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HomeMy WebLinkAbout08-2741THERESA MESSANO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. OS - d'14? Civil Term ANTHONY MESSANO, Defendant IN DIVORCE NOTICE TO DEFEND 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 by the Court. A judgment may also 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAMIS, FLONVERR & LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsra,O-L ir e Attorney Id. 9 26 West Hi eet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 11 THERESA MESSANO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. or- z7y/ Cc<.?.1 Tt.-- ANTHONY MESSANO, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Theresa Messano, an adult individual, residing at 60 Old Gap Road, Carlisle, PA 17013. 2. The Defendant is Anthony Messano, an adult individual, residing at 760 Winding Road, Carlisle, PA 17013. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 7, 2002 in SAMIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA Chambersburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS-FLOWER "INDSAY Carol J. Liod squire Attorney d. 4 93 26 Wes ?AA11'770 treet Carlisle, 13 (717) 243-6222 Counsel for Plaintiff F -OWERR ? LINDSAY MISMUMN 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Theresa Messano Date: i M_O $ SAIDIS, FLOWER & UNDS" 26 West High Street Carlisle, PA jG Q 4A- R •(]0 00 Ch V GO ° h T7 l W ; l e fi .. { rM1?.Gb a! r } THERESA MESSANO, Plaintiff V. ANTHONY MESSANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2741 IN DIVORCE PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Divorce Complaint originally filed in the above captioned case on April 29, 2008. Respectfully submitted, SAMI FLOWER'& LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & JINDSAY Carol J Lindscly, qui Attorney Id. 4693 26 West Hig et Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff I 1?r ti 4 V e- ra W 00- -N THERESA MESSANO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-2741 ANTHONY MESSANO, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Equire, being duly sworn according to law, hereby deposes and says that on June 7, 2008, 1 served a true and correct copy of the Divorce Complaint upon Anthony Messano, Defendant, by mailing those documents to the his address at 760 Winding Road, Biglerville, PA 17307, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Anthony Messano. Respectfully submitted, FLOWER & LWDS" 26 West High Street Carlisle, PA SAIDIS, Dated: June 17, 2008 Carol J. Lind y, squire Attorney Id 446 26 West Hi treet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAY r i l SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA WOM 4 9 F11 dtitsbd y b j I d. 6 tMnt ym m o wW oddam an to mmm a iota we m rd" ft "d ID yMf L 0 1" A iNb awd to to b&dt Of Vw nI KPI F , *AM *0 *om If was pranMft 1. Alva* to n ?/ ?2essc?. n o ?`? r7,cLmC? ?OL 3 f'- f?I w ?3 6? C. ow d l tAlf A., ., 14 T? 0 va M. )R"D a a Rybhnd o FAkm a brwrd time o c.= 4. a%w6ftdO ntf•IMr 7006 0150 0001 6187 614 Mwe wNr? a hooiwd by( NM.~cdor ?? ?? ? . r' ".? ` ? ? ? t??? ? ?V i_?I"?'• ?? "? THERESA MESSANO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-2741 ANTHONY MESSANO, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 29, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 9-11- 00 Theresa Messano PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO RE EST ENTRY OF A DIVORCE DECREE UNDERG 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SA 11S, FI-OMIM & LINDSAY 26 West High Street Carlisle, PA 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 19 a -"'? S,?Ao Theresa Messano SEP 15 2008 Tr ?, THERESA MESSANO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-2741 ANTHONY MESSANO, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 29, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relatin orn 'fica ' to authorities. Date: 69 Anthony DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 W OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAWIS, I NDSAY 26 West High Street Carlisle, PA 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I t false statements herein are ma e subject to the penalties of 18 Pa.C.S. 4 4 relating to unsworn n to authorities. Date: ?? ' 0 OCT 0 9 2008 g Z4 THERESA MESSANO, Plaintiff V. ANTHONY MESSANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2741 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on June 7, 2008, via certified mail. Proof of service was filed with the Court on June 17, 2008. 3. Date Affidavit of Consent required under Section 33011(c) of the Divorce Code was signed: By Plaintiff: September 11, 2008 and filed with the Prothonotary on September 15, 2008. By Defendant: October 9, 2008 and filed with the Prothonotary on October 13, 2008. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: September 11, 2008 and filed with the Prothonotary on September 15, 2008. By Defendant: October 9, 2008 and filed with the Prothonotary on October 13, 2008. SAIDIS, FLOWER & SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay, s Yd -- Supreme Court 4p W. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff na ` f- c-? rn cry tv ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF A914. PENNA. THERESA MESSANO VERSUS ANTHONY MESSANO No. 08-2741 DECREE IN DIVORCE AND NOW, 094. 2_3 ZOOS, IT IS ORDERED AND THERESA MESSANO DECREED THAT , PLAINTIFF, AND ANTHONY MESSANO , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; N/A. BY THE CO PROTHONOTARY ?? ?? y ?S ? ? ?? ?? ?, ?, ,?? THERESA MESSANO, IN THE COURT OF COMMONCRLE,AS Plaintiff CUMBERLAND COUNTY, PEISNSIr?/AN1? V. CIVIL ACTION - LAW NO. 08-2741 ANTHONY MESSANO f , Defendant IN DIVORCE' i N) 1 4 COMPLAINT FOR CUSTODY 1. The Plaintiff is Theresa Messano, an adult individual, residing at 80 Sunset Drive, Carlisle, Cumberland County, Pennsylvania, with the child, Ian Anthony Messano. 2. The Defendant is Anthony Messano, an adult individual, residing at 760 Winding Road, Biglerville, Adams County, Pennsylvania, with John Barringer. 3. Plaintiff seeks custody of the following child: Ian Anthony Messano, born March 10, 2005 The child was not born out of wedlock. During the past five years, the child has resided with the following persons and at FLOWER & LIl- OSAY 26 West High Street Carlisle, PA the following addresses: Name Address Plaintiff and Defendant 760 Winding Hill Road, Biglerville, PA Plaintiff, maternal 60 Old Gap Road, Carlisle, PA grandparents and Leah Nichole Kneller Plaintiff and Lea 80 Sunset Drive, Carlisle, PA Nichole Kneller Defendant, Carrie 760 Winding Hill Road, Biglerville, PA Steinour and John Barringer Defendant and John 760 Winding Hill Road, Biglerville, PA Barringer *15-so c0470W 0.11b 3o Dates Birth until June 2007 June 2007 to January 11, 2010 June 2010 to Present June 2007 to Summer 2009 Summer 2009 to Present Po ArW The mother of the child is Theresa Messano, currently residing at 80 Sunset Drive, Carlisle, Cumberland County, Pennsylvania. She is divorced. The father of the child is Anthony Messano, currently residing at 760 Winding Hill Road, Biglerville, Adams County, Pennsylvania. He is divorced. 4. The relationship of Plaintiff to the child is that of Mother. 5. The relationship of Defendant to the child is that of Father. 6. 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 or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Since September 2007, the parties have equally shared custody of Ian. b. Ian is preparing to enter Kindergarten and Plaintiff looks forward to his attending Bellaire Elementary School where his sister attended. C. Defendant refuses to consent and wishes to home school the child. FLOWER & LINDSAY 26 West High Street Carlisle, PA d. Plaintiff believes there are multiple good reasons why home schooling is not in Ian's best interest and that the child's best interest is served by residing primarily with Plaintiff. 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. WHEREFORE, Plaintiff requests the Court to grant shared legal and primary physical custody of the child to Plaintiff and to require the child to attend public school in Carlisle, Pennsylvania. SAIDJS, FLOWER4-J- MSAY Carol J. Linds Y, squire ID No. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff FLOWER ? LIlVDSAY 26 West High Street Carlisle, PA :? VERIFICATION I verify that the statements made in the f understand that false statements herein are §4904, relating to unsworn falsifications to authoi Date: t SAIDIS, FLOWER & LINDSAY AT URNEYS-AT uw 26 West High Street Carlisle, PA THERESA MESSANO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2741 CIVIL ACTION LAW ANTHONY MESSANO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, April 19, 2010 , 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, May 24, 2010 at 9:00 AM _.?__ ._...__._.._..... _.... _ ...... __ . for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ John . Man an r- Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply, with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association C1 0 ' CAS 32 South Bedford Street -,? ?- -v -Itj PrN brZ&a,? Carlisle, Pennsylvania 17013 Telephone (717) 249-3166_ © C! 44-,'2-0-lo ` RSJt sin !?, ,Z5 - 0 ?,? ?4aoe8 n Man aa ns tz. FIDE' rr j'AV 7f-r r Z010 E'1 2: 45 THERESA MESSANO l.4VIN THE COURT OF COMMON PLEAS Plaintiff t?U CUMBERLAND COUNTY, PENNSYLVANIA r?r•'1 R ..,r r. C CI v ?. I L1 . V. ANTHONY MESSANO, Defendant CIVIL ACTION - LAW NO. 08-2741 IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Equire, being duly sworn according to law, hereby deposes and says that on April 23, 2010, 1 served a true and correct copy of the Court's Order of April 19, 2010 and the Complaint for Custody upon Anthony Messano, Defendant, by mailing those documents to the his address at 760 Winding Road, Biglerville, PA 17307, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Anthony Messano. Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY ATrowma-UP 26 West High Street Carlisle, PA Carol J. Lindsay, Attorney Id. 44 26 West High Stree Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Dated: May 3, 2010 ¦ Complete barns 1, 2, and 3. Also complete Rom 4 If Resbldad Delivery is desired. ¦ Print you nanreandeddress on the reverse, so that we can retum the card to you. ¦ Attach thin card to the heck of the mdfpieoe, or on the front If space pemtfts. 1. ArUde Addressedfo: Pafh N E55a O o (? nCJ? m ?l o Q `7 (k o 1e??; ale, ?J 1-7 3 0--7 9 ? AQeM Addteeeee B. C. Date of Wvwy D. eddli?'dMbtwtt, NNeamm 11 ? Yes «1a1pW1my bel)w: 0 No 3. SqVbs IWA Cwgbd ww O Bilimm Mel O Rigid, ed O Rd= RoMptforMwchmdln 0 Irnt•ed Mel 0 C.O.D. 4. RUM"ad D WAW OMM ISAW 0 Ym 2' Article Numbw 7010 0290 0000 6471 8016 (Aetarbr stain a•rtda• yt,•0 P!1 Ferrer 9 11, FW wty M4 Dpi 1Mum pt , 0- -0 (Domestic Only: No Insurance Coverage Provided) OFFICIAL to For delivery information visit our websile at WWWAISPS.COM USE r-d ? Postage $ , Certified Fee C3 Postmark 0 Return Receipt Fee Here O (Endorsement Required) O Restricted DelWery Fee T1 0 (Endorsement Required) l//J I 1 M Total Postage & Fees t O SAMIS, FLOWER & LINDSAY ATIOAN -MAT, 26 West High Street Carlisle, PA Sent To L n 13 street, APt. 330.: /i or PO Box No. -(A-D- C :_.. t! c^.'c' dty, State. 4 -7- o A THERESA MESSANO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-2741 0 o c ANTHONY MESSANO - -n Defendant : IN CUSTODY yr' y PRACEIPE TO ENTER AND WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Defendant. Date: S -,2?? ?010 BY: A A . , Andrew H Shaw, Esquire PA Sup. Ct. ID# 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Enter Appearance, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Date: f` ,Z?1_z0 /0 JUL U . [UIU X A THERESA MESSANO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-2741 CIVIL ACTION LAW ANTHONY MESSANO, IN CUSTODY Defendant ORDER OF COURT AND NOW this 11 ?ol day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursuan t to a Custody Conciliation Conference. A Custody Hearing is hereby sc eduled on the (e 7L- day of 2010 at q,'UO am/me-in Courtroom number in the Cumberland County Court oft Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother 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. 2. Legal Custody: The Father, Anthony Messano, and the Mother, Theresa Messano, shall have shared legal custody of Ian A. Messano, born 03/10/2005. 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. 3. Physical Custody: Mother and Father shall share physical custody as the parties may agree. In the absence of agreement, the parties shall arrange custody on a two week repeating cycle as follows: a. In week one, Father has custody from Sunday 5:00 pm until Wednesday 5:00 pm, Mother has custody from Wednesday 5:00 pm until Friday 5:00 pm and then Father has custody Friday 5:00 pm until Sunday 5:00 pm. b. In week two, Mother has custody from Sunday 5:00 pm until Wednesday 5:00 pm, Father has custody from Wednesday 5:00 pm until Friday 5:00 pm and then Mother has custody Friday 5:00 pm until Sunday 5:00 pm. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 6. Vacation: The parents shall schedule vacation periods as mutually agreed upon. 7. 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. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. 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, J. Distribution: Esquire Carol Lindsay C-) © J n , ? Andrew Shaw, Esquire r ? -,-? Fn -=- John J. Mangan, Esquire ? ,3 T C6pie:5 ya,l+ed 7/14/0 - : `- . ?-F a THERESA MESSANO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2741 CIVIL ACTION LAW ANTHONY MESSANO, 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 Ian Anthony Messano 03/10/2005 Father and Mother 2. A Conciliation Conference was held with regard to this matter on May 24, 2010 with the following individuals in attendance: The Mother, Theresa Messano, with her counsel, Carol Lindsay, Esq. The Father, Anthony Messano, with his counsel, Andrew Shaw, Esq. 3. Father's position on physical custody is as follows: The dispute between the parents is a school issue. Ian shall begin school in the fall. Father indicates that he would like to home-school the child (by an accredited cyber school). Father teaches art and music in Gettysburg and Hagerstown. Father relays that he teaches children from pre-school age ten year olds. Father indicates that he has a very good relationship with the Child and Father's life revolves around the Child. Other than the school issue, Father indicates that he and Mother have been amicable in regard to the physical custody and most all other issues. 4. Mother's position on custody is as follows: Mother's disagreement is also in regard to the school issue. Mother lives in Carlisle and wants Ian to attend public school at Bellaire Elementary. Mother is opposed to home schooling Ian and feels that the Child needs to socialize with his peers. Mother has concerns that Father simply can not "let go" of Ian. 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 at most one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Date Jo J angan, Esquire Custod Conciliator JUL U [u?J ,A THERESA MESSANO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-2741 CIVIL ACTION LAW ANTHONY MESSANO, IN CUSTODY Defendant ORDER OF COURT AND NOW this 1d) day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursuan t to a Custody Conciliation Conference. A Custody Hearing is hereby sc eduled on the (! day of 2010 at TV0 am/po-in Courtroom number in the Cumberland County Court Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother 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. X 2. Legal Custody: The Father, Anthony Messano, and the Mother, Theresa Messano, shall have shared legal custody of Ian A. Messano, born 03/10/2005. 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. 3. Physical Custody: Mother and Father shall share physical custody as the parties may agree. In the absence of agreement, the parties shall arrange custody on a two week repeating cycle as follows: a. In week one, Father has custody from Sunday 5:00 pm until Wednesday 5:00 pm, Mother has custody from Wednesday 5:00 pm until Friday 5:00 pm and then Father has custody Friday 5:00 pm until Sunday 5:00 pm. b. In week two, Mother has custody from Sunday 5:00 pm until Wednesday 5:00 pm, Father has custody from Wednesday 5:00 pm until Friday 5:00 pm and then Mother has custody Friday 5:00 pm until Sunday 5:00 pm. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. K 6. Vacation: The parents shall schedule vacation periods as mutually agreed upon. 7. 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. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. 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, J. Distribution: 4"Carol Lindsay Esquire , Andrew Shaw, Esquire - ?-- -, John J. Mangan, Esquire T7 _,- m .. po ?. &pies rna;l?d 7I?a/id ? 7 : ,?Y- _ THERESA MESSANO, Plaintiff V. ANTHONY MESSANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2741 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: 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 o Ian Anthony Messano 03/10/2005 Father and Mother 2. A Conciliation Conference was held with regard to this matter on May 24, 2010 with the following individuals in attendance: The Mother, Theresa Messano, with her counsel, Carol Lindsay, Esq. The Father, Anthony Messano, with his counsel, Andrew Shaw, Esq. 3. Father's position on physical custody is as follows: The dispute between the parents is a school issue. Ian shall begin school in the fall. Father indicates that he would like to home-school the child (by an accredited cyber school). Father teaches art and music in Gettysburg and Hagerstown. Father relays that he teaches children from pre-school age ten year olds. Father indicates that he has a very good relationship with the Child and Father's life revolves around the Child. Other than the school issue, Father indicates that he and Mother have been amicable in regard to the physical custody and most all other issues. 4. Mother's position on custody is as follows: Mother's disagreement is also in regard to the school issue. Mother lives in Carlisle and wants Ian to attend public school at Bellaire Elementary. Mother is opposed to home schooling Ian and feels that the Child needs to socialize with his peers. Mother has concerns that Father simply can not "let go" of Ian. 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 at most one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. ??a o Date Jo J angan, Esquire Custod Conciliator THERESA MESSANO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA r_7 ,., Vr : C 7 } ANTHONY MESSANO, DEFENDANT NO. 08-2741 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 13th day of August, 2010, after hearing and consideration of the Pre-Hearing Memorandums filed by the parties, IT IS HEREBY ORDERED AND DIRECTED: 1. LEGAL CUSTODY: The Mother, Theresa Messano, and the Father, Anthony Messano, shall enjoy shared legal custody of Ian A. Messano, born March 10, 2005. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to either parent. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her'as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. SCHOOL DISTRICT: For the 2010 - 2011 school year, the child shall attend the Carlisle Area School District. 3. PHYSICAL CUSTODY: A. School Year: (1) MOTHER: Mother shall have primary physical' custody of the children during this school year beginning at 6:00 p.m. on the Friday proceeding the start date for the school year. (In 2010, this is August 27). (2) FATHER: Father shall have partial physical custody of the child every other weekend from the first Friday after school begins at 6:00 p.m. until Sunday at 6:00 p.m. (In 2010, this first Friday is September 3). When Monday is a school holiday, Father's period of custody will extend until 6:00 p.m. Monday evening. Additionally, Father shall have one evening during the school week as agreed to by the parties from after school until 8:00 p.m. Father shall pick up the child at'school and return the child to the Mother's home. B. Summer School Recess: (1) FATHER: Father shall have primary physical custody of the child during the summer school recess beginning the first Friday after the school year ends at 6:00 p.m. (In 2011, this first Friday is June 11). (2) MOTHER: Mother shall have partial physical custody of the child every other weekend beginning the next Friday at 6:00 p.m. (In 2011, this Friday 2 is June 17). Additionally, Mother will be given 2 continuous weeks of vacation. Mother will provide notice of her requested vacation dates to Father on or before May 13, 2011. Mother will resume physical custody for the school year at 6:00 p.m. the Friday before the beginning of the 2011 - 2012 school year. C. Holidays: Holidays with the children shall be alternated between the parents pursuant to the following holiday schedule, or as mutually agreed: HOLIDAYS AND SPECIAL TIMES ODD EVEN DAYS YEARS YEARS New Year's Eve/Day From 9:00 a.m. New Year's Eve until 6:00 p.m. Mother Father New Year's Day Easter From 6:00 p.m. the evening before the holiday Mother Father until 6:00 p.m. the day of the holiday Mother's Day From 6:00 p.m. the evening before the holiday Mother Mother until 6:00 p.m. day of the holiday Memorial Day From 6:00 p.m. the evening before the holiday Father Mother until 6:00 p.m. the day of the holiday Father's Day From 6:00 p.m. the evening before the holiday Father Father until 6:00 p.m. the day of the holiday Independence Day From 6:00 p.m. the evening before the holiday Mother Father until 6:00 p.m. the day of the holiday Labor Day From 6:00 p.m. the evening before the holiday Father Mother until 6:00 p.m. the day of the holiday Thanksgiving From 6:00 p.m. the evening before Thanksgiving Mother Father Day until 6:00 p.m. the Friday after Thanksgiving 3 Christmas 1S half From 9:00 a.m. on 12/23 until 2:00 p.m. 12/25 Father Mother Christmas 2" half From 2:00 p.m. on 12/25 until 7:00 p.m. on 12/27 Mother Father 4. EXCHANGE LOCATION: Unless otherwise agreed to by the parties, the weekend and holiday custody exchanges shall continue to take place at the location they have currently agreed upon. 5. TELEPHONE CONTACT: Telephone contact between the children and the non-custodial parent shall be reasonable and liberal as agreed upon by the parties. 6. NONAILENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the children. Additionally, it is specifically directed that the parents are not to embroil the children in the acrimonious relationship between the parents. The parents are not to involve or influence the children in regard to negative inferences/statements against the other parent. 7. MODIFICATION: The parties may modify the provisions of this,.. Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, )W\ -t W ? M. L. Ebert, Jr., 0 J. 4 Carol Lindsay, Esquire Attorney for Plaintiff ? Andrew Shaw, Esquire Attorney for Defendant bas C,Op; es ma: loo( f1131A pZx-c- 5