Loading...
HomeMy WebLinkAbout09-1368ERIC S. DELLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 01-r3(ig THERESA L. FENERTY, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Eric S. Deller, an adult individual currently residing at 980 East Oak Street, Palmyra, Pennsylvania 17078, (hereinafter referred to as "Father") 2. The Defendant is Theresa L. Fenerty, an adult individual currently residing at 120 South 2nd Street, Apt. 2, Wormleysburg, Pennsylvania 17043, (hereinafter referred to as "Mother") 3. The Parties are the natural parents of one child, namely, Samantha Paige Deller, born June 3, 2003. The child was born out of wedlock. Since the child's birth, she has resided with the following persons and at the following SAWLS, FLOWER & LIlVDSM 26 West High Street Carlisle, PA addresses: NAME ADDRESS DATE Father 980 East Oak St. 02/26/09 to Present Palmyra, PA 17078 Mother 120 South 2nd St., Apt. 2 10/08/08 to 02/26/09 Wormleysburg, PA 17043 Mother & Damon Deller 120 South 2"d St., Apt. 2 08/2008 to 10/08/08 Wormleysburg, PA 17043 Mother & Damon Deller 520 Terrace Dr. 02/2005 to 08/2008 New Cumberland, PA Mother Meyers Avenue 12/2004 to 02/2005 New Cumberland, PA Father & Mother Meyers Avenue birth to 12/2004 New Cumberland, PA The natural mother of the child is Theresa L. Fenerty, who resides as aforesaid. She is single. The natural father of the child is Eric S. Deller, who resides as aforesaid. He is single. 4. The relationship of Plaintiff to the child is that of natural father. He resides with the child at issue. 5. The relationship of Defendant to the child is that of natural mother. She resides alone. 6. The best interest and permanent welfare of the child would be served by granting) the relief request because: SMDIS, FWIVM LINDSAY 26 West High Street Carlisle, PA (a) Father has maintained a relationship with the child since the child's birth; (b) Father is more than capable of providing for all of the emotional, physical, financial and spiritual needs of the child; (c) Father has been and desires to continue to be an involved and active parent in the child's life; (d) Mother is not able to care for the child on a primary basis; (e) On Thursday, February 26, 2009, Mother neglected to pick up the child from after school daycare requiring daycare to contact a third party to care for the child; (f) On that day Mother attempted suicide at her home by overdosing on prescribed medication; (g) Mother was involuntarily committed to the Behavioral Health Unit of Holy Spirit Hospital for five (5) days of observation; it is not known by Father what the ongoing treatment may be; (h) Father believes that Mother's mental health issues prevent her from properly caring for the child on ongoing basis; (i) Mother has been involved in an abusive relationship with Father's brother for the past several years with the child witnessing much of the abuse; (j) Mother's extended family lives in Italy and have requested that she return there upon her release from the Behavioral Health Unit; (k) Father is concerned that Mother may secretly remove the child to any country if there is not an Order preventing her from doing so; (1) Mother has indicated to Father upon her release from the Behavioral Health Unit she will remove the child from his care; (m) Mother is expected to be released from the Behavioral Health Unit on Wednesday, March 4,2009; (n) Mother's attempted suicide and involuntary committed were reported to Cumberland County Children & Youth Services by the police responding to the incident; the child was in Mother's custody at the time; (o) Cumberland County Children & Youth Services have indicated to Father that if the child is returned to the Mother's care they will subsequently open an investigation and may remove the child from her care out of concern for the safety of the child. (p) Father's concern is that Mother may withhold the child from him if there is not an Order in place to prevent her from doing so; (q) Father desires to keep the child in a stable environment; (r) Father can provide a more stable home life and environment for the child; SAIDIS, FLONVIER LINDSAY 26 West High Street Carlisle, PA (s) Father desires an Order that provides for him to exercise shared legal and primary physical custody and for Mother to exercise periods of supervised visitation. 7. Plaintiff has not participated as a party or witness, or in another capacity, in c litigation concerning the custody of the child in this or another court. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as a party to this action. All other persons named below, who are meant to have or claim a right to custody or visitation of the child, will be given notice of the proceedings of this action and the right to intervene: None. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. Notice of the filing of this Complaint has been provided to Defendant, Theresa L. Fenerty, through first class mail, postage prepaid and certified mail, restricted delivery at her home address of 120 South 2nd Street, Apt. 2, Wormleysburg, Pennsylvania 17043and at the Behavioral Health Unit of Holy Spirit Hospital. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order granting him shared legal and primary physical custody of the child. Respectfully Submitted, FLOWER & LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Ma ou tas, Esquire ID No. 9 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Attorney for Plaintiff ERIC S. DELLER, Plaintiff V. THERESA L. FENERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY VERIFICATIOW I verify that the statement made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unswom falsifications to authorities. Date: i ERIC S. DELLER, Plaintiff ERIC S. DELLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : NO. CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attaches document have been served upon the following persons by the following means and on the dates stated: THERESA L. FENERTY, Defendant IN CUSTODY Name & Address Means of Service Date of Service Theresa L. Fenerty 120 South 2nd Street, Apt. 2 Wormleysburg, PA 17043 Behavioral Health Unit Holy Spirit Hospital 503 North 215 Street Camp Hill, PA 17011 First Class Mail First Class Mail 8lWoq ,V 4(OR SAMIS, FWNVER & LU DS" 26 West High Street Carlisle, PA Dated: 354/69 Marylou Ka Vs, Esgi 26 West Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff %n T b N 1 ERIC S. DELLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v ; NO. CIVIL TERM THERESA L. FENERTY, Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF PURSUANT TO PA R.C.P. 1915.13 AND NOW, comes Eric S. Deller, by and through his attorney of record, Marylou Matas, Esquire, and the law firm of Saidis, Flower & Lindsay, and files this Petition for Emergency Relief Pursuant to Pa R.C.P. 1915.13 and in support thereof avers as follows: 1. Petitioner (hereinafter referred to as "Father") is Eric S. Deller, Plaintiff in the above captioned custody matter, and an adult individual currently residing at 980 East Oak Street, Palmyra, Pennsylvania 17078. 2. Respondent (hereinafter referred to as "Mother") is Theresa L. Fenerty, Defendant in the above captioned custody matter, and an adult individual currently residing at 120 South 2"d Street, Apt. 2, Wormleysburg, Pennsylvania 17043. 3. The parties are the parents of one child, namely, Samantha Paige Deller, born June 3, 2003. The child was born out of wedlock. F LAVER & LIlVDSAY 26 West High Street Carlisle, PA 4. On Thursday, February 26, 2009, Mother attempted suicide at her home by taking an overdose of prescription medicine and thereafter, was involuntarily committed to the Behavioral Health Unit at Holy Spirit Hospital for five (5) days. 5. At the time of her attempted suicide, although not at her home, the child has been residing with Mother. 6. There is no Custody Order between the parties. 7. On the day of the incident Father had received some troubling emails and telephone calls from Mother's neighbor which prompted him to attempt contact with Mother at her home; Father alerted police to the potential danger, and Mother was subsequently found unconscious. 8. Father currently has the child in his care, but Mother has indicated that she will remove the child from his care and control immediately upon her release from the Behavioral Health Unit. 9. Mother is expected to be released from the Behavioral Health Unit on Wednesday, March 4, 2009. 10. Father does not believe that Mother is an appropriate caregiver for the child at this time. 11. Mother has been involved in an abusive relationship for the past several years with Damon C. Deller. 12. On the date of Mother's attempted suicide, Mother testified against her boyfriend relating to his charges of simple assault and harassment of which she was the victim. SAMIS, FLONVER LINDSAY 26 West High Street Carlisle, PA 13. Mother has extended family residing in Italy. 14. Mother has dual citizenship in Italy and in the United States. 15. Father is concerned that without an Order preventing Mother from removing the child from this jurisdiction she will attempt to remove the child from Father and from this country without Father's consent. 16. The child currently is enrolled in Kindergarten in Washington Heights in Wormleysburg. 17. Father currently resides in Palmyra, Lebanon County. 18. Should Father continue to retain primary physical custody, as he desires, he would like to properly enroll the child in an elementary school where he resides. 19. Mother has refused to cooperate with this and has refused to allow Father access to the child's medical records. 20. Without these medical records, Father is not able to enroll the child in school in his area. 21. After Mother's suicide attempt and involuntary admission to the Behavioral Health Unit the police and daycare filed reports with Childline and/or Children Youth & Services. 22. Cumberland County Children Youth & Services advised Father that if the child was returned to Mother, for any reason, a case would be opened and the matter would be investigated. They further advised that the child may removed from Mother pending the investigation with supervised visits established. SAIDIS, LENDS" 26 West High Street Carlisle, PA 23. The child and Mother have resided in Cumberland County, Pennsylvania for at least five (5) years. 24. Father desires an Emergency Order that would prevent Mother from removing the child from his care, until further Order of Court. 25. Contemporaneously with the filing of this Petition for Emergency Relief, Father has filed a Complaint for Custody, requesting shared legal custody and primary physical custody, with supervised visitation for Mother. 26. A copy of this Petition has been provided to Mother at her home address by first class mail, postage prepaid and at 120 South 2"d St., Apt. 2, Wormleysburg, Cumberland County, Pennsylvania 17043 and to the Behavioral Health Unit at Holy Spirit Hospital. WHEREFORE, Petitioner requests Your Honorable Court to enter an Order preventing Mother from removing the child from Father's primary physical and from the state of Pennsylvania without the express written consent of the other party, until further Order of Court. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Marylou s, Esqui Attomey f aintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 FLOWER & LIlVDS" 26 West High Street Carlisle, PA ERIC S. DELLER, Plaintiff V. THERESA L. FENERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. w..., ?j fA x f DATE: d --' fit' !" ?Jr ?{ T' ERIC S. DELLER, Plaintiff A ¦ S. DELLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. =SA L. FENERTY, Defendant IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Theresa L. Fenerty 120 South 2"d Street, Apt. 2 Wormleysburg, PA 17043 Behavioral Health Unit Holy Spirit Hospital 503 North 2151 Street Camp Hill, PA 17011 First Class Mail virat Classy?'lo? I 3Iql09 3/4{o q SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Dated: 3/4/,99 Marylon Nyeft , Esquire 26 West Fkjh-Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff k v 'IN p? V J - MAR 0 4 1t0 ERIC S. DELLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. O! - 13Uf THERESA L. FENERTY, Defendant IN CUSTODY ORDER AND NOW, this 411h day of March, 2009, upon consideration of the within Petition for Emergency Relief, it is ORDERED AND DIRECTED that Petitioner, Eric S. Deller and Respondent, Theresa L. Fenerty, shall exercise shared legal custody of the custody at issue, Samantha Paige Deller, born June 3, 2003; further Petitioner shall exercise primary physical custody of the child pending further Order of Court. Neither party shall remove the child from Pennsylvania without written consent of the other party, or further Order of Court. The child's passport and medical records shall be turned over to Petitioner. The matter shall proceed to conciliation. Notice of the entry of this Order shall be served on all parties by Plaintiff. By the Court, Judge SAIDIS, FIDWERUNDSAY& 26 West High Street Carlisle, PA cc:" Marylou Matas, Esquire ? Attorney for Plaintiff Theresa L. Fenerty, pro se 120 South 2"d St., Apt. 2 Wormleysburg, PA 17043 r Opp, 1g on a t Lam., 5 j' da4ii ?0 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ERIC S. DELLER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. THERESA L. FENERTY, Defendant : No 1368 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY TO THE HONORABLE M. L. EBERT, JR., JUDGE OF SAID COURT: DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR F,MF,RGF.NC.V RELIEF AND NEW MATTER AND NOW comes the Defendant, Theresa L. Fenerty, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully avers the following in support of this Answer to Plaintiff's Petition for Emergency Relief. 1. Admitted. 2. Admitted. 3. Admitted in part; denied in part. It is admitted that Mother currently resides at the address set forth in paragraph 3. It is denied that the child was born on June 3, 2003. By way of further answer, the child was born on June 2, 2003. 4. Denied. It is specifically denied that Mother attempted suicide. By way of further answer, Mother accidentally took a slightly higher dose of anti-anxiety and muscle relaxing prescription pills which put her into a deep sleep for about two to three hours. 5. Admitted is part; denied in part. It is denied that Mother ever attempted suicide. It is admitted that the child has been residing with Mother and was not home when Mother fell asleep on the couch. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. By way of further answer, Mother left the Behavioral Health Unit on Wednesday, March 4, 2009. 10. No answer required. By way of further answer, Mother has been the child's primary caregiver since birth whereas Father has been involved sporadically. In fact, the last two times Father had seen the child prior to filing his emergency petition was on Halloween and Christmas of 2008. 11. Admitted in part; denied in part. Mother admits that she has been in a relationship with Damon C. Deller for the past 3'/2 years. Mother denies that the relationship was always abusive, rather it became abusive over the past year. By way of further answer, Damon Deller is currently incarcerated in Cumberland County Prison and is expected to be incarcerated for several months or more. Mother is currently in counseling to address issues related to her relationship with Damon Deller. By way of further answer, Damon Deller is incarcerated and not expected to be released for several months or more. Therefore, Mother's relationship with Damon Deller is not an issue requiring immediate court action. 12. Admitted in part; denied in part. It is denied that Mother has ever attempted to commit suicide. The remainder of paragraph 12 is admitted. 13. Admitted. 14. Admitted. 15. Denied. It is specifically denied that Father has a genuine concern that Mother will attempt to remove the child from this country without his consent. By way of further answer, Mother has had custody of the child since birth during which time she has never made an effort to flee this country with the child. Furthermore, Mother took the child to Italy for a vacation in approximately 2005 and provided Father a copy of the child's passport, their itinerary, and Mother's family's contact information. 16. Admitted in part; denied in part. It is admitted that the child is enrolled in Kindergarten in Washington Heights Elementary School. It is denied that the school is located in Wormleysburg. By way of further answer, the school is located in Lemoyne. 17. Admitted. 18. No answer required. 19. Admitted in part; denied in part. It is admitted that Mother will not cooperate with enrolling the child in school in Lebanon County when she is currently attending school in Lemoyne. Father has an extensive criminal record, he is unemployed and cannot hold a job, he has had sporadic contact with the child, and it would be terribly inappropriate for custody to be transferred to Father. It is denied Mother has refused to allow Father access to the child's medical records. 20. Mother is without sufficient information to admit or deny the allegations for paragraph 20. By way of further answer, she emphatically disagrees that the child should be enrolled in school in Lebanon or that Father should have any periods of extended custody with the child in light of his history. 21. Admitted in part; denied in part. It is admitted that someone filed a report with a child protection agency, it is unknown who filed the report. It is specifically denied that Mother attempted to commit suicide. 22. Mother is without sufficient information to admit or deny the allegations in paragraph 22 of Father's petition. By way of further answer, Mother is willing to work with a caseworker and cooperate with an investigation so that it can be determined by the agency that the child should be returned to Mother immediately. 23. Admitted. 24. Admitted. 25. Admitted. 26. Admitted. NEW MATTER - DVFFNnANTI PETITION FOR EMERGENCY RELIEF FOR THE. RETURN OF Ci1CTODV PENDING A HF ,? RING 27. Paragraphs 1 through 26 are incorporated herein by reference as though fully set forth. 28. Mother has been the child's primary caretaker since birth. 29. The parties separated in February of 2004. 30. The first time Father ever exercised overnight custody by himself without a third party present was on February 26, 2009. Mother was informed on February 27, 2009 that Father had custody of the child and she immediately attempted to make arrangements for the child to be placed with her primary babysitter, Christina McCardell. Father subsequently obtained an emergency ex parte order granting custody to him pending further order of court. 31. When Mother returned home on March 4, 2009 and requested to see the child, Father informed Mother that she could not see the child unless she came to his residence and permitted him to search her and her belongings and gave her keys to him. He further told her the court order stated that she had to be supervised during visitation. 32. Mother emphatically denies that she attempted to commit suicide at any time. Mother was diagnosed with depression in 2002 which was adequately managed by counseling. In September of 2008, Mother was a victim of domestic abuse and had a depression relapse and Mother's doctor prescribed Lexapro in addition to the counseling. Mother was then prescribed Ativan in October of 2008 to be taken on an as needed basis to deal with anxiety related to her having been victimized, the anticipation of testifying against her abuser, and dealing with mixed feelings relating to her relationship. Prior to the February 26, 2009 incident, Mother had taken two Ativan pills on each of approximately four occasions. In January, Mother discontinued the Lexapro because she no longer felt it was necessary. Shortly after discontinuing Lexapro, Mother was prescribed Flexeril to be taken as needed for shoulder pain, prior to February 26, 2009 ordeal, Mother had only taken one pill on two separate occasions in January of 2009. On February 25 and 26, 2009 Mother testified in a criminal trial against her ex- boyfriend for the assault committed on her in September of 2008. On February 26, 2009, Mother left court around 3:30 p.m. When she returned home around 4:00 p.m. she was feeling extremely anxious, guilty for taking part in convicting someone of a crime, alone, and generally extremely depressed. To calm her nerves, Mother took 6 Ativan pills (3 times more than usual). She also took 4 Flexiril pills (4 times more than usual). Mother had never previously taken both Ativan and Flexiril on the same day and the reaction to taking them together and in larger than normal doses resulted in her becoming numb and subsequently passing out. When she did not appear to pick up her daughter at daycare, the emergency contact, Christina McCardell, picked up the child. Mother was later discovered passed out on the couch and was awakened by police and taken to Holy Spirit Hospital. 33. Mother returned home on March 4, 2009. Mother's sole prescription at this time is Effexor XR, 75 milligrams, and she is receiving treatment with Dr. Shiv Aggarwal, MD, at Holy Spirit Hospital. Mother is also attending group therapy at Holy Spirit Hospital. 34. The incident on February 27, 2009 was an isolated incident that will not happen again. 35. Mother agrees to cooperate with Children & Youth Services if the child is returned to her home. 36. The child is extremely attached to Mother and Mother fears the child will suffer irreparable psychological harm if not returned home immediately. Father has taken the child out of her usual routine and is attempting to enroll her in a new school in Lebanon County without Mother's consent. 37. Mother has talked to the child on the telephone and the child wants to come home. The child misses Mother, her babysitter, her two cats, her school, and her home. 38. The child has never been away from home for this long. Since the parties' separation in February of 2004, Father has only had the child overnight on a handful of occasions, mostly at the home of his mother who resides in Lititz. 39. Mother did not permit the child to sleep at Father's residence after his girlfriend, while residing with Father, was charged with physically abusing her four-week old son by breaking his leg and collar bone and causing brain trauma. Father's girlfriend is now serving a 5 to 12 year state prison sentence as a result of her actions while residing in Father's home. 40. Pursuant to 23 Pa.C.S. §5303, the court is prohibited from awarding custody of the child to Plaintiff absent an expeditious examination of whether or not Plaintiff poses a risk of harm to the child. Father has an extensive criminal record with convictions in York, Lebanon, and Lancaster Counties dating from the mid-1990's up through last month. Father has been convicted of assault, hit and run, reckless endangerment, cruelty to animals, possession of firearms by a convict, multiple incidents of theft, resisting arrest, and various other charges too numerous to list. Father was recently residing with a woman who committed aggravated assault against her own infant while residing in his home. 41. Father has a suspended driver's license but he continues to drive while suspended. According to Mother's neighbor, Father drove to and from Mother's house when he picked up the child on February 26, 2009. Mother expects that he routinely drives while suspended, including when he has custody of the child. 42. Charges for Habitual Offender Driving Under Suspension, a second degree misdemeanor, were filed against Father as recently as February 27, 2009 in Lebanon County at docket number CR-0000076-09. 43. Since being in Father's custody, the child has contracted strep throat. The child wants to be home while dealing with her illness. 44. Mother is deeply concerned about the medical care, if any, the child is receiving at Father's home. Father has not taken the child to the child's usual pediatrician and has no experience caring for a sick child. 45. Father is incapable of taking care of a young child. He lacks maturity, common sense, good judgment, and basic parenting skills. WHEREFORE, Defendant respectfully requests this Honorable Court to immediately return custody of her daughter to her pending a hearing or conference on the matter. By: JEA E B. COSTOPOUL + SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 1 Attorney for Defendant Dated: ?? VERIFICATION I, Theresa L. Fenerty, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date- Lo D q 4e . F ne I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Marylou Matas, Esquire 16 W. High Street Carlisle, PA 17013 By: JEAN E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ?? ?? Attorney for Defendant Date: CD w -? - 1 JEANNA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ERIC S. DELLER, ; Plaintiff VS. THERESA L. FENERTY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No 1368 CIVIL TERM : CIVIL ACTION - AT LAW : CUSTODY PRAECIPE TO ENTER APPEARANCE AS COUNSEL FOR DEFENDANT TO THE PROTHONOTARY: Please enter my appearance as counsel of record for Defendant, Theresa L. Fenerty, in the above custody action. Dated: ?6 I By: JEARM B. COSTOPOULOS, ESOVIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant .1 -.0 CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Marylou Matas, Esquire 16 W. High Street Carlisle, PA 17013 Date: '( i? / ? By: Hk"t B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ? r.a ° {.,? c-?r 'fit o `; ,?,. ~ t . y S"ti ^~' a7 tV . ERIC S. DELLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1368 CIVIL ACTION LAW THERESA L. FENERTY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 10, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 24, 2009 at 10:30 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/ Dawn S. Sunda Es q. 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 or- p VINVAIAGNINM rt f__ int "I , -1 _Vm Z -C Odd 0 ! 8VN 6002 0R 'D - C11H ERIC S. DELLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THERESA L. FENERTY, DEFENDANT NO. 09-1368 CIVIL IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 12th day of March, 2009, upon consideration of the Plaintiff's Petition for Emergency Relief and Defendant's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that a Emergency Hearing on the matter is set for Tuesday, March 17, 2009, at 9:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Each party will be given no more than 30 minutes to present their case. IT IS FURTHER ORDERED AND DIRECTED that the child shall be brought to the Cumberland County Courthouse at the time of the hearing. By the Court, "` M. L. Ebert, Jr., J ? Marylou Matas, Esquire Attorney for Plaintiff ?Jeanne B. Costopoulos, Esquire Attorney for Defendant Court Administrator - Pr bas 12TI jZX rr)-7 (1-5-CL ?3 ra jc? ?J f S ! Waal 2 1 Nvw 6001 ERIC S. DELLER, Plaintiff V. THERESA L. FENERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1368 CIVIL TERM IN RE: SPECIAL RELIEF ORDER OF COURT AND NOW, this 17th day of March, 2009, after emergency hearing in the above-captioned matter, the Court does find that the best interest of the child will be served by return of primary custody to the mother. Both parties are directed to submit to random drug testing at the direction of this Court. The parties are directed to appear for conciliation and full hearing on this matter before the conciliator on March 18th, 2009. The child will not be removed from this jurisdiction without the express order of this Court. By the Court, A+ U14 & M. L. Ebert, Jr., J. arylou Matas, Esquire For the Plaintiff /eanne B. Costopoulos, Esquire For the Defendant lfh Z -I Wd b 1 HVW 6002 i li, L; ,Hi ?O-a:-PU ERIC S. DELLER Plaintiff VS. THERESA L.FENERTY Defendant MAR 2 6 2009 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1368 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 31 day of M a C y?N , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated March 4, 2009 and March 18, 2009 are vacated and replaced with this Order. 2. The Father, Eric S. Deller, and the Mother, Theresa L. Fenerty, shall have shared legal custody of Samantha Paige Deller, born June 3, 2003. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m., beginning March 27, 2009. In addition, the Father shall have custody of the Child beginning March 31, 2009, every Tuesday from 6:00 p.m. until 8:00 p.m., for which the Mother shall transport the Child to and from the Father's residence, and every Thursday, from 6:00 p.m. until 8:00 p.m., for which the Father shall make arrangements for all transportation. J AF Wf".,. r. 0 ? :P- N!d I ? 8W4 HE 3 Hi 40 5. Neither party shall remove the Child from the Commonwealth of Pennsylvania without the advance written consent of the other parent or an Order of Court. 6. The Mother shall ensure that the Father is listed as a contact on the Child's daycare and school records. 7. Upon request from the Father, the Mother shall provide the Father with written confirmation from her mental health treatment program that she is in compliance with the prescribed treatment, including medications. 8. The parties shall make arrangements for the Child to participate in counseling with a professional selected by agreement between the parties. The purpose of the counseling shall be to monitor the Child's emotional well-being in light of conflicts in the family and custodial situation 9. Each party shall undergo drug testing upon the request of the other. The party requesting the testing shall be responsible to pay the costs thereof. 10. The parties shall make arrangements with Arnold Shienvold, PhD' or other professional selected by agreement, to evaluate and provide a recommendation on the issue of whether it would be in the Child's best interests to have any type of contact with Damon Deller, including contact in person, or by telephone, email or any type of correspondence. All costs of evaluation of this issue shall be shared equally between the parties. 11. Within four (4) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 14, -A, A4 M. L. Ebert, Jr. J. cc: Marylou Matas, Esquire - Counsel for Father Jeanne B. Costopoulos, Esquire - Counsel for Mother Ao ' 30- 3/ 0 9 ERIC S. DELLER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. THERESA L. FENERTY Defendant Prior Judge: M. L. Ebert, Jr. 2009-1368 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samantha Paige Deller June 3, 2003 Mother 2. A custody conciliation conference was held on March 18, 2009, with the following individuals in attendance: the Father, Eric S. Deller, with his counsel, Marylou Matas, Esquire and Jason Kelso, Esquire, and the Mother, Theresa L. Fenerty, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agreed to an Order in the form as attached. v Date Dawn S. Sunday, Esquire Custody Conciliator JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ERIC S. DELLER, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. THERESA L. FENERTY, Defendant No 09-1368 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY PETITION TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes Jeanne B. Costopoulos, Esquire, and respectfully represents the following in support of this Petition to Withdraw as Counsel for Defendant: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Theresa L. Fenerty, Defendant, in the above captioned case. 2. Defendant has exhausted her initial retainer for legal services of Petitioner. 3. Defendant has not provided additional funds to Petitioner for continued representation. 4. Defendant has not responded to written warnings from undersigned counsel that the instant petition would be filed in the event she could no longer comply with her fee contract. 5. Defendant may be eligible for representation through legal services. 6. The Hon. M. L. Ebert was previously assigned to this case. 7. Counsel for Plaintiff, Marylou Matas, Esquire, does not object to the relief requested herein. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to grant her leave to withdraw as counsel from Defendant's case. Respectfully Submitted: By: JEANNE B. COSTOPOULO UIRE Attorney LD. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: ~( 7! ~~ VERIFICATION I, Jeanne B. Costopoulos, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: _~ j ~~ " e_ Jeanne B. Costopoulos -Petitioner CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Theresa L. Fenerty 120 South 2"d St., Apt. 2 Wormleysburg, PA 17078 Marylou Matas, Esquire 16 W. High Street Carlisle, PA 17013 By: JEAN E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ~l7` " t r_ry,.r° ,~;:_: r'~ ~ .. JUL 13 2009 ERIC S. DELLER, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNT.', PENNSYLVANIA vs. No 09-1368 CIVIL TERM THERESA L. FENERTY, :CIVIL ACTION - AT LAW Defendant :CUSTODY ORDER OF COURT n~ AND NOW this ~~ day of ~~3~ ~ , 2009, a Rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable ~.~ days from service. BY THE COURT: Distribution: e B. Costopoulos, Esq., 5000 Ritter Rd., Ste. 202, Mechanicsburg, I'A 17055 eresa L. Fenerty, 120 South 2"d St., Apt. 2, Wormleysburg, PA 17078 ~arylou Matas, Esq., 16 W. High St., Carlisle, PA 17013 d ~~[:3-t~~ ri~~ Z(~Q4 JUL 22 PM 3~ G 6 FE~-~~YL~rfv"~i~ SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTOPHER A. BLOUSE 1106 Laurel Avenue Camp Hill, PA 17011 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09~ !~/~?/ v. COURTNEY A. BAKER 6603 Salem Park Circle Mechanicsburg, PA 17050 Defendant CIVIL ACTION -LAW JURY TRIAL DEMA~JDED CERTIFICATE OF SERVLCE AND NOW, this 7~. Srday of July, 2009, I hereby certify that a true and correct copy of the foregoing Plaintiff s Second Request for Production of Documents to Defendant will be served upon the following via United States mail, postage prepaid, addressed to: Joseph Murphy, Esq. Forty Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 SHOLLEN By: ER & JANUZZI, LLP Timothy A. Shollenberger, Esquire Adam T. Wolfe, Esquire ZQQ4 ~~~ 22 P~ 2~ ~~ 9 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 ror riaintitr CHRISTOPHER A. BLOUSE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1421 v. COURTNEY A. BAKER Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this L1 s~day of July, 2009, I hereby certify that a true and correct copy of the foregoing Plaintiff's Third Set of Interrogatories to Defendant will be served upon the following via United States mail, postage prepaid, addressed to: Joseph Murphy, Esq. Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 ..~ SHOLLENB'LRGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esquire Adam T. Wolfe, Esquire ~14.~i~--u~~ ~C:~ ~?~ ~ P ~`'~~ ~~~T1~?Y 2Q~9 JUL 22 P~ 2= ~ ~ Gc.~P~~~-~. ~~;~::;~u~U sY ;A?' !'r ~.~. ._. t.~F TH'CA~~~C~ DTI ;~~' ! ~T~( ?~IOt~AY i3 AMii~ l.1 ry`.,.~..1 f ill 1!'lti ,1R~ I ~ Mf.''J~~..~t4r.. ~.. ~7 :~j`.1Vt i ~r~rvjsY~Va~~a~ ERIC S. DELLER, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No 2009-1368 CIVIL TERM THERESA L. FENERTY, :CIVIL ACTION - AT LAW Defendant :CUSTODY ORDER OF COURT 1~ AND NOW, this ~_ day of M av _, 2010, by agreement of the parties regarding Defendant's Emergency Petition to Modify Custody and for Permission to Relocate with the Child to Italy and Plaintiff s answer thereto, IT IS HEREBY ORDERED AND DIRECTED that: 1. Defendant, Theresa L. Fenerty, hereinafter referred to Mother, is granted primary physical custody of the parties' minor child, Samantha Paige Deller, born June 2, 2003. 2. Mother is specifically granted permission to relocate immediately with the child to Napoli, Italy. 3. The parties shall share legal custody of the child. Mother shall promptly email Father all important information received by her regarding the child's education, health and wellbeing and shall keep Father reasonably apprised of the child's grades and health condition and shall provide him with contact information for the child's school and health care providers. 4. Plaintiff, Eric S. Deller, hereinafter referred to as Father, shall have rights of partial custody as follows: a. Summer 2010 - if Father is released from incarceration in August, he shall have 2 weeks of custody in August with child being returned on or before September 1, 2010. Father shall pay all costs of transportation for the child and her traveling companion. b. Beginning in 2011, every summer, Father shall have custody of the child beginning the second Saturday following the last day of school until the second Saturday prior to the first day of school; c. Father shall have custody of child every year during Christmas break from December 27 through January 4, Father shall be responsible for all costs of transportation for the child and her traveling companion if necessary. d. A minimum of 25% of any other period of time the child is present in Pennsylvania; e. A minimum of 50% of any period of time Father or his Mother is visiting in Italy, provided that the child is returned home each night and attends school regularly; f. At such other times as the parties mutually agree. 5. Mother shall at all times while in Italy reside with her parents and/or her sister. If Mother moves from either of their residences, she must leave the child with her parents or sister pending further Order of Court. 6. Mother shall be fully responsible to arrange and pay for all transportation of the child and her traveling companion if necessary to and from Central Pennsylvania for Father's summer custodial periods until such time as Father's annual income exceeds $30,000.00 in which case Father shall be responsible to pay 50% of the transportation costs. Father shall provide Mother with a copy of his federal income tax return each year within ten (10) days of filing. 7. In the event Father is unavailable to exercise his summer period of partial. custody, the child's paternal grandmother, Jenny Deller, may exercise Father's rights on his behalf. 8. Mother shall be fully responsible to pay all costs associated with the child's education in Italy. 9. Both parties shall cooperate with each other to set up video conferencing between Father, paternal grandmother and the child. Within twenty days of Father confirming with Mother that he has set up video conferencing capabilities on his computer, Mother shall set up video conference on her computer and the parties shall agree on specific times at least three times per week for the child to visit with Father via video conferencing. 10. Both parties shall be entitled to reasonable telephone contact with the child. Both parties shall use common sense in scheduling telephone calls to talk to the child. Both parents shall refrain from preventing the parent who maybe calling from talking to the child, or preventing the child from calling the other parent, provided that the phone calls are not excessively frequent or too long in duration that they disrupt the child's schedule. 11. Both parents shall take all measures to foster a feeling of love and affection between the child and the other parent. Neither parent shall do or say, nor shall either parent permit the child to remain in the presence of any person who does or says, anything which may estrange the child from the other parent, their significant other or relatives, or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent and his or her relatives. 12. Both parties shall promptly notify the other of any changes in address or telephone number and shall make sure that the other party always has current contact information. 13. Mother shall continue to obtain counseling for herself and shall continue to be compliant with her medication. Mother shall sign an authorization permitting father to obtain general information from Mother's health care providers indicating whether or not she is in compliance with their recommendations. 14. It is understood that if Mother fails to abide by the provisions of this Order, including but not limited to failing to send the child to Father for his periods of partial custody, possible ramifications include payment of fines and costs, transfer of physical custody to Father, and/or authorization for Father's Mother, Jenny Deller, to pursue relief and sanctions on Father's behalf in either Pennsylvania or Italy. Distribution: By the Court: ~~1. ~ M. L. Ebert, Jr., ~,1a J. Marylou Matas, Esquire, 16 W. High St., Carlisle, PA 17013 Jeanne B. Costopoulos, Esquire, 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055