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HomeMy WebLinkAbout04-1181JO ANN E. COUTTS, PLAINTIFF VS, RONALD A. COUTTS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. (;)/'/-' ~[~/ ~;¢:/ IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, JO ANN E. COUTTS, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is JO ANN E. COUTTS, an adult individual who resides at 5104 Inverness Drive in Mechanicsburg, Pennsylvania. 2. The Defendant is RONALD A. COUTTS, an adult individual who resides at 4084 Darius Drive in Enola, Pennsylvania. 3. The Plaintiff and Defendant are formerly husband and wife. 4. The Plaintiff and Defendant are the parents of two minor children, Victoria M. Coutts, age 8, born 4 August 1995 and Samantha M. Courts, age 6, born 11 November 1997. 5. Plaintiff seeks an award of primary physical and legal custody of the said minor children and believes such an award will be in the best interests of the children. 6. The children were not born out of wedlock and are presently in the custody of the Plaintiff. 7. During the past five years, the minor children have resided with the following persons at the following addresses: July 2002 to present 5104 Inverness Drive Mechanicsburg, PA Plaintiff only (but with shared physical custody with Defendant) 1998 to July 2002 5104 Inverness Drive Mechanicsburg, PA Plaintiff & Defendant 8. The mother of the children is the Plaintiff who resides at the address set out above. 9. The father of the children is the Defendant who resides at the address set out above. 10, The Plaintiff is the natural mother of the children, Plaintiff currently resides with the children. 1 1, The Defendant is the natural father of the children. To the best of Plaintiff's knowledge, the Defendant resides alone. 1 2. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. Plaintiff has been the primary care provider for both children since their births; and B. Each of the children has special needs which Plaintiff is in the best position to meet and satisfy; and C. Defendant has recently denied that the children have special needs, has failed to provide medication and other treatment for those needs, and has generally interfered with the proper treatment and care of the children as a result; and D. The Defendant, because of his conduct, temperament, and ether matters, cannot properly provide for the emotional and other needs of the children; and E. Defendant has obstructed the care of the children by refusing to make responsible decisions regarding their medical care and their legal custody in general. 1 4, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays this court to award her primary physical and legal custody of the children and to set a defined schedule of time for the Defendant to have temporary or partial custody of the children and to require Defendant to comply with decisions made by Plaintiff regarding medical care and treatment of the children. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: N E. COUTTS JO ANN E. cOUTTS : PLAINTIFF : V. : RONALD A. COUTTS : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1181 · VIL ACI ION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre _Melissa P. Greevy, Esq. _, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, April 29, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 a~e five or older may also be present at the conference. Failure to appear at the conference ma,/ 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 hearinl~. FOR THE COURT, By: /s/ Melissa P. Greevy.. Esq. Custody Concils[ator mhc 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 hear/ng. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT Al'FORD 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) 249-3]~66 JO ANN E. COUTTS, Plaintiff V. RONALD A. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERU~,ND COUNTY, PENNSYLVANIA NO. 04-1181 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of May, 2004, upen consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parents, Jo Ann E. Coutts and Ronald A. Coutts, shall participate cooperatively in a child psychiatric evaluation of the parties' oldest child, Victoria M. Coutts, with regard to her symptoms of inattention and with an eye toward receiving recommendations of any clinical intervention necessary, if any. The parties will choose the psychiatrist for this evaluation and call for an appointment by May 14, 2004. 2. A hearing is sc_h.eduled in Courtroom Number' ,.~ of th~ County Courthouse, on the ~t~l~day of ~.._~, 2004, at o'clock /~ .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Jo Ann E. Coutts, shall be deemed to be the moving partly and shall proceed initially with testimony. In the event that there is a delay in receipt of the report from the child's psychiatrist, the hearing date above may be continued upon request. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at leas )rior to the hearing date. Dist: /.,/~-amuel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 u,,~ronald A. Courts, 4084 Darius Drive, Enola, PA 17025 JO ANN E. COUTTS, Plaintiff V, RONALD A. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1181 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE '1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME Victoria M. Coutts Samantha M. Coutts DATE OF BIRTH August 4, 1995 November 11, 1997 CURRENTLY IN THE CUSTODY OF Mother Mother 2. The parties' first Custody Conciliation Conference was held on April 6, 2004 following Mother's filing of a Complaint in Custody on IVlarch 22, 2004. Present for the conference were: the Mother, Jo Ann E. Coutts, and her counsel, Samuel L. Andes, Esquire; the Father, Ronald A. Coutts, participated pro se. 3. Mother's position on custody is as follows: Mother claims that she has always been a stay home mom and the primary caregiver. She reports that she is working part time on the evenings that the children are with their Father and has been a full time respiratory therapy student. However, she will be putting her schooling on hold at the end of the present academic term for financial reasons. Her part time work is as a nurse's aide. She also works on alternating Sundays. Mother filed her Complaint seeking primary custody because she believes that the children need more consistency in their schedule due to their special needs. Since the parties' separation in July 2002, the children had been spending approximately three (3) nights a week with Father and fo,ur (4) nights a week with Mother. The parties have adjusted the schedule depending on Mother's work and class schedule. Additionally, Mother is concerned because the children have special needs and Father has resisted the treatment recommended by two different physicians for the older daughter. She believes that Father has interfered with the treatment by telling the child that he did not agree with the diagnosis. Mother now believes the child's resistance to treatment is based on Father having shared his opinion with the child. Mother seeks to have the custodial schedule changed to a primary physical custody with alternating weekends for Father supplemented by two (2)evenings per week after school until 7:00 p.m. The parties' oldest NO. 04-1181 CIVIL TERM child has apparently be diagnosed with Attention Deficit Disorder. She has been given stimulant medication. The medication was apparently discontinued at a time when Father declined to pick it up from the pharmacy and Mother had no means to pay for the medication herself. Because Mother had been instructed that the medication would be helpful if it was given on a consistent basis and because Mother believed that Father was not giving the medication, it was stopped. Mother reports that the older child has demonstrated problems with distractibility and inattention in class which have resulted in incomplete school work and a need for more time to complete her work. However, she reports that the child has excellent grades. She is concerned that as the child approaches fourth grade when the children are required to move between classes at school, that academics may become more overwhelming for her. Mother claims to have invited Father to participate with the treatment professionals from whom she has sought advice. However, Mother reports that Father has done so on an inconsistent basis. Mother reports that she did not take recommendations for use of medication lightly and that in addition to medication, she was working with a social worker who specialized in working with behavioral strategies in children with Attention Deficit Disorder. The parties' younger child is identified as an exceptional child with PDD. 4. Father's position on custody is as follows: Father experiences Mother's petition as an attempt to reduce the children's involvement with him at a time when he claims that, at least the older child, has asked for more time with Father. Father reports he has questions whether the diagnosis made is appropriate. He is a former pharmaceutical representative. He is very cautious about the potential problems that could be encountered with the use of stimulant medications such as Ritalin or Concerta. Father believes that these medications could cause heart damage and other serious side effects such as would be found with cocaine use. However, Father acknowledges the child may have some attention problems. Therefore, he is willing to cooperate with Mother with the older child having a psychiatric evaluation by a board certified child psychiatrist. Father will not agree to changes in the custodial schedule from the current arrangement. He accused Mother of being motivated by financial considerations. 5. The parties have agreed to cooperate in a child psychiatric evaluation to obtain another opinion regarding the oldest child's symptoms and obtain psychiatric recommendations for treatment, if any is indicated. It is hoped that this evaluation will assist the parties in understanding the child's symptoms, what if any treatment is appropriate, and clarify the question of what to attribute the inattentive behaviors to. In addition, a hearing will be scheduled on Mother's request to change the c~jst~al schedule. Date Melissa Peel Greevy, Esquire Custody Conciliator :228636 JO ANN E. COUTTS, Plaintiff VS, ~,ONALD A. COUTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1181 CIVIL TERM IN CUSTODY ORDER OF COURT ~ ~.,/7 , 2004, the AND NOW this day of hearing previously scheduled iht his matter for June 28, 2004 having been postponed at ~rties, we hereby reschedule the hearing for ~ the the jo,n re.uest of :~ ~-d day of ~~VC 2004, commencing at~°'c'°ck ~ .m. on Court Room 5 of the Cumberland County Courthouse in Carlisle, Pennsylvania. BY THE (' Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 Ronald A. Courts, pro se 4084 Darius Drive, Enola, Pa 17025 SAMUEL L. ~blDES 1 July 2004 The Honorable Edward Guido Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Jo Ann E. Coutts vs. Ronald A. Coutts No. 04-1181 Civil Term In Custody Dear Judge Guido: Enclosed is an Order I have prepared for the rescheduling of the hearing in this matter. If you need anything further, please have your office contact mine and we will provide it to you. Thank you for your cooperation. SincereLy, amh / Enclosure cc: Jo Ann E. Coutts Ronald A. Coutts SAI~IUEL L. ANDES 23 June 2004 The Honorable Edward Guido Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Jo Ann E. Coutts vs. Ronald A. Coutts No. 04-1181 Civil Term In Custody Dear Judge Guido: You have scheduled a hearing in the above custody matter for 9:30 a.m. on Monday, 28 June 2004. The parties have agreed to obtain a report from Pauline Wallin, Ph.D., regarding the issue which you are to address at the hearing. Unfortunately, Dr. Walllin has not yet had time to complete her work and we do not have the benefit of her report. The parties have agreed to postpone the hearing rather than proceed before they have Dr. Wal[in's report and her recommendations about the proper medical care for the child. I write to request that the matter be postponed. Mr. Courts is not represented by an attorney. I spoke with him this afternoon and he agreed to postpone the hearing. I have sent him a copy of this letter and asked him to call your chambers to confirm his agreement. If your office needs to speak to him, he may be reached at his office (566-5884) or on his cell phone (579-5052). I trust the postponement of this hearing will be satisfactory with you. If it is not for any reason, please contact my office right away. Thank you for your attention to this matter. Sincerely, amh cc: Jo Ann E. Coutts Ronald A. Coutts 4084 Darius Drive Enola, Pa 17025 JO ANN COUTTS, Plaintiff VS RONALD A. COUTTS, Defendant : CP-21-CV-1181-2004 : : IN CUSTODY IN RE: STIPULATION ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Oq -II~ I AND NOW, this 3rd day of September, 2004, by agreement of both parties, it is hereby order and directed: 1. The parties will follow the recommendations and implement the treatment plan and recommendations for their daughter Victoria Coutts as described in the report of Pauline Wallin which has been marked as Joint Exhibit 1 this day. Both parties will cooperate fully with Dr. Wallin to follow-up on and implement those recommendations. 2. Among Dr. Wallin's recommendations is that the parties try a course or regime of strategies for treatment of Victoria's learning conditions for a period of three weeks and then consider medication if those strategies are not successful. The parties will cooperate to implement those strategies recommended by Dr. Wallin, will authorize Dr. Wallin to contact the school after three weeks to determine whether there has been sufficient improvement or not and then to determine whether medication should be attempted as the next step in treating these conditions. If Dr. Wallin feels medication is appropriate, she will advise the parties and they will return to the child's medical doctor who shall prescribe medication in consultation with Dr. Wallin's recommendations. 3. Whether medication is prescribed for Victoria or not, Dr. Wallin will continue to monitor Victoria's progress in school and make further recommendations to the parties as to whether medication should be continued, discontinued, resumed, or otherwise applied for the child. 4. Dr. Wallin shall have full authority to contact the school on behalf of the parties for information regarding Victoria's progress and she will be free to speak to both parents regarding her findings, her recommendations and her monitoring Victoria's progress, the strategies for her schooling and her medication. 5. Parties have agreed that Victoria shall engage in psychotherapy with Dr. Wallin on a schedule to be recommended by Dr. Wallin. Mr. Coutts will be responsible through his insurance to pay for that and shall pay any co pay or any portion of Dr. Wallin's fees for the psychotherapy not covered by insurance. 5. In the event that medication is prescribed for Victoria, the parties will not make that known to the school and will leave to Dr. Wallin the decision as to whether the school should be advised or informed as to medication for Victoria. 6. Both parties shall cooperate fully with Dr. Wallin, the school, and any physician treating Victoria with regard to the matters addressed in Dr. Wallin's report. They shall share information regarding Victoria's treatment and schooling and shall cooperate in all ways to implement the recommendations of Dr. Wallin as set out in Joint Exhibit 1. Edward E. Guido, J. el L. Andes, Esquire .~oon the Plaintiff ald A. Courts, Pro Se: :mlc