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HomeMy WebLinkAbout09-6624JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. CIVIL TERM DEVON M. STEWART, CIVIL ACTION -LAW DEFENDANT : IN 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 JOSEPH M. PINCI9 PLAINTIFF VS. DEVON M. STEWART, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO.0 `- t- G CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, JOSEPH M. PINCI, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is JOSEPH M. PINCI, who currently resides at 105 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant (hereinafter sometimes referred to as "Mother") is DEVON M. STEWART, who currently resides at 202 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks Shared Legal and Shared Physical Custody of the following child: Name Present Residence Date of Birth JOSEPH DOMINIC PINCI 105 Fairway Drive May 1, 2006 Mechanicsburg, PA 4. The child was born out of wedlock. 5. Primary physical custody of the child is presently with the Plaintiff, who resides at 105 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Since birth the child has moved between his Maternal Grandmother's home at 202 Susquehanna Avenue, Enola and Father's home at 105 Fairway Drive, Mechancisburg. The child has resided with Mother, Father and the Maternal Grandmother. 7. The Father of the child is the Plaintiff, Joseph M. Pinci, who currently resides at 105 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 8. The Mother of the child is the Defendant, Devon M. Stewart, who currently resides at 202 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, 17025. 9. The relationship of the Plaintiff, Joseph M. Pinci, to the child is that of the Natural Father. Father resides at 105 Fairway Drive, Mechanicsburg, PA 17055. 10. The relationship of the Defendant, Devon M. Stewart, to the child is that of the Natural Mother. Mother resides at 202 Susquehanna Avenue, Enola, PA 17025. 11. The 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. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Father has great love and concern for his son; B. Mother has since birth had a significant addiction to prescription medications and illegal chemical substances; C. Mother is frequently physically and mentally unable to take care of this child; D. Father believes Mother loves the child and should have a relationship with the child, however, in Mother's present addicted condition, the child is not safe in Mother's care. 15. 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. WHEREFORE, Plaintiff, JOSEPH M. PINCI, requests this Honorable Court award the Plaintiff, JOSEPH M. PINCI, FULL LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY, of the parties' minor child, JOSEPH DOMINIC PINCI. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: September 30, 2009 Counsel for mtiff PA I.D. # 64998 4010 Gle lace Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. e DATED: oZ-?, v2C? EPH M. P NCI OF TH R ON!OTI ' 2009 OCT -5 PM 3: 12 CUM.??_ x E ??=?JUNTY PER Pv , bVk,A 41(05.5p PO Aftl c 13(0? & d314sa ABOM C& ' KuTUr_nicis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 JOSEPH M PINCI, Plaintiff V. DEVON M. STEWART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO.: 09-6624 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND FOR WRIT OF NE EXEAT AND NOW, this 12T" day of October, 2009, comes the petition of Devon M. Stewart, by and through her attorney, Kara W. Haggerty, Esquire of Abom & Kutulakis, L.L.P., and respectfully represents: The Petitioner is Devon Stewart, an adult individual, who resides at 202 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania. 2. The Respondent is Joseph Pinci, an adult individual, who resides at 105 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The subject minor child is Joseph Dominic Pinci, born May 1, 2006. COUNT I - PETITION FOR SPECIAL RELIEF 4. Paragraphs one (1) through three (3) are incorporated by reference as though set forth in full. 5. There is no court order for custody at the present time; however, Respondent did file a Complaint for Custody on or about October 5, 2009. 6. As of this date, Petitioner has not been served with the Complaint for Custody. Undersigned counsel accessed a copy of the complaint from the Cumberland County website. 7. For approximately one (1) year, Petitioner has been the primary physical custodian of the minor child and Respondent had been exercising custody on an alternating weekend basis. 8. On or about October 1, 2009, Respondent obtained custody of the minor child one day prior to his scheduled weekend, and it was agreed that Petitioner would receive custody back on Sunday, October 4, 2009. 9. To date, Respondent has refused to return custody of the minor child to Petitioner. 10. Petitioner does not know who is caring for the minor child as she has always been the primary caregiver. 11. Petitioner is unaware of the child's safety and wellbeing, as she is not provided any information from Respondent regarding the child. 12. It is believed and therefore averred that it is in the minor child's best interests to be returned to the primary physical custody of Petitioner pending a conciliation conference. 13. Petitioner believes it is in the best interests of the minor child for Respondent to continue to exercise custody on an alternating weekend basis pending the conciliation conference. 14. Undersigned counsel has contacted counsel for Respondent, Susan Kay Candiello, who does not concur with the relief requested. WHEREFORE, Petitioner respectfully requests This Honorable Court to grant her Petition for Special Relief and Order the return of the minor child to her primary physical custody pending the conciliation conference. It is further requested that the Respondent be granted alternating weekends of custody on the same schedule the parties have been operating under. COUNT II - PETITION FOR WRIT OF NE EXEAT 15. Paragraphs one (1) through fourteen (14) are incorporated herein by reference as though set forth in full. 16. This action has been brought under the custody action pursuant to Title 23. 17. The last time Mother has exercised custody was on Thursday, October 1, 2009. 18. Father refused to return the child on Sunday, October 4, 2009, as was agreed. 19. Mother has been unable to determine the child's safety and wellbeing since October 1, 2009. 20. It is believed and therefore averred that Father plans to travel to Florida with the minor child at some point next week. 21. Mother fears that Father is planning on leaving the jurisdiction with the child. 22. Father has not consulted with or obtained permission from Mother to leave the jurisdiction with the minor child. 23. It is unknown what Father's intentions are with the minor child if and when he leaves the jurisdiction with the child. 24. It is believed and therefore averred that Father may imminently remove the child from this jurisdiction. 25. This emergency petition is based upon Mother's fear that child's father will leave the area with the child. 26. It is in the best interest of the child to remain in Pennsylvania because he has a strong bond with his Mother. 27. It is in the best interest of the child to remain in Pennsylvania because if the child were removed from Pennsylvania Mother would be unaware of the whereabouts of the child and she is concerned about the quality of care being given to the child. 28. It is in the best interest of the child to remain in Pennsylvania until an order has been entered in this matter to ensure that the child is able to maintain the strong bond that he has developed with his Mother. 29. Undersigned counsel has contacted counsel for Respondent, Susan Kay Candiello, who does not concur with the relief requested. WHEREFORE, Petitioner requests This Honorable Court to direct the issuance of a Writ of Ne Exeat, directing that the parties' minor child, Joseph Dominic Pinci must not be removed from the jurisdiction of Pennsylvania. Date: iL) (ZI©1 Respectfully submitted, ABOM & KUT ULAKLS? L.L.P. Kara W. Haggerty I.D. #86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant VERIFICATION I, DEVON M. STEWART, verify that the statements made in the following are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1 Date V EVON M. STEW. AM & uUrrucis Kara W7. Haggerl ,, Esquire Attorng M No.: 86914 2 [Y est High Street Carlisle, Pennsylvania 17013 (717) 249-0900 JOSEPH M PINCI, Plaintiff V. DEVON M. STEWART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO.: 09-6624 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 12t' day of October, 2009, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Petition for Special Relief and Petition for Writ of Ne Exeat, by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Susan Kay Candiello, Esquire Law Firm of Susan Kay Candiello, P.C. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Respondent Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty, Esquire OF ?f-!'" p^.?"?SAY 20009 OCT 12 PP ;: 1 J, UUr - •,r,nr JOSEPH M PINCI, Plaintiff V. DEVON M. STEWART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO.: 09-6624 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Devon M. Stewart, in the above- captioned action. Date I 12 C' cj ABOM & KL I MEATUS; LLP r Kara W. Haggerty, Esqui 2 West High Street Q j' Carlisle, PA 17013 (717) 249-0900 ID #86914 FILED-uE=- CJs: OF THE 2009 OCT 12 Pty L,: , JOSEPH M. PINCI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6624 CIVIL ACTION LAW DEVON M. STEWART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 13, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 05, 20094 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: ls/ Hubert X. Gilro Es g. 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 OF THE PT1,T 2009 QC T 13 Pit 3: 4 ,2 -e5? '" JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 09-6624 CIVIL DEVON M. STEWART, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF AND FOR WRIT OF NE EXEAT ORDER AND NOW, this day of October, 2009, a rule is issued on the plaintiff to show cause why the relief requested in the within petition for special relief and for writ of ne exeat ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, Hess, J. E(LEL--ct, FiuE TARY 0,7 ?14r Fn yt 2009 OCT 15 A 1 I'- 0 I CU ;: it Y !O/ l SlUgt - (20i Fs rn rC4c? A4? K . R44,,.f P Cpl t td ~~'~ ~ ~ 100~~ JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DEVON M. STEWART, NO. 2009-6624 Defendant IN CUSTODY COURT ORDER AND NOW, this ~ `~ day of November, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following TEMPORARY Custody Order is entered: 1. The father, Joseph M. Pinci, and the mother, Devon M. Stewart, shall enjoy shared legal and shared physical custody of Joseph Dominic Pinci, born May 1, 2006. 2. Physical custody on a temporary basis shall be handled as follows: A. Father shall have custody of the minor child on the weekends: the first weekend shall be from Friday at 5:00 p.m. until Monday at 9:00 a.m., and the second weekend being from Saturday at 9:00 a.m. until Tuesday at 9:00 a.m. B. Mother shall have custody of the minor child at the times that Father does not have the child as set forth above. 3. The parties may modify the above schedule as they agree. Absent an agreement, the parties shall follow the schedule set forth above. 4. Transportation for exchange of custody shall be handled with the non-custodial parent picking the child up at the other parent's home, unless agreed otherwise by the parties. 5. Both parents shall enjoy a right of first refusal with respect to providing care for the child in the event the other parent has to work or is otherwise unavailable to provide care for the child for at least three and one-half (3 '/~) hours or more. 6. Legal counsel for the parties shall have a telephone conference with the Custody Conciliator on Wednesday, December 2, 2009, at 8:00 a.m. At this time, the Conciliator may suggest a modified Order to the Court if the parties agree. If there is no agreement and the parties request a hearing, the Conciliator may refer this case to the Court for a hearing with the understanding that neither party is bound by the terms of the Temporary Custody Order set forth above once the case comes for a hearing before the Court. 7. For the Thanksgiving holiday in 2009, Mother shall have the child from 9:00 a.m. until 3:00 p.m., and Father shall have the child from 3:00 p.m. until 9:00 p.m. Future holidays will be addressed in future Orders. BY THE COURT, cc: san Kay Candiello, Esquire J Kara W. Haggerty, Esquire /l/!L, f D~1 ~--~ _ I JOSEPH M. PINCI, Plaintiff vs. DEVON M. STEWART, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-6624 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Joseph Dominic Pinci, born May 1, 2006 2. A Conciliation Conference was held on November 5, 2009, with the following individuals in attendance: The mother, Devon M. Stewart, who appeared with her counsel, Kara W. Haggerty, Esquire, and the father, Joseph M. Pinci, with his counsel, Susan Kay Candiello, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. v r ~ ~ ~~ U1 Date: No embe , 2009 Hubert X. Gilr ,Esquire Custody Co iliator JOSEPH M. PINCI, PLAINTIFF VS. DEVON M. STEWART, DEFENDANT C-) C -- -? -t : IN THE COURT OF COMMON PLEA' PENNSYLIA? CUMBERLAND COUNTY 70 , r NO. 2009-6624 CIVIL TERM < n CIVIL ACTION - LAW ACTION FOR DIVORCE cn PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, JOSEPH M. PINCI, by and through his counsel, Susan Kay Candiello, Esquire, and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is JOSEPH M. PINCI, who currently resides at P.O. Box 112, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant (hereinafter sometimes referred to as "Mother") is DEVON M. STEWART, it is believed at this time is temporarily residing with the Maternal Great Grandmother, Shirley Sgrignoli, at 18 Randall Road, Enola, Cumberland County, Pennsylvania, 17025. 3. Defendant seeks Full Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth JOSEPH DOMMINIC PINCI P.O. Box 112 May 1, 2006 Enola, PA 4. The child was born out of wedlock. 5. During the past five (5) years the child has resided with the following persons at various times, at the following addresses: PERSONS ADDRESS DATES ?Om Ck 14 1 cD as The parties have shared physical custody since November, 2009 Plaintiff P.O. Box 112 Prior to November, 2009 and to present Enola, PA 17025 Defendant has had numerous residences since November, 2009. Defendant has resided with the Maternal Grandmother in Enola. Defendant has had several residences on her own and with male friends. Defendant was at Kristy Lane, in Harrisburg beginning approximately October, 2011, by December, 2011, Defendant was evicted from this residence and began staying at various motels. As of January, 2012, Defendant is "temporarily" (as stated by the Maternal Great Grandmother) with the Maternal Great Grandmother of this child, in Enola, PA. 6. The mother of the child is Defendant whose current temporary address is 18 Randall Drive, Enola, Pennsylvania. 7. Plaintiff and Defendant were never married. 8. The Father of the child is Plaintiff, who currently resides in his home, P.O. Box 112, Enola, Cumberland County, Pennsylvania, 17241. Father does not reside with any other individuals. 9. The Mother of the child is Defendant, who temporarily resides with the child's Maternal Great Grandmother and her husband at 18 Randall Drive, Enola, Pennsylvania. 10. The relationship of the Plaintiff to the child is that of natural father. 11. The relationship of the Defendant to the child is that of natural mother. 12. Plaintiff has participated as a party in a prior custody agreement concerning the custody of the child in this court. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 2009 - 6624, the result was a custody order which is attached hereto and made a part hereof as Exhibit "A". 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Father and the Paternal Grandmother have been contacted by Children and Youth and two (2) of the Mother's closest friends voicing serious concerns about the safety of the child, as a result of Mother's use of illegal chemical substances and fights with Mother's male friend; B. The child, has stated Mother's male friend hits him; C. The child, who was enrolled in kindergarten in the Fall of 2011, has missed more days at school when in Mother's custody than he has attended; D. The child, frequently comes to Father and the Paternal Grandmother stating he is hungry and has not eaten; E. Mother has a history of illegal chemical abuse and Father and the Paternal Grandmother have been told by two individuals who see Mother on a regular basis, Mother is using "bath salts" and they fear for the safety of the child; F. Mother has wrecked her vehicle, her male friend's vehicle and a vehicle which her male friend leased for her. Mother drove these vehicles without a license; G. Mother has no job, no vehicle, no license and no income; H. The child has arrived at Father's home with bruises all over his body, which Mother alleges were caused by the "demons" in her home; I. Mother and her male friend have severe fights in the presence of the child; When the child comes to Father's home after being with Mother, the child is very hyper, curses continually, and does not behave normally. After he has time to adjust to Father there are few if any problems. The child is withdrawn and will not discuss what happens at his Mother's home; K. Mother refuses to provide Father with any basic information about his son, including the child's physician and medical care, which was agreed to at the last custody conciliation and is court ordered; L. Mother does not have the environmental, financial, psychological, social and physical mental stability to provide a safe environment for this child, Father fears for his son's safety; M. Father owns his home, has a stable job and has great love for his son. Father believes he can provide the secure and stable environment which his son needs. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, JOSEPH M. PINCI, requests this Honorable Court grant the Plaintiff, JOSEPH M. PINCI, FULL LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY of the minor child, JOSEPH DOMINIC PINCI, with PARTIAL SUPERVISED PHYSICAL CUSTODY to the Defendant, DEVON M. STEWART. Respectfully submitted, LAW FIRM OF WSAN KAY CAND Dated: January-4-12011 Susan Kay r49 , Counsel fo ntiff PA I.D. # 8 4010 Glen n Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: owl ? l Gin J EPH M. PINCI EXHIBIT "A" NOV 010 20096 jj l? JOSEPH M. PINCI, Plaintiff VS. DEVON M. STEWART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-6624 IN CUSTODY COURT ORDER AND NOW, this _ I W day of November, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following TEMPORARY Custody Order is entered: 1. The father, Joseph M. Pinci, and the mother, Devon M. Stewart, shall enjoy shared legal and shared physical custody of Joseph Dominic Pinci, born May 1, 2006. 2. Physical custody on a temporary basis shall be handled as follows: A. Father shall have custody of the minor child on the weekends: the first weekend shall be from Friday at 5:00 p.m. until Monday at 9:00 a.m., and the second weekend being from Saturday at 9:00 a.m. until Tuesday at 9:00 a.m. B. Mother shall have custody of the minor child at the times that Father does not have the child as set forth above. 3. The parties may modify the above schedule as they agree. Absent an agreement, the parties shall follow the schedule set forth above. 4. Transportation for exchange of custody shall be handled with the non-custodial parent picking the child up at the other parent's home, unless agreed otherwise by the parties. 5. Both parents shall enjoy a right of first refusal with respect to providing care for the child in the event the other parent has to work or is otherwise unavailable to provide care for the child for at least three and one-half (3 '/z) hours or more. 6. Legal counsel for the parties shall have a telephone conference with the Custody Conciliator on Wednesday, December 2, 2009, at 8:00 a.m. At this time, the Conciliator may suggest a modified Order to the Court if the parties agree. If there is no agreement and the parties request a hearing, the Conciliator may refer this case to the Court for a hearing with the understanding that neither party is bound by the terms of the Temporary Custody Order set forth above once the case comes for a hearing before the Court. 7. For the Thanksgiving holiday in 2009, Mother shall have the child from 9:00 a.m. until 3:00 p.m., and Father shall have the child from 3:00 p.m. until 9:00 p.m. Future holidays will be addressed in future Orders. BY THE COURT, cc: . "_ san Kay Candiello, Esquire ara W. Haggerty, Esquire c"P'QS , a%LGe ,, ,1 f,t feq JOSEPH M. PINCI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. DEVON M. STEWART, Defendant Prior Judge: The Honorable Kevin A. Hess CIVIL ACTION - LAW NO. 2009-6624 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I . The pertinent information pertaining to the child who is the subject of this litigation is as follows: Joseph Dominic Pinci, born May 1, 2006 2. A Conciliation Conference was held on November 5, 2009, with the following individuals in attendance: The mother, Devon M. Stewart, who appeared with her counsel, Kara W. Haggerty, Esquire, and the father, Joseph M. Pinci, with his counsel, Susan Kay Candiello, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: November 2009 6 * tov) , Hubert X. Gil/ , Esquire Custody Conti iator ? IF ab0? „N by 1 f o ?(? HHj , I '-j JOSEPH M. PINCI PLAINTIFF V. DEVON M. STEWART DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANG rn rn- 2009-6624 CIVIL ACTION LAW Z? IN CUSTODY 7e C) oC_) ORDER OF COURT AND NOW, Friday, January 06, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February. 08, 2012 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro 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 /?• evey 79 cPd " ?" 63, XjoY r ??p r? JOSEPH M. PINCI, Plaintiff vs. DEVON M. STEWART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-6624 IN CUSTODY MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE This case was previously handled by Judge Hess but he did not conduct any hearings and only signed an Order that the parties agreed upon. Accordingly, understanding that Judge Hess does not want any new custody matters assigned to him, this should maybe be assigned to Judge Placey or Judge Peck. I estimate that the hearing should take no more than 1/2 day in this matter. Date: February a , 2012 Hubert X. G9 0y, Esquire Custody C nciliator F.\Clients\12321 Custody Conciliations\2012\12321.ITinci v Stewart Memo to Court Admin-pd JOSEPH M. PINCI, Plaintiff vs. DEVON M. STEWART, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA CIVIL ACTION - LAW -aq f, oca r1i NO. 2009-6624 ca roar IN CUSTODY J COURT ORDER c-a day of February, 2012, upon consideration of tln? atghe?? Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the %- day of 7CZ?, , 2012 at ?t in. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not retain counsel, shall file with the Court and opposing counsel/party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of November 16, 2009 shall remain in effect. 3. If mother retains legal counsel in this matter and the attorneys agree that a second Custody Conciliation Conference may aid in resolving the case prior to the hearing scheduled above, legal counsel for the parties may contact the Custody Conciliator directly to schedule a Conference. BY THE COURT, cc: ? Susan Kay Candiello, Esquire Ms. Devon M. Stewart (304 Kristy Lane, Harrisburg, PA 17111-5042 & c/o Shirley Sgrignoli, 18 Randall Road, Enola, PA 17025) ?;211 2// n?? JOSEPH M. PINCI, Plaintiff vs. DEVON M. STEWART, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-6624 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Joseph Dominic Pinci, born May 1, 2006 2. A Conciliation Conference was held on February 8, 2012, with the following individuals in attendance: The mother, Devon M. Stewart, who appeared without counsel, and the father, Joseph M. Pinci, with his counsel, Susan Kay Candiello, Esquire. 3. The parties were previously before the Custody Conciliator in November of 2009 at which time they reached an agreement on an Order that, essentially, provides father with custody of the child from Friday through Monday or Saturday through Tuesday on every weekend. The mother has custody at the other times. 4. Father has now filed a Petition to Modify the existing Order and is seeking primary custody. He suggests mother's home situation is very erratic and for that reason and other reasons father should be afforded primary custody. Mother is unwilling to agree on a modification of the existing Order and a hearing is required. 5. The Conciliator recommends an Order in the form as attached. Date: February 2012 /4 ICJ Hubert X. Gilr Y' Esquire Custody Con iliator D, JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-6624 CIVIL ACTION - LAW DEVON M. STEWART, IN CUSTODY Zr,? Defendant. _,. 2 -rc r-- r N (Z)`? CC:3 PRAECIPE FOR ENTRY OF APPEARANCE ; Zx N -- C-n C.3 . To David D. Buell, Prothonotary: Please enter my appearance on behalf of the Defendant, Devon Stewart, in the above captioned case. Respectfully submitted, Ao?- Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: S ' 2 - 1 L JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-6624 CIVIL ACTION - LAW DEVON M. STEWART, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Devon Stewart, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Date: ' 2 1 ?-- Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 JOSEPH M. PINCI, Plaintiff V. DEVON M. STEWART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6624 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 16th day of May, 2012, after having convened a hearing in this custody action filed by the father, Joseph Pinci, and after hearing the Plaintiff's case in full, the Plaintiff having rested, and the Defendant having begun her case with the Defendant testifying on direct, this matter is hereby continued until Monday, June 4th, 2012, at 9:30 a.m. to hear the remaining portions of the testimony. It is noted for the record that when the case begins we will start with the cross-examination by Ms. Candiello of the Defendant, Devon Stewart. The custody order dated November 16th, 2009, by Judge Kevin A. Hess shall remain in full force and effect until the remaining portion of this hearing on June 4th, 2012. By the Court, ?Susan Candiello, Esquire For the Plaintiff Jessica Holst, Esquire For the Defendant : lfh Christyle L. Peck, J. n wed - - r co r m _ `- JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DEVON M. STEWART, Defendant NO. 09-6624 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 4t' day of June, 2012, upon request and agreement of the parties, the hearing previously scheduled in the above matter for June 4, 2012, is rescheduled to Thursday, August 2, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee L. Peck, J. Susan Candiello, Esq. Attorney for Plaintiff s ? Jessica Holst, Esq. rr! =::Z" r '` . Attorney for Defendant - -? :rc;es A'V" lP? &%/ /a c :: ? s JOSEPH M. PINCI, Plaintiff V. DEVON M. STEWART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6624 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 2nd day of August, 2012, this being the time and place set for the continuation of custody hearing in this matter, and the Defendant, Devon Stewart, having failed to appear at this time, and pursuant to an agreement between the Plaintiff, Plaintiff's counsel, and Defendant's counsel, it is hereby ordered and directed as follows: 1. Mother and father of the child, Joseph Domini Pinci, shall have shared legal custody. This shall include decisions over all things related to the child legally including schooling, medical decisions, and the like. Both parents shall make every effort to provide such informatio to the other parent in a timely fashion such that the information shall be useful to the other parent. 2. Physical custody of the child shall be handl as follows up until the time for the next scheduled custod hearing in this matter: A. The parents shall share physical custod of the child on a week on/week off basis with mom having t child for a week and then father having the child for the next week. The custody schedule shall begin with father having custody of the child on Friday, August 3rd, 2012, at 5:00 p.m. until Monday, August 6th, 2012, at 9:00 a.m. whereupon mother shall have custody of the child from Monday, August 6, 2012, at 9:00 a.m. until Friday, August 10, 2012, at 7:00 p.m. and then the regular week on/week of schedule shall be in place after that time. Exchanges of the child shall take place each Friday at 7:00 p.m. The receiving party of the child is responsible for the transportation of the child. It is specifically ordered that any transportation of the child must be done by a person who is licensed by the State of Pennsylvania and that their vehicle is registered and insured. The child shall attend Cumberland Valley School District for the 2012/2013 school year beginning on August 27th, 2012. Both parents shall ensure that the child is transported to the Cumberland Valley School District each day that school is in session and in a timely fashion so that the child is at school on time. There shall be no more than two excused tardies and two excused absences of the child from school between now and the time of the next scheduled custody hearing in this matter. Further, there shall be no unexcused tardies and no unexcused absences of the child from school. Devon Stewart is ordered to provide the child's social security card and birth certificate to the father so that he may enroll the child in the Cumberland Valley Schoo District. B. In the event that there are any unexcused tardies or absences of the child from school or in the even that there are any more than two excused tardies or two excused absences of the child from school, then custody of the child shall revert to the following schedule: Dad shall have the child every week from Sunday a 7:00 p.m. until Friday at 5:00 p.m., with the mother having custody of the child on the weekends. 3. In the event that the child has any unexcused absences or more than two excused tardies or more than two excused absences, then father of the child shall call his attorney and relay that information to the attorney, and father's attorney shall call mother's attorney to give notice to the mother that father will pick up the child f school on that day at the end of the school day and have custody of the child according to the reversion schedule contained in Paragraph 2B above. 4. This matter is hereby continued for the remainder of the custody hearing, and this Court's chambers shall communicate with counsel to set up the next date and time for the hearing. By the Court, Christyle L. Peck, J. Susan K. Candiello, Esquire For the Plaintiff V Jessica D. Holst, Esquire For the Defendant 1 f h 4,,,5 4,a, -/ 5 Ivk,- .?" 0f C7 ` +-+y? JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DEVON M. STEWART, Defendant N0.09-6624 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 13`i' day of August, 2012, a further period of hearing in the abo e matter is scheduled for Monday, October 22, 2012, at 9:30 a.m., in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, / Susan Candiello, Esq. Attorney for Plaintiff t/ Jessica Holst, Esq. Attorney for Defendant v ~ ~~~C Christy ee L. Peck, J. ~=~ ~, s ~~~ ~- -- ~, . ~.n ~ ._ ~~A~ -' `. F W "'.3 ~:1~ ~L JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DEVON M. STEWART, Defendant N0.09-6624 CIVIL TERM IN RE: CUSTODY AMENDED ORDER OF COURT AND NOW, this 14~' day of August, 2012, the prior order of Court dated 13, 2012, in the above matter, is hereby amended to reflect that the date of the hearing is Monday, October 29, 2012, at 9:30 a.m., in Courtroom No. 5, County Courthouse, Carlisle, Pennsylvania. d Susan Candiello, Esq. Attorney for Plaintiff / Jessica Holst, Esq. Attorney for Defendant BY THE COURT, l Christyl L. Peck, J. c-~ -~ cni ~~ ~_ ~' -~ ~• c s+• 3 CO ~s r.~ ~;W ,.~.; `~' `~,, r~+ Q~ ~ - c~ -~ --~ ~-~ ~,~. :rc ~p~~s ~.l~d ~~/~a ~G JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~~. CIVIL ACTION -- LAW DEVON M. STEWART, Defendant NO. 09-6624 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 5th day of November, 2012, a continuation of the hearing in the above matter is scheduled for Thursday, January 10, 2013, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, - ;~ % , J Christylee L. Pe~~ck, J. Susan Candnello, Esq. Attorney for Plaintiff Jessica Holst Esq. ~ -~ - , Attorney for Defendant . -~., 3 ,,,, _~,~ Fi'i CL7 T CTl ~. ~ ;-- .~. ~i=) ~- r- .~ , ,~Gfi _ c ~ ~ "a ~ ' T ~' r ! : " c~ ~ :.:1 'r; _ rr:, __ .. JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS91F Plaintiff CUMBERLAND COUNTY, PENNSY J ts%N4 NO. 2009-6624 CIVIL TERM Wr— pa DEVON M. STEWART, Defendant : CUSTODY :r>c-) =9: MOTION FOR CONTINUANCE Defendant, Devon Stewart, by and through her attorneys, MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. On January 10, 2013, this matter was scheduled, by Order of Judge Christylee Peck, for hearing on March 25, 2013 at 9:30 a.m. 2. In the interim, the parties were ordered to obtain a Drug and Alcohol Evaluation and for the evaluator to provide a report to the Court fifteen (15) days prior to the date of hearing. The parties were ordered to use New Insights for the evaluation process. 3. The New Insights program advised that they would not provide a drug and alcohol evaluation as part of a custody action and counsel for both parties were instructed to find and agree upon a new evaluator. 4. During the time counsel was trying to determine an appropriate alternative for the evaluation, Defendant delivered her son on February 11, 2013. Due to medical complications, the child was hospitalized in the NICU from February 12, 2013 until March 1, 2013. If confirmation is needed, undersigned counsel will provide this Court with a copy of the information from The Milton S. Hershey Medical Center College of Medicine. 5. As a result of the delivery and subsequent medical issues, Defendant did not complete the drug and alcohol evaluation. 6. Plaintiff attended his evaluation on February 15, 2013 and undersigned counsel received a copy of the evaluator's report on or about March 20, 2013. 7. Defendant has an appointment with Penny Pennachi at Spirit&Associates on Friday, March 22,2013 for her drug and alcohol evaluation. This is the same facility that provided Plaintiff s evaluations. 8. Defendant is requesting that the matter scheduled for March 25, 2013 at j 9:30 a.m. before this Court be continued to allow for the completion of her evaluation and to allow sufficient time for Ms. Pennachi to prepare and provide her final report. 9. Counsel for Plaintiff does not object to the request for a continuance of this matter. WHEREFORE, Defendant requests that the Court grant this Motion and reschedule the hearing in this matter. Respectfully Submitted, J x olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 x2514 JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. 2009-6624 CIVIL TERM DEVON M. STEWART, Defendant : CUSTODY CERTIFICATE OF SERVICE I, Jessica C.D. Holst, Esquire, attorney for Defendant, do hereby certify that I served a copy of the Motion for Continuance upon the following by USPS 1 st Class Mail: Susan Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Respectfully Submitted, Aca 1st, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 JOSEPH M. PINCI, IN THE COURT OF COM)4ON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2009-6624 CIVIL TERM DEVON M. STEWART, Defendant : CUSTODY ORDER FOR CONTINUANCE AND NOW, this A&day of March 2013, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on March 25, 2013 at 9:30 a.m. , by this Court's Order of January 10, 2013, is hereby rescheduled for hearing on 2013 at - .3 d.m. in Courtroom No. 5 on the 4th Floor of the Cumberland County Courthouse, 1 Cou4thouse Square, Carlisle, Pennsylvania. By the Court, ChristylegVL. Peck, Judge Distribution: j ✓ Jessica Holst, Esquire, MidPenn Legal Services, 401 East Louther Street, Carlisle, PA 17013 Susan Candiello, Esquire, 4010 Glenfinnan Place, Mechanicsburg, PA 17055 C G t'T't M ccnn r rva cn _� C ~i-r —+ w 5 JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-6624 CIVIL ACTION—LA%:K 4, rnm r•r; � DEVON M. STEWART, IN CUSTODY Defendant MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT PURSUA§i�,TO Pa.R.C.P. 1012 AND NOW, comes Petitioner, Jessica C. D. Holst, Esquire, of MidPenn Legal Services, and hereby petitions the Court as follows: 1. Petitioner is Jessica C. D. Holst, Esquire, Attorney for the above-named Defendant, with a business address of MidPenn Legal Services, 401 East Louther Street, Suite 103, Carlisle, PA 17013 2. Respondent is the above named Defendant, Devon M. Stewart, an adult individual whose current mailing address is 9085 Joyce Lane, Hummelstown, PA 17036. 3. Petitioner and Respondent have reached an impasse on the way this custody matter should be handled. 4. Despite discussions to address this matter, Petitioner and Respondent have been unable to reconcile their differences and Petitioner does not believe that she can continue to ethically represent Respondent. 5. This matter is scheduled for a final day of hearing on June 14, 2013 at 9:30 a.m. before this Court. 6. Pursuant to Pa.R.C.P. 102, Petitioner may not withdraw as counsel without leave of Court unless another attorney is entering his or her appearance. 7. Petitioner is not aware of any other attorney entering his or her appearance on behalf of Respondent. 8. Petitioner has attempted to contact Susan K. Candiello, Esquire, counsel for Plaintiff, but has been unsuccessful in determining whether she would or would not concur in the relief requested herein. 9. Petitioner has contacted Devon M. Stewart, Defendant, who has indicated that she does not concur in the relief requested herein. WHEREFORE, Petitioner respectfully requests this Honorable.Court to allow her appearance as Counsel for the Defendant in this matter to be withdrawn. Respectfully submitted, Jessi a Is Esquire MidP Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: �0 Y . Y JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-6624 CIVIL ACTION—LAW DEVON M. STEWART, IN CUSTODY Defendant VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: essi o st, Esq. JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V*. CIVIL ACTION—LAW DEVON M. STEWART, Defendant NO. 09-6624 CIVIL TERM IN RE: MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT PURSUANT TO Pa. R.C.P. 1012 ORDER OF COURT AND NOW, this 30th day of May, 2013, upon 'consideration of the Motion To Withdraw as Counsel for Defendant Pursuant to Pa. R.C.P. 1012, filed by Jessica C.D. Holst, Esq., attorney for Defendant, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at the hearing scheduled in this case for Friday, June 14, 2013, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christlylee L. Peck, J. ..,"Susan Candiello.;Esq.' 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Plaintiff .,, essica Holst, Esq. MidPenn Legal Services 401 East Louther Street Suite 103 , Carlisle, PA 17013 Attorney for Defendant 2t CO evon M. Stewart 9085 Joyce Lane Hummelstown; PA 17036 Defendant :rc 1 JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DEVON M. STEWART, CIVIL ACTION - LAW Defendant NO. 09-6624 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 14th day of June, 2013, this being the time and place for a further continuation of the evidence, and the parties having submitted through stipulation each of their clients respective drug and alcohol evaluations to be filed on record under seal, and after having spoken with the child in this matter in chambers and heard oral argument, and the parties having agreed that the evidence is hereby closed, there shall be no further hearings and this matter is taken under advisement . By the Court, Christy ee L. Peck, J. c� SRI `, <usan K. Candiello, Esquire , -r For the Plaintiff rn3a) M— -,- Jessica M. Holst, Esquire :z rn For the Defendant ?' -� CD :y : lfh y W L Z//3 JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW DEVON M. STEWART, Defendant. NO. 09-6624 CIVIL TERM IN RE: CUSTODY TRIAL ORDER OF COURT AND NOW, this 17'h day of September 2013, following a trial concerning the parties' legal and physical custodial responsibilities for their minor child, Joseph Dominic Pinci, born May 1, 2006, it is hereby ORDERED AND DECREED that, in the child's best interests, the "Parenting Plan" shall be as follows: 1. LEGAL CUSTODY Plaintiff Joseph M. Pinci ("Father") and Defendant Devon M. Stewart ("Mother") shall have shared legal custody of Joseph Dominic Pinci ("the Child"). Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5336, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. PHYSICAL CUSTODY In General: In General: a. Mother and Father shall equally share physical custody of the Child, alternating week-on, week-off. b. Father shall have the following periods of physical custody of the Child: i. Every Friday evening, during Father's respective week-on with the Child, from 7:00 p.m. through the following Friday evening at 7:00 p.m. Father will ensure that the Child is transported to Mother's residence by 7:00 p.m. on the returning Friday evening for the start of her week of custody. Father will ensure that the Child is transported to and from school each day on a timely basis, such that the Child is not tardy to school, during his period of custody. ii. At such other times as mutually agreed upon by the parties. 2 c. Mother shall have the following periods of physical custody of the Child: i. Every Friday evening, during Mother's respective week-on with the Child, from 7:00 p.m. through the following Friday evening at 7:00 p.m. Mother will ensure that the Child is transported to Father's residence by 7:00 p.m. Friday evening for the start of his week of custody. Mother will ensure that the Child is transported to and from school during her period of custody on a timely basis such that the Child is not tardy to school. ii. For an additional period of six weeks every summer commencing the first Friday, at 7:00 p.m., after the last day of the Child's school year. At the conclusion of the six week period, Mother will ensure that the Child is transported to Father's residence by Friday at 7:00 p.m., at which time the regular week-on, week-off schedule will resume. iii. At such other times as mutually agreed upon by the parties. Education: a. The Child shall remain a student at the Cumberland Valley School District for the life of this Order. This provision can be modified only by order of court. Holidays: a. The Child's holiday schedule will be determined through mutual agreement of the parties. b. Both Mother and Father shall have one week of vacation per year with the Child. The parties shall give each other 30 days of notice for any planned vacation. The parties shall provide each other with complete addresses and telephone numbers 3 where they can be reached while on vacation with the Child if they vacation away from their residence. 3. GENERAL RULES OF CONDUCT a. Promoting Affection: Each parent shall promote the natural development of the Child's love and affection toward the other parent or the other parent's extended family, and shall make a conscience effort to do so. To the extent possible, the parents shall prevent third parties from alienating the Child's affections from the other parent as well as the other parent's extended family. b. Promoting Respect: It shall be the duty of each parent to hold out the other parent as one the Child should respect and love. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parent shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, or other familial name of respect. c. Emergencies: Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, the party then having custody of the Child shall immediately communicate with the other party by telephone or any means practical, informing the other party of the nature of the illness or emergency so that the other parent can become involved in the decision making process as soon as practical. d. Communication: Both parents shall enjoy reasonable telephone contact with the Child when the Child is in the custody of the other parent. At all times, the 4 parents shall civilly and respectfully communicate about co-parenting, legal custody issues, and changes in schedules whether by telephone, via letters, faxes, texts, email, in person, or by whichever means is the most appropriate for the matter. The parents shall refrain from encouraging the Child to provide reports about the other parry. Communication should always take place directly between parents, without using the Child or others as an intermediary. e. Transportation: Transportation shall be by the terms of this Order or shared as agreed by the parties. f. Notice: The parents shall give each other five hours of notice of any conflict that may prevent the transportation of the Child so that other arrangements may be made through mutual agreement. g. Extracurricular Activities: Both parents shall ensure the Child's access to extracurricular activities while the Child is in their custody. h. Alcohol and Drug Use: During any period of custody, the parties shall not possess or use illegal substances or consume or be under the influence of alcoholic beverages to the point of intoxication. Any prescribed medications shall be taken only to ensure therapeutic levels. The parents shall, to the extent possible, ensure that other household members and or guests comply with this provision. i. Modification: The parties may modify the terms of this Order, but in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms, meaning that both parties must consent in writing on what the terms of the custody arrangement or schedule shall be. In the absence of mutual consent, 5 the terms of this Order shall control. The reason this Order is set out in such detail is so both parties have it to refer to and to govern their relationship with the Child and with each other in the event of a disagreement. j. Proposed Modifications: Both parents shall use their best efforts to engage in joint decision-making with respect to the Child. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall discuss their modification proposals, if necessary, to reach a decision in the best interests of the Child. This shall be done prior to contacting their respective attorneys. 4. RELOCATION a. Relocation is defined as a change in residence of the Child which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the Child consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the Child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. § 5337. Specifically, the relocating party must notify every other individual who has custody rights to the Child by certified mail, return receipt requested. The notice must then comply with the following requirements: i. Notice must be sent no later than: (1) the 60ffi day before the date of the proposed relocation. 6 (2) the 10ffi day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. ii. Unless otherwise excused by law, the following information must be included in the notice: (1)the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s) for the proposed relocation. (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. 7 (10) a counter-affidavit as provided under subsection (d)(1) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non-relocating party that, if the non-relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non-relocating party shall be foreclosed from objecting to the relocation. iii. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice. iv. If the non-relocating parent objects to the proposed move, he/she must do so by filing the counter-affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. V. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 8 5. ENUMERATED OFFENSES Mother lives with her fiance Jason Lockey. Both are twenty seven years old. Testimony revealed that Mr. Lockey was convicted of public drunkenness when he was twenty-one years old and that he was convicted of a DUI before meeting Mother. The two have known each other for approximately one and a half years. Father is thirty-seven years old. Father testified that he was convicted of possession of marijuana when he was eighteen years old. Father testified that he was convicted of a sexual assault when he was twenty-one years old. He also testified that he was convicted of a DUI in 2010. This Court has taken into consideration this past conduct of both parents and has determined that the parents pose no threat of harm to the Child. See 23 Pa.C.S.A. § 5329. Neither party submitted certified copies of their criminal history records to this Court. The Court relied on their testimony. 6. ASSESMENT In arriving at the above "Parenting Plan," this Court considered the factors set forth in 23 Pa.C.S.A. § 5328, including: 1) Encouraging and Permitting Contact: Father alleges Mother gives up the Child during periods for which she should be responsible for him. 2) Present and Past Abuse: Testimony was elicited that when Mother's other son Phillip was six years old there was an incident of an inappropriate sexual nature with the Child, aged four at the time. Phillip may himself have been the victim of abuse. Subsequently they have received counseling. Father is concerned about the Child being in Phillip's company, however there was no testimony elicited of any further incidents and 9 there appears to be no physical danger to the Child at this time (see also paragraph 5) Mother testified that there is no domestic violence in her home and that she has no concerns about leaving the Child alone with her fiance, Mr. Lockey. 3) Parental Duties: Mother testified that she gets the Child on and off the school bus. She admits the Child was frequently tardy from school while under her supervision. Father testified he bathes and clothes the Child. Father needs to do a better job of taking the Child to medical appointments instead of relying on the Mother to do so. 4) Stability and Continuity in the Child's Life: Mother lives in a town house. Father lives in a four-bedroom home in Mechanicsburg, Pennsylvania. Father testified he is considering selling the Mechanicsburg home, but that, in the event that he does, he will buy another home in the Cumberland Valley School District so that the Child may stay in the same school. 5) Availability of Extended Family: Both Mother and Father have extended family who live in the area. Mother's other son, Phillip, age 9, lives primarily with his grandmother. They reside twenty-five minutes from Mother and she visits them often. Father and his mother visit frequently. Father's mother takes the Child to school every Monday and the Child has never been tardy under her care. 6) The Child's Sibling Relationships: Mia, age 15, Faith, age 10, Mattie, age 7, and Ava, age 7, are half-siblings that live in Father's household. Mia's mother is Shannon Penneka. Faith, Mattie, and Ava's mother is Kristin Aldinger. Father testified that the Child has a good relationship with his siblings. Mother's other son, Phillip, age 9, only spends occasional time at Mother's household. 10 7) The Child's Preference: This Court met with the Child in Chambers. The Child testified that he loves life with Father but did not express a preference as to with whom he would like to live. 8) Attempts to Turn the Child Against the Other Parent: There was no testimony indicating attempts by either parent to turn the Child against the other parent. 9) Maintaining a Relationship: Father has spent ten years at his current residence, a four bedroom home in Mechanicsburg. Mother now resides with her fiancd, Mr. Lockey, in a townhouse. She had been evicted from a prior residence and had stayed at various hotels for about a month. 10) Attending to the Needs: Both parents appear to presently be capable of attending to the needs of the Child. 11) Proximity of Residences: Mother and Father reside approximately a half hour drive apart from each other. 12) Availability to Care: Mother is currently unemployed and recently withdrew from school; however, she plans to re-enroll. Father operates his own tree service business where he has worked for the last fifteen years. He works from 8:00 a.m. until 4:00 p.m., Monday through Friday. 13) Level of Conflict: There appears to be a high level of conflict between the parents, however, there appears to be a willingness to work together as exhibited by the parties desire to determine the Child's holiday schedule through mutual agreement. 14) History of Drug and Alcohol Use: Both parties testified to a history of illegal drug use and alcohol abuse. Mother testified that she and Father were both addicted to 11 x pain medication and have done drugs together in the past. Mother goes to a methodone clinic three times per week and testified that she has been clean since July of 2009. Father testified to a history of using marijuana, cocaine, and pain medication. 15) Mental and Physical Condition: Father testified that he takes prescribed anxiety and pain medications. Mother has taken Adderol for ADHD since 2009. In on proceeding in court, Father appeared to be under the influence, prompting this Court to request an immediate urine drug test. Father consented to the test but after an hour and a half long wait failed to produce a specimen. The trial was continued pending a drug and alcohol evaluation. Father complied and provided an extensive evaluation by Spirit & Associates. The report concluded that Father may struggle with abusive/addictive use of his prescribed pain and anxiety medications. Mother did not comply and provided only a recommendation by Family Life Services for outpatient counseling. A copy of this Final Order of Custody shall be sent to both attorneys, who shall provide a copy to their client. BY THE COURT, Christy ee L. Peck J. tT� rn r� "C Z �K _,/Susan K. Candiello, Esq. �? Attorney for Plaintiff �� == /Jessica M. Holst, Esq. Attorney for Defendant q 12