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HomeMy WebLinkAbout08-4937'J Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Peter Anthopolos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, ) Plaintiff ) NO. 6 q? 3 7 G 4 cot, v. ) PENNY H. ANTHOPOLOS, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FF ES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, ) Plaintiff ) V. ) PENNY H. ANTHOPOLOS, ) Defendant ) NO. 6R- -y937 c:,.; I -f CIVIL ACTION - LAW IN DIVORCE/CUSTODY COMPLAINT FOR DIVORCE AND NOW, comes Plaintiff, Peter Anthopolos, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Complaint for Divorce and in support thereof avers as follows: Plaintiff is Peter Anthopolos, an adult individual who currently resides at 107 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Penny H. Anthopolos, an adult individual who currently resides at 107 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint; Defendant has been a bona fide resident of Pennsylvania for the last five (5) months. 4. Prior to relocating to Pennsylvania, both parties resided in Knoxville, Tennessee. 5. Plaintiff and Defendant married on October 23, 1999 in Hartford, Connecticut. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or it allies within the provisions of the Servicemembers' Civil Relief Act. 7. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction since 2001. In 2001, Defendant Filed a Complaint for Divorce in Connecticut, which was withdrawn. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the Court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO §3301(c) OR (d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree of divorce pursuant to §3301 of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, as well as tangible and intangible, during their marriage, which property is "marital property" under the Divorce Code. 13. Plaintiff and Defendant have acquired debts during their marriage, which the Court must also equitably divide. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably divide all marital assets and debts. 2 COUNT III - REQUEST FOR PRIMARY CUSTODY UNDER §3104(a)(2) AND §3323(b) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The parties are the biological parents of the following unemancipated child, born of the marriage, who presently resides with both Plaintiff and Defendant at 107 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050: Name Date of Birth Dorian P. Anthopolos January 7, 2004 16. During the four (4) years of the child's life, the child has resided with the parties at the addresses herein indicated: From To March 21, 2008 Present February 18, 2008 March 19, 2008 April, 2006 February 17, 2008 With Whom Address Plaintiff & Defendant 107 Franklin Square Mechanicsburg, PA 17050 Defendant 9204 Shady Mill Lane Knoxville, TN 37922 Plaintiff & Defendant 9204 Shady Mill Lane Knoxville, TN 37922 Birth April, 2006 Plaintiff, Defendant & 3008 Windy Ridge Point Maternal Grandparents Knoxville, TN 37922 17. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 18. There are no other proceedings pending involving custody of the child in this or any other state. 3 19. Since the family's agreed upon relocation to Pennsylvania, to permit Plaintiff to advance in his employment, the child has developed a significant connection with the state as he has consistently attended Londonderry Preschool since April, and the child will be starting the next level of Londonderry Preschool in September. 20. Plaintiff knows of no other person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 21. The best interests and permanent welfare of the child are served by granting Plaintiff sole legal custody and primary physical custody, and initially limiting Defendant to periods of supervised visitation, in light of, inter-alia, the following: A. Defendant has battled severe depression since the age of 16, and she continues to grapple with major depression, which is formally diagnosed as major depression, recurrent, severe. In 2007, her diagnosis was major depression, severe, with psychotic features; B. As a result of Defendant's longstanding depression, she has been hospitalized on countless occasions, including, most recently, a five (5) day hospitalization at Philhaven Hospital in June of 2008 after exhibiting suicidal ideation; C. After her five (5) day hospitalization at Philhaven, Defendant was placed into Philhaven's Acute Partial Program for further treatment, but Defendant has stopped her attendance against medical advice; D. In addition to terminating her attendance at the Acute Partial Program against medical advice, Defendant is not in regular psychotherapy despite professional recommendations for same; 4 E. In 2007, Defendant was hospitalized on at least two occasions in Tennessee, and throughout 2007 her ability to function was so poor her treating psychiatrists assigned an extremely low "general area of functioning" in the range of 25-50; F. Defendant presently receives social security disability due to her severe recurrent depression, which has prevented her from working since 2003; G. Defendant has suffered from suicidal ideation throughout the years as a result of her depression, including, most recently, June of this year, a catalyst to her Philhaven hospitalization; and H. Defendant's depression has been so severe at times over the last several years she has been unable to adequately care for herself let alone the minor child without assistance from Plaintiff and third persons, as Plaintiff avers in more detail in the petition for special relief filed simultaneously herewith. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order awarding primary physical custody of the minor child to Plaintiff, as well as sole legal custody, in light of Defendant's current state. Respectfully submitted, Date: Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Peter Anthopolos VERIFICATION I, Peter Anthopolos, hereby swear and affirm that the facts contained in the foregoing Comnlaint for Divorce 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 relating to unworn falsification to authorities. Date: 8/18/08 PETER ANTHOPOLOS 13- F `1- c O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, Plaintiff NO. D3-- 41 737 G??t1 7e-f? V. PENNY H. ANTHOPOLOS, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE NATURE OF REQUEST FOR WRIT OF NE EXEAT AND REQUEST FOR COMPREHENSIVE PSYCHIATRIC EXAMINATION AND NOW, comes Plaintiff, Peter Anthopolos, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Petition for Special Relief in the Nature of Request for Writ of Ne Exeat and Request for Comprehensive Psychiatric Examination and in support thereof avers as follows: 1. Petitioner is Peter Anthopolos ("Father"), Plaintiff in the above-captioned divorce and custody action who presently resides at 107 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Penny H. Anthopolos ("Mother"), Defendant in the above- captioned divorce and custody action who presently resides at 107 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. Mother and Father are the biological parents of Dorian P. Anthopolos, age 4, born January 7, 2004, who was born and initially resided in Tennessee but presently lives with Mother and Father at the marital residence within Cumberland County. 4. Simultaneously herewith, Father files a Complaint for Divorce, in which he raises a count for sole legal and primary physical custody and requests Mother's access to the child be limited initially to supervised visitation pending the psychiatric examination requested herein. Pursuant to Rule 1915.3 of the Pennsylvania Rules of Civil Procedure, at anytime after the commencement of a custody action a party may file a petition for special relief seeking, inter-alia, an award of emergency temporary custody and the issuance of a writ of ne exeat. 6. After their marriage, Mother and Father, who are both lawyers, lived and practiced law in Connecticut. Mother has battled acute depression since the age of 16, and in approximately 2001 her depression increased in severity to such an extent to force her to leave her prominent employment in Connecticut. 8. Mother's depressive symptoms thereafter became so acute that Mother and Father relocated to Knoxville, Tennessee, where Mother's parents reside, to have Mother's parents assist Father in caring for Mother while Father pursued additional education. 9. Between 2001, when Mother was hospitalized in a psychiatric institution for suicidal ideation, and 2003, Mother was treated regularly with intensive psychotherapy and psychotropic medication; during that time her depression was such to warrant electroconvulsive therapy. 10. After 2003, Mother became less diligent in maintaining regular psychotherapy appointments. 3 11. In approximately 2005, due to the severity of Mother's depression increasing once again, Mother returned to a psychiatrist, was diagnosed with major depression, recurrent, severe, and resumed regular intensive psychotherapy as well as a renewed regimen of psychotropic medication. 12. In April, 2006, roughly two (2) years after the birth of their child, Mother was again hospitalized in a psychiatric institution for major depression with suicidal ideation. 13. As a result of Mother's ongoing, severe major depression, in 2006 Mother applied for social security disability, which benefits were granted on October 25, 2007. 14. Mother continues to receive social security disability as a result of her major depression, and since 2003, she has been unable to maintain employment due to the severity of her illness. 15. In 2007, Mother was hospitalized on at least two occasions, in February and July, again as a result of severe depression and suicidal ideation, which prevented Mother from caring for herself or the minor child for most of that year. 16. In 2007, Mother's depressive symptoms again rose to the level necessitating additional electroconvulsive therapy. 17. In June of 2007, as part of Mother's request for social security disability benefits, she underwent a psychological evaluation, which report found Mother suffered from auditory hallucinations; was markedly distraught; and was unable to care for herself without assistance. 4 18. The psychological evaluator found Mother suffered from major depressive disorder, severe, recurrent with psychotic features as well as panic disorder with agoraphobia. 19. The report further found significant impairment on the part of Mother and an inability to maintain normal daily functioning without assistance. 20. At the beginning of 2008, the parties agreed to relocate to Pennsylvania to allow Husband to take a position as a patent attorney with a large Harrisburg firm. 21. In mid February, 2008, Father relocated to the Harrisburg area to begin his employment; Mother and the minor child joined Father in Pennsylvania on March 21, 2008. 22. Since then, Father, Mother and the child have continuously resided in Pennsylvania, and the child is attending preschool in the Harrisburg area. 23. In March of 2008, before Mother and the child joined Father in Pennsylvania, Mother inexplicably left the child with her parents and flew to Toronto, Canada in the hope of meeting an individual she had recently met online. 24. Mother spent two days in Toronto before returning. 25. In approximately May of 2008, after Mother and the child joined Father in Pennsylvania, Mother again took off, this time without notice, and again traveled to Toronto, Canada; this time, Mother awoke in the middle of the night and took one of the parties' vehicles. 26. Father did not learn that Mother was gone from the marital residence until early the next morning, and it again took Father time to locate Mother's whereabouts after contacting the police and filing a missing persons report. 27. Father received a call from an individual in Toronto, Canada, the same person with whom Mother had spoken to online, advising him that Mother was in Toronto. 28. Mother's mental state continued to deteriorate over the first half of 2008, which resulted in Mother again being hospitalized, this time in June, 2008, when Mother was hospitalized at Philhaven after again exhibiting suicidal ideation and after formal commitment proceedings were started. 29. Mother was committed to Philhaven and ended up being hospitalized for five days in Philhaven's inpatient program. 30. After her five day hospitalization, Mother was placed into Philhaven's Acute Partial Program, an all day intensive outpatient partial hospitalization program, in order to receive further treatment. 31. However, Mother only attended three days at said program before unilaterally discontinuing her therapy. 32. The doctors at Philhaven attempted to contact Mother by telephone regarding her absence and to implore Mother to continue with the prescribed treatment. 33. After failing to contact Mother, Philhaven sent a letter to Mother dated July 15, 2008 acknowledging Mother had failed to follow the prescribed treatment regimen and that, as a result, she had been discharged from the program against medical advice. A copy of the July 15, 2008 letter from Philhaven, along with the discharge instructions, is attached hereto collectively as Exhibit "A" and is incorporated herein by reference thereto. 34. The correspondence from Philhaven strongly recommends continuing outpatient therapy and regular psychotherapy. 6 35. Notwithstanding such recommendations, Mother is not in regular psychotherapy. 36. The discharge sheet from Philhaven further outlines the various powerful psychotrophic medications Mother is presently prescribed for depression, anxiety and sleep disturbance. 37. Because of Mother's most recent hospitalization, her most recent episode of suicidal ideation and her refusal to follow the medical advice tendered, Father has serious concerns about Mother's safety and her ability to care for herself and the child; Father also has concerns regarding the child's safety while in Mother's care. 38. Over the last several years, Mother has readily acknowledged her inability to care for herself and the child properly and her need for assistance in such matters. 39. Mother recently told Father she felt their marriage was over and that she wanted to vacate the marital residence. 40. Mother also intimated on more than one occasion recently that she may return to Tennessee and take the minor child with her. 41. Father learned prior to the start of this past weekend that Mother's parents were traveling to Pennsylvania and staying in the area through Tuesday, August 19, 2008. 42. On Thursday, August 14, 2008, Mother advised Father she likely intends to return to Tennessee with her parents on Tuesday, August 19, 2008 and take the child with her; she confirmed her intentions over the weekend. 7 43. Given Mother's present mental state, and her inability to care for the child, the child's best interests will be irreparably harmed if Mother is permitted to remove the child from this Court's jurisdiction. 44. In light of such irreparable harm, Father hereby seeks the issuance of a writ of ne exeat preventing either party from removing the child from the state of Pennsylvania, the jurisdiction of this Court, pending adjudication of Father's complaint for primary custody, which has been filed simultaneously herewith. 45. Pursuant to Rule 1915.8 of the Pennsylvania Rules of Civil Procedure, a custody court has the authority to direct a party undergo a comprehensive psychiatric evaluation if in the best interest of the child. 46. This Court has a paramount duty to "ensure that as full and complete a record as possible is created when the decision as important as the welfare of a child is at issue." Moore v. Moore, 634 A.2d 163 (Pa. 1993). 47. In order to create the full and complete record necessary, this Court must conduct a searching inquiry into Mother's present psychiatric condition and the impact said condition has upon the child's best interests. 48. Father stresses the instant petition does not seek an award of temporary custody but, simply, a prohibition against taking the child outside the jurisdiction of the Court pending hearing on the merits of Father's custody complaint as well as an order directing Mother to engage in a comprehensive psychiatric examination. 49. Inasmuch as both parties continue to reside in the marital residence, and Father feels it is in Mother's best interests to remain in the home to ensure her proper care, each parent will continue to have access to the minor child during the course of the instant custody action, and Mother is not prejudiced by the relief requested herein. 50. However, if either party vacates the marital residence, Father avers he must be deemed the custodian of the child to effectuate the child's best interests. 51. Because Father's Petition for Special Relief accompanies his initial complaint, no judge has previously been assigned to this case. 52. Because the instant Petition seeks emergency special relief, and as Defendant is not known to be represented by counsel, the undersigned counsel has not sought concurrence for the relief requested. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant the instant Petition for Special Relief and Request for Comprehensive Psychiatric Examination and enter an order directing the following: A. That a writ of ne exeat be issued preventing either party from removing the minor child from the state of Pennsylvania and the jurisdiction of this Court pending adjudication of the underlying custody complaint; B. That, pending hearing on the merits, the minor child continue to reside at the marital residence, 107 Franklin Square, Mechanicsburg, Cumberland County, Pennsylvania 17050 absent further order of court or agreement of the parties; C. If either party vacates the marital residence, the child remain in the custody of Plaintiff pending hearing on the merits. 9 D. That Defendant be directed to undergo a comprehensive psychiatric examination by a licensed medical professional determined by the Court, and that said professional submit a report to the Court, and both parties, in a timely fashion; E. That both parties cooperate in said psychiatric examination and that the failure to cooperate will result in potential sanctions; and F. Any other relief the Court deems just, equitable or in the child's best interests. Date: f-11 f-d Respectfully submitted, Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Peter Anthopolos 10 VERIFICATION I, Peter Anthopolos, hereby swear and affirm that the facts contained in the foregoing Plaintiff's Petition for Special Relief in the Nature of a Requeffite true and for Writ of Ne Exeat and Request for Comprehensive Psychiatric Examination correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 8/18/08 6?? L. PETER ANTHOPOLOS V??1b,? ? I baven Promoting hope, healing and wholeness July 15, 2008 Penny Anthopolos 107 Franklin Square Mechanicsburg, PA 17050 Dear Mrs. Anthopolos: This letter is to inform you that since you have not responded to our phone messages regarding the status of your participation in the Acute Partial Program, you have been discharged from the program against medical advice. A copy of your discharge instructions is enclosed. We would highly recommend follow-up with an outpatient provider for therapy and psychiatrist for medication management. If you do not have current outpatient providers, below I have listed some recommendations for therapists and psychiatrists through Philhaven. Please contact Philhaven's Central Scheduling office by calling 273-8871. They will assist you in making your follow-up appointments. I would recommend the following therapists: Deb Brill, Philhaven Harrisburg Outpatient Rebecca Snyder, Philhaven Harrisburg Outpatient Hilary Speece, Philhaven Harrisburg Outpatient For medication management, I would recommend the following psychiatrists: Dr. Mohammad Ikram, Philhaven Harrisburg Outpatient Dr. Nhien Nguyen, Philhaven Mt. Gretna Outpatient Sincerely, Reni Weixler, M.A. Philhaven Adult Day Program lmw Enclosure 283 South Butler Roar! - P.O. Box 550 - Mr. Gretna, PA 17064 - Telephone: 717-273-8871 - Fax: 717-270-2452 • www.philhuven.org 283 S. Butler Road - ve P.O. Box 550 Mt Gretna, PA 17064 (717) 2738871 Adult Day Hospital Discharge Instructions Please take this document to your aftercare appointments. Admission Date: 07/03/2008 TREATMENT TEAM: Attending Psychiatrist: Jeremy Walters, M.D. Discharge Date: 07/15/2008 Nurse: Marlene Hess, R.N.C., B.S.N. Therapist: Reni Weixler, M.A. STATUS Discharged to: X Self Family Other Discharge type: Regular X AMA IOC PRESENTING PROBLEM: X Suicidal or self-harm ideation Inability to care for self X Depression Psychotic Symptoms _COURSE OF TREATMENT: X Therapeutic groups and activities X Medication management X Individual therapy Joint session(s) with significant other(s) Other DISCHARGE CONDITION/RECOMMENDATIONS: Penny attended three days in the Acute Partial Program Several attempts were made to contact her regarding her attendance in the program She did not return any of the phone calls. She was discharged from the program against medical advice. She was also sent a letter recommending that she make follow-up appointments with outpatient providers. DIAGNOSIS: Major Depressive Disorder, Recurrent, Severe, Without Psychotic Features Allergies and Reactions: Antihistamines, Mold wnTrATi[lNS Medication Dose/Administration Number of Refills Rationale for Medication Wellbutrin SR 500 mg in AM & 150 m in PM Depression Dexedrine 20 in AM & PM Depression Klono in 1 m four times daily Anxiety Ambien 10 at bedtime Sleep Ativan 1 mg every eight hours as needed Anxiety Medication Supervision Required Discharge Instructions PC-240 01-2008 Yes X No Patient Name: Anthopolos, Penny H. Patient Number: 272459 Admit Date: 07/03/2008 Page: I ,ecial Instructions: Avoid driving until given permission by your physician. X Avoid alcohol and drug use due to serious interactions with your medications You may return to worldschool. Letter provided Yes No N/A Self Help AA/NA Alanon Other AFTERCARE: Therapist: Phone: Address: Appointment: Medication Management: Phone: Address: Appointment: Primary Care Physician: Phone: Address: Appointment: Name: Phone: Address: Appointment: If you have a problem contact Philhaven Access Center at 717-173-8871 or 1-800-931-0359 In an emergency contact Crisis Intervention or, Cumberland and Perry County Mental Health Agency: (717) 240-6320 Holy Spirit Hospital Teen Line: 1-800-722-5835 or (717) 763-2345 Dauphin County Dauphin County Crisis Intervention: (717) 232-7511 Holy Spirit Hospital Teen Line: 1-800-722-5835 or (717) 763-2345 Lancaster County Lancaster County Crisis Intervention: (717) 394-2631 Lebanon County Lebanon County Crisis Intervention: (717) 2743363 York and Adams County York County.Crisis Intervention (717) 851320 Adams Coi,mty Crisis Intervention (day) 717=632-4900 (evemne 17-633-2000 t(? , { *,Berln COYnIy ` ' .' °K A ? ? ?r:r?• ? . a r????i+??'s'Xp r ,F?? '' ,?+?4 •; Herki County Crisis Intervention: (610) 236-0530 f r r a. THEABOVE Patient Signature: Date: INSTRUCTIONS, INCLUDING THE EFFECyS Pare it/Guardiaa Signature: Date: OF MEDICA 77ONS, HAVE BEEN REVIEWED WITH ME Staff Signature: Date' AND 1 UNDERSTAND THEM. Staff Signature: Date: Discharge Instructions Patient Name: Anthopolos, Penny H. PC-240 01-2008 Patient Number: 272459 Admit Date: 07/03/2008 Page: 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, Plaintiff V. PENNY H. ANTHOPOLOS, Defendant NO. CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Peter Anthopolos, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition for Special Relief in the Nature of Request for Writ of Ne Exeat and Request for Comprehensive Psychiatric Examination was served upon Defendant, Penny H. Anthopolos, via hand delivery on August 18, 2008 along with Plaintiff's Complaint. Penny H. Anthopolos 107 Franklin Square Mechanicsburg, PA 17050 Date: -'e-11FI, s Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Peter Anthopolos t?. AUG 18 2008 Darren J. Holst, Esquire I IOWETT, KISSINGER & HOLST, P.C. i30 Walnut Street P.O. Box 810 Harrisburg, PA 17108 "Telephone: (717) 234-2616 Counsel for Plaintiff, Peter Anthopolos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, Plaintiff V. PENNY H. ANTHOPOLOS, Defendant NO. ?U'`t CIVIL ACTION - LAW IN DIVORCE/CUSTODY RULE TO SHOW CAUSE AND TEMPORARY ORDER AND NOW, this I P 4day of 2008, upon consideration of Plaintiff's Petition for Special Relief in the Nature of Request for Writ of Ne Exeat a jues?- `I??fPn a x,-1??nn I pe10s, to-?hnu? calls , if any, why the relief requested t e in shn ild not hP uranted Sair1 12i? +: lS?etl?ahlP nn later than rlay? from he slat l?arin_? .?rnrlPrciCnPd i? hereby?cheduled for the in um er an oun y ourt ouse, ne - - 387. 144hermoft,fis hereby ORDERED and DECREED that, pending hearing bofQ;@4W.- i,nd ,rsi n_ed, neither party, nor any third persons on their behalf, shall remove the minor child, Dorian P. Anthopolos, born January 7, 2004, from the Commonwealth of Pennsylvania and the jurisdiction of this Court. BY THE COURT: Distribution: Darren J. Holst, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 H An h 1 107 F nkl' S are Mechanicsbur PA 17050 &-- 0& Penny t opo os, ra m iiar,? PA 17050 `Cd?Y u?.21ed 0'-l rr'- v8- 69l 0 S: I 1 Wv 8 f qnv aloz Alai a , '-d:3 ?? Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ImacIgyP_dzmmglaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, Plaintiff Docket No. 2008-4937 V. CIVIL ACTION - LAW PENNY H. ANTHOPOLOS, (In Divorce and Custody) Defendant : PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance and that of Daley Zucker Meilton Miner & Gingrich, LLC, on behalf of the Defendant, Penny H. Anthopolos, in the above-captioned Divorce and Custody matters. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Dater By. n say Gin Macl , E quir 4Attorney I.D. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Defendant r? ;-.:, ?? ? -n ;. ? ? ?,. ? ? ,T.4 . ? ? ?„ ..?? ?„? .. 1 ?-$ ? ?r ? ? ? ? ? Y ?. ? V «? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, Plaintiff NO. 2008 - 4937 CIVIL TERM V. PENNY H. ANTHOPOLOS, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Edgar J. Siptroth, Jr., being duly sworn according to law, depose and say that I am a competent adult over the age of 21, not a party to this lawsuit, and that I served a true and correct copy of a Complaint for Divorce and Petition for Special Relief on Penny H. Anthopolos, the above-captioned Defendant, on the / day of 14U U 2008 by way of personal service, hand delivery. Edgar . Si oth, Jr. SWORN to and subscribed before me this (791" day of 2008. Notar Public OOMMONMfEA11H OF PENNSYLVANIA =DAUPHIN GONNA qt7 OF H " r? r? Cr, C.. a, ; ? r r7 rr PETER ANTHOPOLOS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PENNY H.ANTHOPOLOS DEFENDANT 2008-4937 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 27, 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 Tuesday, September 30, 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 r 0c It vl ?i 1 U Lindsay Gingrich Maclay, Esquire DALBY ZUCKER MEILTON M>NER & G>NOtum LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657AI95 lmaclay dm aw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, Plaintiff Docket No. 2008-4937 V. PENNY H. ANTHOPOLOS, Defendant CIVIL ACTION - LAW (In Divorce and Custody) STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this ?ecsrwbk day of lw0%9!F, 2008, by and between Peter Anthopolos (hereinafter referred to as "Father") and Penny H. Anthopolos (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSET14 THAT: WHEREAS, the parties were married on October 23, 1999 in Hartford, Connecticut; and WHEREAS, the parties are the natural parents of one (1) minor child, namely, Dorian P. Anthopolos, whose date of birth is January 7, 2004 (hereinafter referred to as "Dorian"); and WHEREAS, the parties separated on or about August 18, 2008; and WHEREAS, Father filed a Complaint for Divorce and Custody on August 18, 2008 and simultaneously therewith filed a Petition for Special Relief in the Nature of Request for Writ of Ne Exeat and Request for Comprehensive Psychiatric Examination; and WHEREAS, the Honorable Kevin A. Hess issued an Order on August 18, 2008 granting Plaintiffs Petition for Special Relief in the Nature of Request for Writ of Ne Exeat, and referring all other matters to Conciliation with Custody Conciliator Jacqueline Verney. WHEREAS, the Custody Conciliation Conference had been rescheduled for Friday, October 17, 2008 at 1:30 p.m.; and WHEREAS, the parties hereto, through counsel, have reached an agreement with regard to custody of Dorian; and WHEREAS, the parties now wish to formalize and memorialize the terms of their agreement and have their agreement entered as a Court Order. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1) The parties shall share legal custody of Dorian. Legal custody means the right of both parents to control and to share in making decisions of importance in the life of Dorian, including educational, medical, and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting Dorian's general well-being, including, but not limited to, all decisions regarding his health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to Dorian. If Dorian is sick and is unable to attend preschool, school, or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of Dorian with health care providers, sufficiently in advance thereof so that the other party can attend, if he or she so chooses. Moreover, both parents shall share equally the decision-making concerning Dorian's involvement in sports and/or other extracurricular activities. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal access to all records and information pertaining to Dorian, including, but not limited to, Dorian's school, medical, dental, religious and other important records, including Dorian's residence address and that of the other parent. As soon as practical after the receipt by a party, copies of Dorian's preschool and school schedules, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of Dorian's report cards and other reasonable papers affecting Dorian's education, medical condition or welfare. Both parents shall be listed as emergency contacts and authorized individuals to pick up Dorian at preschool and/or school. Notwithstanding that both parents shall share legal custody, non-major decisions involving Dorian's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation. 2) Physical custody of the Dorian, as that term is defined in the Custody Act, shall be pursuant to the schedules as set forth below. Until such time as Father relocates to Lancaster County, Pennsylvania: Monday: Mother takes Dorian to preschool/school by 9:00 a.m. and picks him up from school by noon3. Mother will have Dorian overnight. s Dorian is enrolled in the "part-time, extended" program at the Montessori Academy of Lancaster. In said program, Mother shall, on Mondays and Fridays, drop off Dorian at school at 9:00 a.m. and pick up Dorian at noon. On Tuesdays, Wednesdays and Thursdays, Mother shall drop off Dorian at school at 9:00 a.m. and pick him up at 3:00 pm. Tuesday: Mother takes Dorian to preschool/school and picks him up from preschool/school. Mother will have Dorian overnight. Wednesday: Mother takes Dorian to preschool/school and picks him up from preschool/school. Father will pick up Dorian from Mother's house and have custody of Dorian from 6:30 p.m. until 8:30 p.m. when Father will drop Dorian back off at Mother's house4. Mother has Dorian overnight. Thursday: Mother takes Dorian to preschool/school and picks him up from preschool/school. Mother has Dorian overnight. Friday: Mother takes Dorian to preschool/school and picks him up from preschool/school. Mother will drive Dorian to Father's office in Harrisburg to arrive at approximately 6:30 p.m. Father has Dorian overnight. Saturday: Father has custody of Dorian all day and overnight. Sunday: Father has custody of Dorian all day. Father then drives Dorian to Mother's house in Mt. Joy to arrive at 8:00 p.m. Mother has Dorian overnight. After such time as Father moves to Lancaster County, Pennsylvania: WEEK ONE: Monday: Father takes Dorian to preschool/school. Mother picks Dorian up from preschool/school and has him overnight. Tuesday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Wednesday: Father takes Dorian to school. Mother picks Dorian up from preschool/school and has him overnight. Thursday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Friday: Father takes Dorian to preschool/school. Mother picks Dorian up from preschool/school and has him overnight. Saturday: Mother takes Dorian to Father's residence by 11:00 a.m., unless Father has requested, as of 6:30 p.m. the immediate preceding Friday, that Mother bring Dorian to Father's residence by 9:00 a.m. In such case, Mother shall bring Dorian to Father's residence by 9:00 a.m. Father has Dorian the remainder of the day and overnight. Sunday: Father takes Dorian to Mother's residence by 11:00 am., unless Mother has requested, as of 6:30 p.m. the immediate preceding Saturday, that Father bring Dorian to Mother's residence by 9:00 am. In such case, Father shall bring Dorian to Mother's residence by 9:00 a.m. Mother has Dorian the remainder of the day and overnight. a If the parties agree, Father's visit with Dorian may take place at Mother's residence either with or without Mother's presence. WEEK TWO: Monday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Tuesday: Father takes Dorian to preschool/school. Mother picks Dorian up from preschool/school and has him overnight. Wednesday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Thursday: Father takes Dorian to preschool/school. Mother picks Dorian up from school and has him overnight. Friday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Saturday: Father takes Dorian to Mother's residence by 11:00 am., unless Mother has requested, as of 6:30 p.m. the immediate preceding Friday, that Father bring Dorian to Mother's residence by 9:00 a.m. In such case, Father shall bring Dorian to Mother's residence by 9:00 a.m. Mother has Dorian the remainder of the day and overnight. Sunday: Mother takes Dorian to Father's residence by 11:00 a.m., unless Father has requested, as of 6:30 p.m. the immediate preceding Saturday, that Mother bring Dorian to Father's residence by 9:00 a.m. In such case, Mother shall bring Dorian to Father's residence by 9:00 am. Father has Dorian the remainder of the day and overnight. WEEK THREE: Monday: Same as WEEK ONE. Tuesday: Same as WEEK ONE. Wednesday: Same as WEEK ONE. Thursday: Sarre as WEEK ONE. Friday: Same as WEEK ONE. Saturday: Same as WEEK ONE. Sunday: Father has Dorian all day and overnight. WEEK FOUR: Monday: Same as WEEK ONE. Tuesday: Same as WEEK ONE. Wednesday: Same as WEEK ONE. Thursday: Same as WEEK ONE. Friday: Same as WEEK ONE. Saturday: Mother has Dorian all day and overnight. Sunday: Mother has Dorian all day. Mother has Dorian to Father's residence by 8:30 p.m. On the days that Dorian is to be in his current preschool, he is to arrive at approximately 9:00 a.m. Once Dorian starts kindergarten, the times will be adjusted accordingly. Additionally, when Father picks up Dorian from Mother's residence during the week, Father shall arrive at Mother's residence at or around 6:30 p.m. Finally, in the event that Father is not off of work, Mother shall care for Dorian on all non-school days, as well as Dorian's sick days. If the schedule, as outlined herein, must be modified once Dorian starts attending school on a full-time basis, the parties shall cooperate with one another in an effort to establish a school schedule prior to Dorian starting school. Should a special event arise which they would like Dorian to attend and which is not during their regular period of custody, the parties shall work together to ensure that Dorian can attend the event, regardless of over whose period of custody it may fall. 3) The holiday/special event schedule shall be as set forth below: On Mother's Day, Dorian shall be with Mother from 9:00 am. until 8:00 p.m. On Father's Day, Dorian shall be with Father from 9:00 a.m. until 8:00 p.m. For purposes of this Order, Dorian's birthday shall be defined as January 7 h and the Saturday immediately following his birthday (for party purposes), unless his birthday falls on a Saturday. Dorian shall be with Father in all even years and with Mother in all odd years. For purposes of this Order, the Greek Orthodox Easter holiday shall consist of the Friday preceding the Greek Orthodox Easter holiday, starting at 6:30 p.m., and shall extend through the Monday evening following the holiday. The Greek Orthodox Easter holiday shall end in time for Dorian to be back in school on Tuesday morning. Dorian shall be with Father every year for the Greek Orthodox Easter holiday. For purposes of this Order, the "American Easter" holiday shall consist of the Friday preceding Easter Sunday, starting at 6:30 p.m., and shall extend through the Monday evening following Easter Sunday. The "American Easter" holiday shall end in time for Dorian to be back in school on Tuesday morning. The Greek Orthodox Easter holiday and the "American Easter" overlap on the following years: 2010, 2011, 2014, and 2017. Father shall have custody of Dorian over the Creek Orthodox Easter holiday in 2010, 2011, 2014, and 2017. Any other conflict years would further be alternated. For purposes of this Order, the Thanksgiving holiday will commence at the end of Dorian's last day of school preceding Thanksgiving Day and continue through the Sunday evening following Thanksgiving Day. In 2008, Father shall have custody of Dorian for the Thanksgiving holiday and thereafter he shall have custody of Dorian on all odd-numbered years. Mother shall have custody of Dorian for the Thanksgiving holiday on all even-numbered years, specifically excepting 2008. For purposes of this Order, the Christmas holiday will commence at the end of Dorian's last day of school preceding his Christmas vacation and end the morning Dorian returns to school. As to the actual holiday vacation period, it should be equally divided so that, in one year, one parent has custody of Dorian during the first half of the holiday (which encompasses Christmas Eve and Christmas Day) and the other receives the second half of the holiday (which encompasses New Year's Eve and New Year's Day). The holiday exchange shall occur at 9:00 a.m. with the person receiving custody of Dorian, providing transportation. In 2008 Mother shall have custody of Dorian for the 1' half of the Christmas holiday. In all even-numbered years thereafter, Father shall have custody of Dorian for the first half of the Christmas holiday which shall include Christmas Eve and Christmas Day, and Mother would have custody of Dorian over the second half of the Christmas holiday which shall include New Year's Eve and New Year's Day. In all odd-numbered years, Mother shall have custody of Dorian, for first half of the Christmas holiday, including Christmas Eve and Christmas Day, and Father would have custody of Dorian for the second half of the Christmas holiday, including New Year's Eve and New Year's Day_ If there are an odd number of overnights during Dorian's Christmas holiday vacation, then the extra overnight shall be given to the parent who has custody of Dorian the first half of the Christmas holiday. Memorial Day and Labor Day - Father shall have custody of Dorian on Memorial Day in all odd years and Mother shall have custody of Dorian on Memorial Day in all even years. Mother shall have custody of Dorian on Labor Day in all odd years and Father shall have custody of Dorian on Labor Day in all even years. For purposes of this Order, the July 4`u` holiday will consist of four (4) full days to be decided by the parties on a yearly basis, depending upon where in the week the holiday falls, provided that the party who has custody of Dorian travels with Dorian outside of the Harrisburg area. If the party with custody does not travel outside the area for the holiday, the holiday itself should be limited to one full day, from 9:00 a.m. on July 4 h until 9:00 am. on July 5 h. If the party having custody of Dorian travels outside the Harrisburg area, the four day period will permit the custodial party to travel for the holiday. Notice of travel should be given at least fifteen (15) days in advance. In odd-numbered years, Mother shall have custody of Dorian for the July 4'h holiday and in even-numbered years Father shall have custody of Dorian for the July 0 holiday. There may be times when Dorian has a Spring Break independent of any other holidays as specifically described herein. In the event that Dorian has such a Spring Break, the holiday will be shared equally between the parties with Mother having custody of Dorian for the entire Spring Break in all even-numbered years, and Father would have custody of Dorian for the entire Spring Break in all odd- numbered years. If a holiday is not specifically listed in this Paragraph, the person who would have custody of Dorian pursuant to Paragraph 2 of this Order, would exercise his or her regularly-scheduled period of custody. The Holiday schedule shall supersede the regular custodial schedule and any scheduled vacations. 4) Commencing in 2009, each party shall be entitled to two (2) continuous consecutive or non-consecutive weeks of summer vacation. A week shall be defined for purposes of this provision as seven (7) days. Neither parent shall have custody of Dorian for more than fourteen (14) consecutive overnights, regardless of this provision and/or combining this custodial provision with the holiday or regular custodial provisions. Except for over the Christmas holiday, a parent may take a vacation with Dorian during the school year, provided that Dorian is off school. Each party shall advise the other in writing, at least thirty (30) days in advance, of any scheduled weeks of vacation. In the event the parties select the same week, the party who first provides written notice shall receive priority. The vacation schedule shall supersede the regular custody schedule; however, the holiday schedule shall supersede the vacation schedule. 5) In the event that either parent, during their respective scheduled periods of custody, must leave Dorian for a period of at least two (2) hours with a non-family member, the custodial parent will first check with the non-custodial parent to ascertain if the non-custodial parent is available to watch Dorian. In the event that neither parent is able to watch Dorian, the custodial parent will then be responsible for obtaining the appropriate supervision for Dorian and for providing the noncustodial parent the full name(s), address(es), and telephone number(s) of all individuals or entities with whom Dorian will be during the custodial parent's absence. 6) Should Dorian be on any prescription or over-the-counter medications, the prescription medications shall be sent along with Dorian for the other parties' period of custody. Moreover, should Dorian be on any over-the-counter medications, both parties shall be advised of the medication, the frequency with which the medication should be given, and the dosage. 7) Each party shall ensure Dorian participates in all regularly scheduled activities during his or her periods of custody. If the designated time for pick up or return of Dorian occurs during a scheduled activity, then pick up or return shall occur at the activity. The parties shall provide each other advance notice of all scheduled activities, if possible at least 48 hours in advance, including, but not limited to, scholastic and academic activities. The parties shall consult with one another concerning Dorian's enrollment in, and scheduling of, activities before enrolling Dorian in any such activities. When discussing whether Dorian should be enrolled in an activity, the party shall consider, inter alia, Dorian's best interests and the custody schedule. Each parent shall provide the other with copies of any written schedules regarding any activity in which Dorian is enrolled. 8) In the event that Dorian is unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day, if neither parent is available to care for Dorian, and it is the custodial parent's obligation to notify the non-custodial parent of Dorian's illness and whether Dorian's school is closed or delayed. 9) Each party shall be entitled to reasonable telephone privileges with Dorian, at least one time per day, while Dorian is in the custody or control of the other party. Neither party shall unreasonably restrict the other party's access to Dorian by telephone or by e-mail. Neither party shall unreasonably restrict Dorian from calling the other parent during any periods of custody. If either parent is going to be away overnight with Dorian for one (1) or more consecutive overnights or longer from the parent's primary custodial residence, that parent shall provide notice to the other parent as to Dorian's location and a telephone number where they can be reached. Notice shall be given to the non-custodial parent of any overnight travel from the custodial parent's primary residence; however, the parties shall strive, in good faith, to give 48 hour notice of the overnight away from the custodial parent's primary residence. The parties agree to give as much advance notice as possible of any overnight travel. 10) Each of the parties and any third party in the presence of Dorian shall take all measures deemed advisable to foster a feeling of affection between Dorian and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange Dorian from the other parent, their spouse or relatives, or injure Dorian's opinion of the other parry or which may hamper the free and natural development of Dorian's love, affection and respect for the other parent. The parties shall not use Dorian to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 11) In the event that a significant matter arises with respect to the medical care, education, or financial care of Dorian, those matters shall be discussed with the other party. 12) Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a location in excess of forty (40) miles from the other party's then-current address without (a) such parry's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody with the Prothonotary. 13) Each party shall confer with the other on all matters of importance relating to the Dorian's health, maintenance, and education with a view towards obtaining and following a harmonious policy in Dorian's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning Dorian's welfare and the custody situation. Each party shall supply the name, address and phone numbers of any non-relative person or entity in whose care Dorian will be for any period of time. 14) Emergency decisions regarding Dorian shall be made by the parent then having custody. However, in the event of any emergency or serious illness at any time, any party then having custody of Dorian shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. 15) Dorian's. welfare and convenience shall be the prime consideration of the parties in any application of the provisions of this Stipulation and Agreement. 16) The parties are free to modify the terms of this Stipulation and Agreement, but in order to do so; the parties must be in complete agreement to any new terms. 17) If any dispute arises concerning the substance, interpretation, or potential modification of this Stipulation, Agreement and/or Order, the parties agree to attempt, in good faith, to settle said dispute through their own cooperative efforts. 18) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between Dorian and each parent. 19) The parties agree never to employ physical means (e.g., spanking, slapping, pulling forcefully, etc.) to discipline Dorian and they shall not allow others to employ physical means to discipline Dorian. 20) Any permanent modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. 21) This Stipulation, Agreement and/or Order supersede all previous custody Agreements and/or Orders. IN WITNESS WHEREOF, the parties and their respective counsel have their hands and seals this ? day of December, 2008. - Z arr en J. H 1st, Esqe -?? Attorney for Father say ' lay, sq e A orneyfor other I&o" 0& ? Peter Anthopolos, Father Penny H. Anthopolos, Mother i?? ?? / ?' ? yy .? ??Y ?? ' > ? ?' ? ' ' _.... ,, s .t 4 t .? ^? -? VC 112+X 61 PETER ANTHOPOLOS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4937 CIVIL ACTION - LAW PENNY H. ANTHOPOLOS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 9th day of December, 2008, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, V acq line M. Verney, Esquire, Custo Conciliator ,--, ?v ?-, ? ca ~ '? ;-.;? --? wt iJJ ??? ??? 4?' ? ?. . j . ..!^,. ..... i. ?.? ..? .' "?'+ °/ . • I 4 4 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, Plaintiff Docket No. 2008-4937 V. CIVIL ACTION - LAW PENNY K ANTHOPOLOS, (In Divorce and Custody) Defendant ORDER OF COURT AND NOW, this /Z ' day of ?w...?? 2008, upon presentation and consideration of the attached Stipulation and Agreement incorporated herein, and upon agreement of the parties, it is hereby ORDERED and DECREED as follows: 1) The parties shall share legal custody of Dorian. Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of Dorian, including educational, medical, and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting Dorian's general well-being, including, but not limited to, all decisions regarding his health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to Dorian. If Dorian is sick and is unable to attend preschool/school or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of Dorian with health care providers, sufficiently in advance thereof so that the other party can attend, if he or she so chooses. Moreover, both parents shall share equally the decision-making concerning Dorian's involvement in sports and/or other extracurricular activities. >- r7 <'f LLJ t CM Y1 F CV r Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal access to all records and information pertaining to Dorian, including, but not limited to, Dorian's school, medical, dental, religious and other important records, including Dorian's residence address and that of the other parent. As soon as practical after the receipt by a party, copies of Dorian's preschool/school schedule, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of Dorian's report cards and other reasonable papers affecting Dorian's education, medical condition or welfare. Both parents shall be listed as emergency contacts and authorized individuals to pick up Dorian at preschool/school. Notwithstanding that both parents shall share legal custody, non-major decisions involving Dorian's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation. 2) Physical custody of the Dorian, as that term is defined in the Custody Act, shall be pursuant to the schedules as set forth below: Until such time as Father relocates to Lancaster County, Pennsylvania: Monday: Mother takes Dorian to preschool/school by 9:00 a.m. and picks him up from school by noon'. Mother will have Dorian overnight. Tuesday: Mother takes Dorian to preschool/school and picks him up from preschool/school. Mother will have Dorian overnight. Wednesday: Mother takes Dorian to preschool/school and picks him up from preschool/school. Father will pick up Dorian from Mother's house and 1 Dorian is enrolled in the "Part-time, extended" program at the Montessori Academy of Lancaster. In said program, Mother shall, on Mondays and Fridays, drop off Dorian at school at 9:00 a.m. and pick up Dorian at noon. on Tuesdays, Wednesdays and Thursdays, Mother shall drop off Dorian at school at 9:00 am. and pick him up at 3:00 P.M. have custody of Dorian from 6:30 pm. until 8:30 p.m. when Father will drop Dorian back off at Mother's house2. Mother has Dorian overnight. Thursday: Mother takes Dorian to preschool/school and picks him up from preschool/school. Mother has Dorian overnight. Friday: Mother takes Dorian to preschool/school and picks him up from preschool/school. Mother will drive Dorian to Father's office in Harrisburg to arrive at approximately 6:30 p.m. Father has Dorian overnight. Saturday: Father has custody of Dorian all day and overnight. Sunday: Father has custody of Dorian all day. Father then drives Dorian to Mother's house in Mt. Joy to arrive at 8:00 p.m. Mother has Dorian overnight. After such time as Father moves to Lancaster County, Pennsylvania: WEEK ONE: Monday: Father takes Dorian to preschool/school. Mother picks Dorian up from preschool/school and has him overnight. Tuesday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Wednesday: Father takes Dorian to school. Mother picks Dorian up from preschool/school and has him overnight. Thursday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Friday: Father takes Dorian to preschool/school. Mother picks Dorian up from preschool/school and has him overnight. Saturday: Mother takes Dorian to Father's residence by 11:00 a.m., unless Father has requested, as of 6:30 p.m. the immediate preceding Friday, that Mother bring Dorian to Father's residence by 9:00 a.m. In such case, Mother shall bring Dorian to Father's residence by 9:00 am. Father has Dorian the remainder of the day and overnight. Sunday: Father takes Dorian to Mother's residence by 11:00 a.m., unless Mother has requested, as of 6:30 p.m. the immediate preceding Saturday, that Father bring Dorian to Mother's residence by 9:00 am. In such case, Father shall bring Dorian to Mother's residence by 9:00 a.m. Mother has Dorian the remainder of the day and overnight. 2 If the parties agree, Father's visit with Dorian may take place at Mother's residence either with or without Mother's presence. WEEK TWO: Monday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Tuesday: Father takes Dorian to preschool/school. Mother picks Dorian up from preschool/school and has him overnight. Wednesday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Thursday: Father takes Dorian to preschool/school. Mother picks Dorian up from school and has him overnight. Friday: Mother takes Dorian to preschool/school. Mother picks Dorian up from preschool/school. Father picks up Dorian from Mother's residence after he gets out of work. Father has Dorian overnight. Saturday: Father takes Dorian to Mother's residence by 11:00 am., unless Mother has requested, as of 6:30 p.m. the immediate preceding Friday, that Father bring Dorian to Mother's residence by 9:00 a.m. In such case, Father shall bring Dorian to Mother's residence by 9:00 a.m. Mother has Dorian the remainder of the day and overnight. Sunday: Mother takes Dorian to Father's residence by 11:00 a.m., unless Father has requested, as of 6:30 p.m. the immediate preceding Saturday, that Mother bring Dorian to Father's residence by 9:00 a.m. In such case, Mother shall bring Dorian to Father's residence by 9:00 am. Father has Dorian the remainder of the day and overnight. WEEK THREE: Monday: Same as WEEK ONE. Tuesday: Same as WEEK ONE. Wednesday: Same as WEEK ONE. Thursday: Same as WEEK ONE. Friday: Same as WEEK ONE. Saturday: Same as WEEK ONE. Sunday: Father has Dorian all day and overnight. WEEK FOUR: Monday: Same as WEEK ONE. Tuesday: Same as WEEK ONE. Wednesday: Same as WEEK ONE. Thursday: Same as WEEK ONE. Friday: Same as WEEK ONE. Saturday: Mother has Dorian all day and overnight. Sunday: Mother has Dorian all day. Mother has Dorian to Father's residence by 8:30 pm. On the days that Dorian is to be in his current preschool, he is to arrive at approximately 9:00 a.m. Once Dorian starts kindergarten, the times will be adjusted accordingly. Additionally, when Father picks up Dorian from Mother's residence during the week, Father shall arrive at Mother's residence at or around 6:30 p.m. Finally, in the event that Father is not off of work, Mother shall care for Dorian on all non-school days, as well as Dorian's sick days. If the schedule, as outlined herein, must be modified once Dorian starts attending school on a full-time basis, the parties shall cooperate with one another in an effort to establish a school schedule prior to Dorian starting school. Should a special event arise which they would like Dorian to attend and which is not during their regular period of custody, the parties shall work together to ensure that Dorian can attend the event, regardless of over whose period of custody it may fall. 3) The holiday/special event schedule shall be as set forth below: On Mother's Day, Dorian shall always be with Mother from 9:00 a.m. until 8:00 p.m. On Father's Day, Dorian shall always be with Father from 9:00 am. until 8:00 p.m. For purposes of this Order, Dorian's birthday shall be defined as January 7t° and the Saturday immediately following his birthday (for party purposes), unless his birthday falls on a Saturday. Dorian shall be with Father in all even years and with Mother in all odd years. For purposes of this Order, the Greek Orthodox Easter holiday shall consist of the Friday preceding the Greek Orthodox Easter holiday, starting at 6:30 p.m., and shall extend through the Monday evening following the holiday. The Greek Orthodox Easter holiday shall end in time for Dorian to be back in school on Tuesday morning. Dorian shall be with Father every year for the Greek Orthodox Easter holiday. For purposes of this Order, the "American Easter" holiday shall consist of the Friday preceding Easter Sunday, starting at 6:30 p.m., and shall extend through the Monday evening following Easter Sunday. The "American Easter" holiday shall end in time for Dorian to be back in school on Tuesday morning. The Greek Orthodox Easter holiday and the "American Easter" overlap on the following years: 2010, 2011, 2014, and 2017. Father shall have custody of Dorian over the Greek Orthodox Easter holiday in 2010, 2011, 2014, and 2017. Any other conflict years would further be alternated. For purposes of this Order, the Thanksgiving holiday will commence at the end of Dorian's last day of school preceding Thanksgiving Day and continue through the Sunday evening following Thanksgiving Day. In 2008, Father shall have custody of Dorian for the Thanksgiving holiday and thereafter he shall have custody of Dorian on all odd-numbered years. Mother shall have custody of Dorian for the Thanksgiving holiday on all even-numbered years, specifically excepting 2008. For purposes of this Order, the Christmas holiday will commence at the end of Dorian's last day of school preceding his Christmas vacation and end the morning Dorian returns to school. As to the actual holiday vacation period, it should be equally divided so that, in one year, one parent has custody of Dorian during the first half of the holiday (which encompasses Christmas Eve and Christmas Day) and the other receives the second half of the holiday (which encompasses New Year's Eve and New Year's Day). The holiday exchange shall occur at 9:00 am. with the person receiving custody of Dorian, providing transportation. In 2008 Mother shall have custody of Dorian for the I" half of the Christmas holiday. In all even-numbered years thereafter, Father shall have custody of Dorian for the first half of the Christmas holiday which shall include Christmas Eve and Christmas Day, and Mother would have custody of Dorian over the second half of the Christmas holiday which shall include New Year's Eve and New Year's Day. In all odd-numbered years, Mother shall have custody of Dorian for first half of the Christmas holiday, including Christmas Eve and Christmas Day, and Father would have custody of Dorian for the second half of the Christmas holiday, including New Year's Eve and New Year's Day. If there are an odd number of overnights during Dorian's Christmas holiday vacation, then the extra overnight shall be given to the parent who has custody of Dorian the first half of the Christmas holiday. Memorial Day and Labor Day - Father shall have custody of Dorian on Memorial Day in all odd years and Mother shall have custody of Dorian on Memorial Day in all even years. Mother shall have custody of Dorian on Labor Day in all odd years and Father shall have custody of Dorian on Labor Day in all even years. For purposes of this Order, the July 4`" holiday will consist of four (4) full days to be decided by the parties on a yearly basis, depending upon where in the week the holiday falls, provided that the party who has custody of Dorian travels with Dorian outside of the Harrisburg area. If the party with custody does not travel outside the area for the holiday, the holiday itself should be limited to one full day, from 9:00 a.m. on July 4 h until 9:00 a.m. on July 51h. If the party having custody of Dorian travels outside the Harrisburg area, the four day period will permit the custodial party to travel for the holiday. Notice of travel should be given at least fifteen (15) days in advance. In odd-numbered years, Mother shall have custody of Dorian for the July 4h holiday and in even-numbered years Father shall have custody of Dorian for the July 4u' holiday. There may be times when Dorian has a Spring Break independent of any other holidays as specifically described herein. In the event that Dorian has such a Spring Break, the holiday will be shared equally between the parties with Mother having custody of Dorian for the entire Spring Break in all even-numbered years, and Father would have custody of Dorian for the entire Spring Break in all odd- numbered years. If a holiday is not specifically listed in this Paragraph, the person who would have custody of Dorian pursuant to Paragraph 2 of this Order, would exercise his or her regularly-scheduled period of custody. The Holiday schedule shall supersede the regular custodial schedule and any scheduled vacations. 4) Commencing in 2009, each party shall be entitled to two (2) continuous consecutive or non-consecutive weeks of summer vacation. A week shall be defined for purposes of this provision as seven (7) days. Neither parent shall have custody of Dorian for more than fourteen (14) consecutive overnights, regardless of this provision and/or combining this custodial provision with the holiday or regular custodial provisions. Except for over the Christmas holiday, a parent may take a vacation with Dorian during the school year, provided that Dorian is off school. Each party shall advise the other in writing, at least thirty (30) days in advance, of any scheduled weeks of vacation. In the event the parties select the same week, the party who first provides written notice shall receive priority. The vacation schedule shall supersede the regular custody schedule; however, the holiday schedule shall supersede the vacation schedule. 5) In the event that either parent, during their respective scheduled periods of custody, must leave Dorian for a period of at least two (2) hours with a non-family member, the custodial parent will first check with the non-custodial parent to ascertain if the non-custodial parent is available to watch Dorian. In the event that neither parent is able to watch Dorian, the custodial parent will then be responsible for obtaining the appropriate supervision for Dorian and for providing the non-custodial parent with the full name(s), address(es), and telephone number(s) of all individuals or entities with whom the custodial parents has arranged Dorian's care during the custodial parent's absence. 6) Should Dorian be on any prescription or over-the-counter medications, the prescription medications shall be sent along with Dorian for the other parties' period of custody. Moreover, should Dorian be on any over-the-counter medications, both parties shall be advised of the medication, the frequency with which the medication should be given, and the dosage. 7) Each party shall ensure Dorian participates in all regularly scheduled activities during his or her periods of custody. If the designated time for pick up or return of Dorian occurs during a scheduled activity, then pick up or return shall occur at the activity. The parties shall provide each other advance notice of all scheduled activities, if possible, at least 48 hours in advance, including, but not limited to, scholastic and academic activities. The parties shall consult with one another concerning Dorian's enrollment in, and scheduling of, activities before enrolling Dorian in any such activities. When discussing whether Dorian should be enrolled in an activity, the party shall consider, inter alia, Dorian's best interests and the custody schedule. Each parent shall provide the other with copies of any written schedules regarding any activity in which Dorian is enrolled. 8) In the event that Dorian is unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day, if neither parent is available to care for Dorian, and it is the custodial parent's obligation to notify the non-custodial parent of Dorian's illness and whether Dorian's school is closed or delayed. 9) Each party shall be entitled to reasonable telephone privileges with Dorian, at least one (1) time per day, while Dorian is in the custody or control of the other party. Neither party shall unreasonably restrict the other party's access to Dorian by telephone or by e-mail. Neither party shall unreasonably restrict Dorian from calling the other parent during any periods of custody. If either parent is going to be away overnight with Dorian for one (1) or more consecutive overnights from the parent's primary custodial residence, that parent shall provide notice to the other parent as to Dorian's location and a telephone number where they can be reached. Notice shall be given to the non-custodial parent of any overnight travel from the custodial parent's primary residence; however, the parties shall strive, in good faith, to give 48 hour notice of the overnight away from the custodial parent's primary residence. The parties agree to give as much advance notice as possible of any overnight travel. 10) Each of the parties and any third party in the presence of Dorian shall take all measures deemed advisable to foster a feeling of affection between Dorian and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange Dorian from the other parent, their spouse or relatives, or injure Dorian's opinion of the other party or which may hamper the free and natural development of Dorian's love, affection and respect for the other parent. The parties shall not use Dorian to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 11) In the event that a significant matter arises with respect to the medical care, education, or financial care of Dorian, those matters shall be discussed with the other party. 12) Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a location in excess of forty (40) miles from the other party's then-current address without (a) such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody with the Prothonotary. 13) Each party shall confer with the other on all matters of importance relating to the Dorian's health, maintenance, and education with a view towards obtaining and following a harmonious policy in Dorian's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning Dorian's welfare and the custody situation. Each parry shall supply the name, address and phone numbers of any non-relative person or any entity in whose care Dorian will be for any period of time. 14) Emergency decisions regarding Dorian shall be made by the parent then having custody. However, in the event of any emergency or serious illness at any time, any party then having custody of Dorian shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. 15) Dorian's best interests shall be the prime consideration of the parties in any application of the provisions of this Stipulation and Agreement. 16) The parties may modify the terms of their agreement, but in order to do so; the parties must be in complete agreement to any new terms. 17) If any dispute arises concerning the substance, interpretation, or potential modification of this Stipulation, Agreement and/or Order, the parties shall attempt, in good faith, to settle said dispute through their own cooperative efforts. 18) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between Dorian and each parent. 19) The parties agree never to employ physical means (e.g., spanking, slapping, pulling forcefully, etc.) to discipline Dorian and they shall not allow others to employ physical means to discipline Dorian. 20) Any permanent modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. a 21) This Stipulation, Agreement and Order supersede all previous custody Agreements and Orders. BY THE COURT, cc: vLmdsay Gingrich Maclay, Esquire, DALEY ZucKER MELTON MINER & GINGRIM, LLC, 1029 Scenery Drive, Haarrrisburg, Pennsylvania 17109 (Attorneys for Defendant) a on J. Holst, Esquire, HowurT, KissrNGER & HOLST, P.C., 130 Walnut Street, P.O. Box 810, Harrisburg, y Pennsylvania 17108 (Attorneys for Plainuffi Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Peter Anthopolos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, ) Plaintiff ) V. ) PENNY H. ANTHOPOLOS, ) Defendant ) NO. 2008-4937 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE FOR DISCONTINUANCE TO THE OFFICE OF PROTHONOTARY: Pursuant to Rule 229 of the Pennsylvania Rules of Civil Procedure, kindly discontinue the above-captioned divorce and custody action. Respectfully submitted, Date: 7 Darren J. Holst, squire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Peter Anthopolos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER ANTHOPOLOS, ) Plaintiff ) V. ) PENNY H. ANTHOPOLOS, ) Defendant ) NO. 2008-4937 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUST'ODY CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Peter Anthopolos, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Praecipe for Discontinuance was served upon Lindsay Gingrich Maclay, Esquire, counsel for Defendant, Penny H. Anthopolos, by facsimile and by depositing same in the United States mail, first class, on September 29, 2009, addressed as follows: Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 r Date: , Darren J. Ho t, Esquire HOWETT, KISSINGER & H:OLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Peter Anthopolos RAF OF 7HE PROTPMTARY M SEP 30 PM i 16 ? F ?A COLMY