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HomeMy WebLinkAbout08-0005GLEN W. ELLIOTT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND, PENNSYLVANIA V. MAUREEN E. ELLIOTT, DEFENDANT NO. Q8-Odd S- CIVIL ACTION - 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 of business before the Court. GLEN W. ELLIOTT, PLAINTIFF V. MAUREEN E. ELLIOTT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 08,, doos- CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, by and through his counsel Smigel, Anderson & Sacks, and files the following Complaint for Custody: 1. Plaintiff is Glen W. Elliott residing at 455 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Maureen E. Elliott, residing at 356 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Graciahna Louise Elliott 356 Stonehedge Lane 16 mos. (dob 8/29/06) Mechanicsburg, PA 4. The child was not born out of wedlock. The child is presently in the custody of Mother. 5. During the past five (5) years, the child has resided with the following persons and at the following addresses: Persons Addresses Mother 356 Stonehedge Lane Mechanicsburg, PA Dates 12/14/07 - present Mother & Father 455 Stonehedge Lane 8/29/06 - 12/14/07 Mechanicsburg, PA 6. The mother of the child is MAUREEN E. ELLIOTT. She is married to, but separated from, the father of the child, GLEN W. ELLIOTT. 7. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides alone and has shared physical custody of his daughter, Isabella Shaner-Elliott. 8. The relationship of Defendant to the child is that of Mother. Defendant currently resides with the following persons: Name Stephanie R. Waller Amy Yanchek Isabel Yanchek Relationship Defendant's daughter Defendant's sister Defendant's mother 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff is a fit parent. B. The child sees Plaintiff as a source of love and affection. D. Placing custody with Plaintiff will provide continuity, stability and certainty to the child's life. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant shared legal custody to Plaintiff and Defendant and primary physical custody of the child to Plaintiff. Date: 2- -? -tI Respectfully submitted, SMIGEL, ANDERSON & SACKS By: ?inn V Levin, Esquire ID #70259 J R. Demmel, Esquire ID #90918 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorney for Plaintiff VERIFICATION I, Glen William Elliott, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. _ Date: I 11`0% -I--% Gle William Elliott /AVL/kld/Petition to Modify Custody /June 25, 2001 GLEN W. ELLIOTT, PLAINTIFF V. MAUREEN E. ELLIOTT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff's Complaint for Custody on Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the 2nd day of January, 2008, addressed as follows: Maureen E. Elliott 356 Stonehedge Lane Mechancisburg, PA 17055 Smigel, Anderson & Sacks By: nn V. evin, Esquire ID #70259 e . Demmel, Esquire ID #90918 4431 North Front Street, 3rd Mr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorney for Plaintiff [ CP "''7) C-n CIO 0 ` -. PIZ A n Q f ^'i "i GLEN W. ELLIOTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MAUREEN E. ELLIOTT DEFENDANT 2008-0005 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 31, 2008 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. 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/ Hubert X. Gilroy, 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 SUSAN zl . i ????7vYt 47`'? 116 Ede #M ? GLEN W. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MAUREEN E. ELLIOTT, NO. 2008-0005 Defendant IN CUSTODY COURT ORDER -0\ AND NOW, this %k day of February, 2008, upon consideration of the attached Custody Conciliation Report, the following INTERIM custody Order is entered: 1. The father, Glen W. Elliott, and the mother, Maureen E. Elliott, shall enjoy shared legal custody of Graciahna Louise Elliott, born August 29, 2006. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy liberal periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday when he gets off work until Monday morning. B. Each Tuesday and Wednesday during the week from when father gets off work until 7:30 p.m. C. At such other times as agreed upon by the parties. 4. Father shall notify mother on or before Sunday evening of each week as to when he will be getting off work on the following Tuesday and Wednesday for purposes of picking the child up. Additionally, where father's weekend of custody is the upcoming Friday, father shall also notify mother as to when he shall pick the child up on that Friday. 5. In the event the father has to go to work or is otherwise unable to care for the minor child during the time that he has custody, the father shall notify the mother and give her the first opportunity to provide care for the child during those time frames. 6. Neither parent shall consume or be under the influence of alcohol when they have custody of the minor child. 7. The alternating weekend custody shall be arranged on a schedule such that the weekend mother has her other child she shall have custody of Graciahna and the weekend father has his child he shall also have custody of Graciahna. 8. The parties shall submit themselves to a custody evaluation to be performed by a professional agreed upon legal counsel for the parties. Cost of this evaluation shall be shared between the parties. Upon the conclusion of that evaluation and in the event the parties are unable to reach an agreement at that time, legal counsel for the partes may contact the Custody Conciliator directly to schedule another Custody Conciliation Conference. In the event a hearing is scheduled as a result of the inability of the parties to agree upon Order, the custody Order set forth above shall not prejudice either party from advancing a contrary position with respect to a permanent custody Order. 9. In the event there are any problems that arise over the next few months and prior to the conclusion of the evaluation, legal counsel for the parties may also contact the Custody Conciliator to schedule an emergency conciliation conference, which may be via telephone between legal counsel for the parties and the Conciliator, to address any issues. 10 Exchange of custody of the minor children shall take place at the Giant Foods Store on Simpson Ferry Road unless agreed otherwise by the parties. BY THE COURT. cc: ? James R. Demmel, Esquire Kristin R. Reinhold, Esquire a/„/os C! l is ??12l? r .. GLEN W. ELLIOTT, Plaintiff v MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-0005 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: Graciahna Louise Elliott, born August 29, 2006. 2. A Conciliation Conference was held on January 31, 2008, with the following individuals in attendance: The father, Glen W. Elliott, with his counsel, James R. Demmel, Esquire, and the mother, Maureen E. Elliott, with her counsel, Kristin R. Reinhold, Esquire. 3. Upon the recommendation of Conciliator the parties agree to the entry of a temporary custody Order in the form as attached. Date: February 9, 2008 4/ Hubert X. oy, Esquire Custody onciliator INT, 4 ,j 0C :C fIJ I i 03J HOZ ElHi 20 JUL 3 0 2008 GLEN W. ELLIOTT, Plaintiff v MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-0005 IN CUSTODY ORDER AND NOW, this d= day of July, 2008, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. IKibert X. Gi y, Esquire Custody C ciliator C ? r Z) ;7 APR 0 3 2000 ,? GLEN W. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MAUREEN E. ELLIOTT, NO. 2008 - 0005 Defendant IN CUSTODY COURT ORDER AND NOW, this -11(1? day of April, 2009, upon consideration of the attached Custody Conciliation Report, this Court's prior Order of February 11, 2008, is vacated and replaced with the following Order: 1. The father, Glen W. Elliott, and the mother, Maureen E. Elliott, shall enjoyed shared legal custody of Graciahna Louise Elliott, born August 29, 2006. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy liberal periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday when the Father gets off work until Monday morning at approximately 8:00 a.m. In the event the Mother is working, Father shall deliver the minor child to daycare on Monday morning subject, however, to the understanding that if Father has some time off on Monday and Mother is working, Father may keep the child longer on Monday. B. On the Wednesday evening prior to Mother's weekend of custody, Father shall have custody from 5:30 p.m. when Father shall pick up the child until Thursday morning at 8:00 a.m. Again, if Mother is working, Father shall deliver the child to daycare subject, however, to the understanding that if Father has off work on Thursday morning, he may keep the child for a period of time while the Mother is at work. C. On each Tuesday from 5:30 p.m. until 8:00 p.m., with the Mother to provide transportation for exchange of custody at both delivery and pick up on Tuesday evenings; D. On the other two Wednesdays during the month on a four-week schedule from 5:30 p.m. until 8:00 p.m., with transportation to be handled on the first Wednesday of this schedule with Father picking the minor child up at 5:30 and Mother getting the child at 8:00 p.m., and transportation on the second Wednesday under this schedule with Mother delivering the child at 5:30 p.m. and Father delivering the child back to Mother at 8:00 p.m; and E. At such other times as agreed upon by the parties. 4. The custody schedule as set forth in paragraph 3 above shall be subject to modification by Father in the event Father is off work and available to take care of the child. Father shall notify Mother when he gets his work schedule and in the event he intends to take the opportunity to have additional custody during the days. 5. In the event either parent has to go to work or is otherwise unable to care for the minor child during the time they have custody for a period of at least three hours, they must notify the other parent first to give them the opportunity to provide care for the child during those time frames. 6. Neither parent shall consume alcohol to such a degree as to become intoxicated while they have custody of the minor child. 7. Each parent shall enjoy two weeks of vacation with the minor child which weeks shall be non-consecutive. The parent shall give the other parent at least sixty (60) days notice as to when they plan to exercise the week of vacation subject, however, to the provision that the parent who gives notice first with respect to a particular week during the summer months shall have that week reserved. 8. Holidays shall be handled as follows: A. The Christmas holiday shall be divided into two segments. Segment A shall be from Christmas Eve at 7:00 p.m. until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 26 at noon. Mother shall have segment A in 2009 with Father having Segment B and the parties alternating thereafter, unless the parties agree otherwise between themselves. B. For the child's birthday, the parties shall work between themselves in an effort to reach some type of compromise to provide each parent meaningful time on the child's birthday. At a minimum, the non-custodial parent shall be afforded at least two (2) hours with the minor child on her birthday. C. The New Year's holiday shall be divided into two segments. Segment A shall be from New Year's Eve at 7:00 p.m. until New Year's Day at noon with Segment B being from New Year's Day at noon until January 2 at noon. The parties shall alternate those segments with the Father having the first segment on New Year's Eve 2009 and the Mother having the second segment with the parties alternating thereafter. D. The holidays of Easter, Memorial Day, July 4, Labor Day and Thanksgiving shall be alternated with the time frame being from 8:00 a.m. until 8:00 p.m. Father shall have Easter 2009 with the parties alternating thereafter. However, it is noted that for Easter of 2009 Father's time shall start at noon and in Easter 2010, Mother's time shall start at noon. BY THE COURT, M. L. Ebert, Jr., Judge cc: es R. Demmel, Esquire Kristin R. Reinhold, Esquire ?? rrLat LccC 1?717017 ?:Xflyi t •?11 /1^ LO 0 Wd L- (7d 6000 GLEN W. ELLIOTT, Plaintiff vs. MAUREEN E. ELLIOTT, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 0005 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Graciahna Louise Elliott, born August 29, 2006 2. A Conciliation Conference was held on April 1, 2009, with the following individuals in attendance: The mother, Maureen E. Elliott, who appeared with her counsel, Kristin R. Reinhold, Esquire, and the father, Glen W. Elliott, with his counsel, James R. Demmel, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: April ? '2009 Hubert X. Gilroy, squire Custody Conciij for GLEN W. ELLIOTT, Plaintiff/Respondent V. MAUREEN E. ELLIOTT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0005 CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes the Petitioner, Maureen E. Elliott, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully petitions this Honorable Court to modify its Custody Order dated April 7, 2009, and in support thereof, avers the following: 1. Petitioner is Maureen E. Elliott, hereinafter referred to as "Mother", an adult individual currently residing 315 Antilles Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Glen W. Elliott, hereinafter referred to as "Father", an adult individual currently residing at 450 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The subject minor child is Graciahna. Louise Elliott, born August 29, 2006. 4. Pursuant to a Custody Order dated April 7, 2009, a copy of which is attached hereto and incorporated herein, Mother has primary physical custody of the subject minor child while Father enjoys liberal periods of temporary physical custody on alternating weekends from Friday until Monday, alternating Wednesday overnights from 5:30 p.m. until Thursday morning at 8:00 a.m., and every Tuesday and alternating Wednesday evenings from 5:30 p.m. until 8:00 p.m. 5. At the time of the entry of the Custody Order dated April 7, 2009, Mother was a full-time, stay-at-home mom and did not work, and Father was employed full-time as an optometrist. Following the entry of the Court's Order, Father has lost his job and is currently unemployed. Mother has returned to the work force and is employed full-time. 6. Prior to Mother commencing employment, the parties agreed that Father would provide daycare for the subject minor child while Mother is at work conditioned upon Mother having telephone contact with the subject child during her work break. 7. The schedule set forth in the Custody Order dated April 7, 2009, was reached by agreement of the parties at the time of a Custody Conciliation. At that time, it was the intention of the parties to maximize the subject minor child's time with both parents taking into consideration that Mother was at home with the child during the day and expanding Father's time with the child when he was not working. As Mother is now working and Father is spending over 40 hours of custodial time with the child during the week while Mother is at her employment, she believes and therefore avers that it is in the best interests of the subject minor child that she be entitled to more time with the subject minor child in the evenings after her workday. 8. Father has engaged in a course of conduct which is alienating and unsupportive of Mother's role as a parent. Father has regularly used profanities and vulgarities when speaking to Mother during exchanges, including but not limited to the following: a. On April 3, 2009, two days after the parties' Custody Conciliation which resulted in the entry of the Court Order dated April 7, 2009, Father told Mother while he was holding the subject minor child, "Well, Maureen, when Michelle and I are making love and getting drunk this Friday and Saturday night, we will try to keep it down so Gracie doesn't hear us." b. On May 1, 2009, Father began screaming at Mother during an exchange when she told him that she did not have a computer, calling her a "f----ing b--ch c--t whore" and telling her that he hated her guts and hoped she died as well as using numerous other profanities. The subject child was in earshot of this exchange. c. On July 28, 2009, Father told Mother while she was strapping the subject minor child into her car seat, "I hate you, you f---ing b--ch. I hope you f---ing die, you c--t." 9. Father refuses to allow the subject minor child to speak to her mother while she is in his custody. Despite the parties' verbal agreement that Mother would be permitted to speak to Gracie during her lunch hour and while he was on vacation, he has failed to make the child available. 10. Father exercised his vacation with the subject minor child from Saturday, July 18, 2009, to July 27, 2009. Although Father did allow Mother to speak with Gracie on July 19, 2009, she was unable to speak with her for the next seven days. Father was also exercising his vacation time with his other daughter, Isabella. Isabella spoke to her mother every day of Father's vacation. This resulted in the subject minor child observing her half-sister speaking to her mother on a daily basis, while she was being deprived of telephone contact with her own mother. 11. On Monday, July 27, 2009, Father refused to relinquish custody to Mother in violation of the Court's Order dated April 7, 2009. When Mother came to Father's house to pick up the child following Father's vacation period and at the end of Mother's work day, Father refused to give her custody of Gracie unless she provided him a statement in whiting that Mother would not place her in a daycare facility. Mother was forced to involve the Upper Allen Police, who spoke to Father and convinced him to return the child to her mother. 12. Father has begun to become negligent in his care of the subject minor child. The subject child has been returned to Mother's custody with soiled disposable training pants, even though she is potty trained, and he has failed to use sufficient sunscreen on the child, resulting in a significant facial sunburn. 13. Based on the aforegoing conduct of Father, Mother believes and therefore avers that Father is no longer acting in the child's best interests. WHEREFORE, Petitioner, Maureen E. Elliott respectfully requests this Honorable Court modify its Custody Order dated April 7, 2009, as follows: a. Reduce Father's custodial periods with the subject minor child, thereby maximizing Mother's time with the child while she is not working; b. Compel Father to allow telephone contact between Mother and the subject child while she is in his custody; c. Order Father to begin counseling to deal with his anger towards Mother and to understand the negative impact his behavior is having on the subject minor child; d. Order exchanges to take place in a neutral location; e. Order Father to pay Mother's attorney's fees and costs associated with the filing of this Petition; and f. Any other relief this Court deems reasonable and just. Date: Respectfully Submitted, THE LAW OFFICES OF SILLIKER & RENHOLI 5922 L' glestown Road Harris g, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Maureen E. Elliott AFFIDAVIT I, Maureen E. Elliott, hereby certify that the aforegoing is 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. 4949 relating to unworn falsifications to authorities. Dated: O Maurben E. Elliott .? ., 5 a,... ». t b _.. ...? APR 0 3 2009 G, GLEN W. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MAUREEN E. ELLIOTT, NO. 2008 - 0005 Defendant IN CUSTODY COURT ORDER AND NOW, this day of April, 2009, upon consideration of the attached Custody Conciliation Report, this Court's prior Order of February 11, 2008, is vacated and replaced with the following Order: The father, Glen W. Elliott, and the mother, Maureen E. Elliott, shall enjoyed shared legal custody of Graciahna Louise Elliott, born August 29, 2006. 2. "l'he Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy liberal periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday when the Father gets off work until Monday morning at approximately 8:00 a.m. In the event the Mother is working, Father shall deliver the minor child to daycare on Monday morning subject, however, to the understanding that if Father has some time off on Monday and Mother is working, Father may keep the child longer on Monday. B. On the Wednesday evening prior to Mother's weekend of custody, Father shall have custody from 5:30 p.m. when Father shall pick up the child until Thursday morning at 8:00 a.m. Again, if Mother is working, Father shall deliver the child to daycare subject, however, to the understanding that if Father has off work on Thursday morning, he may keep the child for a period of time while the Mother is at work. C. On each Tuesday from 5:30 p.m. until 8:00 p.m., with the Mother to provide transportation for exchange of custody at both delivery and pick up on Tuesday evenings; D. On the other two Wednesdays during the month on a four-week schedule from 5:30 p.m. until 8:00 p.m., with transportation to be handled on the first Wednesday of this schedule with Father picking the minor child up at 5:30 and Mother getting the child at 8:00 p.m., and transportation on the second Wednesday under this schedule with Mother delivering the child at 5:30 p.m. and Father delivering the child back to Mother at 8:00 p.m; and E. At such other times as agreed upon by the parties. 4. The custody schedule as set forth in paragraph 3 above shall be subject to modification by Father in the event Father is off work and available to take care of the child. Father shall notify Mother when he gets his work schedule and in the event he intends to take the opportunity to have additional custody during the days. 5. In the event either parent has to go to work or is otherwise unable to care for the minor child during the time they have custody fora period of at least three hours, they must notify the other parent first to give them the opportunity to provide care for the child during those time frames. 6. Neither parent shall consume alcohol to such a degree as to become intoxicated while they have custody of the minor child. 7. Each parent shall enjoy two weeks of vacation with the minor child which weeks shall be non-consecutive. The parent shall give the other parent at least sixty (60) days notice as to when they plan to exercise the week of vacation subject, however, to the provision that the parent who gives notice first with respect to a particular week during the summer months shall have that week reserved. 8. Holidays shall be handled as follows: A. The Christmas holiday shall be divided into two segments. Segment A shall be from Christmas Eve at 7:00 p.m. until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 26 at noon. Mother shall have segment A in 2009 with Father having Segment B and the parties alternating thereafter, unless the parties agree otherwise between themselves. B. For the child's birthday, the parties shall work between themselves in an effort to reach some type of compromise to provide each parent meaningful time on the child's birthday. At a minimum, the non-custodial parent shall be afforded at least two (2) hours with the minor child on her birthday. C The New Year's holiday shall be divided into two segments. Segment A shall be from New Year's Eve at 7:00 p.m. until New Year's Day at noon with Segment B being from New Year's Day at noon until January 2 at noon. The parties shall alternate those segments with the Father having the first segment on New Year's Eve 2009 and the Mother having the second segment with the parties alternating thereafter. D. The holidays of Easter, Memorial Day, July 4, Labor Day and Thanksgiving shall be alternated with the time frame being from 8:00 a.m. until 8:00 p.m. Father shall have Easter 2009 with the parties alternating thereafter. However, it is noted that for Easter of 2009 Father's time shall start at noon and in Easter 2010, Mother's time shall start at noon. BY THE COURT, cc: Irl c2v. -,/ - eL_4 -,/ 12., -_ 'Nf L. E ert„ Ir., Judge James R. Demmel, Esquire .,- 4, Kristin R. Reinhold, Esquire ?'? r~ Ws t" ?^ GLEN W. ELLIOTT, Plaintiff vs. MAUREEN E. ELLIOTT, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 0005 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Graciahna Louise Elliott, born August 29, 2006 A Conciliation Conference was held on April 1, 2009, with the following individuals in attendance: The mother, Maureen E. Elliott, who appeared with her counsel, Kristin R. Reinhold, Esquire, and the father, Glen W. Elliott, with his counsel, James R. Demmel, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: April 3 '2009 Hubert X. Gilroy, -squire Custody Concil' for }fieR 2009 AUG _4 *10,00 Po A`[TI ?,* ,7.3 GLEN W. ELLIOTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MAUREEN E. ELLIOTT DEFENDANT 2008-5 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 06, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 04, 2009 at 9:30 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/ Hubert X. GAro Es q. , L4\ 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 I ^ r j . OF TH: F ?' ??f SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 James R. Demmel, Esquire ID #90918 4431 North Front Street, P Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin@sasllp.com idemmelAsasllp.corn Attorneys for Plaintiff GLEN W. ELLIOTT, Plaintiff V. MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 2008-0005 CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Plaintiff, Glen W. Elliott, by and through his counsel, Smigel, Anderson & Sacks and submits this Answer to Defendant's Petition for Modification of Custody Order and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that prior to Mother commencing employment, the parties agreed that Father would care for the child (hereinafter referred to as "Graciahna") while Mother was at work. It is denied that the agreement was conditioned upon Mother having telephone contact with Graciahna during her work break. By way of further answer, Father's only telephone is his home, land line phone and Mother has unrestricted access to that phone to contact Graciahna while she is in Father's custody. 7. Admitted in part and denied in part. It is admitted that the schedule set forth in the Custody Order dated April 7, 2009 was reached by agreement of the parties. It is denied that Mother's intention at that time was to maximize Graciahna's time with both parents, since Mother objected to Father's proposed custody schedule and the parties reached an agreement only through Father's willingness to accept a modified custody schedule. It is denied that it is in Graciahna's best interest to spend more time with Mother in the evenings after her workday. By way of further answer, Graciahna spends more time with Mother in the evenings than she did with Father when he was working during the day. Mother appears to have one standard of "maximizing Graciahna's time with both parents" when she is working full-time compared to when Father is working full-time. 8. Denied. Father denies that he has engaged in a course of conduct which is alienating and unsupportive of Mother's role as a parent. By way of further answer, Father has never used profanities or vulgarities around Graciahna, whether in the presence of Mother or not. a. Denied. b. Denied. c. Denied. 9. Denied. Father denies that he refuses to allow Graciahna to speak with Mother while Graciahna is in his custody. By way of further answer, Father allows Graciahna to speak to her Mother when there is a phone available. Father does not have a cell phone. If Father and Graciahna are not home when Mother calls, Mother leaves a message for Graciahna and Father has Graciahna return Mother's call when they return home. Mother has accused Father, in front of Graciahna and when speaking directly to Graciahna, of refusing to let Mother speak to her. 10. Admitted in part and denied in part. It is admitted that Father exercised his vacation with Graciahna from Saturday, July 18, 2009 to July 27, 2009 and that Mother was able to speak with Graciahna on July 19, 2009. It is admitted that Father was also exercising his vacation time with his older daughter, Isabella and that she was able to speak to her mother every day of Father's vacation. It is denied that Mother was unable to speak to Graciahna for seven days or that Graciahna was deprived of telephone contact with Mother. By way of further answer, Graciahna tried to contact Mother and left messages for her. Mother did not return Graciahna's calls. Father's parents and Michelle, his girlfriend, participated in the vacation. Father's older daughter, Isabella, had access to Father's parents' and Michelle's cell phones, which made phone access more readily available. Graciahna, unfortunately, did not have this unrestricted access since Mother is to have no contact with either Father's parents or Michelle due to continued phone harassment of both by Mother. Prior to Father's vacation with Graciahna, his parents and Michelle were forced to contact the police due to Mother's continued phone harassment of them. 11. Admitted in part and denied in part. It is admitted that Father refused to relinquish custody of Graciahna to Mother until she provided him with a statement in writing that she would not place Graciahna in a daycare facility. It is admitted that Mother involved the Upper Allen Police. It is denied that Mother was forced to involve the Upper Allen Police or that they convinced Father to return Graciahna to Mother. By way of further answer, during the custody exchange, Mother stated that she had enrolled Graciahna in daycare and Graciahna would begin the next day. The parties had already agreed that Graciahna would stay with Father while Mother was at work until such time as he had obtained new employment. Father asked Mother not to take Graciahna to daycare and to sign a statement stating that Mother would not do so. Mother contacted the police, who then contacted Father. During the phone contact with the Upper Allen Police, Mother stated to Father and the police officer that she would bring Graciahna to Father's home the next day and with that reassurance from Mother in the presence of the police officer, Father agreed to have Graciahna leave with Mother. 12. Admitted in part and denied in part. It is denied that Father has been negligent in his care of Graciahna. It is admitted that on one occasion, Graciahna returned to Mother with mild sunburn on one arm. Although Father has Graciahna wear a hat and sunscreen outside, she is extremely fair-skinned and got sunburned despite Father's precautions. It is denied that Graciahna has been returned to Mother's custody with soiled disposable training pants or that Graciahna is potty trained. By way of further answer, Graciahna is still in the process of becoming potty trained and still has accidents, so it is possible that Graciahna soiled her training pants between the time Mother picked her up at Father's home and when they arrived at Mother's home. 13. Denied. Father denies that he is not acting in Graciahna's best interest. By way of further answer, Father has always acted in Graciahna's best interest. It is believed and therefore averred that Mother, by filing her Petition for Modification of Custody Order, is only acting in her own interest and not that of Graciahna. Father believes and therefore avers that Mother's request that Father be required to pay her counsel fees should be denied, since Mother refuses to communicate with Father regarding Graciahna's best interests and her Petition is unnecessary. By way of further answer, Mother has told Father that her counsel is representing her at no cost. WHEREFORE, Plaintiff, Glen W. Elliott, respectfully requests this Honorable Court deny Defendant's Petition for Modification of Custody Order. Date: -I d I Respectfully submitted, SMIGEL, ANDERSON & ACKS By: Ann . Levin, Esquire ID 70259 es R. Demmel, Esquire ID 90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 James R. Demmel, Esquire ID #90918 4431 North Front Street, Yd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevingsaslip.com idemmel cr sasllp.com Attorneys for Plaintiff GLEN W. ELLIOTT, Plaintiff vi. MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 2008-0005 : CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Answer to Defendant's Petition for Modification of Custody Order on counsel for Defendant by placing same in the U.S. Mail, first class, postage paid on the day of sovt , 2009, addressed as follows: KRISTIN R. REINHOLD, ESQUIRE 5922 LINGLESTOWN ROAD HARRISBURG, PA 17112 SMIGEL, ANDERSON & SACKS, LLP es R. Demmel, Esquire I.D.#. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff By: nn V. Levin, Esquire I.D.#: 70259 Jam FILED-CWFICE OF THE Pi:40 4 PI)NOTARY 2009 SEP -8 PH 1: 17 .3 a 4 20% GLEN W. ELLIOTT, Plaintiff VS. MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 0005 IN CUSTODY ORDER n ° o G m ' r S' W rn c 0 A O AND NOW, this 0 day of February, 2010, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Custody Conciliar N v-r!0E ry- 2010 APR 26 pM 1: 40 CUM'S, ? );;°? GLEN W. ELLIOTT, Plaintiff V. MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 2008-0005 CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 James R. Demme], Esquire ID #90918 4431 North Front Street, and Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevinn sasllp.com idemmel(a)sasllp.com Attorneys for Plaintiff TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for Plaintiff, Glen W. Elliott, in the above-captioned action. 13 l0 Date: SMIGEL, ANDERSON & SACKS, LLP By: ? Ann V. evin, Esquire I.D.#: 70259 Jam . Demmel, Esquire I.D.#: 90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff l ti SMIGEL, ANDERSON & SACKS, LLP Am) V. Levin, Esquire ID #70259 James R. Demmel, Esquire 1D #90918 4431 North Front Street, 3rd Mr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin,_ sasllpcom Jdemmel/asasllp.com Attorneys for Plaintiff GLEN W. ELLIOTT, Plaintiff vi. MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLANIA NO. 2008-0005 CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Plaintiff Glen W. Elliott, as pro se in the above-captioned action. Date: YJ 1-'20/o 1? Dr. Glen W. Elliott, Plaintiff 450 Stonehedge Lane Mechanicsburg, PA 17055 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAUREEN E. ELLIOTT, ) Plaintiff ) c? V. ) No. 2008-0005 ?Fr GLEN W. ELLIOTT, ) Defendant ) c ` Petition for Modification 1. Petitioner is Defendant, GLEN W. ELLIOTT, who currently resides at 450 Stonehedge Lane, Mechanicsburg, Cumberland County, PA 17055. 2. Respondent is Plaintiff, MAUREEN E. ELLIOTT, who currently resides at 315 Antilles Court, Mechanicsburg, Cumberland County, PA 17050. 3. Petitioner and Respondent are the natural parents of the following child: Name Age GRACIAHNA L. ELLIOTT 3 years 4. A custody order was entered on April 7, 2009, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Petitioner seeks to modify the custody order because: a) Father has re-married, allowing Gracie to enjoy the love and support of a Step-Mother, as well as three sisters, in a warm, secure, and nurturing home. Gracie thrives in this environment. b) Mother has engaged in a course of conduct which is alienating and unsupportive of Father's role as a parent, including but not limited to, the following: 1. Mother makes unilateral decisions regarding Gracie's care (in contempt of the current Custody Order); 2. Mother refers to Father as "Glen" when speaking to Gracie; ?cL ?WP11 jz? -:z Y-R -q/ Petition for Modification Page 3 of 6 3. Mother undermines and disparages Gracie's family with Father; 4. Mother harasses Father during Gracie's exchanges, verbally abusing Father and refusing to exit her vehicle to accept Gracie; 5. Mother repeatedly makes baseless accusations about Father, including an accusation of "negligence" in an August of 2009 Petition for Modification of Custody Order; however, Mother has rescheduled hearing repeatedly and has now postponed the hearing indefinitely, leading one to question the validity of that and other-accusations in the Petition; 6. Most recently, on May 19, 2010, Mother proposed that Father "make an offer" regarding selling his time with Gracie in exchange for a reduction of Father's child support. C. Mother refuses to attend co-parenting counseling with Father. 6. Petitioner believes the custody order should be changed as follows: a. Reduce Mother's custodial periods with Gracie, thereby maximizing Gracie's time (including overnights) with Father and Gracie's family; b. Order Mother to attend co-parenting counseling with Father; C. Compel Mother to interact with Father in a respectful manner in order to eliminate the negative impact her behavior is having on Gracie. WHEREFORE, Petitioner respectfully requests that this Court modify the Order as requested. Date: ay Mlt2010 GLEN W. ELLIOTT, Defendant Petition for Modification Page 4 of 6 Verification I, GLEN W. ELLIOTT, Defendant, verify that the facts stated in the foregoing Petition 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. 14904 relating to unworn falsification to authorities. Date: 2 `1 fq ZD GLEN W. ELLIOTT, Defendant Petition for Modification Page 5 of 6 APR 0 3 2009 G, GI.I:N W. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff C'UMBI RI„AND COt1N"I'Y. PI:NNSYI.V/NIA vs. : CIVIL. ACTION - LAW MAUREEN E. ELLIOTT, NO. 2008 - 0005 Defendant IN CUSTODY COURT ORDER AND NOW, this _ day of April, 2009, upon consideration of the attached Custody Conciliation Report, this Court's prior Order of February 11. 2008, is vacated and replaced with the following Order: The father, Glen W. Elliott, and the mother, Maureen E. Elliott, shall enjoyed shared legal custody of Graciahna Louise I':lliott. horn :August '000. ii` \1 ?flt'1 ?11;!O ?mjll\ ('(1111,11' 1 1 "1 Al Ltl?hld? "I HIL' 1111114'f Lildd I he I ather shall en'o% liberal periods of temporary physical custod\ of tlhc rninor child as follows: A. On alternating weekends from Friday when the Father gets off work until Monday morning at approximately 8:00 a.m. In the event the Mother is working, Father shall deliver the minor child to daycare on Monday morning subject, however, to the understanding that if Father has some time off on Monday and Mother is working, Father may keep the child longer on Monday. B. On the Wednesday evening prior to Mother's weekend of custody, Father shall have custody from 5:30 p.m. when Father shall pick up the child until Thursday morning at 8:00 a.m. Again, if Mother is working, Father shall deliver the child to daycare subject, however, to the understanding that if Father has off work on Thursday morning, he may keep the child for a period of time while the Mother is at work, C. On each Tuesday from 5:30 p.m. until 8:00 p.m., with the Mother to provide transportation for exchange of custody at both delivery and pick up on 'fuesday evenings; U. On the other two Wednesdays during the month on a four-week schedule from 5:30 p.m. until 8:00 p.m., with transportation to be handled on the First Wednesday of this schedule with Father picking the minor child up at 5:30 and Mother getting the child at 8:00 p.m., and transportation on the second Wednesday under this schedule with Mother delivering the child at 5:30 p.m. and Father delivering the child back to Mother at 8:00 p.m; and E. At such other times as agreed upon by the parties. -t 1 he custody schedule as set torth in paragraph 3 above shall be subject to 1:1111: il,c ,'fll I ;ithcr i of"i 0\ork ;Ird .I\;Ill;.lhl,_ 1'tk: ire lix < 111d I ,lthrl :Iwll Iwllf? %lother «hcn he LIOS his %%ork ?chedulc w d in the ?,-,,2ni he lwcnd,? to take the opportunit\ to ha\ c additional custody durim! tile 5. In the event either parent has to go to work or is otherwise unable to care for the minor child during the time they have custody fora period of at least three hours, they must notify the other parent first to give them the opportunity to provide care for the child during those time frames. 6. Neither parent shall consume alcohol to such a degree as to become intox icated while they have custody of the minor child. 7. Each parent shall enjoy two weeks of vacation with the minor child which weeks shal I be non-consecutive. The parent shall give the other parent at least sixty (60) days notice as to when they plan to exercise the week of vacation subject, however, to the provision that the parent who gives notice first with respect to a particular week during the summer months shat I have that week reserved. 8. Holidays shall be handled as follows: A. The Christmas holiday shall be divided into two segments. Segment A shall be from Christmas Eve at 7:00 p.m. until Christmas Day at noon, and Segment B shall be from Christmas Day at noon until December 26 at noon. Mother shall have segment A in 2009 with Father having Segment B and the parties alternating thereafter, unless the parties agree otherwise between themselves. B. For the child's birthday, the parties shall work between themselves in an effort to reach some type of compromise to provide each parent meaningful time on the child's birthday. At a minimum, the non-custodial parent shall be afforded at least two (2) hours with the minor child on her birthday. ?:C' ?•,t ` .'ar I'.i1111i.1' tilal! nt' ll]'. Ilicll illil? '\ ?. .,n1t?.,'. _ ? t t :hall he trom Nc%? Y car', at 7:UU P.1111 until \c\.+ ) car', Dit\ at nv?m With Segment B being from New Year's Day at noon until lanuar,, 1 at noon. The parties shall alternate those segments with the Father having the first segment on New Year's Eve 2009 and the Mother having the second segment with the parties alternating thereafter. D. The holidays of Easter, Memorial Day, July 4, Labor Day and Thanksgiving shall be alternated with the time frame being from 8:00 a.m, until 8:00 p.m. Father shall have Easter 2009 with the parties alternating thereafter. However, it is noted that for Easter of 2009 Father's time shall start at noon and Ill Easici 201 G, ivlother's time shaii start at noon. BY THE COURT, cc: zrj /V. . 044-1 L. E ert, ,,lr., Judge James R. Demrnel, Esquire 1 r , Kristin R. Reinhold, Esquire ' Ta; ! ?nd -hit GLI-N W. I LLIOTT, Plaintiff vs. MAUREEN E. ELLIOTT, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PFNNSYI.VANIA CIVIL ACTION - LAW NO. 2008 - 0005 IN CUSTODY CONCILIATION CONFERENCE SUMMARY RE ORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 'fhe pertinent information pertaining to the child who is the subject of this litigation is as follows: Graciahna I musc FIliott. horn 1u12111st 79. 'O(!h t ,,ncriratrun (+ nicrcrc, c?as hcldon \pril i.N?ith thc 1611(ming iiidi\ IdUak in attendance l'he mother, Maureen E. Elliott, who appeared with her counsel, Kristin R. Reinhold, Esquire, and the father, Glen W. Elliott, with his counsel, James R. Demmel, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: April _ , 2009 _// ? Y) h Hubert X. Gilroy, squire Custody Concil• for I . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MAUREEN E. ELLIOTT, Plaintiff V. No. 2008-0005 z, ?? ? ? r • ;, GLEN W. ELLIOTT, n? ;71 j 1..' Defendant ) Certificate Of Service : I, GLEN W. ELLIOTT, Defendant in the above matter, hereby certify that on 2q m4Y 2©/Q , I mailed a true and correct copy of the Petition for Modification, by certified mail, return receipt requested, restricted delivery, and another copy of the same document by first class mail, postage prepaid, to: MAUREEN E. ELLIOTT 315 Antilles Court Mechanicsburg, PA 17050 I certify that (check ALL of the following which are true): Certified mail: [X] The peen and white sender's receipt is attached. (ATTACH receipt.) [ ] The i recipient's receipt is attached; MAUREEN E. ELLIOTT signed the certified mail receipt on (ATTACH receipt.) [ ] The certified mail was returned to me unsigned, with the notation that the certified mail was: [ ] refused [ )unclaimed [ ] other notation: [ ] Neither the certified mail envelope nor the certified mail receipt was returned to me. Regular mail: [ ] The regular mail has not been returned to me. [ ] The regular mail was returned to me, with the notation: IX,?4?12'117-010 Certificate of Service Page I of 3 I I verify that the information in the Certificate of Service is 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: ? 4 t4d-lY -Z010 IVA (Signature) GLEN W. ELLIOTT STAPLE OR TAPE THE CERTIFIED MAIL RECEIPTS BELOW: (Domestic M L, For delivery . a_ p `1 $0.61 ru Postage $ Ceffled Fee $2.19 16 0 Retum Recut Fee w.00 Postmark Here O (Endorsement Required) Restricted Delivery Fee ? ? C3 (Endorsement Requtred) . Q' rU Total Postage & Fees $ $3.41 95!24!2010 O 0 Sent To a /9au,Y?17 ?llt?tf o - ;„ ------------------------------ - -- ------------------------------- r- or POeoX?. 3 ?_S /9!?lfilles Cq.t .crq ....................... ................ ................. . ... ............. 10,4 Smir3.z?P«a y4 ?(?+pni ?f6k SV Certificate of Service Page 2 of 3 6 MAUREEN E. ELLIOTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5 CIVIL ACTION LAW GLEN W. ELLIOTT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 27, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 17, 2010 at 9:30 AM for a Pre-l-learing 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 entrv 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/ Hubert X. Gilroy, 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. N c? C,1 ? MO? l _ t Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 rU 5 • o?`Z' 10 /VCS` ?a ?? Telephone (717) 249-3166 __j Gil . =. ` ?. lr\ • 21.1 D CGS T -an cR-8 Q „? U r_ } f rt a ^C GLEN W. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. _ c-3 ~! CIVIL ACTION -LAW ~_ ~ ~ ~" y `.ta --f C -_ MAUREEN E. ELLIOTT, NO. 2008 - 0005 `;' ~ >- , Defendant IN CUSTODY = _ ~'`t - COURT ORDER =- ~; -, ~r -. AND NOW, this r J ~ day of ~ , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in ourt Room No. 2 of the Cumberland County Courthouse on the ~~ ra day of udC~MP.~.~ , 2010 at~~m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and opposing counsel/party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior order of April 7, 2009, shall remain in effect. 3. In the event mother is willing to pay the costs for an updated custody evaluation, father shall cooperate with the evaluation as dictated by Dr. Scheinvold's office. Mother retains the right to request the Court at a later date to allocate a portion of the costs of any updated evaluation on the father subject to the Court's determination. 4. In the event father schedules and pays for any co-parenting counseling or classes between father and the mother, mother shall cooperate in attending those classes conditioned upon father paying the costs of those classes. 5. It is specifically noted that the custodial parent shall insure that the minor child has reasonable telephone contact with the other parent when they are out of custody of the other parent. BY THE COURT, ~, ~~ M. L. Ebert, Jr., Judge cc: ~Mr. Glen W. Elliott /1GIs. Maureen E. Elliott glSf~~ ~ ~~ ~~~~ P ~~ MAUREEN E. ELLIOTT, Plaintiff vs. GLEN W. ELLIOTT, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2008 - 0005 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Graciahna Louise Elliott, born August 29, 2006 2. A Conciliation Conference was held on July 29, 2009, with the following individuals in attendance: The father, Glen W. Elliott, who appeared Pro Se having filed his own petition to modify the existing custody order. Also present was the mother, Maureen E. Elliott, she is represented by Attorney Kristin Reinhold, however, Attorney Reinhold advised the Custody Conciliator that she was not going to be attending the conciliation conference and suggested that the conference proceed without her. 3. There is an existing order from April of 2009 which provides that the parents have shared legal custody with mother having primary physical custody. Father has liberal periods of temporary custody including alternating weekends from Friday through Monday and some evenings during the week along with vacation and holidays. 4. Father now seeks c change in the custody order and is requesting 50/50 custody at this point. Father is also suggesting that there should be some co-parenting counseling involved between he and the mother. Mother is suggesting that there needs to be an updated custody evaluation as a result of a prior evaluation done by Dr. Scheinvold. Father is unwilling to contribute any funds to a custody evaluation at this time and father desires the matter to be set for a hearing. 5. The Conciliator recommends an Order in the form as attached. Date: August ~ , 2010 ~-. Hubert X. Custody C GLEN W. ELLIOTT, Plaintiff v. MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0005 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: ,_f --~ _~. r~~a 1,r ,~ ~~'" ~. r ; :'. , ~; ,- ~~:~~- Please withdraw my appeazance on behalf of the Defendant in the above- captioned matter. Date: ( i c~ PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appeazance pro-se in the above-captioned matter. ~, tip:: L..i ,,~ . ~-, ~..,~., ~. :i r- Date: /~- %- 2a/U Maureen E. lliott LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com Attorneys for Defendant GLEN W. ELLIOTT, Plaintiff V. MAUREEN E. ELLIOTT, Defendant F iL`_l i' F C r r '4 nn r-, ,... d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-0005 - CIVIL ACTION LAW : IN CUSTODY PRAECIPE FOR THE ENTRY OF APPEARANCE AS COUNSEL TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of Glen W. Elliott, Plaintiff, in the above captioned matter. Date: ?? ?1-1o L aw Off!"s f Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I . D. No. 72897 Elizabeth J. Saylor, Esquire I . D. No. 200139 ? t CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the foregoing Praecipe for the Entry of Appearance as Counsel upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Kristin R. Reinhold, Esquire Law Offices of Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Date: J I 1 :1 10 Aouy?Az? Amber L. Southard, Paralegal 2 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff GLEN W. ELLIOTT, Plaintiff V. MAUREEN E. ELLIOTT, Defendant OF THE pRo Nom f ARY 2010 DEC -2 PM 2: 35 CUMBERLAND CQUNFy PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 0005 CIVIL TERM IN CUSTODY STIPULATED CUSTODY AGREEMENT THIS STIPULATED CUSTODY AGREEMENT (hereinafter "Agreement") is hereby made and entered into this 3e day of N614CM t-, 2010, by and between Glen W. Elliott (hereinafter "Father") and Maureen E. Elliott (hereinafter "Mother") Witnesseth: Whereas, the parties hereto are the parents of Graciahna Louise Elliott, born August 29, 2006 (hereinafter the "Child"); Whereas, Father is represented by Elizabeth J. Saylor, Esquire of The Law Offices of Peter J. Russo, P.C.; Whereas, Mother is represented by Kristin R. Reinhold, Esquire of Silliker & Reinhold Law Offices; Whereas, the parties have had adequate time and opportunity to consult with legal counsel; W real, both parties acknowledge that they are satisfied with any legal GWE MEE 9f Page 1 of 7 advice received and they understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing promises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. Recitals. The foregoing recitals are incorporated and adopted herein by reference and form a material part of this Agreement. 2. Legal Custody. The parties shall share legal custody of the Child and all major decisions concerning the Child, including, but not limited to, all decisions regarding the Child's health, welfare, education and religious training and upbringing, shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and complete and full 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. Each party agrees not to impair the other party's rights to shared legal custody of the Child. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party GIVE hT Lug/" MEE )M£E Page 2 of 7 then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. 3. Physical Custody. The parties shall share physical custody of the Child as follows: Each parent shall be entitled to physical custody on alternating weekends from 7:00 a.m. on Friday until 7:00 a.m. on Monday. Mother's custodial time during the week shall begin at 7:00 a.m. on Monday and end at 7:00 a.m. on Tuesday and commence at 7:00 a.m. on Thursday and end at 7:00 a.m. on Friday. Father's custodial time through the week shall begin at 7:00 a.m. on Tuesday and end at 7:00 a.m. on Thursday. In the event that Mother is working on a Monday or a Thursday and Father is not working, Father, at his option, may retain custody of the Child and return the Child to daycare no later than 4:30 p.m. All 7:00 a.m. time periods set forth within this paragraph shall immediately become the start time of the Child's school day when the Child is enrolled into public school. 4. Custody Exchanges. Unless agreed mutually otherwise by the parties, all typical custody exchanges shall be at the Child's preschool/school. In the event that the preschooltschool is closed at the time of the exchanges, such as on holidays, the party gaining custody shall pick-up the Child at the other party's residence, unless mutually agreed otherwise. 5. Holiday Schedule. The parties acknowledge that a stipulation in regards to the holiday schedule has not been reached, and as a result both parties GWE MEE ?? Page 3 of 7 agree that they shall contact the Mediator/Arbitrator to promptly resolve this issue, as more specifically set forth in Paragraph 7 below. In the interim, the parties shall follow the holiday schedule set forth in Paragraph 8 of the April 7, 2009 Order. 6. Vacation. The parties acknowledge that a stipulation in regards to the vacation schedule has not been reached, and as a result both parties agree that they shall contact the Mediator/Arbitrator to promptly resolve this issue, as more specifically set forth in Paragraph 7 below. 7. Mediation/Arbitration. The parties shall engage Maryann Murphy, Esquire as a Mediator/Arbitrator, and if Maryann Murphy is unable to serve, then Melissa Greevy, Esquire, and if Melissa Greevy is unable to serve, then a mutually agreed upon Mediator/Arbitrator. Within seven (7) days of the Effective Date of this Agreement, both parties shall contact the Mediator/Arbitrator. The parties shall thereafter as expeditiously as possible, meet with the mediator as she directs to resolve the holiday schedule and vacation schedule. if any other issues of importance regarding the Child arise in the future, either party may contact the Mediator/Arbitrator, who shall resolve the issue(s) as she finds appropriate in her sole discretion. Upon either party contacting the Mediator/Arbitrator, the other party shall promptly cooperate in scheduling with the Mediator/Arbitrator and in participating in good faith in an attempt to resolve any and all outstanding issues regarding the Child. It is understood and agreed by the parties that if an agreement cannot be reached between the parties, the Mediator/Arbitrator shall have decision making GWE/?;Lf MEE Page 4 of 7 authority in regards to any and all issues brought to her attention by either party that the Mediator/Arbitrator finds appropriate in her sole discretion. The parties further acknowledge that all decisions made via the Mediation/Arbitration process shall be binding and it is the intent of both parties to be subject to contempt of Court as a consequence of non-compliance with a decision resulting from Mediation/Arbitration. 8. Schooling. Unless mutually agreed upon otherwise in writing, the Child shall attend Kindercare Learning Center located at 457 N. 21 st Street, Camp Hill, Pennsylvania, until the Child attains school age, and then the Child shall thereafter attend Cumberland Valley School District. 9. Disparaging Remarks. Each of the parties and any third party in the presence of the Child are directed to encourage the Child to love and respect the other party. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent, including, but not limited to making any derogatory remarks about the other party or the other party's family in the presence of the Child. The parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 10. Alcohol. Neither party shall consume alcohol to such a degree as to become intoxicated while they have custody of the Child. 11. Modification. The parties are free to modify/alter the terms of this GWE MEE YYr ?r S Page 5 of 7 Agreement but in order to do so 1) the parties must be in complete agreement to any new terms and any and all modifications to this Agreement shall only be by written agreement signed by both parties or 2) a decision must be reached via the Mediation/Arbitration process as set forth more specifically in Paragraph 7 above. In the event that one or the other does not consent to a change, that does not mean each follows his/her own idea as to what he/she thinks the arrangements should be. The reason this Agreement is set out in detail is so both parties have it to refer to and to govern each party's relationship with the Child and with each other in the event of a disagreement. 12. Effective Date. This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement, which shall be the date on which the last party affixes his/her signature below. NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: 19 en W. Elliott Date: / x-20 " ZO / D -41W , (?jb-,A17,111 Witness for Glen . Elliott Date: 11130 110 GWE M E E i??1Q.L/nom Maureen E. Elliott Date: / /- Z9- 2 alO -'Wdn ss or Maureen E. Elliott l Date: ?t U Page 6 of 7 COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF c?r-?O-QG? On this, the ' day of 1 ?nnlae.r , 2010, before me, a Notary Public, the undersigned officer, personally appeared Glen W. Elliott known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. QfJ4(y) My Commission Expires Notary Pu lic COMMON LTH OF 'ENNSYLVANIA Nt tbw sow Ashley R. M*ok% Notary Pubkc Hftpdon 1Wp., QM*WWW County CorhmblkNl Oct 12, 2011 Mfthi!r aen 1e eEleh Of Nettles COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF On this, the a2Y day of 2010, before me, a Notary Public, the undersigned officer, personally appeared Maureen E. Elliott known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal. My Commission Expires 4Notryublic M EALTN F ENNSYLVANIA 4,1 TARIAL SEAL Renee isbach, Notary PON Lower P Up. Dauphin Counly M Commn tres Nov. 30, 20110 GWE MEE A , Page 7 of 7 GLEN W. ELLIOTT, Plaintiff V. MAUREEN E. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0005 - CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 8% day of e..Lt. d' 9 2010, the terms of the attached Stipulated Custody Agreement dated November 30, 2010, is hereby made an Order of Court. BY THE COURT, vw-? ??y - - M. L. Ebert, Jr., Jud Distribution List: lizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff t Kristin R. Reinhold, Esquire Silliker & Reinhold Law Offices , -?? 5922 Linglestown Road =31 Harrisburg, PA 17112 r."? T,? Attorney for Defendant ?rn --? y; cry --? o - ' a n C'7 . O : C C7 rF1 -C ? -C ?rn JEC 0 3 2010, ?_ 4.