HomeMy WebLinkAbout04-0982SHAWN D · BRANDT,
Plaintiff
vs.
SCOTT P. MCCOY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
COMPLAINT/PETITION FOR CUSTODY ORDER
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. Plaintiff is Shawn D. Brandt, an adult individual who
currently resides at 65 West Big Spring Avenue, Apartment 4,
Newville, Cumberland County, Pennsylvania, 17241.
2. Defendant is Scott P. McCoy, an adult individual who
currently resides at 926 Forest Court, Carlisle, Cumberland
County, Pennsylvania, 17013.
3. Plaintiff seeks the entry of a custody order involving
the minor child, Sydney C. McCoy, D.O.B. June 7, 2000.
4. The parties previously resided together and are the
natural parents of the minor child, Sydney C. McCoy, D.O.B. June
7, 2000.
5. During the past three (3) years, the child has resided
with Plaintiff and Defendant at various addresses in Cumberland
County, Pennsylvania, and the minor child has primarily lived with
the Plaintiff since July of 2003.
6. The natural mother of the child is Plaintiff who resides
with a daughter, Cheyenne N. Reed, age 13, and Sydney C. McCoy,
the child which is the subject of this custody action.
7. The natural father of the child is Defendant who resides
at his parents' residence and no other minor children.
8. No present custody order exists and Plaintiff has no
knowledge of any other litigation concerning custody of the
child in this or another court and Plaintiff has no information of
a custody proceeding concerning the child pending in a court of
this Commonwealth.
9. 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.
10. Plaintiff and Defendant have been unable to reach any
agreement concerning custody of the minor children.
11. On or about March 2, 2004, Defendant took the minor
child and left the Commonwealth of Pennsylvania for an overnight
trip without advising Plaintiff of his whereabouts or the
whereabouts of the minor child.
12. As a result of Defendant's actions, Plaintiff was unable
to communicate with the child to determine whether the child was
safe and with proper supervision and care.
13. An Order of Court is necessary to develop a routine
period of custody along with holiday schedules and terms which
address other important dates and transportation schedules for
custodial purposes.
14. The best interests and permanent welfare of the child
will be served by ordering that both parties share legal custody
of the child and directing that Plaintiff shall have primary
physical custody of the child and that Defendant shall have
periods of partial physical, supervised, custody activities for
the following reasons:
(A) Plaintiff is a fit parent who can take care of the child
and who can provide her with a supportive, safe and healthy
environment;
(B) Defendant's conduct and behavior is not in the best
interest of the children in that:
(i) Defendant has failed to keep Plaintiff apprised of the
location of the minor child and has purposefully failed to provide
important information to Plaintiff so as to create fear in
Plaintiff as to the safety and well-being of the minor child; and
(ii) Defendant's use of alcohol has concerned Plaintiff in the
past and Plaintiff requests that Defendant submit to counselling
for the purpose of determining the existence of any alcohol
dependency, and/or that an Order of Court be entered directing that
neither party consume excessive amounts of alcohol while in the
presence of the minor child, or operate any motor vehicles after
drinking alcohol in the presence of the minor child; and
(iii) Defendant has demonstrated an inability to provide for
regular and routine custody contact with the minor child to the
minor child's detriment; and
(iv) Defendant is unable to reside by himself without the
assistance of his parents or other persons.
15. Plaintiff is capable of insuring a supportive and loving
environment for the child, a home with appropriate lodging and insuring
that the child is properly cared for, including making arrangements for
day care, when necessary.
WHEREFORE, Shawn D. Brandt, Plaintiff herein, respectfully requests
that your Honorable Court enter a Custody Order which grants Plaintiff
and Defendant joint legal custody, and which grants Plaintiff primary
physical custody with periods of partial physical custody to Defendant,
together with an Order requiring Defendant to undergo drug and alcohol
counselling so as to determine whether Defendant is a danger to the
child.
Date: March ~ , 2004
Respectfully submitted,
Andrew C. Sheely, Esquire
Attorney for Plaintiff
Pa. I.D. No. 62469
127 S. Market Street,
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
VERIFICATION
I verify that the statements made in this Complaint for Custody are
true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.So Section 4904 relating to unsworn
falsification to authorities.
Date: March~~, 2004
Shawn D. Brandt
SHAWN D. BRANDT :
PLAINTIFF :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-982 CIVIL ACTION LAW
SCOTT P. MCCOY
DEFENDANT
: IN CUSTODY
ORDER OFCOURT
AND NOW, Wednesday, March 10, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear beibre Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 06, 2004 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be l~resent at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THECOURT.
By: /si Damn S. Sunday. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business befbre 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 ItELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
$COXT P' McCO~ ..
De£etx~a~t
ClW'IL ~c~O~ - CusTOD~
TO TI4rm pKOTi4OI'4oTA'KX OF s~D COldB'T:
?lease enter my appearance on beha~£ o~i the Det~enaant, Scott ?' McCoy,
in the above-captioned matter.
Respect~Y submitte6,
A~oM & Kt~s' LLP
36 S. Hanover Street
Carlisle, PA y/013
(717) 249-0900
ID No. 86914
CERTIFICATE OF SERVICe.
AND NOW, this 10th day of Match 2004, I, Kara W. Haggerty, of
ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct
copy of the foregoing Praecipe of Entry of Appearance by depositing, or
causing to be deposited, same in the United States Mail, First-class mail,
postage prepaid addressed to the following:
Andrew C. Sheeley, Esquire
127 S. Market Street
Mechanicsbutg, PA 17055
Respectfully submitted,
ABOM & KUTU~$, LLp
Carlisle, PA 17013
(717) 249-0900
ID No. 86914
83/16/2684 81:52 7172493344
03/0B/2804 i8138 7ZTGB7708§
ABDM KUTULAKIS
AO~H~Ly
PAGE 83
BMA~ND.
~lainti~f
SCOTT p. MC00T
Defendant
IN TR~ COURT 0~ COMMON PLEA8 OF
CUMR~RLai~D COUNTX, ~ENNSYLvANiA
O~V~L ~TION - CUSTODY
04 - 0982
T~S AGP~EEMENT AND STIP~TION ~ntered into this
of March, 2004, by and ~t~en Sha~ D. Brandt, Plaintiff,
(here~after referred to a~ "Mother,.} a~d Scott p. MOCk, D~fen-
d~t, (hereinafter refer~e~ to as
W~, the parties are the natural parents of S~ney C.
McCoy, D.O.~. JuDe 7, ~000, (h~re~after referred to as the
"ohil~,,); ~d
day
WHiP, AS, Mother is the natural mother of the aforenamed child
and Father is the natural father of the aforenamed child;
W~E~A$, the parties live in ~eparate residences; and
and Stipulation relative tO CUStody and partial custody of the
child pending a foci conulltatton conference; and
NOW, ~F0~, in consideration of the ~eual covenants,
promises and agree~nts as Bere~af=mr set forth, the
agree as foll~
(1) MOther and Father shall ~av~ ~hared legal CUstody of t~e
03/10/2004 01:52 7172493344 ABON KUTULAKIS
83/09/2004 ~B:30 717~9770~§ AC~HEEhY
PAGE 04
PAGE ~4
child, meaning that both parents shall hsv~ an equal right, to
be exercised Jointly with the O~her parent, to make all major non-
emergency decisions affecting the child's well being i~oluding,
but not lim/ted to all decisions regarding her health, education
and religion. PUrsuant to the ternm of this Agreement, each
parent Shall be entitled to all records and infoA~ation pertaining
to the child inol=ding, but not 1/mited to, school a~d medical
records and information, as available, To the extent one parent
hms possession or control of Such records, that parent shall be
required to share the same or copies thereof with the other
within such reasonable t/me as to make the records and info~mation
of reasonable use to the other parent, ff the child requires a
major medical procedure or medical a~ointment for m siguifioant
illness, the Mother shall notify the Father fourteen (14) days in
~dvanue, or as soon as the Father himself receives notice.
(2) Father and Mother agree tha~ Mother shaI! hav~ ~rimary
physlcal custody of the child /n accordauce with the ~er~ of this
temporary Agreement.
(3) Mothe~ and Father agree that Father Shall harm periods
of partial physical ~ustody on the Zollowing basis:
(a) On every other weekend, commencing on Friday at 3:00
p.m. and continuing through Sunday afternoon at
· '' ' ekend schedule co~ncing
03/10/2004 01:52 7172493344 ABOM KUTULAKIS
0310~/~0~4 10:3~ 717697786~
PAGE 05
~A~E B5
(D) Every ~l~esday, ~ednesday a~d Thursday, commencing at
3:00 p.~, and ending at 8:~0 p,m.; and
(c) Any other times a~ the parties may agree; an~
(d) Father shall provide transports%ion for of
the child at the commencement of his period as
outlined above from a location designated by mother and
Mother Shall pick-up the child at Father's residence at
the termination time of
outlined above; and
(e) The parties will keep each ether immediately advised
to any emergencies eoncer~ing %he child and shall fur-
ther take any necessary step~ to insure that the health
and w~ll being o2 the child is always protected. The
parties Shall provide each other with all home and work
telephone numbers,
reemdence of the child. Both part,es further a r
(f} Neither parent shall do ani~th~ng which
the child from the otb ........ may estrange
the child as to the ot~rm~-~yl or zn~r? the Opinion of
m=~=y, or which may hamper ~he
fre~ aRd natural development o~ the child's
affection for the other party; and love or
(g) Mother and Father agree that each shall communicate
to each other through one-another whenever possible in
accordance with the ~erms se~ forth in this Temporary
Agreement and that they shall not use child as a liaison
to communicate with each ot~er as to oral modifications
of this temporary Agreement ~nd Stipulation; and
(h) ~endipg a subsequen~ Conciliation co
modificat~o~ or waiv~ ~ .... . ~ ~fe~en~e, a~v
temporary ........ ,~ uz ~ns provisions of t~is
Agreement shall be effective only if made in
writing amd only if executed with the sa~e formality as
this Agreement and Stipulation; and
03110/2004 01:52
7172493344 ABDM KUTULAKIS
~&]SH~ELV
7176977~65 ~ t
PAGE 06
PA6E 06
illegal substances during any ~e~iod of custody co,tact
and neither party shall use or consume excessive
of alooho! i~ediateiy 9riot to or during any period of
custody with the ohild. ~urther, both 9~i~ shall
ensure that, duTing his or her perio~ o~ custody, that
the ohild is not exposed ~o third partie~ who ~ay
sing,.selling or Possessing illegal drugs or consuming
xcesslve alcohol.
IN WITNesS W~R~OF, the Dainties have ~ereunto se~ their hands
and seals the day and year fir~% above written.
WITNess:
Shawn D. ~ran-~%-- .....
4
SHAWN D · BRANDT,
Plaintiff
vs.
SCOTT P. MCCOY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - CUSTODY
: 04 0982
ORDER OF COURT
AND NOW, this ~ day of /9~-~A
2004, the attached Temporary Stipulation and Agreement is hereby
incorporated as an interim Custody Order of Court pending a con-
ciliation conference.
/ndrew C. Sheely, Esquire
Attorney for Plaintiff
~/{ara W. Haggerty, Esquire
Attorney for Defendant
BY THE COURT,
/
S JA D.
Plaintiff
VS.
SCOTT p. MCCOY
Defendant
Prior Judge: Kevin A. Hess
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
04-982 CIVIL ACTION LAW
IN CUSTODy'
cons~de tt
a ~,4 ...... 2004, upon
~d and d~rected as fo/lows.
1. The Prior Order of this Court dated March 24, 2004 is
vacated and rep/aced with this order.
2. The Mother, Shawn D. Brandt, and the Father,
jointly with the other parent, to m P shall
well being including, but not li,,,;,~e.~-1 ,m. aJ. or.non_emergenc de ' h.a, e an ._equ. al right, to be exerci
...... ~, to, at~ decisions re · y c~s~ons affecting the Chil ' sed
garding her health ,~a ..... . d s genera/
Pursuant to the terms of this Paragraph each Parent shall be entitled to all records and information
, ~uucauon aha religion
pertaining to the Child including, but not limited to, school and medical records and information.
3. The parties shall have physical
schedule: custody of the child in accordm~ce with the following
A. The Mother shall have custody of the Child every week: on Monday and Tuesday and
during alternating weekends from Friday through Sunday.
B. The Father shall have custody of the Child every week on Wednesday and Thursday
and on alternating weekends fi.om Friday through Sunday.
C. The specific times for exchanges of custody shall be arranged by
parties based upon ongoing work schedules, agreement of the
D. The alternating weekend schedule shall begin with the Mother having custody
Child on Friday, April 9, 2004.of the
4. The part/es shall share having custody of the Child on holidays as follows:
· even numbered years, the Mother shall have
from Christmas Eve at 12:00 noon through custody of the Child
shall have custody on Christmas Christr~as Day at 9:00 am and the Father
Day from 9:00 arn through 6:00 pm.
years, the Mother shall have custody of the Child on Chr/stmas Eve /n odd numbered
until 9:00 pm and the Father shall have custody from Christmas from 12:00 noon
Christmas Day at 3:00 pm.
Eve at 9:00 pm through
B. ~: In even numbered years, the Father shall have
custody of the Child on Easter and Thanksgiving and the Mother shall have custody on
Labor Day. In odd numbered years, the Mother shall have custody of the Child on
Easter and Thanksgiving and the Father shall have custody on Labor Day.
"memorial Day and the Father sh~lYl ~'21~,_M,°.ther_shrill .h?ve custody of the
*~,.,toay on July 4
ofthe Child on-/~'h~;h~,~loi,l,'tE~_Rf,S, D_Ay. In eve e
E. The holiday custody schedule shall supercede and r s Day.
custody schedule, take precedence over the regular
F. The specific times for exchanges
agreement between the parties, of custody on holidays shall be arranged by
6. Each party shall be entitled to have tmmterrupted Periods of custody with the Child for
vacation each year as arranged by agreement between the parties.
· Ne!ther party shall possess or use any illegal substance during Periods of custody with the
Cinld and neither party shall consume excessive amoun..ts of alcohol ~mmedmtely prior to or during any
period of custody· Both parties shall ensure during Periods of custody that the Child is not exposed to
th/rd parties who may be using, selling or possessing illegal drugs or consuming excessive alcohol.
8. Neither party shall do or say anything which may estrange , .
injure the opinion of the Child as to the other parent, the
Child's love and respect for the other Parent. Child from the other Parent,
or hamper the free and natural development of the
with the Child comply with this provision· Both parties shall ensure that th/rd parties having contact
9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
cc: ~Andrew C. Sheely, Esquire - Counsel for Mother
e/Kara W. Haggerty, Esquire - Counsel for Father
SHAWN D. BRANDT,
Plaintiff
VS.
SCOTT p. MCCOY
Defendant
Prior Judge: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBEPdLAND COUNTY, PENNSYLVANIA
04-982
CIVIL ACTION LAW
IN CUSTODY
~USTODY CONCILIATION SUMMARy REPOR,
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is thc subject of this litigation is as
follows:
~NAME
Sydney C. McCoy
DATE OF BIRTH
June 7, 2000
_CURRENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held on April 6, 2004, with the following individuals in
attendance: The Mother, Shawn D. Brandt, with her counsel, Andrew C. Sheely, Esquire, and the
Father, Scott P. McCoy, with his counsel, Kara W. Haggerty, Esqtn[re.
3. The parties agreed to entry of an Order in the form as attached.
Date
Dawn S. Sunday, Esquire
Custody Conciliator
LAW OFFICES OF PETER J. RUSSO, P.C.
PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Counsel for Petitioner
CHRISTOPHER L. PLITT,
Plaintiff
ANNA J. PLITT
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 987
CIVIL ACTION - LAW
CUSTODY
JUDGE EDWARD E. GUIDO
PETITION FOR F~MI~.RGF. NCV g~FJ JEF
AND NOW, comes the Plaintiff, CHRISTOPHER L. PLITT, by and through Law Offices
of Peter J. Russo, P.C., and respectfully submits the following in support of PlaintilTs Petition for
Emergency Relief:
1. The Petitioner is CHRISTOPHER L. PLITT, who is the Plaintiff in the above
captioned matter.
matter.
The Respondent is ANNA J. PLITT, who is the Defendant in the above-captioned
3. On or about April 27, 2004 pursuant to an agreement reached at a custody
conciliation conference, an Order of Court was entered setting out the custody arrangement of the
parties. A copy of the Order is attached hereto as Exhibit A.
4. On or about June 28, 2004, the Honorable Court entered an Order of Court vacating
the April 27, 2004 Order and entering the new agreement of the parties. A copy of the Order is
attached hereto as Exhibit B.
5. The day after the conciliation conference held on June 15, 2004, Respondent
notified Petition of her intent to have custody of the minor child for vacation from August 6 until
August 14.
6. On or about July 2, 2004, Petitioner through cotmsel sent written notice of his intent
to exercise custody of the minor child for his vacation time from July 22 until August 2, 2004. A
copy of the notice is attached hereto as Exhibit C.
7. On or about July 9, 2004, Cotmsel for Petitioner sent a follow-up letter to
Respondent's counsel asking for his client's response to Petitioner's request for vacation time.
Petitioner's counsel also telephoned Respondent's counsel's office regarding the same issue and the
telephone call was never returned. The A true and correct copy of the letter is attached hereto as
Exhibit D.
8. On or about July 21, 2004, Counsel for Petitioner sent a third letter to Respondent's
counsel indicating that there has not been any response from Respondent or her counsel indicating
what her position was on his request. A tree and correct and copy of the letter is attached hereto as
Exhibit E.
9. On or about July 22, 2004, Petitioner and Respondent had a phone conversation in
which Respondent denied knowing of the vacation request and refusing to give Petitioner custody.
10. About a half-hour later, Respondent called Petitioner back and stated that she just
found out about the vacation request verbally from her attorney but had not received it in writing
yet, and stated that she would give him the vacation provided the vacation commenced on Saturday
rather than Thursday.
11. When Petitioner refused to delay his vacation time, the conversation deteriorated
into an argument and Respondent again refused to allow Petitioner :to have custody of his son.
12. On the afternoon of July 22, 2004, Petitioner called Respondent to talk about getting
his son for his vacation, and Respondent stated that he could have his child on Sunday, July 25.
13. When Petitioner refused to agree to the new conditions, she stated that he could
forget about having the child for vacation.
14. Respondent's actions are unreasonable in light of the amount of time in which
notice was given.
15. Respondent failed to object to the written request provided via counsel for vacation
time until the last minute and now is attempting to control and alter the time to the disadvantage of
Petitioner.
16. Petitioner asserts that his request was timely and reasonable in its terms and
provided Respondent sufficient opportunity to respond or object to his request.
17. Petitioner respectfully requests the Honorable Court to intercede on his behalf and
enter an Emergency Order granting him custody of the subject minor child for vacation.
18. A copy of this Petition for Emergency Relief and the relief requested has been sent
to Respondent's Counsel by facsimile and regular mail.
19. Petitioner verbally advised the Respondent that l~te had requested counsel to file the
instant petition on his behalf.
20. Counsel for Petitioner telephoned Respondent's counsel's office to advise them of
Petitioner's intent to file this petition.
21. Counsel for Petitioner responded to Respondent's counsel's last letter also stating
Petitioner's intent to file this petition. A copy of the notice is attached hereto as Exhibit F.
22. Counsel for Petitioner is confident that Respondent is has notice of the Emergency
Petition and the relief desired.
WHEREFORE, Petitioner requests this Honorable Court to enter an emergency order
granting him custody of his child immediately for the purposes: of vacation and lasting until August
3, 2004 at the beginning of the school day.
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
By: Peter J. Russo
Attorney for Petitioner
CHRISTOPHER L. PLITT,
Plaintiff
ANNA J. PLITT
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 987
CIVIL ACTION - LAW
CUSTODY
JUDGE EDWARD GUIDO
VERIFICATION
I, Christopher L. Plitt, hereby swear and affirm that the facts in the forgoing Petition for
Emergency Relief are true and correct to the best of my knowledge, information, and belief and are
made subject to the penalties of 18 Pa.C.S. §4904 relati~o unswom falsification to authorities.
Christ~(pher L. Piitt
CHRISTOPHER L, PLITT
Plaintiff
vs. : 04-987
.'
:
ANNA $. PLI 1"1 :
D~f~ndant : IN CUSTODY
IN TI~ COIIRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
t is day et ,2004, .po.
consideration oftha attacheat Custody Conciliation Report, it is ordered end direci~d as fpllows:
1. The Fath~, Chfstopher L. Plitt, and the Mother, Anna J. Pli~ shall have shared kgal
custody of Zaehaxy L. PUtt, bom December 1~-, 1994. Each parent :~hall have an equal right, to be
exexcised jointly with the other parent, to make all major non--em~rgency decisions affecting the
Child's general well-being inchidi~g, but not limt~l to, all decisions reganting his health, education
and religion. Purauant to the tea-rna of this paragraph, each parent Shall be entitled to all r~cords and
information pertaining to the Child including, but not limited to, mhool and n:miical records and
information.
2. Pending the Father's move from.the paternal grandmothear's residence and the additional
oneflmtlon confcrcr~e scheduled m th/s Order or fu~er agreem~lt of the part/es, the p~Wdes shall
have physical custody of the Child in accordance with the folhiw/ng schedule:
A. During alt,~mating weeks, the Father ~ lmve custody of the Child from Tuesday
after achool / daycare through Wedne~iay before ~chool / daycare and from Friday a_tier
school / da)care through Sund~y at 10:00 am.
B. During the interim weeks, thc Father shall have custody of thc Child from Tucsday
after school / daycare through Thursday before school / daycare and fi~m Friday after
school/daycar~ through Saturday at 5:00 pm.
C. The Mother shall have custody of the Child at aU times pot otherwise specifi~l for
the Father in this provision.
D. The custody schedule shall begin with thc Father having custody of thc Child from
Friday, April ] 6, 2004 through Sunday April 1 ~, 20(}4 at 10:00 am.
EXHIBIT A
3. In 2004, thc Mother shall have custody of the Child on B~other's Day and the Father shall
have custody on Father's Day from the ev~in~ before the holiday at 5:00 pm through the following
Monday morning before daycarc.
4. In She event either party intends to ~ske the ~d out oflbo C~onwed~ of P~ylv~a
more t~ 100 mil~ ~m ~ p~'s r~id~c~ ~t p~t ~ali pro~do advice no~ to the
o~ p~t of ~e ~ ~ ~]~bone ~b~ whe~ ~e ~d ~ ~ ~tact~.
5. Thc parties ami their counsel shall attend an additional custody conciliation conference hi the
oilicc of the conciliator, Dawn S. Sunday, on Tuesday, ,lun¢ 15, 2004 at 10:30 am lo review thc
custody arrangements.
6. This Order is entered pursuant to an agreement of thc p~'rties al a Custody Conciliation
Confer~-uce. The pa~ties may modify the provisions of this Order by mutual consent. In th~ absence of
mutual consent, the t~,,,s of this Ordar shall control.
cc: Peter ~I. l~usso, Esquire - Counsel for Father
CHRISTOPHER, L. PL1T~
Phfintiff
vs. : 04-987
:
:
ANNA .T. PLITT :
Defendant : IN CUSTODY
IN ~ COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNS YLV ANIA
CIVIL ACTION LAW
CUSTODY CONCILIATION SUMMA~LY' REPORT
IN ACCORDANCE WLi'ti CUMBERLAND COUNTY RULE O1~ CIVIl,
PROCE]DURE 1915.3-8, the undersigned Cnstody Concil/ator submits the follow/n~ report:
1. The pertinent information ~ the Child who is the subject of this litigation is as
follows:
NAME
CUI~RENTLY IN CUST_ODY OF
Zachary L. Plitt
Decea'ub~r 14, 1994
Mother / Father
2. A Conciliation Confermcc was hold oa April 15, 2004, with the following individuals in
att~dance: The Father, Chr/stopher L. Plitt, with his counsel, P~ I. P~so, F-~luirc, and the Moth~r,
Anna J. Plitt, with her counsel, P. Richard Wagner, F.,squire.
3. The parties agreed to entry of an Order in the form as attached,
~::~,~ , ,
Dawn S. Sunday, '~q~fire r~ '
Custody Conciliator
CHRISTOPHER L. PLITT
Plaintiff
VS.
ANNA J. PLITT
Defendant
JU~ 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-987 C1VII, ACTION LAW
IN CUSTODY
ORDER OF COURT
eraA~tioDn o~%eW~ ~ ~t~ust~o? day of _~ , 2004, upon
consid t ed - y Conciliation Report, it is ordered and directed as follows:
1. The parties shall engage in a course of co-parenting mediation at InterWorks. If the parties
have not reached an agreement as to ongoing custody an'angements prior to the beginning of the
2004-2005 school year, the parties shall obtain recommendations fi:om the counselor for an interim
school year schedule pending completion of the mediation. The parties acknowledge that winle they
have agreed to equally share t/me with the Child under the temporary schedule set forth in th/s Order,
neither party shall be prejudiced in the mediation process by this temporary agreement to the speciftc
scheduling of each party's time w/th the Child.
2. Pending completion of the mediation process, receipt of' temporary recommendations for the
school year, further agreement of the parties or Order of Court, the parties shall have custody of the
Child in accordance with the following schedule:
A. The Mother shall have custody of the Child in every week from Monday after school
through Tuesday after school and from Thursday after school through Friday after school.
B. The Father shall have custody of the Child in every week from Tuesday after school through
Thursday after school.
C. The parties shall alternate having custody of the Child fi:om Friday after school through
Monday after school each week.
D. During alternating weeks when the Mother has custody of the Child for five consecutive
days from Thursday through Tuesday, the Father shall haw: a period of custody with the Child
on Monday fi:om 5:00 p.m. until 7:00 p.m. '
3. Counsel for either pasty may contact th~ conciliator to schedule an additional custody
conciliation conference, if necessary to review the custody arrangements after mediation and receipt of
the counselor's recommendations, if any, prior to the beginning of the 2004-2005 school year.
EXHIBIT B
4. The prior Order of this Court dated April 27, 2004 is vacated and replaced w/th this Order.
5. In the event either party intends to take the Child out o:['the Commonwealth o£Pennsylvania
or more than 100 miles f~om that party's residence, that party shall provide advance notice to the other
party of the address and telephone number where the Child can be contacted.
6. This Order is entered pursuant to an agreement of the p~mies at a custody conciliation
conference. The parties may modify the provisions of this Order ]by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
THE ~
Edward E. Guido
cc: Peter J. Russo, Esquire - Counsel for Father
P. Richard Wagner, Esquire - Counsel for Mother
CHRISTOPHER L. PLITT
Plaintiff
VS.
ANNA J. PLITT
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERL2~dN-D COUNTY, PENNSYLVANIA
04-987
CIVIL ACTION LAW
CUSTODY
Prior Judge: Edward E. Guido
.CUSTODY CONCILIATION SUMMAJRY REPORT
PROCEDUDJN,~.A.C~C~O,,RDAN, CE. WITH CUMBERLAND COUNTY RULE OF
, ,x~ ~v~..~-~, me unaers~gned Custody Conciliator submits the following report:
follows:
FAME
Zachary L. Plitt
CIVIL
The pertinent information concerning the Child who is the subject of this litigation is as
DATE OF BIRTH
December 14, 1994
_CURRENTLY IN CUSTODY OF
Mother/Father
2. A conciliation conference was held on June 15, 2004, with the following individuals in
attendance: The Father, Christopher L. Plitt, with his counsel, Peter J. Russo, Esquire, and the Mother,
Anna J. Plitt, with her counsel, P. Richard Wagner, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date
Dawn S Sunday, Esqmre
Custody Conciliator
LAW OFFICES OF PETER J. Rvsso, EC.
ATTORNEYS AT LAW
3800 Market Street
Camp Hill, PA 17011
Peter J. Russo, Esquire
Scott A. Stein, Esquire
John N. Papoutsis, Esquire
Friday, July 2, 2004
Debra A. Micklo, Paralegal
Melissa M. Mehaffey, Paralegal
P. Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
VIA TELECOPIER ONLY
(717) 234-7080
RE: PLITT v. PLITT
Dear Mr. Wagner,
Iu response to your letter dated today, with regards to dividing July 4th (Sunday)
equally between the parties, our client does not recall au w:rb~l ~-
Y ~, ,,s~eement betx~cen thc
parties as such. In the alternative, our client is willing to comply with your client's
request to divide July 4 (Sunday) equally between the parties, provided she is
agreemeut to the vacation time our client is requesting.
Mr. Plitt is requesting vacation time with Zachary commencing July 22, 2004
through August 2, 2004. To clarify our request on how this will transpire, in accordance
with the'Order of Court dated June 28, 2004, Mrs. Plitt will deliver Zachary to school in
the morning of Tuesday, July 20, 2004, and Mr. Plitt will pick Zachary up fi'om school on
that day, July 20, 2004. In short, our client's proposal for his court ordered vacation time
with his son, will grant him complete custody of his son from the afternoon of July 20,
until the morning of Angust 2, 2004, whereby Mr. Plitt will drop Zachary off at school
the morning of August 2, 2004, and your client will then pick-up Zachary fi'om school
that day, so as to resume to the regularly scheduled visits according to the court Onler.
In the event your client does not agree with said vacation request, Mr. Plitt will
not honor your clients request to split the July 4th (Sunday) holiday. In the alternadx c. in
the eveut your client is in compliance with Mr. Plitt's vacation request with his sou. and
the parties split July 4 (Sunday), the parties shall here on out .abide by the Order o: Court
dated June 28, 2004.
We will await your response.
cc: Christopher Plitt
PHONE: (717) 591~1755
EXHIBIT C
THE CHELSEA BUILDING
Very truly yours,
Mehssa Mehaffey
FAX: (717) 591~1756
LAW OFFICES OF PETER J. Rvsso, EC.
ATTORNEYS AT LAW
3800 Market Street
~ Camp Hill, PA 17011
Peter J. Russo, Esquire
Scott A. Stein, Esquire
John N. Papoutsis, E. squ~re Friday, July 9, 2004
Debra A. Micldo, Paralegal
Melissa M. Mehaffey, Paralegal
P. Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
VIA TELECOPIER & US MAIL
(717) 234-7080
RE: PLITT v. PLITT
Dem' Mr. Wagner,
We have not received any correspondence from you with regards to my letter
dated July 2, 2004. We presume there are no issues with the notice of 6Ul- client's
intentions, with respect to vacation time with his son.
Additionally, we agree with your position, wherein the Order dated June 28, 2004,
is for t he duration o f s ununer, a nd t he parties w ill r econvene before D awn Sunday t o
discuss the schedule, for the commencement of school. Unless there is an issue with the
notice of vacation provided to you previously, I see no need for a conciliation conference
prior to the one mentioned for the commencement of school.
There has been a mediation set up for 10:30 a.m. on q' July 24, 2004, at
h~terWorks, 4335 North Front Street in Harrisburg, for Chris ~,atnrday,
and Anna.
cc: Cl~ristopher Plitt
Very truly yours,
Me]:issa Mehaffey !] (2 -/
PHONE: (717) 591-1755
EXHIBIT D
THE CHELSEA BUILDING
FAX: (717) 591-1756
LAW OFFICES OF PETER J. Russo, P.C.
ATTORNEYS AT LAW
3800 Market Street
Camp Hill, PA 17011
Peter J. Russo, Esquire
Scott A. Stein, Esquire
John N. Papoutsis, Esquire
Debra A. Micklo, Pamlegal
Melissa M. Mehaffey, Paralegal
Wednesday, July 21, 2004
P. Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Han-isburg, PA 17110
VIA TELECOPIER & US MAIL
(717) 234-7080
RE: pLITT v. PLITT
Dear Mr. Rich:
On June 24, 2004, Melissa Mehaffey, my paralegal sent you a letter, ~vhich indicated that
Chris was willing to sign the deed, but wanted us to hold the deed in escrow. We stand ready
and willing to do exactly as we set forth in that letter. We need to also complete a Property
Settlelnent Agreement, if necessary, solely with respect to the real estate. We need to, address
the equity in the residence aud the lender and title company want to see a copy of how Chris'
interest is being released. I've attached a copy of the letter for your reference.
Your client ammunced her vacation schedule the day after ,~ur last cust,o,~y conference.
On July 2, 2004, Chris provided notice of his vacation time (July 22 - August 2 ) via my letter
to your office. A ' '
gain, Ive attached a ~opy of the letter for your reference. On July 9, 2004, my
office sent a second letter continuing that we received no indication fi'om your office that the
time requested for Chris' vacation time was unacceptable. I've also attached a copy of that letter
for your reference. My office also left a message last week, which went mu'etumed. In the light
of ail of this, my client expects to have custody fi.om July 22nd through Attgust 2n°. I hope there
will be no need to make a last minute dash to court in the morning.
As a reminder, there has been a mediation set up for 10:30 a.m. on Saturday, July 24,
2004, at It~terWorks, 4335 North Front Street in Harrisburg, for Chris and Aama.
Very truly yours,
cc: Ctn'istopher Plitt Peter J. Russo ,
EXHIBIT E
PHONE: (717) 591-1755
THE CHELSEA BUILDING 'FAX: (717) 591 - 1756
LAW OFFICES OF PETER J. Rvsso, P.C.
ATTORNEYS AT LAW
3800 Market Street
Camp Hill, PA 17011
Peter I. Russo, Esquire
Scott A. Stein, Esquire
John N. Papoutsis, Esquire
Debra A. Micklo, Paralegal
Melissa M. Mehaffey, Paralegal
Thursday, July 22, 20,1}4
P. Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Han'isburg, PA 17110
VIA TELECOP1ER & US MAIL
(717) 234-7080
RE: PLITT v. PLITT
Dear Rich:
I mn in receipt of the letter you faxed over this afternoon at 3:40 p.m. I am gnessing that
this letter is in response to my cotmtless requests to confim~ your client's willingness to honor
Chris' request for vacation. Of course your letter expresses her unwillingness but oddly, Anna
adx lsed Chris earlier today that she was willing to let Zachary spend the week with his father.
At 9:36 a.m. this morning, when your client first refused to honor the vacation request, I
advised your office that if your client was unwilling to honor Chris' request, I would seek ail
Order of Court. Later your client agreed to honor the vacation schedule.
Since your client has effectively led Chris to believe that the vacation schedule was
acceptable m~d you have remained curiously quiet on the issue until now, I will file a petition at
9:00 a.m. seeking m~ Order of Court directing your client to deliver Zachary to Chris. ! have
already left a message with your office indicating this information. I will submit in my petition
that I am unaware of whether you concur or not concur given my inability to speak with you
directly but notice was provided to your office.
I look forward to seeing yott or one of your associates in the morning.
Very truly yours,
cc: Cln'istopher Plitt
EXHIBIT F
Peter J. Rnsso
PHONE: (717) 591- ! 755 THE CHELSEA BUILDING FAX: (717) 59 I- 1756
LAW OFFICES OF PETER J. RUSSO, P.C.
PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
CHRISTOPHER L. PLITT,
Plaintiff
ANNA J. PLITT
Defendant
Counsel for Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 987
CIVIL ACTION - LAW
CUSTODY
JUDGE EDWARD E. GUIDO
CF, RTIFICATE OF SFRVICE
I, Peter J. Russo, hereby certify that I am on this day serving a copy of the foregoing document
upon the person (s) and in the manner indicated below:
Service by First-Class Mail, Postage Prepaid, and Addressed as follows:
P. Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
Service by Facsimile to the following; number:
P. Richard Wagner, Esquire c/o Mancke, Wagner & Spreha
717-234-7080
Date:
Peter J. Russo
CHRISTOPHER L. PLITT, :
Plaintiff :
ANNA J. PLITT :
Defendant :
JUL 2 3 2004
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 987
CIVIL ACTION - LAW
CUSTODY
AND NOW, this ~-~day of ~[~ ,2004, upon consideration of the
a~ched Petition for Emergency Relief, it is hereby directed ~a[fl~~~ eestz~y o~
~ ~:~c: rill .... ~.h~ ~ ~acat!on :inlc o~i~i**~ Jmy 23, 2G~4, ~p~. a~ ~ti~ u~dd~ O~der
EDWARD E. GUIDO, JUDGE