HomeMy WebLinkAbout09-8059ANTHONY J. COLAVITO
Plaintiff
VS.
JENNIFER L. MUZIC,
Defendant
AND NOW, comes Plaintiff, Anthony Colavito, by and through his counsel, Linda A.
Clotfelter, Esquire, who files this Complaint in Custody and in support thereof states the
following:
1. Plaintiff is Anthony Colavito, (hereinafter referred to as "Plaintiff'), an adult
individual who resides at 5221 East Trindle Road, Unit # 1, Mechanicsburg, Cumberland
County, Pennsylvania 17050.
2. Defendant is Jennifer Muzic, (hereinafter referred to as "Defendant"), an adult
individual through information and belief resides at 5202 Crestwood Drive, Harrisburg, Dauphin
County, Pennsylvania 17109.
3. The parties are the natural parents of one (1) child, namely: Aubrey L. Colavito,
born September 4, 2009, age (21/2) months, (hereinafter referred to as the "Child").
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. U q -
CIVIL ACTION - LAW
IN CHILD CUSTODY
COMPLAINT FOR CHILD CUSTODY
4. During the child's life she has resided as follows:
WITH WHOM
A rlrll? Pc c
FROM / TO
Mother, Maternal Aunt
Maternal Uncle
5202 Crestwood Drive
Harrisburg, PA 17109
11/15/09 to present
Mother and Father 5221 E. Trindle Road, Unit # 1 birth (9/4/09) to 11/15/09
Mechanicsburg, PA 17050
Mother has refused Father's repeated requests for custody of the Child since she
absconded with the Child.
6. Father has not participated in any other litigation concerning the child in this or
any other state.
7. There are no other proceedings pending involving custody of the child in this or
any other state.
8. Father knows of no person not a party to these proceedings who has physical
custody of the child or who claims to have custody, partial custody or visitation rights with
respect to the child.
9. The best interests of the child will be served by granting Father primary physical
custody for the following reasons:
a. Father was the parent who provided the child's primary care on a daily basis since
birth. Father wishes to continue in his role as the Child's primary care giver and
he is ready, willing and able to do so in a loving and stable home environment.
Mother, on the contrary, did not make the Child a priority in her life. Mother
would leave the Child with Father and go out drinking to excess until all hours of
the morning. She would return home inebriated and in that state she was unable
to care for the Child in any manner because she would remain unconscious for
hours. During those times, which were frequent, Father met all of the Child's
needs.
b. Mother's conduct has clearly not been in the best interests of the Child. On
November 15, 2009, without prior notice to Father, Mother took the Child and left
her with unknown third parties while Mother and approximately twelve (12)
individuals appeared at the parties' home and removed personal belongings gifted
to Father despite Father's objections. Mother was so loud, yelling obscenities and
was outwardly hostile to Father to the extent that her family members had to yell
at her and forcibly restrain her to get her to stop the outbursts. Since that time
Mother has refused Father's repeated requests to see the Child. Mother has also
refused to give Father notice of the Child's location, which is clearly conduct that
is NOT in the best interest of the Child.
C. Mother, age 23, who very recently lost her own mother to a drug overdose, has
severe emotional and medical problems that require her to be medicated with
zoloft, zanax and percocet. Mother also has a significant alcohol dependency
problem and anger management issues. Because of Mother's issues, Father fears
for the safety of the Child while in her care.
d. Mother has also shown a complete disregard of the law and legal authorities and
Father believes that due to her conduct in that regard the Child will ultimately be
harmed. Mother, who does not have a driver's license due to a DUI, has taken
Father's vehicle while drunk, without his consent. She also uses illegal drugs on a
regular basis. Father fears that Mother will drive while intoxicated with the Child
and/or the Child will otherwise be harmed during one of Mother's drunken or
drugged states.
e. Father is concerned with the Child's safety due to Mother's criminal tendencies as
evidenced by her numerous prior criminal charges including the following:
1. Purchase of alcoholic beverage by minor (2002);
2. Possession of marijuana (2004);
3. Use and possession of drug paraphernalia (2004):
4. Purchase of alcoholic beverage by minor (2004);
5. Public drunkenness and similar misconduct (2004);
6. Careless driving (2004);
7. Accidental damage to unattended vehicle or property (2004);
8. Failure to notify police of accidental damage to vehicle (2004);
9. Possession of marijuana (2005);
10. Use and possession of drug paraphernalia (2005);
11. Purchase of alcoholic beverage by minor (2005);
12. DUI: High rate of alcohol (BAC .10 -.16) 1St offense, (2008)
13. DUI: Generally incapable of driving safely -1St offense (2008),
14. Accident involving damage to attended vehicle/property (2008),
15. Operating vehicle without valid inspection (2008),
16. Harassment: Course of conduct with no legitimate purpose (2009).
g. Father fears for the Child's safety while in Mother's care due to her emotional
issues; alcohol abuse; criminal background and her general lack of care or
consideration for the Child and her best interests, given her history of not making
the Child a priority in her life. Father also seeks to have this Court order that
Mother be tested for drugs on an unannounced, regular basis and that this Court
Order that Mother must not consume any alcohol or illegal drugs while the Child
is in her physical custody.
h. Father is employed, has a stable home, and is able to meet the Child's needs while
Mother is unemployed, unable to drive, and has shown a complete disregard for
the Child's primary needs.
WHEREFORE, Plaintiff, Anthony J. Colavito, respectfully requests that this Honorable
Court enter an Order as follows:
a. Granting the parties shared legal custody;
b. Granting primary physical custody of the Child to Father and supervised visitation
to Mother;
C. Directing that Mother be tested and treated for drug and alcohol abuse;
d. Directing that Mother must not consume any alcohol or illegal drugs while the
Child is in her physical custody; and
e. Granting such other relief as this Court deems just and proper.
Respectfully submitted,
Date: 1 111 P °
LAW FIRM OF LINDA A. CLOTFELTER
lorney da tfelter, Esquire
ID No. 72963
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
Attorney for Plaintiff
ANTHONY J. COLAVITO : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO.
JENNIFER L. MUZIC, : CIVIL ACTION - LAW
Defendant : IN CHILD CUSTODY
VERIFICATION
I, ANTHONY J. COLAVITO, verify that the statements in the foregoing COMPLAINT
IN CHILD CUSTODY 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: 11-1a-A
ANTHONY J. LAVITO
"FIL D-OFr CE
R ONOTARY
'OF THE PR ?T P
2009 NOV 19 PM 4: 4 3
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ANTHONY J. COLAVITO,
Petitioner/Plaintiff
VS.
JENNIFER L. MUZIC,
Respondent/Defendant
Prior Judicial Assignment: None.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 019- ,59 C,?0-4 To...
: CIVIL ACTION - LAW
: IN CHILD CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF IN CHILD CUSTODY
AND NOW, comes Plaintiff, Anthony Colavito, by and through his counsel, Linda A.
Clotfelter, Esquire, who files this Emergency Petition for Special Relief in Child Custody and in
support thereof states the following:
1. Petitioner is Anthony Colavito, (hereinafter "Father"), Plaintiff in this proceeding
who is an adult individual residing at 5221 East Trindle Road, Unit # 1, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
2. Respondent is Jennifer Muzic, (hereinafter referred to as "Mother"), Defendant in
this proceeding who is an adult individual who, upon information and belief resides at 5202
Crestwood Drive, Harrisburg, Dauphin County, Pennsylvania 17109.
3. The parties are the natural parents of one (1) child, namely: Aubrey L. Colavito,
born September 4, 2009, age (21/2) months, (hereinafter the "Child").
4. On November 15, 2009 Mother took the Child without Father's consent and since
that time Mother has refused Father's repeated requests to see the Child and Mother has refused
Father's requests for notice of the Child's location.
5. Father truly fears for the Child's safety while she is in Mother's custody and as a
result, Father is seeking an Emergency Interim Order granting him primary physical custody of
the Child with supervised visitation to Mother until such time as Mother is able to show that she
is no longer doing illegal drugs; she is not drinking to excess; and that she has her emotional
problems and anger management issues under control.
6. Mother, age 23, who very recently lost her own mother to a drug overdose, has
severe emotional and medical problems that require her to be medicated with zoloft, zanax and
percocet. Mother also has a significant alcohol dependency problem and anger management
issues. Because of Mother's issues, and the fact that Father, not Mother provided the Child's
primary care while the family was intact, Father believes that the Child may be harmed while in
Mother's care.
7. Since the Child was born in September, Mother has not made the Child a priority
in her life. Mother would regularly leave the Child with Father and go out drinking to excess
until all hours of the morning. She would return home inebriated and in that state she was unable
to care for the Child in any manner because she would remain unconscious for hours. During
those times, which were frequent, Father met all of the Child's needs.
8. Father is also concerned with the Child's safety due to Mother's criminal
tendencies as evidenced by her numerous prior criminal charges including the following:
1. Purchase of alcoholic beverage by minor (2002);
2. Possession of marijuana (2004);
3. Use and possession of drug paraphernalia (2004):
4. Purchase of alcoholic beverage by minor (2004);
5. Public drunkenness and similar misconduct (2004);
6. Careless driving (2004);
7. Accidental damage to unattended vehicle or property (2004);
8. Failure to notify police of accidental damage to vehicle (2004);
9. Possession of marijuana (2005);
10. Use and possession of drug paraphernalia (2005);
11. Purchase of alcoholic beverage by minor (2005);
12. DUI: High rate of alcohol (BAC .10 -.16) 1 S` offense, (2008)
13. DUI: Generally incapable of driving safely - I" offense (2008),
14. Accident involving damage to attended vehicle/property (2008),
15. Operating vehicle without valid inspection (2008),
16. Harassment: Course of conduct with no legitimate purpose (2009).
9. Mother has also shown a complete disregard of the law and legal authorities and
Father believes that due to her conduct in that regard the Child will ultimately be harmed.
Mother, who does not have a driver's license due to a DUI, has taken Father's vehicle while
drunk, without his consent. She also uses illegal drugs on a regular basis. Father fears that
Mother will drive while intoxicated with the Child and/or the Child will otherwise be harmed
during one of Mother's drunken or drugged states.
10. Father also fears that Mother will be unable to control her emotional problems
and anger management issues while caring for the Child and that will result in physical harm to
the Child. Mother most recently showed that she is emotionally unstable when she and
approximately twelve (12) others appeared, unannounced, to remove personal property
(including many of Father's personal property items) from the parties' family home. Mother
uncontrollably yelled obscenities and was outwardly hostile to Father to the extent that her
family members had to yell at her and forcibly restrain her to get her to stop the outbursts. Since
that time Mother has refused Father's repeated requests to see the Child. Mother is clearly not
acting rationally and Father truly fears that her uncontrollable anger may be directed at the Child.
Father experienced this irrational behavior last year during a police incident when Mother pulled
a knife on Father during an argument resulting from a discussion of which movie the couple
would watch.
11. Father, who is employed and has a stable and loving home environment, seeks
primary physical custody of the Child on an interim basis so that Mother can properly address
her emotional issues; drug use; and alcohol abuse so that the safety of the Child is ensured.
Mother's significant shortcomings and the potential damaging effects on an 2 '/z month infant
require that this be done immediately and Father strongly believes that there are no other
alternatives at this point in time, especially given Mother's refusal to permit to see that the Child
is safe and also her refusal to inform Father of the Child's location.
WHEREFORE, Plaintiff, Anthony J. Colavito, respectfully requests that this Honorable
Court enter an Emergency Interim Order as follows:
a. Granting the parties shared legal custody;
b. Granting primary physical custody of the Child to Father and supervised visitation
to Mother;
Ordering Mother to return the Child to Father immediately;
d. Directing that Mother be tested and treated for illegal drug and alcohol abuse;
e. Directing that Mother must not consume any alcohol or illegal drugs prior to or
while the Child is in her physical custody; and
f. Granting such other relief as this Court deems just and proper.
Respectfully submitted,
Date: 11 1 9 0
LAW FIRM OF LINDA A. CLOTFELTER
5021 East Trindle Road, Suite
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
Attorney for Plaintiff
ANTHONY J. COLAVITO : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO.
JENNIFER L. MUZIC, : CIVIL ACTION - LAW
Defendant : IN CHILD CUSTODY
VERIFICATION
I, ANTHONY J. COLAVITO, verify that the statements in the foregoing 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: tui-
AN ONY AV TO
FIl=i JCE
OF THE, PROT-l",0NOTARY
2009 NOV 19 PH 4: 10
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ANTHONY J. COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER L. MUZIC, N0.2009 - 8059 CIVIL TERM
Defendant
ORDER OF COURT
AND NOW, this 25TH day of NOVEMBER, 2009, after consultation with counsel
we enter the following temporary order which shall not prejudice the rights of either party
at the full hearing on the merits:
I .) The parties shall share legal custody of their child AUBREY L. COLAVITO,
born September 4, 2009.
2.) Mother shall have primary physical custody subject to liberal periods of
partial custody with father as the parties agree. Father's periods of partial
custody shall include time on Thanksgiving and Christmas Day and on at least
two days each week. If they are unable to agree, we will resolve the matter on
a conference call with counsel.
3.) A conciliation conference is scheduled before JOHN MANGAN, ESQUIRE,
on THURSDAY, DECEMBER 10, 2009, at 11:00 a.m., Cumberland
County Courthouse, 4TH Floor.
4.) If an agreement cannot be reached at the conciliation, the conciliator shall
enter an appropriate temporary order scheduling a hearing before the
undersigned on THURSDAY, JANUARY 21, 2010, at 1:30 n.m.
By ourt,
.y-
Edward E. Guido, J.
inda A. Clotfelter, Esquire
5021 East Trindle Road
Suite 100
Mechanicsburg, Pa. 17050
/John Glace, Esquire
132-134 Walnut Street
Harrisburg, Pa. 17101-1612
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Anthony J. Colavito,
Plaintiff
v.
Jennifer L. Muzic,
Defendant
Prior Judee: Edward E. Guido, J.
- JAL .. ~ 2010
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.09-8059 CIVIL ACTION LAW
IN CUSTODY
ORDER
AND NOW, this i~ 7~y of Ut„t ~ y , 2010, upon stipulation of
the parties, it is hereby ORDERED and DECREED that the terms, conditions and provisions of
the attached Stipulation for custody entered into by the parties, and executed by the parties and
their counsel, are adopted as an Order of Court.
BY THE COURT:
J.
DISTRIBUTION:
John F. King, Esq.
~ x4076 Market St., Camp Hill, PA 17Q11
J Li~~A. Clotfelter, Esq.
5021 E. Trindle Rd., Mechanicsburg, PA 17050
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ANTHONY J. COLAVITO
PLAINTIFF
V.
JENNIFER L. MUZIC
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2009-8059 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, -___-Friday, September 03, 2010 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 12, 2010 at 10.30 AM
__ - ---- ------ ..... . ....._ .... -
fora 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 entrv 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 hearinp,.
FOR THE COURT,
By: _ /s/ John, j. Mangan jr., Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply NN ith 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 coin.. 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 0
CAr-St-. cjc lk ? MCL QC) 32 South Bedford Street 71`7 f?
Q ya
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SEP 1 7 20!0
ANTHONY J. COLAVITO,
Petitioner/Plaintiff
VS.
JENNIFER L. MUZIC,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-8059
: CIVIL ACTION - LAW
: IN CHILD CUSTODY
ORDER OF COURT
Edward E. Guido,
AND NOW, this ?d day of September, 2010, it is hereby ORDERED and DECREED
as follows:
1. Defendant, Jennifer Muzic shall appear for hair follicle drug testing ?0"Ttffy!?
at Monard Testing located at 3200 North 4-6-t
`
Second Street, ,Harrisburg, Pennsylvania 17110/M'a y _1 and
2. Defendant, Jennifer Muzic is hereby prohibited from taking any action that may
thwart an accurate drug test result.
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BY THE COURT,
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' DEC 0 6 2010
ANTHONY J. COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANA
• i? Ga ?
V. No. 09-8059 CIVIL ACTION L-A ate-.-,?
j-T
JENNIFER L. MUZIC, IN CUSTODY ---
Defendant ° -+
k
Prior Judge: Edward E. Guido, J.
ORDER OF COURT
AND NOW this ay of December 2010, upon consideration of the attached Custod
Y
Conciliation Report, it is Ordered and Directed as follows:
All prior Orders of Court are hereby VACATED and replaced with this Order.
2. This Order is entered pursuant to a Custod Conciliation Conference. A Custody Hearing is
hereby scheduled on the :? *4 01 day of 2011 at O am/pm in Courtroom
number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken in regard to the physical custody for the subject Child. For
purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and opposing counsel
a Memorandum setting forth each party's position on custody, a list of witnesses who will be
expected to testify at the hearing and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least five days prior to the hearing date.
3. Legal Custody: The Father, Anthony Colavito, and the Mother, Jennifer Muzic, shall have
shared legal custody of Aubrey L. Colavito, born 09/04/2009. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding her health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, medical, dental, religious or
school records, the residence address of the Child and of 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.
4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Aubrey from Tuesday until
Thursday morning, with the exchanges occurring at Aubrey's day care, and from
Friday (picking up from day care) until Sunday 6:00 pm with Father dropping
Aubrey off at Mother's residence on Sunday.
b. In week two, Father shall have physical custody of Aubrey from Tuesday until
Thursday morning, with the exchanges occurring at day care.
C. The parties may alter this schedule by mutual agreement.
3
Regular Physical Custody Schedule (M=mom D=dad)
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
M M D D D M M D D D M
M M D D D M M M M
5. Both parties have indicated a request for each other to have drug testing and have agreed to
undergo same. As such, the parents may request the other parent to undergo a drug test with
the requesting parent to pay for the costs of the test.
6. Holidays: The parties will alternate the following holidays: Easter, Memorial Day, Fourth of
July, Labor Day and Thanksgiving. The holiday custodial periods shall run from 8 am until 8
pm. This schedule will begin with Father having the Child on Labor Day 2010. Christmas will
be divided into two segments. These segments will alternate with the other holidays. Segment
A is from 12/24 at 12 pm until 12/25 at 12 pm. Segment B is from 12/25 at 12 pm until 12/26
at 12 pm. Father shall have Segment A in 2010. Mother and Father shall have custody of the
Child on their respective days on Mother's and Father's Days from 8 am until 8 pm.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
8. Each parent shall have liberal telephone contact with the Child on a reasonable basis.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
10. During any periods of custody or visitation, the parties shall not be under the influence,
possess or use illegal substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible, that other
household members and/or house guests comply with this provision.
11. This Order is entered pursuant to 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 e Court,
J.
Di?'bution:
./John King, Esq., 4076 Market Street, Camp Hill, PA 17011
/ "'nda Clotfelter, Esq., 5021 East Trindle Rd., Ste 100, Mechanicsburg, PA 17050
n J. Mangan, Esq.-
665 I'Yt4l [ L-C,
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ANTHONY J. COLAVITO,
Plaintiff
V.
JENNIFER L. MUZIC,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-8059
CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name Date of Birth Currently in the Custody of
Aubrey L. Colavito 09/04/2009 Primary Mother
2. Father had filed an Emergency Petition for Special Relief and a temporary Order was
issued November 25, 2009. A Conciliation Conference was held with regard to this
matter on December 10, 2009, an Order issued December 16, 2009, a Stipulated Order
was issued July 27, 2010 and a conference was held October 19, 2010 with the
following individuals in attendance:
The Mother, Jennifer Muzic, with her counsel, John King, Esq.
The Father, Anthony Colavito, with his counsel, Linda Clotfelter, Esq.
3. Mother's position on custody is as follows: Mother desires to have primary custody of
Aubrey. Mother currently lives with her extended family and Mother is currently
employed Monday through Friday. Under the current Order, Father has custody every
weekend and Mother would like to spend some time with Aubrey on her days off. A
custody evaluation was done and one of the recommendations was for Mother to have
some weekend time. Mother opposes a shared custody arrangement if there is a hearing
scheduled, but indicated that she would not reject a shared arrangement if there was no
hearing scheduled. Mother indicates that she offers Aubrey a safe and loving
environment.
4. Father's position on custody is as follows: Father desires to have primary custody of
Aubrey but may be willing to consider some alternatives. Father alleges that Mother
continues to have some substance abuse issues. Father indicates that he has stable
appropriate housing and that he has access to day care relatively close to his residence.
Father indicates that he can offer Aubrey a safe and loving environment.
5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and
entering an Order of Court regarding custody as outlined. It is the Conciliator's belief
that this would be in the Child's best interest. It is expected that the Hearing will
require one half day.
6. The proposed recommended Order may contain a requirement that the parties file a pre-
trial memorandum with the Judge to whom the matter has been assigned.
2 l
Date
John . M gan, Esquire
Cust dy Conciliator
0
ANTHONY J. COLAVITO, : IN THE COURT OF COMMON PLEAS OF
Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA,.
VS. : NO. 200948059 -a =
MM rrr, ? .
JENNIFER L. MUZIC, : CIVIL ACTION - LAW n CO,
Respondent/Defendant : IN CHILD CUSTODY
Prior Judicial Assignment: Edward E. Guido, J.
9
***HEARING TOMORROW, 2/23/20119:30 AM***
Concurrence: John F. King, Esquire does not concur (see paragraph 4).
PETITION FOR WITNESS TO APPEAR BY TELEPHONE
AND NOW, comes Plaintiff, Anthony Colavito, by and through his counsel, Linda A.
Clotfelter, Esquire, who files this Petition for Witness to Appear by Telephone:
1. Petitioner is Anthony Colavito, (hereinafter "Father"), Plaintiff in this proceeding.
2. Respondent is Jennifer Muzic, (hereinafter referred to as "Mother"), Defendant in
this proceeding.
3. A custody hearing is scheduled for Wednesday, February 23, 2011 at 9:30 a.m.
regarding the custody of the parties' child, Aubrey L. Colavito, born September 4, 2009, age 1
%2 years.
4. Counsel for Mother has indicated that he does not object to permitting Father's
medical doctor witness to testify by telephone, but counsel very recently voiced his objection to
Joshua Muza, Mother's former boyfriend and one of Father's fact witnesses, to testify by
telephone.
5. Initially, the appearance of Joshua Muza as a fact witness for Father was not an
issue. However, Mr. Muza, who just began a new job, has informed counsel for Father that his
supervisor has refused his request for time off work to appear for the hearing.
I ., -
6. Mr. Muza has indicated that he can testify by telephone if the court so permits.
WHEREFORE, Plaintiff, Anthony J. Colavito, respectfully requests that this Honorable
Court enter an Order permitting Joshua Muza to testify on Father's behalf by telephone at the
hearing scheduled for February 23, 2011 or any continued date for said hearing.
Respectfully submitted,
LAW FIRM OF LINDA A. CLOTFELTER
Date: h i t I
da A. Clotfelter, Esquire
ttorney ID No. 72963
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
Attorney for Plaintiff
ANTHONY J. COLAVITO,
Petitioner/Plaintiff
VS.
JENNIFER L. MUZIC,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2009-8059
: CIVIL ACTION - LAW
: IN CHILD CUSTODY
VERIFICATION
I, Linda A. Clotfelter, Esquire, hereby certify that I am legal counsel for Anthony
Colavito and he is unavailable to appear to verify the forgoing document within the time
necessary to file the pleading. I hereby verify that the statements in the foregoing Petition 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:-'64 A I 1 I
DA A. CLOT FE TER, ES
ttorney I.D. 72963
5021 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
ANTHONY J. COLAVITO,
Petitioner/Plaintiff
VS.
JENNIFER L. MUZIC,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 20094059
: CIVIL ACTION - LAW
: IN CHILD CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this h A K4 day of February, 2011, the undersigned hereby certifies that a
true and correct copy of the foregoing Petition for Appearance by Telephone was served upon
the opposing party by way of facsimile and United States first class mail, postage prepaid,
addressed as follows:
John F. King, Esquire
4076 Market Street
Camp Hill, PA 17011
Respectfully Submitted,
LAW FIRM OF LINDA A. CLOTFELTER
LINDA A. CLOTFELTER, ES(
_ftorney I.D. 72963
5021 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930 telephone
(717) 796-1933 facsimile
ANTHONY J. COLAVITO,
Petitioner/Plaintiff
VS.
JENNIFER L. MUZIC,
RespondentMefendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-8059
CIVIL ACTION - LAW
IN CHILD CUSTODY
ORDER OF COURT -0?
ORDERED and DECREED
AND NOW, this ?? day of February, 2011, it is hereby
that Joshua Muza, fact witness for Plaintiff, shall be permitted to testify by telephone at the
hearing scheduled for February 23, 2011 and any continued hearing date.
BY THE COURT,
Edward E. Guido, J.
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ANTHONY J. COLAVITO
Plaintiff
V.
JENNIFER L. MUZIC,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
2009-8059 CIVIL ACTION LAWS
rn
IN CUSTODY
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DEFENDANT/ MOTHER'S REPLY TO
PLAINTIFF/FATHER'S PETITION FOR WITNESS
TO APPEAR BY TELEPHONE ...
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AND NOW comes the Respondent Defendant/Mother, Jennifer L. Muzic, by and through
her attorneys, John F. King Law, P.C., who files this Reply to Plaintiffs Petition for Witness to
Appear by Telephone, and avers as follows:
Admitted.
2. Admitted.
3. Admitted.
4. It is admitted that counsel for Mother has indicated that he does not object to
permitting the Father's medical doctor witness to testify by telephone. By way of further reply, it
is averred that counsel for Mother was informed that the medical doctor in question is in the State
of Maryland. It is specifically denied that counsel for Mother, "very recently voiced his
objection" to Joshua Muza, Mother's former boyfriend, and one of Father's fact witnesses, to
testify by telephone. Rather, counsel for Mother was not informed that the Plaintiff intended to
call Joshua Muza until Friday, February 18, 2011, at 3:15 PM, by way of fax transmission from
opposing counsel. Joshua Muza was first identified in Plaintiffs Pretrial Statement, which was
received at the aforementioned 3:15 PM on Friday, February 18th, which document already
indicated Plaintiffs intent to provide his testimony by telephone. Counsel for Mother raised his
objection in writing, which writing was sent by fax transmission at approximately 3:45 PM on
Friday, February 18th. By way of further reply, it is believed, and therefore averred, that the
allegation that counsel for Mother "very recently voiced his objection" to this testimony by
telephone is misleading, in that the objection was raised less than one hour after being informed of
Plaintiffs intent.
It is specifically denied that the appearance of Joshua Muza as a fact witness for
Father was ever "not an issue". Despite this case having lingered since early 2010, Plaintiff never
identified Joshua Muza as a potential witness until late in the afternoon on Friday, February 18th,
approximately two business days prior to trial. By way of further reply, counsel for Plaintiff
never sought the concurrence of opposing counsel to present this testimony by telephone. It is
believed, and therefore averred, that the proper time to seek Court permission for testimony by
telephone is prior to so deciding, not after. By way of further reply, it is averred that Father filed
his Petition for Witness to Appear by Telephone, on the day before trial, at 9:08 AM, but did not
provide a copy of said filing to opposing counsel until 3:05 PM, approximately two business hours
before trial. By way of further reply, it is averred that Mother would be extremely prejudiced by
allowance of testimony by telephone of a former boyfriend. It is believed, and therefore averred,
that Mother has the absolute right to confront this adverse witness, and it is believed, and therefore
averred, that his presence is necessary in order to adequately ascertain his motivation for
testifying. By way of further reply, it is averred that Joshua Muza is local and susceptible to
subpoena.
WHEREFORE, Defendant, Jennifer Muzic, respectfully requests this Honorable Court to
deny this untimely Petition, and to require Mr. Muza, or any other fact witness in this case, to be
present in Court.
Dated: February 21,2011
Respectfully submitted,
JOHN F. KING LAW, P.C.
4Esqui By:
hn F. K
in#61919
4076 Market Street
Camp Hill, PA 17011
(717) 695-2222
Attorney for Petitioner/Mother
ANTHONY J. COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-8059 CIVIL ACTION LAW
JENNIFER L. MUZIC, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this 23rd day of February, 2011, after hearing on the petition, it is Ordered and
Directed as follows:
All prior Orders of Court are hereby VACATED and replaced with this Order.
2. Legal Custody: The Father, Anthony Colavito, and the Mother, Jennifer Muzic, shall have
shared legal custody of Aubrey L. Colavito, born 09/04/2009. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding her health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, medical, dental, religious or
school records, the residence address of the Child and of 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 tilne as to make the
records and information of reasonable use to the other parent.
Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Aubrey from Tuesday until
Thursday morning, with the exchanges occurring at Aubrey's day care, and from
Friday (picking up from day care) until Sunday 6:00 pm with Father dropping
Aubrey off at Mother's residence on Sunday.
b. In week two, Father shall have physical custody of Aubrey from Tuesday until
Thursday morning, with the exchanges occurring at day care.
C. The parties may alter this schedule by mutual agreement.
Re ular Physical Custody Schedule (M=mom D=dad)
Monday Tuesda Wednesday Thursday
T Friday Saturday Sunda
M M D D M M D D D M
M M D D D M M M M
5. Both parties have indicated a request for each other to have drug testing and have agreed to
undergo same. As such, the parents may request the other parent to undergo a drug test with
the requesting parent to pay for the costs of the test.
6. Holidays: The parties will alternate the following holidays: Easter, Memorial Day, Fourth of
July, Labor Day and Thanksgiving. The holiday custodial periods shall run from 8 am until 8
pm. This schedule will begin with Father having the Child on Labor Day 2010. Christmas will
be divided into two segments. These segments will alternate with the other holidays. Segment
A is from 12/24 at 12 pm until 12/25 at 12 pm. Segment B is from 12/25 at 12 pm until 12/26
at 12 pm. Father shall have Segment A in 2010. Mother and Father shall have custody of the
Child on their respective days on Mother's and Father's Days from 8 am until 8 pm.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
8. Each parent shall have liberal telephone contact with the Child on a reasonable basis.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
10. During any periods of custody or visitation, the parties shall not be under the influence,
possess or use illegal substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible, that other
household members and/or house guests comply with this provision.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent. the term-, of
this Order shall control.
Distribution:
B he Court,
Edward E. Guido, J.
? John King, Esq., 4076 Market Street, Camp Hill, PA 17011
V Linda Clotfelter, Esq., 5021 East Trindle Rd., Ste 100, Mechanicsburg, PA 17050
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ANTHONY J. COLAVITO
Plaintiff
V.
JENNIFER L. MUZIC,
Defendant.
IN THE COURT OF COMMON 4EAS :
OF a
CUMBERLAND COUNTY °cu? _
"
PENNSYLVANIA
cn
2009-8059 CIVIL ACTION L
IN CUSTODY C-j
Prior Judge: Edward E. Guido, J.„ c --
DEFENDANT/ MOTHER'S PETITION
FOR SPECIAL RELIEF
AND NOW comes the Petitioner Defendant/Mother, Jennifer L. Muzic, by and through
her attorneys, John F. King Law, P.C., who files this Petition for Special Relief, and avers as
follows:
1. Jennifer L. Muzic is the Mother of the infant child, Aubrey L. Colavito, born
September 4, 2009. Mother and child presently reside at 547 St. Marys Drive, Steelton, PA
17113.
2. Anthony J. Colavito is the Father of the minor child, and currently resides at 1002
Market Street, New Cumberland, PA.
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3. An Order for Custody was filed on February 23, 2011, a copy of which is attached
hereto as Exhibit A. Said Order grants Father custody from Tuesday, July 12th, until Thursday
morning, July 14th.
4. On Friday, July 8, 2011, Mother was informed that her cousin, Maria Macket, was
going to undergo the induced delivery of her in vitro eight month old stillborn child on the
weekend of July 9-10, 2011.
5
place.
6
Maria Macket resides in Salsbury, MD, where the procedure is scheduled to take
In addition to being related to Mother, Maria Macket is Mother's considers her to
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be her best friend. Maria does not have any family in Maryland, and is relying on Mother for
assistance.
7. Upon learning of the above, Mother contacted Father and requested an emergency
alteration of the custody schedule, so as to allow her and the child's travel to Salsbury, MD, with
a scheduled return on the morning of Friday, July 15th.
8. Mother's request would result in Father losing his Tuesday, July 12th through
Thursday, July 14th period of visitation, for which Mother offered makeup time at Father's
direction.
9. Father denied Mother's request, indicating that the Court Order gives him the
aforementioned period of time, and he is unwilling to give it up even with the offer of exchanged
make up time.
10. It is believed, and therefore averred, that's Father refusal is based solely on spite,
and is not designed to further the best interests of the child.
WHEREFORE, Petitioner, Jennifer Muzic, respectfully requests this Honorable Court to
grant her Petition for Special Relief by allowing an alteration of the schedule so as to allow her
and her child time in Salsbury, MD, for this extraordinary event, so long as Father is provided
makeup time at his direction.
Dated: July 11, 2011
JOI- K F.
By:
/John F. King, Esq ire
ID#61919
4076 Market Street
Camp Hill, PA 17011
(717) 695-2222
Attorney for Petitioner/Mother
VERIFICATION
I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in
the foregoing action; that I have read the foregoing Plaintiffs Petition for Special Relief and the
facts stated therein are true and correct to the best of my knowledge, information and belief. The
Plaintiff is temporarily out of this court's jurisdiction and unable to verify.
I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
`? l
Dated: 7l
ANTHONY J. COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 09-8059 CIVIL ACTION LAW
JENNIFER L. MUZIC, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this 23`6 day of February, 2011, after hearing on the petition, it is Ordered and
Directed as follows:
All prior Orders of Court are hereby VACATED and replaced with this Order.
2. Legal Custody: The Father, Anthony Colavito, and the Mother, Jennifer Muzic, shall have
shared legal custody of Aubrey L. Colavito, born 09/04/2009. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding her health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
info-nation pertaining to the Child including, but not limited to, medical, dental, religious or
school records, the residence address of the Child and of the other parent. To the extent one
parent has possession of any such records or infonnation, 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.
Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Aubrey from Tuesday until
Thursday morning, with the exchanges occurring at Aubrey's day care, and from
Friday (picking up from day care) until Sunday 6:00 pm with Father dropping
Aubrey off at Mother's residence on Sunday.
b. In week two, Father shall have physical custody of Aubrey from Tuesday until
Thursday morning, with the exchanges occurring at day care.
C. The parties may alter this schedule by mutual agreement.
Regular Physical Custody Schedule (M=mom D=dad)
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
M M D D D M M D D D M
M M D D D 1 M _1 M M M
Both parties have indicated a request for each other to have drug testing and have agreed to
undergo same. As such, the parents may request the other parent to undergo a drug test with
the requesting parent to pay for the costs of the test.
Holidays: The parties will alternate the following holidays: Easter, Memorial Day, Fourth of
A
July, Labor Day and Thanksgiving. The holiday custodial periods shall run from 8 am until 8
pin. This schedule will begin with Father having the Child on Labor Day 2010. Christmas will
be divided into two segments. These segments will alternate with the other holidays. Segment
A is from 12/24 at 12 pm until 12/25 at 12 pm. Segment B is from 12/25 at 12 pin until 12/26
at 12 pm. Father shall have Segment A in 2010. Mother and Father shall have custody of the
Child on their respective days on Mother's and Father's Days from 8 am until 8 pm.
Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
Each parent shall have liberal telephone contact with the Child on a reasonable basis.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
10. During any periods of custody or visitation, the parties shall not be under the influence,
possess or use illegal substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible, that other
household members and/or house guests comply with this provision.
11. This Order is entered pursuant to 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,
Edward E. Guido, J. H
Distribution:
John King, Esq., 4076 Market Street, Camp Hill, PA 17011
Linda Clotfelter, Esq., 5021 East Trindle Rd., Ste 100, Mechanicsburg, PA 17050,
:mlc
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
This day of 20 1l
c. Prothonotar) ,
Anthony J. Colavito,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Jennifer L. Muzic,
Defendant
AND NOW, this
NO. 09-8059 CIVIL ACTION LAW
IN CUSTODY 3
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Prior Judge: Edward E. Guido, J. --vm
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ORDER
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day of , 2011, upon consideration of
the Defendant's Petition for Special Relief, it is hereby ORDERED and DECREED that the relief
requested therein is granted. It is further ORDERED that Mother shall have physical custody of
the minor child during Father's Tuesday, July 12th through Thursday, July 14th period. Father
shall inform Mother, with at least 48 hours prior notice, of the two day period he will take from
Mother's schedule as makeup for the July 12-14, 2011, period.
BY THE COURT:
W
J.
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2 011 13 AUG 12 Ply 3: fl y+
DELANO M. LANTZ&ASSOCIATES CUMBFRLAND COUNTY
By: Delano M. Lantz, Esquire Pb NSYLVANIA
Identification No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
ANTHONY J. COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009-8059 CIVIL TERM
JENNIFER L. MUZIC, CUSTODY
Defendant
PETITION OF JENNIFER L. MUZIC
FOR MODIFICATION OF A CUSTODY ORDER
And now comes Jennifer L. Muzic by her Counsel, Delano M. Lantz, Esquire, and
petitions the Court for modification of the custody order entered on February 5, 2013, for
the reasons set forth below.
1. Petitioner, Jennifer L. Muzic (hereinafter "Mother") respectfully represents
that on February 5, 2013, an Order of Court was entered for the custody of Aubrey L.
Colavito, born September 4, 2009. A true and correct copy of that Order is attached
hereto as Exhibit "A."
2. The February 5, 2013, Order should be modified because:
(a) At the time the February 1, 2013, conciliation conference that
resulted in the February 5, 2013 Order, Mother was incarcerated and was not
represented or present at the conciliation conference. Her incarceration was due
to a history of controlled substance abuse that led to various criminal issues.
(b) Mother was released from prison on May 17, 2013.
(c) Mother has not used any controlled substances, including alcohol,
since January 21, 2013. She was admitted to the Gaudenzia, Inc. Intensive
Outpatient treatment program on June 8, 2013. She successfully completed all
requirements for that level of care and is now transferring to the Outpatient
treatment program for the next 3-6 months. She is compliant with that program.
Mother is personally committed to remaining drug and alcohol free for the rest of
her life.
(d) In paragraph 10 of Father's Emergency Petition that led to the
February 5, 2013 Order, Father sought primary custody and supervised visitation
for Mother "until such time as Mother is able to show that she is no longer
abusing prescription drugs; doing illegal drugs; drinking in excess; and that she
has her emotional problems and anger management issues under control."
Mother is now able to show that she is no longer abusing any drugs and that she
has the other issues under control. She has not been diagnosed as having an
anger control problem.
(e) Before her incarceration, Mother was Aubrey's primary caretaker
and loves her daughter very much.
(f) Mother is very attuned to her daughter's needs, including the needs
for routine, structure, appropriate discipline, nutrition, dental care and the like.
(g) Father has unreasonably limited Mother's contact with Aubrey since
entry of the the February 5, 2013 Order. He has denied Mother's efforts to have
telephone contact with Aubrey even though the Order states Mother is entitled to
"liberal telephone contact with the child on a reasonable basis." He has not
provided Mother with health insurance information and medical reports for
Aubrey. He has unreasonably refused to agree to reasonable requests for
visitation/custody of Aubrey and limited her contact with Aubrey to a minimal
amount.
(h) The best interest and welfare of Aubrey L. Colavito will be met by
modifying the Order to grant Mother primary custody of Aubrey L. Colavito with
appropriate provision for partial custody by Father. Mother will permit liberal
telephone contact by Father with Aubrey and always encourage a good
relationship between Father and Aubrey.
WHEREFORE, Petitioner requests the Court to modify the existing Order for the
reasons set forth above.
DELANO . LANTZ &ASSOCIATES
By
elano M. Lan
I.D. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
Dated: August 9, 2013
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
Jq6niYLynr,tP76pp (PA96rly Muzic)
Dated: x- 13
EXHIBIT A
From; 07/29/2013 09:42 #948 P.010/012
ANTHONY J.COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V. No. 09-8059 CIVIL ACTION LAW
JENNIFER L.MUZIC, IN CUSTODY
Defendant
Prior Judge:Edward E. Guido,J.
ORDER OF COURT
AND NOW this day of February 2013,upon consideration of the attached Custody
Conciliation Report,it is Ordered and Directed as follows:
1. All prior Orders of Court are hereby VACATED and replaced with this Order.
2. Legal Custody: The Father,Anthony Colavito, shall have primary legal custody of Aubrey L.
Colavito,born 09/04/2009. The Father shall have the right to make all major non-emergency
decisions affecting the Child's general well-being including,but not limited to,all decisions
regarding her health,education and religion. However,pursuant to the terms of 23 Pa.C.S.
§5309,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 of 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.
3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
supervised visitation/custody as the parties may mutually agree. Mother's supervisor shall be
mutually selected by the parents.
4. Holidays: The parties shall alternate and share the holidays by agreement of the parties.
S. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party,or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible,both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
6. Each parent shall have liberal telephone contact with the Child on a reasonable basis.
7. In the event of a medical emergency,the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation,the parties shall not be under the influence,
possess or use illegal substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties-shall likewise assure,to the extent possible,that other
household members and/or house guests comply with this provision.
I
From: 07/29/2013 09:42 #948 P.0111012
1
9. Relocation.The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless(a)every person who has custodial rights to the
child/children consents to the proposed relocation or(b)the court approves the proposed
relocation.The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
10. Nothing in this Order shall preclude either party from filing a petition to modify in the future as
circumstances permit or warrant.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent,the terns of
this Order shall control.
By th urt,
J.
Distribution:
Anthony Colavito, 1002 Market St.,Apt.2°d R,New Cumberland,PA 17070
✓Jennifer Muzic,301 Dorwart Circle,Etters,PA 17319(last known address)
/John J. Mangan,Esq.
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From. 07/29/2013 09:43 #948 P.012/012
ANTHONY J.COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V. No. 09-8059 CIVIL ACTION LAW
JENNIFER L.MUZIC, IN CUSTODY
Defendant
Prior Judge: Edward E. Guido,J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name Date of Birth _Currently in the Custody of
Aubrey L. Colavito 09/04/2009 Primary Mother
2. Father had filed an Emergency Petition for Special Relief and a temporary Order was
issued November 25,2009. A Conciliation Conference was held with regard to this
matter on December 10,2009,an Order issued December 16,2009,a Stipulated Order
was issued July 27,2010,a conference was held October 19,2010,an Order issued
December 08,2010,after hearing an Order issued February 23,2011,an Order issued
January 03,2013 and a conference was held February 01,2013 with the following
individuals in attendance:
The Mother,Jennifer Muzic,did not appear due to incarceration
The Father,Anthony Colavito, self-represented party
3. The Conciliator recommends an Order in the form as attached. It is the Conciliator's
belief that this would be in the Child's best interest.
�• ��
Date JohnA.MA g ,Esqu e '
7odronciliator
- i
i
t
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true and correct copy of the
foregoing document was served by first class mail, postage prepaid, upon the following:
Anthony Colavito
1002 Market Street, Apt 2R
New Cumberland, PA 17070
Delano M.M anti
--'szz:�,
Date: August 12, 2013
i
rrf
1.
�G
THE- PRQTl-1,001a-r: :
DELANO M.
o MA antz&squiOCIATES .013 AUG 2 � :
Identification No. 21401
4 North Hanover Street OURLt0 00UI 1 ,
Carlisle, PA 17013 t' tNSY�.�IAAi,A
717-422-5874
717-422-5879 (fax)
ANTHONY J. COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009-8059 CIVIL TERM
JENNIFER L. MUZIC, CUSTODY
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow, Jennifer L. Muzic, Defendant, to proceed in forma pauperis.
I, Delano M. Lantz, attorney for the party proceeding in forma pauperis, certify
that I believe the party is unable to pay the costs and that I am providing free legal
services to the party.
DELANO NTZ &AS OCIATES
By:
Db1ano M. Lantz
I.D. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
Dated: August 12, 2013
J
r
CERTIFICATE OF SERVICE
On this date I caused a copy of the foregoing to be served on the individual listed
below by first-class U.S. mail:
Anthony Colavito
1002 Market Street, Apt 2R
New Cumberland, PA 17070
Delano M. Lantz
Date: August 12, 2013 01
r
v
:r Tt3
DELANO M. LANTZ&ASSOCIATES { }j AUG }2 PH j
By: Delano M. Lantz, Esquire
Identification No. 21401 f-; BERLAktU OOUNly
4 North Hanover Street ,U PNPSYLV�I��A
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
ANTHONY J. COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009-8059 CIVIL TERM
JENNIFER L. MUZIC, CUSTODY
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Delano M. Lantz, Esquire, as attorney for
Defendant, Jennifer L. Muzic, in the above matter.
DELANO M. LANTZ &ASSOCIATES
By:
D no M. Lantz
I.D. No. 21401
4 North Hanover Street
Carlisle, PA 17013
717-422-5874
717-422-5879 (fax)
Dated: August 12, 2013
t
CERTIFICATE OF SERVICE
On this date I caused a copy of the foregoing to be served on the individual listed
below by first-class U.S. mail:
Anthony Colavito
1002 Market Street, Apt 2R
New Cumberland, PA 17070
Delano M. Lantz
Date: August 12, 2013
ANTHONY J. COLAVITO IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2009-8059 CIVIL ACTION LAW M
JENNIFER L. MUZIC c `�
IN CUSTODY
DEFENDANT
ORDER OF COURT —:
AND NOW, Thursday,August 15,2013 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr., Esq. ,the conciliator,
at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,September 13,2013 9:00 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/ John . Man an r. 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
th S l'�1� 32 South Bedford Street
Carlisle, Pennsylvania 17013
� Telephone (717)249-3166
A Oo Lingo
g��s/«
C.)
3
ANTHONY J. COLAVITO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 09-8059 CIVIL ACTION LAW
JENNIFER L. MUZIC,N/K/A • IN CUSTODY
JENNIFER L. POPP W `�'
Defendant
Prior Judge: Edward E. Guido, J. r-±1
ORDER OF COURT r "
AND NOW this ot1144day of September 2013,upon consideration of the attached'Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders of Court are hereby VACATED and replaced with this Order.
2. Legal Custody: The Father,Anthony Colavito, and the Mother, Jennifer Popp, shall have
shared legal custody of Aubrey L. Colavito,born 09/04/2009. The Father and the Mother shall
have the equal right to make all major non-emergency decisions affecting the Child's general
well-being including,but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records
and information pertaining to the Child including,but not limited to,medical, dental,religious
or school records, the residence address of the Child and of 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.
3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's
partial physical custody as outlined below:
a. For one month,the Mother shall have custody every Tuesday and Thursday from after
day care until 8:00 pm and alternating Saturdays and Sundays from 10:00 am until 6:00 pm.
The parties agreed that during the week of 10/15/13, Mother shall have the Child on Monday
and Tuesday instead of Tuesday and Thursday. The parties further agreed that for Mother's
alternating weekends,the weekends shall start Sunday 10/22/13 and the parties shall make up
the missed Saturday for Mother.
b. Starting the second month, Mother shall have custody on alternating Tuesdays from
after day care until Wednesday morning, every Thursday from after day care until 8:00 pm and
alternating weekends from Saturday 12:00 pm until Sunday 6:00 pm.
c. Starting the third month, Mother shall have custody on alternating weekends from
Friday after daycare until Sunday 6:00 pm, every Tuesday from after day care until Wednesday
morning and alternating Thursdays from after daycare until 8:00 pm.
d. Aubrey shall be transported at all times by a validly licensed driver and be secured with
an appropriate car seat.
e. Mother shall have additional custodial time with Aubrey by agreement of the parties.
4. Holidays: The parties shall alternate and share the holidays by agreement of the parties. In the
absence of agreement, for Thanksgiving,the holiday period shall be from Thursday 9:00 am
until Friday 9:00 am with Mother having odd years and Father having even years.
5. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible,both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
6. Each parent shall have liberal telephone contact with the Child on a reasonable basis.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation,the parties shall not be under the influence,
possess or use illegal substances or consume/be under the influence of alcoholic beverages to
the point of intoxication for Father and no alcohol consumed at all for Mother either prior to or
during any custodial periods. The parties shall likewise assure,to the extent possible,that other
household members and/or house guests comply with this provision.
9. Counseling: Mother shall continue with her individual counseling and successfully complete
her drug and alcohol counseling.
10. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or(b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
11. A status conference with the assigned conciliator is hereby scheduled for Tuesday December
17, 2013 at 9:00 am. The purpose is to see how Mother's custodial periods are going, discuss
holidays and to see whether or not to expand her time.
12. This Order is entered pursuant to 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 t P ourt,
J.
Distribution:
,/ lthony Colavito, 1002 Market St., Apt. 2nd R,New Cumberland,PA 17070
,/15elano Lantz, Esquire op �`
/J�hn J. Mangan, Esq. iccL,
10 fiiR
ANTHONY J. COLAVITO, • IN THE COURT OF COMMON PLEAS OF
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
•
v. • No. 09-8059 CIVIL ACTION LAW
•
JENNIFER L. MUZIC, N/K/A ▪ IN CUSTODY
•
JENNIFER L. POPP
•
Defendant
Prior Judge: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name Date of Birth Currently in the Custody of
Aubrey L. Colavito 09/04/2009 Primary Father
2. Father had filed an Emergency Petition for Special Relief and a temporary Order was
issued November 25, 2009. A Conciliation Conference was held with regard to this
matter on December 10, 2009, an Order issued December 16, 2009, a Stipulated Order
was issued July 27, 2010, a conference was held October 19, 2010, an Order issued
December 08, 2010, after hearing an Order issued February 23, 2011, an Order issued
January 03, 2013, a conference was held February 01, 2013, an Order issued February
05, 2013 and a conference was held September 13, 2013 with the following individuals
in attendance:
The Mother, Jennifer Popp, with her counsel,Delano Lantz, Esq.
The Father,Anthony Colavito, self-represented party
3. The Conciliator recommends an Order in the form as attached. It is the Conciliator's
belief that this would be in the Child's best interest.
7
Aii
Date John ,. :ngan, Esquire
Cus rody onciliator
ANTHONY J. COLAVITO, IN THE COURT OF COMMON PLEAS OF
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
•
•
v. • No. 09-8059 CIVIL ACTION LAW
•
JENNIFER L. MUZIC, N/K/A : IN CUSTODY 6r
JENNIFER L. POPP •
Defendant • <
Prior Judge: Edward E. Guido, J.
ORDER OF COURT
AND NOW this A 7 lay of December 2013,upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders of Court are hereby VACATED and replaced with this Order.
2. Legal Custody: The Father, Anthony Colavito, and the Mother,Jennifer Popp, shall have
shared legal custody of Aubrey L. Colavito,born 09/04/2009. The Father and the Mother shall
have the equal right to make all major non-emergency decisions affecting the Child's general
well-being including,but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records
and information pertaining to the Child including,but not limited to,medical, dental,religious
or school records,the residence address of the Child and of 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.
3. Physical Custody: Father and Mother shall share physical custody of the Child on a repeating
two week 2/2/3 schedule as outlined below:
a. In week one,Mother shall have custody Monday through Wednesday, Father shall
have Wednesday through Friday and Mother shall have Friday through Monday.
b. In week two, Father shall have Monday through Wednesday, Mother shall have
Wednesday through Friday and Father shall have Friday through Monday.
c. Absent agreement otherwise,the exchanges shall occur at daycare/school with the non-
custodial parent picking Aubrey up to assume custody. When there is no daycare/school, the
exchanges shall occur at 6:00 pm with the non-custodial parent picking up from the other
parent's residence.
d. Aubrey shall be transported at all times by a validly licensed driver and be secured with
an appropriate car seat.
e. Mother and Father may alter the above schedule by agreement of the parties.
Regular Physical Custody Schedule(M=mom D=dad)
Monday Tuesday Wednesday Thursday Friday _ Saturday Sunday
D M M M D D D M M M
M D D D M M M D D D
4. Holidays: The parties shall alternate and share the holidays by agreement of the parties. In the
absence of agreement,the parents shall adhere to the holiday schedule as attached. The parents
have agreed that for Christmas 2013, Father's custodial period shall be the weekend after
Christmas (the 12/27/13 weekend).
5. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible,both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
6. Each parent shall have liberal telephone contact with the Child on a reasonable basis.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation,the parties shall not be under the influence,
possess or use illegal substances or consume/be under the influence of alcoholic beverages to
the point of intoxication for Father and no alcohol consumed at all for Mother either prior to or
during any custodial periods. The parties shall likewise assure, to the extent possible,that other
household members and/or house guests comply with this provision.
9. Counseling: Mother shall continue with her individual counseling and successfully complete
her drug and alcohol counseling. Additionally,the parties are strongly encouraged to engage in
therapeutic family counseling with a mutually-agreed upon professional. The cost of said
counseling, after appropriate payment through insurance, shall be split equally between the
parties.
10. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per
summer. The requesting parent shall give the other parent 30 days advance notice of the
requested time and this vacation week shall supersede the regular physical custody schedule.
In the event the parties schedule conflicting vacations,the party first providing written notice
shall have the choice of vacation. Prior to departure,the parties will provide each other with
information regarding the intended vacation destination and a telephone number at which they
can be reached during their vacation. The parties may expand this vacation time by mutual
agreement.
11. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or(b)the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
12. This Order is entered pursuant to 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
J.
Distribution: • � /��
Anthony Colavito, 1002 Market St., Apt. 2,New Cumberland, PA 17070 v `
Aelano Lantz, Esquire f \
/John J. Mangan, Esq. �f '
HOLIDAYS AND TIMES EVEN OD 1
SPECIAL DAYS YEARS YEARS
Easter Day 1st Half From 9 am until 3 pm Father Mother
Easter Day 2nd Half From 3 pm until 9 pm Mother Father
Memorial Day From 9 am until 9 pm Mother Father
Independence Day From 9 am until 9 pm Father Mother
Labor Day From 9 am until 9 pm Mother Father
Halloween From one hour before trick or Father Mother
treating to one hour after trick or
treating
Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother
Half pm on Thanksgiving Day
Thanksgiving 2nd From 2 pm on Thanksgiving Day to Mother Father
half noon the day after Thanksgiving Day
Christmas 1st Half From noon on 12/24 to noon on Father Mother
12/25
Christmas 2nd Half From noon on 12/25 to noon on Mother Father
12/26
New Year's From 6 pm 12/31 until noon January Mother Father
1st(with the 12/31 year to control the
even/odd determination)
Mother's Day From 9 am until 9 pm Mother Mother
Father's Day From 9 am until 9 pm Father Father
ANTHONY J. COLAVITO, • IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
•
v. • No. 09-8059 CIVIL ACTION LAW
•
JENNIFER L. MUZIC,N/K/A • IN CUSTODY
JENNIFER L. POPP
•
Defendant
Prior Judge: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name Date of Birth Currently in the Custody of
Aubrey L. Colavito 09/04/2009 Primary Father
2. Father had filed an Emergency Petition for Special Relief and a temporary Order was
issued November 25, 2009. A Conciliation Conference was held with regard to this
matter on December 10, 2009, an Order issued December 16, 2009, a Stipulated Order
was issued July 27, 2010, a conference was held October 19, 2010, an Order issued
December 08, 2010, after hearing an Order issued February 23, 2011, an Order issued
January 03, 2013, a conference was held February 01,2013, an Order issued February
05, 2013, a conference was held September 13, 2013, an Order issued September 24,
2013 and a status conference was held December 17, 2013 with the following
individuals in attendance:
The Mother, Jennifer Popp,with her counsel, Delano Lantz, Esq.
The Father,Anthony Colavito, self-represented party
3. The Conciliator recommends an Order in the form as attached. It is the Conciliator's
belief that this would be in the Child's best interest.
/ -7" //
Date Jo . M 4 gan, Esquire
Cu• •dy Conciliator