physical custody of the child since February 2006, at which time the parties separated. It is further averred that prior to the parties separation, they shared equally in parenting duties as set forth below, however, since Father has maintained primary physical custody, said parenting duties have been performed primarily by him. i. It is denied that Mother planned and prepared meals. It is averred that Father plans and prepares the majority of the meals since the parties' separation. ii. It is denied that Mother has bathed, groomed, and dressed the child. It is averred that Father has primarily bathes, grooms, and dresses the child since the parties' separation. iii. It is denied that Mother purchased, cleaned and cared for the child's clothing. It is averred that Father primarily purchases, cleans and cares for the child's clothing since the parties' separation. iv. It is denied that Mother arranged medical care, including trips to the physicians. It is averred that Father primarily arranges medical care, including trips to the physicians since the parties' separation. V. It is denied that Mother arranged alternative daycare. It is averred that Father primarily arranges alternative daycare since the parties' separation, vi. It is denied that Mother put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. It is averred that Father primarily puts the child to bed nightly, attends the child in the middle of the night and awakens the child in the morning since the parties' separation. b. Admitted. C. Denied. It is denied Mother is able to provide a stable environment for the child. It is averred that Mother and her paramour, James Leaman, with whom she resides, constantly fight and provide quite an unstable environment for the child. 20. Admitted. 21. Mother's beliefs can neither be admitted or denied. WHEREFORE, the Defendant requests this Honorable Court deny Plaintiffs request for custody of the minor child. COUNTERCLAIM 22. Paragraphs one through twenty (1-21) are incorporated herein as if set forth in their full text. 23. It is in the best interest and permanent welfare of the child to grant the relief requested because: a. Defendant has been and continues to be the primary custodian of the parties' child from the time the parties separated through the present, with the parties having shared responsibilities prior to that time. b. Plaintiff has shown an inability to provide for the physical or emotional needs of the child. C. The child attends school in the Shippensburg School District, now being in fourth grade, and has expressed her wishes to continue to attend school in said school district. d. Defendant can provide a stable household for the child. e. The child has expressed her desire to reside with Defendant on a primary basis. WHEREFORE, Defendant requests your Honorable Court to schedule a Custody Conciliation Conference, followed by a hearing, at which time he should be granted primary physical custody of the child. 1') - 1q- (A1 Date Respectfully submitted, Hannah Herman-Snyder, Esqui Attorney for Defendant GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:- /2 3 -10 ROBERT E. OTT c pan - ? ROBERT E. OTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6989 CIVIL ACTION LAW ANITA K. OTT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, December 27, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, January 23, 2008 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ???? ? ? ?? ?? ?? ? ? ?? ???? ,.-. < , ?,??C3,?'? ;?'i,??-t???1?a ANITA OTT, Plaintiff v ROBERT E. OTT, Defendant JAN 0 2 20084'') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-6989 IN CUSTODY COURT ORDER AND NOW9 this 2A day of January, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Anita Ott, and the father, Robert E. Ott, shall enjoy shared legal custody of Emily E. Ott, born February 9,1998. 2. Physical custody shall be handled pursuant to a schedule generally along the lines as the parties have employed over the past year. It is anticipated that both parents will communicate with each other with respect to arranging a schedule that provides each parent with liberal periods of physical custody of the minor child. Father shall notify Mother each week when he receives his work schedule so that the parties may work out an arrangement for physical custody during the upcoming week. The parties shall exchange telephone numbers, and also ensure that the other parent knows where they may be reached so that they can communicate on the scheduling of a custody arrangement. Communications between the parties shall be limited only to matters relating to custody and exchange of custody and there shall be no discussions on other unrelated issues. 3. Legal counsel for the parties shall have a telephone conference with the Custody Conciliator on Friday, February 29, 2008 at 8:30 a.m. At that time, there will be discussion with respect to whether a modification needs to be implemented on the Custody Order. Additionally, if either party desires a hearing before the Court at time, the Conciliator may recommend that this case be scheduled for a hearing before the Court. 4. In the event there are any major issues that require immediate attention by the Court, counsel for either party may contact the Conciliator directly to schedule another conciliation conference as needed. cc: Kara W. Haggerty, Esquire Hannah Herman-Snyder, Esquire a uugc as eh.Tc t9CL ?lVloB 3 M.NFI r YYA 10 C 9 :01 WV I- Nvr HE aHl J0 ANITA OTT, Plaintiff v ROBERT E. OTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6989 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily E. Ott, born February 9,1998 2. A Conciliation Conference was held on December 28, 2007, with the following individuals in attendance: The mother, Anita Ott, with her counsel Kara W. Haggerty,Esquire, and the father, Robert E. Ott, with his counsel Hannah-Herman Snyder, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: /) --V -- U `7 a?'-x )'? Hubert X. Gilroy, Esq Custody Conciliator ANITA OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v ROBERT E. OTT, Defendant : NO. 2007 - 6989 CIVIL TERM IN CUSTODY CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE/WITHDRAWAL TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire, as Attorney of record for Robert E. Ott, Defendant in the above-captioned matter. o.,e Respectfully Submitted: ? a Adams, Esquire 1 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Please withdraw the appearance of Hannah Herman-Snyder, Esquire, as Attorney of record for Robert E. Ott, Plaintiff in the above-captioned matter. Respectfully Submitted: Date: (?l ?6 e an nyder, Esquire H nover t. Carlisle, Pa. 17013 (717) 243-5551 _, co ANITA OTT, Plaintiff vs. ROBERT E. OTT, Defendant JUL 2 9 20086, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6989 IN CUSTODY COURT ORDER AND NOW, this LO? day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of January 3, 2008, is vacated and replaced with the following Order: 1. The mother, Anita Ott, and the father, Robert E. Ott, shall enjoy shared legal custody of Emily E. Ott, born February 9, 1998. 2. The parties shall share physical custody of the minor child on a week on/week off basis with the exchange and time being Mondays after school unless agreed otherwise by the parties. 3. Holidays shall be handled as follows: A. Christmas shall be divided into two blocks. Block A shall be from December 24th at noon thru December 25th at noon with Block B being from December 25th at noon thru December 26`h at noon. Mother shall have Block A and Father shall have Block B in even years with the parties alternating thereafter. B. Easter and Thanksgiving shall be shared by the parties with the days being divided as the parties may agree. C. The parties shall alternate custody on New Year's Day, Memorial Day, July 4th, Labor Day and Halloween (which shall be the night scheduled for trick- or-treat). Mother shall have Labor Day, 2008, with the parties alternating thereafter. D. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. E. The parties agree to equally share the day of the child's birthday. 3 F. The parties agree to allow the non-custodial parent a period of time on that parent's respective birthday. r 4. Each party shall be entitled to two weeks of vacation with the child during the summer break which weeks may be scheduled consecutively. The parties will give the parent notice by May ? of each year. The parties shall provide each other with their itinerary including, but not limited to, dates, times, specific address or location, land line telephone number and other contact information. 5. Unless agreed otherwise by the parties, the child shall continue to attend the Shippensburg Area School District. 6. Based upon an agreement of the parties, the Father shall maintain health insurance coverage for the child and the parties shall equally share in the out-of-pocket expenses incurred for medical purposes for the child. The parties further agree that neither party shall file a complaint for support with the Cumberland County Domestic Relations office or otherwise, and the parties shall share all out-of-pocket expenses for the child. This paragraph is subject to the standard law relating to support obligation. 7. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 8. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. In the event either party desires to modify this Order, they may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. COURT, Edward E. Guido, Judge cc: ane Adams, Esquire ,,Xara Haggerty, Esquii !! A ? r Auv J '(1 },J If ANITA OTT, Plaintiff vs. ROBERT E. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6989 IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily E. Ott, born February 9, 1998 2. A Conciliation Conference was held on July 17, 2008, with the following individuals in attendance: The mother, Anita Ott, who appeared with her counsel, Kara W. Haggerty, Esquire, and the father, Robert E. Ott, with his counsel, Jane Adams, Esquire. 3. The parties agreed to an entry of an Order in the form as attached. V?- Date: July , 2008 a? Hubert X. roy, Esquire Custody nciliator ANITA OTT PLAINTIFF V. ROBERT E. OTT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-6989 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 29, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 26, 2010 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. 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/ Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 19 /`0 Cumberland County Bar Association -? 9/. C?.. n 32 South Bedford Street Carlisle, Pennsylvania 17013 -;, C3? r «? f -j-1 rrj t +r U U -7 _i6 aLj _?, A Telephone (717) 249-3166 6 / eb? a 4zC ,N > >? J. U&,,.f c C-) i r . n ? o .. OM ~ t~~ i 1 ~~ ~~~ ~ ~-1~?~OTARY LILAKIS - i~-°i 3~ ~3 _. 210 QCT 5 ~~ Y DSg#: 86914ire ~~i~C~7~~1~ ~~~~ ~~~~'~~,.{r 36 South Hanover Street ~ r ' ~ a ~ ~'~' ~ ~ t Carlisle, PA 17013 (717)249-0900 ANITA OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :DOCKET NO. CIVIL TERM . ~aD7 s G Qb~ ROBERT E. OTT, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Petition for Modification of Custody, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Robert E. Ott, at Carlisle, Pennsylvania, addressed as follows: 9 Meadow Ridge Drive Shippensburg, PA 17257 Return card acknowledging receipt on September 29, 2010, is attached as Exhibit "A". Date: ~ ABOM & SUTULAKIS, LLP ~• Kara W. Haggerty, squire 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 86914 ~,QNMp1eAi+lbart~s 1, 2, artd3. Also complete ~ a n weed ~rery ~ desired. t lihht your name and address on the reverse so that we can return the card to you. i /Ukac~t this card to the back of the malipiece, 01' On the front ff space permits. f. Article Addressed tos `~-ob~ ~ . c~+- a sipnat _ . X ^ ^ Addal~ D. Is delNery address dfRererrt from Item 1? L] Yes H YE$, enter delivery address below: ^ No 3. 'type [L' 1~i p,~",,-n ] ~~ , J~~Cert~IHed Mail ^ Esq~reas Mail ~1J~ \~ v ^ Regist~sd ^ Return Reoelpt for Merchalrrw ( ~ 2 5 7 ^ insaed MaN ^ c.os. 4. Restricted Delfirery? (Extra Fee) ^ Yes 2. ArtidetJumber ~oyo a29~ ooao 6471 5107 >~ M inn 1. lybrrsry lOA+t pa~a..lla Mlurn nse~ rewsao-r~nro EXHIBIT `A" 3 ocr2szu~~ ANITA OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :2007-6989 CIVIL ACTION -LAW ROBERT E. OTT, ~ c' a ~'' Defendant : IN CUSTODY r~: ~ ~ ,.~,~ -*~ ~~ rv c~° ORDER OF COURT ~ ~ -T -°T, ~~ ~- c, ~-~ ,,tt ~~ - ~ ~rn AND NOW, this day of r , 2010, upon ~ ~ consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court, dated August 4, 2008 shall remain in full force and effect with the following addition. 2. The parties shall cooperate with a custody evaluation performed by Dr. Lehman. The costs shall be divided as agreed by the parties. 3. 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. Another Conciliation Conference may be scheduled at the request of either party. B E COUR , Edward E. Guido, J. cc: bra W. Haggerty, Esquire, Counsel for Mother Jane Adams, Esquire, Counsel for Father ~ ¢.~ rn~. ~ l£W ~~/~./,v OCT 2 6 2010 ANITA OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :2007-6989 CIVIL ACTION -LAW ROBERT E. OTT, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily E. Ott February 9, 1998 shazed 2. A Conciliation Conference was held in this matter on October 26, 2010, with the following individuals in attendance: The Mother, Anita Ott, with her counsel, Kaza W. Haggerty, Esquire, and the Father, Robert E. Ott, with his counsel, Jane Adams, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated August 4, 2008 providing for shared legal and shazed physical custody on a week on/week off basis. 4. The parties agreed to an Order in the form as attached. /0-o1~n~lri Date ,~ acq line M. Verney, Esquire Custody Conciliator &U ULAKIS 1113 APR 1 ' Jason P.Kutulakis,Esquire �; �l�'� Attorneyl.D.#: 80411 RL��#0 CGUYL+.jb, 2 West High Street �� st 1 Carlisle,PA 17013 ` (717)249-0900 ANITA OTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PA V. NO. 2007-6989 ROBERT E. OTT, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW, this 16th day of April, 2013, comes Petitioner,Jason P. Kutulakis, Esquire of ABOM &KUTULAKIS, LLP who respectfully avers the following: 1. On January 29, 2013, Jason Kutulakis, Esquire, filed a Petition to Withdraw as Counsel in the above-captioned matter. 2. A Rule to Show Cause was issued on February 5, 2013, upon the Respondents to show why Kara W. Haggerty, Esquire, and the law firm of Abom & Kutulakis, LLP, should not be permitted to withdraw as counsel for Plaintiff, Anita Ott. However, we did not receive a certified copy of the Court Order until March 20, 2013. 3. On March 20, 2013, a copy of Order of Court was sent to Plaintiff, Anita Ott and Jane Adams, Esquire, counsel for Defendant. 4. More than twenty (20) days have elapsed and Plaintiff, Anita Ott and Jane Adams, Esquire, counsel for Defendant have failed to file a response to the Order of Court with the Rule to Show Cause. 5. Undersigned counsel is unaware of any objections to Kara W. Haggerty, Esquire, and Abom & Kutulakis, LLP's Motion to Withdraw having been filed in this matter as of the filing of the instant Motion. WHERERFORE, undersigned counsel respectfully requests this Honorable Court grant his request to withdraw as counsel in this matter. Respectfully submitted, ABOM &KUTULAKIS, L.L.P. Date Jas n P. K 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 80411 e a CERTIFICATE OF SERVICE AND NOW, this 16th day of April, 2013, I, Sally Evans of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Petition to Make Rule Absolute by First Class U.S. Mail addressed to the following: Jane Adams,Esquire 17 West South Street Carlisle,PA 17013 Attorney for Defendant AND Anita (Ott) Leaman 6546 Pullhook Lane Fayetteville,PA 17222 Sally Evans 3 ANITA OTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 2007-6989 ROBERT E. OTT, • CIVIL ACTION -LAW Defendant IN CUSTODY rri 7-1 Ill 77 2Z-7:;411 :7.'3 Frl co r `-) , • ORDER OF COURT ,--) AND NOW, this/ 70lay of/21,00/6 , 2013,upon consideration of the Motion to Make Rule Absolute, said Motion is hereby GRANTED. Kara W. Haggerty, Esquire and Abom&Kutulakis, L.L.P. are hereby granted leave to Withdraw as Counsel for the above- , named Plaintiff, Anita Ott. BY THE COURT: Edward E. Guido, J. Distribution: Jason P. Kutulakis, Esquire v Jane Adams, Esquire 141a'lle ,/ Anita (Ott) Leaman fi 6546 Pullhook Lane 41181 0 Fayetteville,PA 17222