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HomeMy WebLinkAbout08-0554ANTONIO PALUMBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v.o tr - SS y NO..-A91- CIVIL TERM HEATHER L. RITTER, CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff Antonio Palumbo, by his attorneys, Snelbaker, & lBrenneman, P. C., and avers the following: 1. Plaintiff is Antonio Palumbo, an adult individual who resides at 4 North Stoner venue, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant is Heather L. Ritter, an adult individual who resides at 2 Woodmyre Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks a custody of the following minor child: NAME PRESENT RESIDENCE AGE Julian J. Palumbo 2 Woodmyre Lane Enola, PA 17025, and 4 North Stoner Avenue Shiremanstown, PA 17011 The child named above was born in wedlock. 4 (Date of Birth: May 11, 2003) The child named above is presently in the custody of Defendant Heather L. Ritter who resides at the residence identified in Paragraph 2, above. During the last five (5) years, the child subject to this custody action has resided with the following persons at the following addresses: LAW OFFICES SNELBAKER & BRENNEMAN,P.C. PERSONS ADDRESS DATES Plaintiff and Defendant 2 Woodmyre Lane 2002 to 2005 Enola, PA 17025 intiff and Plaintiffs wife, 4 North Stoner Avenue 2005 to present lly Palumbo Shiremanstown, PA 17011 fendant 2 Woodmyre Lane 2005 to present Enola, PA 17025 The mother of the child is Defendant Heather L. Ritter who currently resides at 2 Woodmyre Lane, Enola, Pennsylvania. Defendant is single. The father of the child is Plaintiff who currently resides at 4 North Stoner Avenue, Shiremanstown, Pennsylvania. Plaintiff is married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff y resides with the following persons: NAME Kelly Palumbo RELATIONSHIP Wife 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP N/A N/A 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the parties' child in this or any other court. Plaintiff has no information of a custody proceeding concerning the child pending LAw o 7 ' II in a court of this Commonwealth or any other state. SNELBAKER 8G BRENNEMAN, P.C. 2 4 Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to child. 7. The best interest and permanent welfare of the child will be served by granting Plaintiff shared equal physical custody and shared legal custody of the parties' son since Plaintiff has the ability and has demonstrated the ability to properly care for, nurture and Iraise his son. 8. 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. All other persons named below who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff Antonio Palumbo requests this Court to grant Plaintiff shared equal physical custody and shared legal custody of his son, Julian J. Palumbo. SNELBAKER & BRENNEMAN, P. C. By: I Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Antonio Palumbo Date: January 22, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 VERIFICATION I verify that the statements made in the foregoing Complaint 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 falsification to authorities. i onio Palumbo Date: LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -71 t? t t ANTONIO PALUMBO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER L. RITTER DEFENDANT 2008-0554 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 29, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, February. 25, 2008 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Man a g, f n r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 --Ao- / 54,-7,11r hoc) njv,. +? ?£ Wd 6? Nr 909Z AWIW? io O PALUMBO, Plaintiff V. THER L. RITTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0554 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT OF SERVICE TH OF PENNSYLVANIA) OF CUMBERLAND ) SS. Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Antonio Palumbo, the Plaintiff in the above-captioned action; that on January 30, 2008 he did send to Defendant Heather L. Ritter by certified mail, return receipt requested, restricted delivery a duly certified copy of the Order of Court scheduling a custody conciliation in the above matter as evidenced by the cover letter of the same date and Receipt For Certified Mail No. 7004 1350 0004 1256 3203; that both the Order and cover letter were duly received by Defendant Heather L. Ritter as evidenced by the Return Receipt card for said certified mail dated February 5, 2008; a copy of the aforementioned cover letter dated January 30, 2008 is attached hereto and incorporated by reference herein as "Exhibit A"; that the original Receipt For Certified Mail the Domestic Return Receipt are attached hereto and incorporated by reference herein as LAW OFFICES SNELBAKER & BRENNEMAN, P.C. v 1"Exhibit B"; and that the facts stated above are true and correct to the best of his knowledge, and belief. Keith O. Brenneman JSworn to and subscribed before me this 7'h day of January, 2008. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Matraa, Notary Public Medianicsburg Boro, Cumberland County My Commission Expires Nov. 24, 2011 Member, Pennsylvania Association of Notaries LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -2- SNELBAKER & BRENNEMAN, P.C. A PROFESSIONAL COP POP-AT] ON ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717.6978528 P. O. BOX 318 FACSIMILE (717) 697.7681 Heather L. Ritter 2 Woodmyre Lane Enola, PA 17025 January 30, 2008 Re: Palumbo v. Ritter No. 2008-554, Cumberland County Dear Ms. Ritter: Enclosed please find a certified copy of an Order of Court scheduling a conference before the custody conciliator to take place on Monday, February 25, 2008 at 11:00 a.m. on the 4th floor of the Cumberland County Courthouse in Carlisle. Yours truly, Keith 0. Brenneman KOB/sm Enclosure CC: Antonio Palumbo (w/enclosure) By certified mail, return receipt requested, restricted delivery, Parcel No. 7004 1350 0004 1256 3203 EXHIBIT A m 0 i CERTIFIED MAIL,r, REC EIPT ti M (Domestic On ly,- No Insurance C overage Provided) to delivery ru t P $ S age os 4 certified Fee a ? C3 k / P t C3 Retum Redept Fee i d 02 mar l., os Here re ) (Endorsement Requ ' Ln m Restricted t>elNa Y Fee (Endorsement Required) 6 j y ?. Toted Postage BFees $ I n&S:) I1sdN S C3 r*nt Heather L. Ritter NW-AWCVd ---•---•--•-------•--••-- 2--Woodmyre Lane --•------------------•----------- o BooxNo. ------- --------------- ----- - ----- ------------------------------------------- ii'ZlAt nola, PA 17025 ----- PS Form 3800, JUno. 200 2 See Reverse for Instruct ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. B. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. 1. Article Addressed to: Heather L. Ritter 2 Woodmyre Lanes Enola, PA 17025 ? Agent ? Add? (PrlntgA. 1., _ I G. 1? ? Yes O No 3. Service lype\?V- ? yjP Certified Mail ? 15p ose Mail O Registered ? Return Receipt for Merchwx iee ? Insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Y45 Yes LAW OFFICES SNELBAKER 8G BRENNEMAN, P.C. 2. Article Number 7004 1350 0004 1256 3203 (liwWw from servks /abed PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M-1540 ; EXHIBIT B - - i fTi co r?z G4 • C+J ANTONIO PALUMBO, Plaintiff V. HEATHER L. RITTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-0554 IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Heather L. Ritter, in the above captioned action. SAIDIS, FLOWER & LINDSAY SAMIS RR& FLOWE LINDSAY 1,. 1 V 26 West High Street Carlisle, PA Dated: February 22, 2008 Carol J. LinLa,' y, q uire Supreme C ID o.44693 26 West Hi eet Carlisle, PA 17013 717-243-6222 CERTIFICATE OF SERVICE On this 22nd day of February, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman P.O. Box 318 44 West Main Street Mechanicsburg, PA 17055-0318 SAIDIS, FLOWER & LINDSAY Carol J. Linds squire Supreme Cou No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 FLOWER &. LINDSAY 26 West High Street Carlisle, PA ?-s w 3 fT? rf ..??( w ' ter FEQ $ 8 2?6 ANTONIO PALUMBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0554 CIVIL ACTION LAW HEATHER L. RITTER, IN CUSTODY Defendant ORDER OF COURT AND NOW this 22 day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Antonio Palumbo, and the Mother, Heather Ritter, shall have shared legal custody of Julian J. Palumbo, born 5/11/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. In week one, Father shall have physical custody of Julian from Thursday 4:00 pm until Monday morning. Father shall pick up Julian at day care on Thursday and drop him off at day care Monday morning. It is understood that once Julian begins school, these times may be altered by mutual agreement. b. In week two, Father shall have physical custody of Julian from Wednesday 4:00 pm until Friday morning. Father shall pick up Julian at day care on Wednesday and drop him off at day care Friday morning. It is understood that once Julian begins school, these times may be altered by mutual agreement. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care and significant others) for the Child a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non- custodial parent. It is understood that the custodial parent shall not bring the Child to their place of employment while that parent is working. 4. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Lesley Ihnit with Psychological Associates. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non-working parent shall have physical custody of the Child for that time period the parent is working. It is agreed that Mother shall have physical custody of Julian on Christmas Eve from 4 pm until 6 pm for religious services. 7. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Yistribution: ?Carol Lindsay, Esquire ?Keith Brenneman, Esquire ?John J. Mangan, Esquire l:o ?ES m.? t l? >- [z' *_0 cW) c? to ! © N U HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 S Half From 8 am until 3 m Father Mother Easter Da 2° Half From 3 m until 8 m Mother Father Memorial Da From 8 am until 8 m Mother Father Independence Da From 8 am until 8 m Father Mother Labor Da From 8 am until 8 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Mother Father Thanksgiving 1 S Half From 8 am Thanksgiving Day to 3 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 3 pm on Thanksgiving Day to 8 m Thanksgiving Da Mother Father Christmas is Half From 6 pm on 12/24 to 3 pm on 12/25 Mother Father Christmas 2" Half From 3 pm on 12/25 to 3 pm on 12/26 Father Mother New Year's 1 S Half From 6 pm 12/31 until 3 pm January 1St (with the 12/31 year to control the even/odd determination) Mother Father New Year's 2° Half From 3 m 1/1 until 8 m 1/1 Father Mother Mother's Da From 8 am until 8 m Mother Mother Father's Da From 8 am until 8 m Father Father ANTONIO PALUMBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0554 CIVIL ACTION LAW HEATHER L. RITTER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custody of Julian J. Palumbo 5/11/2003 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 25, 2008 with the following individuals in attendance: The Mother, Heather Ritter, with her counsel, Carol Lindsay, Esq. The Father, Antonio Palumbo, with his counsel, Keith Brenneman, Esq. 3. The parties agreed to the entry of an Order in the form as attached. z Date John gan, Esq ' e Cu dy onciliato 0 PALUMBO, Plaintiff V. HEATHER L. RITTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0554 CIVIL ACTION LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER Plaintiff Antonio Palumbo, by his attorneys, Snelbaker & Brenneman, P. C., submits this to modify the parties' March 2, 2008 custody Order as follows: 1. An Order of Court dated March 2, 2008 was issued in this matter establishing the rights of the parties hereto with respect to their minor son, Julian J. Palumbo, born May 111, 2003. A true and correct copy of the March 2, 2008 Order is attached hereto and by reference herein as "Exhibit A". 2. The Order dated March 2, 2008 should be modified for the following reasons, among a. The current custody Order, together with modifications thereof occasionally agreed to by the parties, does not provide for a consistent schedule of custody for both Father and Mother; b. The current custody Order does not provide for shared and equal periods of custody for Father and Mother; and c. The current custody Order provides for a schedule that is disruptive to the routine of the parties' son at an age where he enjoys and should have consistency in his schedule without disruption and constant custody exchanges between his parents. 3. For the reasons set forth above, Petition requests this Court to modify the March 2, LAW OFFICE EE & 2008 custody Order to provide for shared physical custody on an alternating weekly basis. SNELBAKS BRENNEMAN, P.C. 4. Consent to the relief requested in this Petition was sought from Respondent through Respondent's attorney and although Respondent agrees to alternating custody with Petitioner having six days of custody followed by Respondent having eight days of custody, Respondent (does not consent to the relief requested in this Petition. 5. This matter has been assigned to the Honorable J. Wesley Oler, Jr. who issued the custody Order of March 2, 2008. SNELBAKER & BRENNEMAN, P. C. k-L, BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: April 3, 2009 Attorneys for Antonio Palumbo -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. FEB $ 8 2008 ,,Kr P ANTONIO PALUMBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0554 CIVIL ACTION LAW HEATHER L. RITTER, IN CUSTODY Defendant ORDER OF COURT AND NOW thisa_lay of March, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Antonio Palumbo, and the Mother, Heather Ritter, shall have shared legal custody of Julian J. Palumbo, born 5/11/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. In week one, Father shall have physical custody of Julian from Thursday 4:00 pm until Monday morning. Father shall pick up Julian at day care on Thursday and drop him off at day care Monday morning. It is understood that once Julian begins school, these times may be altered by mutual agreement. b. In week two, Father shall have physical custody of Julian from Wednesday 4:00 pm until Friday morning. Father shall pick up Julian at day care on Wednesday and drop him off at day care Friday morning. It is understood that once Julian begins school, these times may be altered by mutual agreement. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care and significant others) for the Child a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non- custodial parent. It is understood that the custodial parent shall not bring the Child to their place of employment while that parent is working. 4. Counseling: The parties are directed to engage in family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Lesley Ihnit with Psychological Associates. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. EXHIBIT A 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non-working parent shall have physical custody of the Child for that time period the parent is working. It is agreed that Mother shall have physical custody of Julian on Christmas Eve from 4 pm until 6 pm for religious services. 7. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: Carol Lindsay, Esquire Keith Brenneman, Esquire John J. Mangan, Esquire jj? w' V4 tha saw at Said court l?" t?? HOLIDAYS AND SPECIAL DAYS 1IMS EVEN YEARS ODD YEARS Easter Da 1 Half From 8 am until 3 m Father Mother Easter Da 2° Half From 3 m until 8 m Mother Father Memorial Da From 8 am until 8 m Mother Father Independence Da From 8 am until 8 m Father Mother Labor Da From 8 am until 8 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Mother Father Thanksgiving 1 Half From 8 am Thanksgiving Day to 3 m on Thanksgiving Da Father Mother Thanksgiving 25 half From 3 pm on Thanksgiving Day to 8 m Thanksgiving Da Mother Father Christmas 1 Half From 6 pm on 12/24 to 3 pm on 12/25 Mother Father Christmas 2° Half From 3 pm on 12/25 to 3 pm on 12/26 Father Mother New Year's 1 S Half From 6 pm 12/31 until 3 pm January 1" (with the 12/31 year to control the even/odd determination Mother Father New Year's 2° Half From 3 m 1/1 until 8 m 1/1 Father Mother Mother's Da From 8 am until 8 m Mother Mother Father's Da From 8 am until 8 m Father Father ANTONIO PALUMBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0554 CIVIL ACTION LAW HEATHER L. RITTER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custody of Julian J. Palumbo 5/11/2003 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 25, 2008 with the following individuals in attendance: The Mother, Heather Ritter, with her counsel, Carol Lindsay, Esq. The Father, Antonio Palumbo, with his counsel, Keith Brenneman, Esq. 3. The parties agreed to the entry of an Order in the form as attached. /:z !R11 r--? Date John Y. gan, Esq ' e Custody onciliato VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I lunderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ,JAI? (`,_,_ Y?_,nn? Ant i Palumbo IDate: 1 131 09 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Petition to be served upon the person and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: By: April 7, 2009 Carol J. Lindsay, Esquire Saidis, Flower & Lindsay, P. C. 26 West High Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Antonio Palumbo LAW OFFICES SNELBAKER & BRENNEMAN, P.C. FILED-D-+'CE OF THEE PROTF'"NOTARY 2009 APR -7 PM 12: 00 4-0 33 7 ANTONIO PALUMBO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-554 CIVIL ACTION LAW HEATHER L. RITTER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, April 13, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th'Floor, Cumberland County Courthouse, Carlisle on Thursday, May 21, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: ls/ ohn . Man an r. 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 ?? kl,??l? ARY ,- OF THE 2000 APR 1 5 AM 9: 2 4 1 t All egg+ 6TY et** Luc 40 K. COPY ` . e J..' bit 400, MAY 2 6 2009 ANTONIO PALUMBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0554 CIVIL ACTION LAW HEATHER L. RITTER, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this 2 Y7 day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the __S/,aJ7 day of U 009 at U amain Courtroom number 1 in the Cumberland County Court of mmon Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Antonio Palumbo, and the Mother, Heather Ritter, shall have shared legal custody of Julian J. Palumbo, born 5/11/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. In week one, Father shall have physical custody of Julian from Thursday 4:00 pm until Monday morning. Father shall pick up Julian at day care on Thursday and drop him off at day care Monday morning. It is understood that once Julian begins school, these times may be altered by mutual agreement. b. In week two, Father shall have physical custody of Julian from Wednesday 4:00 pm until Friday morning. Father shall pick up Julian at day care on Wednesday and drop him off at day care Friday morning. It is understood that once Julian begins school, these times may be altered by mutual agreement. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 5. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care and significant others) for the Child a period of time in excess of four hours, the custodial party shall first offer said opportunity to the non- custodial parent. It is understood that the custodial parent shall not bring the Child to their place of employment while that parent is working. 6. Counseling: The parties are directed to continue in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Dr. Karen Williams with Diakon Lutheran Services. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. If either parent is working during one of the scheduled holidays, the non-working parent shall have physical custody of the Child for that time period the parent is working. It is agreed that Mother shall have physical custody of Julian on Christmas Eve from 4 pm until 6 pm for religious services. 9. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 12. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. In the event that the parties agree that a conciliation conference would be beneficial to the instant matter before the scheduled Court hearing, either party may directly contact the assigned conciliator to schedule a conference. 15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: mdsay, Esquire crenneman, Esquire L J. Mangan, Esquire b By the Court, HOLIDAYS AND SPECIAL DAYS S EVEN YEARS ODD YEARS Easter Da l "Half From 8 am until 3 m Father Mother Easter Da 2° Half From 3 m until 8 m Mother Father Memorial Da From 8 am until 8 m Mother Father Independence Da From 8 am until 8 m Father Mother Labor Da From 8 am until 8 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Mother Father Thanksgiving is Half From 8 am Thanksgiving Day to 3 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 3 pm on Thanksgiving Day to 8 m Thanksgiving Da Mother Father Christmas 1 s Half From 6 pm on 12/24 to 3 pm on 12/25 Mother Father Christmas 2° Half From 3 pm on 12/25 to 3 pm on 12/26 Father Mother New Year's is half From 6 pm 12/31 until 3 pm 01/01 (with the 12/31 year to control the even/odd determination) Mother Father New Year's 2n half From 3 m 01/01 until 8 m 01/01 Father Mother Mother's Da From 8 am until 8 m Mother Mother Father's Da From 8 am until 8 m Father Father ti i... :4 _.?' 1 Eh;"`- try ,,rt,. Y -,-?-t ANTONIO PALUMBO, Plaintiff V. HEATHER L. RITTER, Defendant Prior Judge: J. Wesley Oler, Jr., J. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-0554 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I . The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Julian J. Palumbo 5/11/2003 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 25, 2008, an Order issued March 2, 2008 and a conciliation conference was held May 21, 2009 with the following individuals in attendance: The Mother, Heather Ritter, with her counsel, Carol Lindsay, Esq. The Father, Antonio Palumbo, with his counsel, Keith Brenneman, Esq. 3. Mother's position on custody is as follows: Mother requests that the status quo remain in place until the scheduled Court hearing. Mother is not willing to move to a truly shared 50150 situation with Julian. Mother maintains that Father already has six out of fourteen over nights with Julian. Mother maintains that she has been the primary care-giver for Julian. Mother had indicated that she would consider "blocking the overnights" with Father; i.e. Father has six straight overnights with Julian followed by eight straight overnights with her. However, after negotiations did not come to fruition of agreement, Mother has retracted said compromise. Both Mother and Father have agreed in regard to Julian attending school in the fall at Good Sheppard Catholic School, Julian attending a summer camp and also agreed to continue with co-parenting counseling at Diakon with Dr. Karen Williams. Mother would not agree to a shared custodial arrangement for the summer. There does not appear to be any over-riding concerns about either Mother or Father's care of Julian and both appear to have Julian's best interest at heart. 4. Father's position on custody is as follows: Father desires a shared custodial arrangement with Julian. Father indicates that he wants a week on/ week off schedule. Father indicates that the current schedule is too disruptive with the "back and forth" exchanges. Father is adamant that he will not agree to anything less than a shared custodial arrangement. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half r day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: Jo J. angan, Esquire C od Conciliator ANTONIO PALUMBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER L. RITTER, Defendant NO. 08-0554 CIVIL TERM. ORDER OF COURT AND NOW, this 31S` day of August, 2009, upon consideration of the attached letter from Carol J. Lindsay, Esq., the hearing previously scheduled for August 31, 2009, is cancelled. BY THE COURT, n 7esley Ol , Jr., eith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorney for Plaintiff ,A-rol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant rc J FIL E'D OF THE r'' } ?a"'` ? ?Y 2009 AUG 1 F pp7f 1 vir ANTONIO PALUMBO, Plaintiff V. HEATHER L. RITTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-0554 IN CUSTODY STIPULATION OF THE PARTIES This Stipulation is made this day of , 2009. The parties hereto stipulate as follows: 1. They are the parents of a son, Julian J. Palumbo, born May 11, 2003. 2. Custody of Julian is determined by a Court Order of May 27, 20019, a copy of which is attached hereto as Exhibit "A". The Court Order resolves all issues ?of custody between the parties with the exception of the basic custody schedule. 3. The parties desire to settle all outstanding matters between them. 4. The terms of the Order of May 27, 2009 shall remain in full force and effect except for the following changes: a. In paragraph 4, physical custody of Julian shall be shared,on a week on, week off basis with the exchange occurring at 8:00 AM on Monday mornings when the custodial parent shall deliver the child to school or daycare or to the receiving custodial parent as appropriate. The pattern of alternating weeks of custody shall commence on August 31, 2009 with Plaintiff, Antonio Palumbo, hereinafter "Father", receiving custody. b. Paragraph 9 of the Court's Order of May 27, 2009 shall have no force and effect. In its place, the parties agree that each will take the child on vacations on his or her regularly scheduled alternating week of custody without using any of the time of the other parent without mutual agreement. C. The holiday scheduled contained in the Order of May 27, 2009 shall be amended so that the child shall be returned to the receiving parent at 8:00 AM on the date following the holidays of Easter, Memorial Day, Independence Day; Labor Day, Thanksgiving Day (second half), New Year's Day (second half), Mother's Day and Father's Day. d. The Christmas holiday schedule shall be amended so that in even years Father shall have custody of Julian on December 23 at 3 p.m. until; December 24 at 3 p.m. and from December 25 at 3 p.m. until December 26 at 3 p.m. Mother will have custody on December 24 at 3 p.m. until December 25 at 3 p.m. In odd years, the same schedule will be in effect except that Mother will have the times commencing December 23 and 25 and Father shall have the times commencing December 24. The last sentence of Paragraph 8 of the May 27, X009 Order, concerning Mother having custody every Christmas Eve from 4:00 p.m. to 6:00 p.m. for religious services, is deleted. 5. Julian may attend Good Shepherd School, the cost of which will be paid by Plaintiff Antonio Palumbo, hereinafter "Father". 6. Each of the parties will provide their own clothing for Julian, including uniforms, and shall pay Julian's expenses while in the custody of that parent. Neither party will seek child support from the other. Mother will cause the Support Order currently in place to terminate effective August 31, 2009. Each party will pay the cost of daycare during his or her week of custody. 7. The terms of this Stipulation shall be made an Order of Court. Witness: 14 //,&? CERTIFICATE OF SERVICE On this / iK , day of September, 2009, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman P.O. Box 318 44 West Main Street Mechanicsburg, PA 17055-0318 SAIDIS, FLOWER & LINDSAY Carol J. Lindsa , qul e ` Supreme Court ID 44693 26 West High Street Carlisle, PA 17013 717-243-6222 FWVVERR & LIlVDSAY AMEMM-M 26 West High Street Carlisle, PA _ FILED t ? r t t. E1` ` ^R 2609 SEE 24 PH I : vu r SEP 2 5 2009y I I i, I ?? , SAIDIS, FLO LENDS ATTORNEYS ATUw 26 West High Street Carlisle, PA ANTONIO PALUMBO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2008-0554 HEATHER L. RITTER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this -O? day of S(' 10 f - , 2009, upon consideration of the within Stipulation of the Parties, the terms thereof are hereby made an Order of Court. e-lz ? r0? BY THE COURT, OF n?i?onwtt 119 SEP 30 Phi V 32 111?17om