Loading...
HomeMy WebLinkAbout08-4785HYNUM LAW Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 34 Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff NICHOLAS W. COLLETTE, Plaintiff V. MELISSA A. COLLETTE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 -785 CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Nicholas W. Collette, who is residing at 507 Ross Avenue, Apt. C, New Cumberland, PA 17070. 2. The Defendant is Melissa A. Collette, who is residing at 18 Trine Avenue, Mt. Holly Springs, PA 17065. 3. Plaintiff seeks custody of the following children: Chase J. Collette Logan M. Collette 18 Trine Avenue Mt. Holly, PA 17065 18 Trine Avenue Mt. Holly, PA 17065 Age 2, DOB: 11-28-2005 Age 1, DOB: 5-03-2007 The minor child, Chase J. Collette was born before the marriage and the minor child, Logan M. Collette was born out of the marriage between Plaintiff and Defendant. The children are presently in the custody of Melissa A. Collette, who is residing at 18 Trine Avenue, Mt. Holly Springs, PA 17065. 4. During the past five years, the children have resided with the following persons and at the following addresses: Mother and Father 18 Trine Avenue Birth-June 2, 2008 Mt. Holly, PA 17065 Mother 18 Trine Avenue June 2, 2008 - Present Mt. Holly, PA 17065 The mother of the children is Melissa A. Collette, who is residing at 18 Trine Avenue, Mt. Holly Springs, PA 17065. She is married to Plaintiff. The father of the children is Nicholas W. Collette, who is residing at 507 Ross Avenue, Apt. C, New Cumberland, PA 17070. He is married to Defendant. 5. The relationship of Plaintiff to the children is that of Father. 6. The relationship of Defendant to the children is that of Mother. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 8. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the children and claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting primary physical custody to Father. 11. 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. There are no other persons known to Plaintiff who are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff requests this Honorable Court grant custody of the children, Chase J. Collette, and Logan M. Collette to him. Respectfully submitted, k' /6L lzz? HYNUM LAW Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 715 U <i I ) , d' (?Qg - Nicholas W. Collette CERTIFICATE OF SERVICE On this S'? day of August, 2008, 1 certify that a copy of the foregoing COMPLAINT FOR CUSTODY was served upon the following Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Melissa A. Collette 18 Trine Avenue Mt. Holly Springs, PA 17065 HYNUM LAW Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff V r ?Sr C 'w P-31 q I CC) -0 =.. a rn U f?? olb NICHOLAS W. COLLETTE IN THE COURT OF COMWON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. COLLETTE DEFENDANT 2008-4785 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, August 11, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 11, 2008 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. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 S moo' z. =z Aa ?? saaZ NICHOLAS W. COLLETTE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-4785 MELISSA A. COLLETTE, CIVIL ACTION - LAW Defendant IN CUSTODY ACCEPTANCE OF SERVICE I hereby accept service of the Custody Complaint and Order of Court dated August 11, 2008 filed in the above-captioned matter on behalf of Defendant, MELISSA A. COLLETTE, and certify that I am authorized to do Date: Melissa Peel Greevy, Es?y}re Supreme Court ID # '1 `t O Johnson, Duffle, Stewart & Weidner 301 Market PO Box 109 Lemoyne, PA 170430109 Cµ? W 7P 12 208 Cq NICHOLAS W. COLLETTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4785 CIVIL ACTION - LAW MELISSA A. COLLETTE, Defendant : IN CUSTODY MELISSA-ANN COLLETTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4881 CIVIL ACTION - LAW NICHOLAS W. COLLETTE, Defendant : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this _ day of S;44k _7 2008 u on consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The above captioned dockets are hereby consolidated. 2. The Father, Nicholas W. Collette and the Mother, Melissa A. Collette, shall have shared legal custody of Chase J. Collette, born November 28, 2005 and Logan M. Collette, born May 3, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, a I extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody, which he shall exercise outside of the marital home, as follows: A. Every Tuesday and Friday from 4:30 p.m. or earlier to 8:00 p.m. B. Every Saturday from 12:00 noon to 8:00 p.m., except on the fourth Saturday of every month, when Mother shall have physical custody of the children. As a make up period for the fourth Saturday, Father shall have physical custody of the children on the first Sunday of every month from 12:00 noon to 8:00 p.m. C. In the event that Mother wishes to go out of town on her fourth Saturday of every month, upon 2 weeks notice to Father, Mother shall also have physical custody of the children on the preceding Friday, in which case Father's make up time shall be Thursday from 4:30 p.m. or earlier to 8:00 p.m. D. Such other times as the parties agree. 5. The parents shall share holidays as set forth in the following chart: HOLIDAYS AND I TIMES SPECIAL DAYS Easter Day From 6pm the evening before the holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the holiday to 6pm the day of the holiday Thanksgiving 1" Half From 6pm the evening before Thanksgiving Day to 3pm on Thanksgiving Dav ODD YEARS EVEN YEARS Mother Father Father Mother Mother Father Father Mother Mother Father Thanksgiving 2"d Half From 3pm on Thanksgiving Day to Fath 6pm the day after Thanksgiving Day er Mother Christmas 1 S` Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2"d Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday 6. Each parent shall be entitled to two non consecutive weeks of vacation each year. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. Transportation shall be shared with the receiving party transporting, except on Saturday or Sunday when Father shall be responsible for all transportation. 8. 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 O??eFiall control. BY cc: J 'an K. Zellner, Esquire, Counsc Melissa P. Greevy, Esquire, Coun; COP Ce S rna t LCL 9 a. d8 ?_ ? ? , } ?. 4 ^ w _?l r+? ? ti ? iii E... ?1fi .?.y ?rii _/ ? } c° U tit. o 1 12 1088(, NICHOLAS W. COLLETTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4785 CIVIL ACTION - LAW MELISSA A. COLLETTE, Defendant : IN CUSTODY MELISSA-ANN COLLETTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4881 CIVIL ACTION - LAW NICHOLAS W. COLLETTE, Defendant : IN DIVORCE/CUSTODY PRIOR JUDGE: None 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Chase J. Collette November 28, 2005 Mother Logan M. Collette May 3, 2007 Mother 2. A Conciliation Conference was held in this matter on September 11, 2008, with the following in attendance: The Father, Nicholas W. Collette, with his counsel, Brian K. Zellner, Esquire, and the Mother, Melissa A. Collette, with her counsel, Melissa P. Greevy, Esquire. 3. The parties agreed to an Order in the form as attached. ?-lZ-t? ?lMl? Date ac line M. Verney, Esquire Custody Conciliator T, R0 4 HYNUM LAW Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff NICHOLAS W. COLLETTE, Plaintiff V. MELISSA A. COLLETTE, Defendant i 1 DES: 19 Fri 2; I;1JMBERLA,uu CoUfj _, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4785 CIVIL ACTION - LAW IN CUSTODY AMENDED PETITION TO WITHDRAW AS COUNSEL PURSUANT TO Pa. R.C.P. 1012 AND NOW COMES, Brian K. Zellner, Esquire and Hynum Law, who respectfully requests that this Honorable Court permit the withdrawal of the undersigned as counsel for Nicholas W. Collette and in support thereof aver as follows: 1. Your Petitioners are Brian K. Zellner, Esquire and Hynum Law, who presently represents Nicholas W. Collette in the above-captioned custody and divorce matter. 2. Respondent is Nicholas W. Collette, with a mailing address of 20 N. Hanover Street, Dillsburg, PA 17019. 3. Respondent Melissa A. Collette is represented by Attorney Melissa Greevy. 4. Pennsylvania Rule of Professional Conduct 1.16(b) permits an attorney to withdraw from representing a client in certain circumstances, including where the withdrawal can be accomplished without material adverse effect on the interests of the client; where the client insists on taking action with which the lawyer has a fundamental disagreement; where the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; where the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or other good cause exists. See Pa. R.P.C. 1.16(b)(1),(4),(5),(6) and (7). 5. Good cause exists to permit your Petitioner's withdrawal. Your Petitioner has attempted in good faith to resolve issues underlying this request with Mr. Collette prior to filing this Petition. 6. Your Petitioner does not believe that Mr. Collette will suffer an adverse material impact from Petitioner's withdraw because he has sufficient time to obtain replacement counsel prior to any further court action in this case. 7. Attorney Greevy, who represents Melissa A. Collette, does not object to your Petitioner's withdrawal. 8. Respondent, Nicholas W. Collette, who is represented by Petitioner, does not object to your Petitioner's withdrawal. Please reference his statement on the attached letter marked Exhibit `A'. WHEREFORE, Brian K. Zellner, Esquire and Hynum Law respectfully request that this Honorable Court issue a ten (10) day Rule to Show Cause upon the Respondents to show cause, if any, why your Petitioner should not be permitted to withdraw as counsel for Mr. Collette and grant the Petitioners' request to withdraw as counsel for Nicholas W. Collette. Respectfully submitted: Date: HYNUM LAW k?' /('Z'? Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Brian K. Zellner, Esquire, hereby certify that on this 16th day of December, 2011, 1 served a true and correct copy of the foregoing Amended Petition to Withdraw as Counsel at the addresses indicated below via first class mail, postage pre-paid, mailed at Harrisburg, Pennsylvania: Melissa A. Greevy, Esquire Law Offices Johnson Dine 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Nicholas W. Collette 20 N. Hanover Street Dillsburg, PA 17019 HYNUM LAW Date: 12-/00 By: S Z..-,, ? Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff Exhibit W Real Answers. H YN, UM""" L AW w s w • • • • ? r s • • • s s • • • : • r r • November 2, 2011 Nicholas Collette 20 N. Hanover Street ©illsburg, PA 17019 Re: Collette v. Collette Dear Mr. Collette: Please let me know if you want me to withdraw as your Counsel in regard to the above-matter.. If you do, I will file a petition to withdraw. This will allow Attorney Greevey to contact you directly. If you do not, I will need you to contact me to discuss financial arrangements for me to continue representing you. In the meantime, please find enclosed a letter from Atty. Greevey in regard to the above-matter.. If you have any questions, do not hesitate to contact me. Sincerely, Foa'n 4LZetllner 1 . a. f hxwk yail HYNW PROF PML ODRP NICHOLAS W. COLLETTE, Plaintiff V. MELISSA A. COLLETTE, Defendant ce) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4785 CIVIL ACTION - LAW IN CUSTODY RULE TO SHOW CAUSE c? r? ?Q y,c -c C -n C m- 4v c? r+? O St AND NOW, this day of December, 2011, upon consideration of the Petition to Withdraw as Counsel, it is hereby ORDERED that a RULE is issued upon NICHOLAS W. COLLETTE and MELISSA A. COLLETTE to show cause, if any, within 2.0 days of service, why the requested relief in the Petition should not be granted. BY THE COURT: Distribution: Brian K. Zellner, Esquire, 2608 N. 3rd Street, Harrisburg, Pa 17110 Melissa A. Greevy, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 Nicholas W. Collette, 20 N. Hanover Street, Dillsburg, PA 17019 Id CAP A NICHOLAS W. COLLETTE, Plaintiff V. MELISSA A. COLLETTE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4785 CIVIL ACTION - LAW IN CUSTODY ORDER ?h AND NOW, this 10 day of cb r V °?rr 2012, upon consideration of the y Petition to Withdraw as Counsel, Motion to Make Rule Absolute and noting that no objection has been filed by NICHOLAS W. COLLETTE or MELISSA A. COLLETTE, it is hereby ORDERED that Hynum Law and Brian K. Zellner, Esquire are withdrawn as counsel for Nicholas W. Collette. BY THE COURT: JUDGE Distribution: ? Brian K. Zellner, Esquire, 2608 N. 3rd Street, Harrisburg, Pa 17110 ? Melissa A. Greevey, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 ? Nicholas W. Collette, 20 N. Hanover Street, Dillsburg, PA 17019 "Ud ?pPies . c CD Johnson, Duffie, Stewart & Weidner By: Melissa P. Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 mpg @jdsw.com NICHOLAS W. COLLETTE, Plaintiff v. MELISSA A. COLLETTE N /K /A MELISSA -ANN KELLY, Defendant MELISSA A. COLLETTE N /K /A MELISSA -ANN KELLY, Plaintiff v. NICHOLAS W. COLLETTE, Defendant PETITION TO MODIFY CUSTODY ORDER Ut i APR -7 PM 2 33 Cu 1EERLAVIO COUNTY PENNSYLVANIA Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -4785 CIVIL ACTION — LAW IN CUSTODY * * * * * * * * * * * * * * * * * * * * * * ** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -4881 CIVIL ACTION — LAW IN DIVORCE /CUSTODY The Petitioner, MELISSA A. COLLETTE N /K/A MELISSA -ANN KELLY, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, hereby files this Petition to Modify this Court's previous Custody Order of September 15, 2008 with regard to the custody of the minor children: Chase J. Collette, born November 28, 2005 and Logan M. Collette, born May 3, 2007. ( -1 S(p 6 if 1. Mother believes and therefore avers that it is in the best interests of the children to modify the Order for the following reasons: A. The parties have altered the schedule set forth in the Order attached hereto, which no longer reflects their current practices. B. It is in Chase's best interests for Father to participate in his therapy and take him to therapy during his periods of partial custody. C. The children should be permitted to participate in their sports- related activities during Father's periods of partial custody. D. The children should be bathed and ready for bed on school nights or, in the alternative, returned earlier so that the children can get to bed at a reasonable time so that they are not tired in the morning when it is time to get up and go to school. 2. The previous Conciliator in this matter was Jacqueline M. Verney. 3. The previous Judge assigned to the matter was the Honorable Edgar B. Bayley. WHEREFORE, Petitioner requests this Honorable Court to modify the custody schedule because it in the best interest of the children. Respectfully submitted, JOHNSON DUFFIE STEWART & WEIDNER Me issa P. Greevy, Esquire I.D. No. 77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761 -4540 :571501 VERIFICATION I, MELISSA A. COLLETTE N /K/A MELISSA -ANN KELLY, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: MELISSA A. COLLET ' E N /K/A MELISSA -A KELLY NICHOLAS W. COLLETTE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MELISSA A. COLLETTE N/K/A MELISSA —ANN KELLY, DEFENDANT NO. 2008-4785 CIVIL ACTION - CUSTODY ******************************************************* MELISSA A. COLLETTE N/K/A MELISSA —ANN KELLY, PLAINTIFF VS. NICHOLAS W. COLLE I 1 E, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4881 CIVIL ACTION — DIVORCE/CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION 1, MeL,5, ihell sct- r\n PRINT NAME penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: , hereby swear or affirm, subject to 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Yes or No YES NO Crime 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) Self Other household member El Date of conviction, Sentence guilty plea, no contest plea or pending charges 0 18 Pa.C.S. §2709.1 (relating to stalking) ❑ [ 18 Pa.C.S. §2901 (relating to kidnapping) ❑ [D 18 Pa.C.S. §2902 (relating to unlawful restraint) ❑ [D 18 Pa.C.S. §2903 Answer Yes or No YES NO (relating to false imprisonment) Crime Self Other Date of conviction, Sentence household guilty plea, no contest member plea or pending charges ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ L 18 Pa.C.S. §3121 (relating to rape) ❑ 18 Pa.C.S. §3122.1 El ❑ (relating to statutory sexual assault) ❑ Lid' 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ g' 18 Pa.C.S. §3124.1 ❑ El (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ [7 18 Pa.C.S. §3127 (relating to indecent exposure) ❑ ❑ ❑ g7. 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) p/ 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no contest member plea or pending charges YES NO ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ [� 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ V 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ [Z.- 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ V 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or (d) ❑ ❑ (relating to obscene & other sexual materials & performances) 0 2" Answer Yes or No YES NO 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) Crime ❑ ®/ 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 0 IV 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Self Other household member ❑ ❑ Driving under the influence of ❑ ❑ drugs or alcohol Manufacture, sale, delivery, ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device Date of conviction, Sentence guilty plea, no contest plea or pending charges 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Answer Yes or No YES NO Self Other Date household member ❑ N1' A finding of abuse by a Children & Youth Agency or similar ❑ ❑ 0 V agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: ❑ El 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal /abuse history, please explain: I verify that the statements made in the Criminal Record /Abuse History Verification 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 and can be punishable by fine or imprisonment. iQ l Printed Name NICHOLAS W. COLLETTE IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. MELISSA A. COLLETTE DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 2008 -4785 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 10, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 20, 2014 9:30 AM for a Pre - Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in- person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq.,a & 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. Cop; es Lk, 8441 /n . O u Ni L s eats 1.1)t tkAciat V/77 Cumberland County Bar Association 32 South Bedford Street �, Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166' r `; _ G ,- > w e.. e NICHOLAS COLLETTE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2008 -4785 MELISSA A. COLLETTE N /K /A MELISSA -ANN KELLY, Defendant To the Prothonotary: :CIVIL ACTION- CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, Nicholas Collette, in the above - captioned matter. Papers may be served at the following address: Date: April 18, 2014 The Law Office of Roy Galloway, LLC Roy L. Galloway, Esquire 717 Market Street -Suite 102 Lemoyne, PA 17043 (717) 737 -3300 Respectfully submitted, Roy, e ay. Attorn -y ID. No. 206841 Attorney for Plaintiff NICHOLAS W. COLLETTE, PLAINTIFF vs. MELISSA A. COLLETTE N /K/A MELISSA —ANN KELLY, DEFENDANT IN THE COURT OF COMMON PLEASE ° —a CUMBERLAND COUNTY, PENNSYII s- Z vLI �7 z r s•� r p -ate .37 CI c&r 7. NO. 2008 -4785 CIVIL ACTION - CUSTODY ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MELISSA A. COLLETTE N /K /A IN THE COURT OF COMMON PLEAS MELISSA —ANN KELLY, PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008 -4881 NICHOLAS W. COLLETTE, DEFENDANT CIVIL ACTION — DIVORCE /CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, /V(HI_I5[VIVA, A, CO LLE %1E , hereby swear or affirm, subject to PRINT NAME penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Crime Self Other Date of conviction, Sentence Yes or No YES NO ❑ 18 Pa.C.S. Ch. 25 (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) household guilty plea, no contest member plea or pending charges 18Pa.C.S. §2709j (relating to stalking) 18Pe.C.S.G2901 (relating to kidnapping) 18 Pa.C.S. §2802 (relating to unlawful restraint) Answer Yes or No YES NO U (relating to false imprisonment) Crime 18 Pa.C.S. §2810 (relating to luring a child into a motor vehicle or structure) �� 0 �� 18 Pa.0 S §3121 (relating to rape) 18Pa.C.S.43122j (relating to statutory sexual assault) Fl �� 18Pa.CS. §3123 (relating to involuntary deviate sexual intercourse) y( 18Pa.C.S. §3124.1 (relating to sexual assault) 18Pa.C.S. §3125 (relating to aggravated indecen assault) Self Other Date of conviction Sentence household guilty plea, no contest member plea or pending charges 18 Pa.C.S. §3126 �l (relating to indecent assault) Ei Rre` Answer Yes or No YES NO 18Pa.CS. §3127 (relating to indecent exposure) 18Pa.C.S. §3129 (relating to sexual intercourse with animal) 18Pa.CS. §3130 (relating to conduct relating to sex offenders) Crime 18Pa.C.S. §3301 (relating to arson and related offenses) 18Pa.C.S. §4302 (relating to inces 18PaC�. §4303 (relating to concealing death of child) 18PaCSi§4304 (relating to endangering welfare of children) 18Po.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene & other sexual materials & performances) Self Other Date of conviction, Sentence household guilty plea, no contest member plea or pending charges CI CI CI d 18 Pa.C.S. §6301 (relating to corruption of minors) ❑ vlJ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 7 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no contest member plea or pending charges YES NO ❑ ❑2 f/ 0 1/ 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Answer Self Other Date Yes or No household member YES NO ❑ / A finding of abuse by a Children & Youth Agency or similar ❑ ❑ • O 2( agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal /abuse history, please explain: I verify that the statements made in the Criminal Record /Abuse History Verification 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 and can be punishable by fine or imprisonment. tCk401,,tp\ S CbLLE-TT -E Printed Name 4-1?-t-\ Date Johnson, Duffie, Stewart & Weidner By: Melissa P. Greevy, Esquire I.D. No. 77950 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com JF THE i)b.-0-11i010TAF, 2014 APR 213 fT111:40 CUM3ERL AN 0 kticiiiiqs for Petitioner PENNSYLVANIA NICHOLAS W. COLLETTE, Plaintiff v. MELISSA A. COLLETTE N/K/A MELISSA-ANN KELLY, Defendant MELISSA A. COLLETTE N/K/A MELISSA-ANN KELLY, Plaintiff v. NICHOLAS W. COLLETTE, Defendant AND NOW, thi • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • NO. 2008-4785 • CIVIL ACTION — LAW IN CUSTODY ************************ • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • • NO. 2008-4881 • CIVIL ACTION — LAW IN DIVORCE/CUSTODY RETURN OF SERVICE day of April, 2014, the undersigned does hereby certify that on April 16, 2014 the Petition to Modify Custody Order, filed on April 7, 2014, Melissa-ann Kelly's Criminal Record/Abuse History Verification, and a blank Criminal Record/Abuse History Verification form were served on Nicholas W. Collette, via certified mail, return receipt requested, addressed to 290 Fieldstone Court, New Cumberland, Pa 17070-2879. The Return Receipt evidencing service upon Mr. Collette is attached hereto. Respectfully submitted, JOHNSON DJIEEIE ST ART & WEIDNER Melissa P. Gree'vy, Esquire tUNITED STATES POSTAL SERVICE Date: April 17, 2014 Anne McCullough: The following is in response to your April 17, 2014 request for delivery information on your Certified MaiITM item number 9171969009350056152705. The delivery record shows that this item was delivered on April 16, 2014 at 3:16 pm in NEW CUMBERLAND, PA 17070. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : Ck qie L L_ s] s--To �1 f Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service CERTIFICATE OF SERVICE 1 / AND NOW this (16y of April, 2014, the undersigned does hereby certify that she did this date serve a true and correct copy of the within Return of Service, by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the date indicated above, to the following person: Nicholas W. Collette 290 Fieldstone Court New Cumberland, Pa 17070-2879 JOHNSON, DUFFIE, STEWART & WEIDNER Melissa P. Greevy :619203 co- NICHOLAS W. COLLETTE, Plaintiff V. MELISSA A. COLLETTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4785 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 6day of , 2014, upon consideration of the attached Custody Conciliat n Report, it is ordered and directed as follows: 1. A pretrial conference with the assigned Judge is hereby scheduled in the above case on the c=.0I day of, 2014 at 3:70 p .m. in courtroom number c.2 elvt.‘1)(411O91 Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. A Hearing is schetiled in Co Room No. c2- , of the Cumberland County Court House, on the ...1-1-- day of 1, , 2014, at i'V V o'clock, A . M., at which time testimony will be ken. For purposes of this Hearing, Mother shall be deemed to be the moving party and shall proceed initially with testimony. 3. The prior Order of Court dated September 15, 2008 is hereby vacated. 4. Pending a hearing the following shall remain in full force and effect: 5. The Father, Nicholas W. Collette and the Mother, Melissa A. Collette, shall have shared legal custody of Chase J. Collette, born November 28, 2005 and Logan M. Collette, born May 3, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back -to -school nights, and the like. 6. During the school year: A. Mother shall have primary physical custody of the children. B. Father shall have periods of partial physical custody on alternating weekends, Friday at 3:45 p.m. to Sunday at 8:00 p.m., and every Tuesday and Thursday from 3:45 p.m. to 8:00 p.m., provided the children have completed their homework and have been bathed (unless they are returning to Mother from a sporting practice or game.) If homework is not completed and/or the children are not bathed, then the return time shall be 7:00 p.m. 7. During the summer school recess: A. Mother shall have primary physical custody of the children. B. Father shall have periods of partial physical custody on alternating weekends, Friday at 3:45 p.m. to Sunday at 8:00 p.m. and every Tuesday and Thursday overnight from 3:45 p.m. to the following morning, no later than 8:00 a.m. unless agreed otherwise. 8. The parties shall cooperate with recommended therapeutic family counseling with Casey Shienvold. Father shall be responsible for initiating the counseling. Counseling shall include spouses if recommended. 9. Transportation shall be shared as agreed by the parties. 10. Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 11. schedule. Holidays/vacations shall take precedence over the regular custody HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Memorial Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Independence Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Father Labor Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Mother Thanksgiving 1st Half From 6 pm the evening before thanksgiving Day to 3 pm on Thanksgiving Day Mother Father Thanksgiving 211d Half From 3 pm on Thanksgiving Day to 6 pm the day after Thanksgiving Day Father Mother Christmas 1 st Half From 9 am on 12/24 to 3 pm on 12/25 Father Mother Christmas 2nd Half From 3 pm on 12/25 to 3 pm on 12/26 Mother Father Mother's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Mother Mother Father's Day From 6 pm the evening before the holiday to 6 pm the day of the holiday Father Father Each parent shall be entitled to two non consecutive weeks of vacation each year. The parties shall provide each other with at least a thirty -day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 12. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: .elissa P. Greevy, Esquire, Counsel for Mother "Roy L. Galloway, Es9uire, Counsel for Father NICHOLAS W. COLLETTE, Plaintiff V. MELISSA A. COLLETTE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4785 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Chase J. Collette Logan M. Collette November 28, 2005 May 3, 2007 Mother Mother 2. A Conciliation Conference was held in this matter on June 3, 2014, with the following in attendance: The Mother, Melissa A. Collette, by telephone, with her counsel, Melissa P. Greevy, Esquire, and the Father, Nicholas W. Collette, with his counsel, Roy L. Galloway, Esquire. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated September 15, 2008, which the parties have modified, with the status quo being shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends Friday to Sunday and every Tuesday and Thursday from 3:45 to 8:00 p.m. 4. Mother's position on custody is as follows: Mother seeks to maintain the status quo of shared legal custody and primary physical custody, but would like the children returned to her at 7:00 p.m. instead of 8:00 p.m. if Father has not bathed them or assured that their homework is completed. Mother is willing for Father to have physical custody of the children overnight on Tuesdays and Thursdays during the summer school recess. Mother asserts conflict between the parties and Father's lack of participation in counseling, and lack of communication between the parties. Mother suggested therapeutic family counseling with Casey Shienvold. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody of the children, but would agree to shared physical custody utilizing the current schedule but including overnights for Father on Tuesdays, Thursdays and alternating Sundays. Father asserts that step -father disparages Father to the children, and that the children want to have more time with Father. Father is willing to cooperate with family therapeutic counseling to resolve the lack of communication. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, granting Father additional overnights during summer school recess and family counseling. It is expected that the Hearing will require one day. 6 -.3 'IX Date AA. acq line M. Verney, Esquire U�[ Custody Conciliator r-, v , • NICHOLAS W. COLLETTE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA A. COLLETTE DEFENDANT : NO. 08-4785 CIVIL ORDER OF COURT AND NOW, this 2"d day of July, 2014, due to a conflict with this Court's schedule due to a civil jury trial, IT IS HEREBY ORDERED AND DIRECTED that the Pre-trial Conference currently scheduled for Monday, July 21, 2014, is rescheduled to Wednesday, August 6, 2014, at 8:30 a.m. in chambers of Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 4/Roy Galloway, Esquire Attorney for Plaintiff Xlelissa p. Greevy, Esquire Attorney for Defendant bas frtai.LEL z:$��y By the Court, rn -C� r C rr tlj ... ': a 1 f C-'� 1 ,: 1 1, l F, 1 .'�riJ P urt Johnson, Duffie, Stewart &Weidner By: Melissa P. Greevy, Esquire I.D. No. 77950 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com NICHOLAS W. COLLETTE, • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : • NO. 2008-4785 v. • CIVIL ACTION — LAW MELISSA A. COLLETTE N/K/A : MELISSA-ANN KELLY, • IN CUSTODY • Defendant MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, this , day of , 2014, comes Defendant, MELISSA A. COLLETTE N/K/A MELISSA-ANN KELLY, b and through her counsel, Melissa P. Greevy, of Johnson, Duffie, Stewart & Weidner, P.C., an moves your Honorable Court to enter an Order upon Stipulation for Custody. The undersigned represents that Plaintiff's counsel concurs with this Motion. Respectfully submitted, � rP BY' . � J Melissa P. Greevy, Esquire NICHOLAS W. COLLETTE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2008-4785 CIVIL ACTION-LAW MELISSA A. COLLETTE, • Defendant : IN CUSTODY CUSTODY STIPULATION AND NOW, this day of cJ / , 2014, the parties, Nicholas W. Collette, Plaintiff(hereinafter _fatherland Melissa A. Collette, Defendant (hereinafter Mother), having reached an agreement with regard to the best interest and welfare of their minor children Chase J. Collette, born in, 2005 and Logan M. Collette, born in, 2007; hereby enter into this Custody Stipulation as follows: 1. The Father, Nicholas W. Collette and the Mother, Melissa-A. Collette, n/k/a Melissa-ann Kelly, shall share legal custody of Chase J. Collette, born November 28, 2005 and Logan M. Collette, born May 3, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children general well-being, including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. § 5336, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious, or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents, including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children s parties, musical presentations, back-to- school nights, and the like. 2. During the school year: A. Mother and Father shall share physical custody of the children as follows: B. Mother shall have custody of the children on her alternating weekends from Friday at 3:45 p.m. to Tuesday when school is dismissed, every Wednesday from the time school is dismissed to Thursday when school is dismissed and at the end of Fathers alternating weekends on Sundays at 7:00 p.m. until Tuesday when school is dismissed . C. Father shall have custody of the children on alternating weekends, Friday at 3:45 p.m. to Sunday at 7:00 p.m., and every Tuesday from the time school is dismissed to Wednesday when school is dismissed, and every Thursday from the time school is dismissed to Friday at when school is dismissed. D. When school is in session, the parent who is relinquishing custody shall provide transportation of the children to their schools, and the parent who is beginning their period of custody shall arrange to have the children picked up from school. E. On days when school is not in session, the parents shall share custody of the children as follows: i. Mother shall have custody of the children on her alternating weekends from Friday at 8:00 a.m. to Monday at 8:00 a.m. and on every Monday at 8:00 a.m. to Tuesday at 8:00 a.m., every Wednesday at 8:00 a.m. to Thursday at 8:00 a.m. and at the end of Fathers alternating weekends on Sundays at 8:00 p.m. until Tuesday at 8:00 a.m. ii. Father shall have custody of the children on alternating weekends from Friday at 8:00 a.m. to Sunday at 8:00 p.m. and every Tuesday at 8:00 a.m. to Wednesday at 8:00 a.m. and every Thursday at 8:00 a.m. to Friday at 8:00 a.m. 3. During the summer school recess: A. Mother and Father shall share physical custody of the children as follows: B. Mother shall have custody of the children on her alternating weekends from Friday at 3:45p.m. to Monday at 8:00 a.m., every Monday and Wednesday from 8:00 a.m. until 3:45 p.m. the following day, every Friday from 8:00 a.m. to 3:45 p.m. and at the end of Fathers alternating weekends from Sunday at 8:00 p.m. until Tuesday at 3:45 p.m. C. Father shall have custody of the children on alternating weekends from Friday at 3:45 p.m. to Sunday at 8:00 p.m., and every Tuesday and Thursday overnight from 3:45 p.m. to the following morning, no later than 8:00 a.m. unless agreed otherwise. 4. The parties shall cooperate with therapeutic family and co-parent counseling as recommended by Laurie Pittman, Ph.D and Ashley Milspaw, Psy. D. in ChaseL evaluation performed on February 18, 2014. Mothers willingness to agree to enter this Stipulation is based on Fathers representation that he will cooperate with and participate as indicated in the evaluatorsJeport. Counseling shall include spouses, if recommended by the provider. 5. Transportation shall be shared as agreed by the parties. 6. Neither parent shall, nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children to the other parent, or hamper the free and natural development of the Children s love and respect for the other parent. 7. Holidays/vacations shall take precedence over the regular custody schedule. HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the Mother Father evening before the holiday to 6pm the day of the holiday Memorial Day From 6pm the Father Mother evening before the holiday to 6pm the day of the holiday Independence Day From 6pm the Mother Father evening before the holiday to 6pm the day of the holiday Labor Day From 6pm the Father Mother evening before the holiday to 6pm the day of the holiday Thanksgiving 15t Half From 6pm the Mother Father evening before the holiday to 3pm on Thanksgiving Day Thanksgiving 2"0 Half From 3pm on Father Mother Thanksgiving Day to 6pm the day after Thanksgiving Day Christmas 151 Half From 9am on 12/24 to Father Mother 3pm on 12/25 Christmas 2"° Half From 3pm on 12/25 to Mother Father 3pm on 12/26 Mothers Day From 6pm the Mother Mother evening before the holiday to 6pm the day of the holiday Fathers Day From 6pm the Father Father evening before the holiday to 6pm the day of the holiday Each parent shall be entitled to two non-consecutive weeks of vacation each year. For purposes of this Agreement a week shall be defined as 7 over nights. The vacation week shall commence on the vacationing parents ordinary custodial weekend. The parties shall provide each other with at least a thirty- day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, Father shall have first choice of vacation weeks in 2014 and subsequent even numbered years and Mother shall have first choice of weeks in 2015 and subsequent odd numbered years. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 8. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 9. In the event the children spends overnight at a place other than their primary residence, the parties shall provide the other parent the address and telephone number and the full name(s) of the supervising adult(s) where the children are spending the night. 10. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order controls. 11. The parties agree that their signature below evidences their intent to be bound by the terms of this agreement, and their wish to have the terms of this agreement adopted as an Order of Court, which shall be as enforceable as if e ered following notice, evidentiary hearing and a Judicial decision. 1� / / f Lcicholas Co lette Melissa) \J4) lette n/k/a Melissa-ann Kelly Plai u Defendant ic (cc..9 ON- 1 Ap-oy Gallow. ', sq. Melissa P. Greevy, Es orney for Plaintiff Attorney for Defend CERTIFICATE OF SERVICE AND NOW, this 44‘) day of July, 2014, the undersigned does hereby certify that she did this date serve a true and correct copy of the foregoing Motion for Entry of Order upon Stipulation upon counsel of record by depositing same in the United States Mail, first-class postage prepaid, addressed as follows: Roy L. Galloway, Esquire 717 Market Street, Suite 102 Lemoyne, PA 17043 JOHNSON, DUFFIE, STEWART &WEIDNER By: JP6 -t Melissa P. Greevy :642451 ntis.)1 is co PLAINTIFF vs. r r/ 1840, c0186 -R4 ti y 48 //. / � Sys yC AcoUyr, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA �f�R�1�SA Cc�it�� DOCKET NO.40/0 " , f "r CIVIL ACTION - LAW DEFENDANT IN ENTRY OF APPEARANCE AS A SELF -REPRESENTED PARTY 1. I am the aintiff ❑ Defendant in the above -captioned (MARK ONE) 8 stody, 0 divorce, ❑ support, 0 protection from abuse, 0 paternity case. 2. 0 This (MARK ONE) 12 is 0 is not a new case and I am representing myself in this case and have decided not to hire an attorney to represent me. OR (check only one box) This is NOT a new case and RU'Yf &� )/tit,,/ ) C sp / (Name of Attorney) represented me in this case. I have decided not to be represented by that attorney and direct the Prothonotary to remove that attorney as my counsel of record in this case. previously I have provided a copy of this form to that attorney listed above at the following address: OR (check only one box) ❑/ I am entering my appearance as a self -represented party (sign) My attorney acknowledges his/her with• awal as my attorney in this case. (Attorney signature) , Esq. 3. My address for the purpo �f receiving all future pleadings and other legal notices is: a 90 rI aLASTDAJE �..T MAA) CA, 6iip2A14,4 PA (1O?b . I understand that this address will be the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I do not miss important deadlines or proceedings. This is my home address. ❑ This is not my home address. 4. My telephone number where I can be reached during normal business hours (8:00 a.m. - 4:30 p.m. Monday - Friday) is 717-;211- 9Y2'y email address is di C.,104CO LEITE.J fl MpILcom 0 My telephone number and email address are confidential pursuant to a Protection From Abuse Order. 5. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES. 6. I have provided a copy of this form to all other attorneys or other self -represented parties at the following addreswe as listed below: (Use reverse side if you need more space) Name))'bga: 44 r d� �� Address 717 rta A j- O2 ) 0)r.p7) i7G43 Name j47..h.- �tfQr,?)ES7.. Address :5011M#d€.ei 34= 4-e",4.yAix )�� )?t�y3. • 7. I fully understand that by deciding to represent myself, the Court will hold me to the same standards of knowledge regarding the statutory law, evidence law, Local and State Rules of Procedure and applicable case law as a Pennsylvania licensed attorney, and that I must be fully prepared to meet those responsibilities. I verify that the statements made in this Entry of Appearance as a Self -Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S. § 4904 relating to unsworn falsificati 4o authorities which could result in a fine and/or prison term. i ‘ iribli Date Signature (Your Signature r CERTIFICATE OF SERVICE AND NOW, this 30 day ofu Ly , 2014, the undersigned does hereby certify that he did this date serve a true and correct copy of the! foregoing Entry of Appearance as a Self -Represented Party upon counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: NICHOLAS W. COLLETTE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. MELISSA A. COLLETTE, Defendant : No. 2008-4785 CIVIL ACTION -LAW zrn ,2116 : IN CUSTODY cn -t» .L- CUSTODY ORDER mac', -_? D w cc --s - c..� o: AND NOW, this day of No 5 U s L , 2014, the parties having reached an agreement regarding the best interest of the subject minor children, Chase J. Collette, born in 2005 and Logan M. Collette, born in 2007, it is hereby ordered and decreed that the terms of the Custody Stipulation entered into between the parties, which is attached hereto, is entered as an Order of Court. BY THE COURT: jaistribution: Roy L. Galloway III, Esquire, The Law Office of Roy Galloway, LLC, 717 Market St., qvite 102, Lemoyne, PA 17043 ../Melissa Greevy, Esquire, Johnson Duffle Stewart and Weidner, 301 Market St., P.O. Box 109 Lemoyne, PA 17043-0109 Qac es trt, 41/1y F// E NE. J� � ,nV/MONU)'`/'" 70&OCT ~3 PH /:�� —, CUMBERLAND UCONVTY ."'u/LvA N/A NICHOLAS VKCDLBTTE. IN THE COURT OF COMMON PLEAS PLAINTIFF VS. MELISSA -ANN COLLETTE, DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-4785 CIVIL ACTION - LAW IN CUSTODY ENTRY OF APPEARANCE AS A SELF -REPRESENTED PARTY 1. I am the 0 Plaintiff IN (MARK ONE).Mouetody.[]divorce, []support, 0 protection from abuse, 0 paternity case. 2. [] This (MARK ONE) 0 is 0 is not a new case and I am representing myself in this case and have decided not to hire an attorney to represent me. OR (check only one box This is NOT a new case and previously (Name of Attorney) represented me in this case. I have decided not to be represented by that attorney and direct the Prothonotary to remove that attorney as my counsel of record in this case. I have provided a copy of this form to that attorney listed above at the following address: OR (check only one box) ` |ome�ongmya�eu�ooaom party (sign) K1yattorney ocknow|edghis���rv�draw'| inUh�case. / � (Attorney �ure L -0��t Esq. ..- 3. My address for the purpose of receiving a future pl'adingo.ndother legal notices is: 542 Poplar Church Rd„ Camp Hill, PA17D11'1832. I understand that this address w e the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I do not miss important deadlines or proceedings. This is my home address. 0 This is not my home address. 4. My telephone number where I can be reached during normal business hours (8:00 a.m. - 4:30 p.m. Monday - Friday is 717-877-5371. My email address is melissaann112805.gmail.com. 0 My telephone number and email address are confidential pursuant to a Protection From Abuse Order. 5. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES. 6. I have provided a copy of thiform ll otheother parties at the following addresses as listed below: (Use reverse side if you need more space) Name Nicholas W. Collette Address 290 Fieldstone Court, New Cumberland, PA 17070'2879 Name Address 7. I fully understand that by deciding to represent myself, the Court will hold me to the same standards of knowledge regarding the statutory law, evidence law, Local and State Rules of Procedure and applicable case law as a Pennsylvania licensed attorney, and that I must be fully prepared to meet those responsibilities. I verify that the statements made in this Entry of Appearance as a Self -Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities which could result in a fine and/or prison term. 9fc; D - Signature (Your Signa ure) CERTIFICATE OF SERVICE AND NOW, this 2-- day of October, 2014, the undersigned does hereby certify that she did this date serve a true and correct copy of the foregoing Entry of Appearance as a Self -Represented Party upon Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne. Pennsylvania, addressed as follows: Nicholas W. Collette 290 Fieldstone Court New Cumberland, Pa 17070-2879 JOHNSON, DUFFIE, STEWART & WEIDNER :651775