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HomeMy WebLinkAbout09-8800DALE W. HOWE, Plaintiff V. MISTI M. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 69.,Wj CN-l IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Dale W. Howe, an adult individual currently residing at 5574 Polktown Road, Waynesboro, Pennsylvania 17268, (hereinafter referred to as "Father"). 2. The Defendant is Misti M. Fitzpatrick, an adult individual currently residing at 343 Walton Street, Lemoyne, Pennsylvania 17043, (hereinafter referred to as "Mother"). 3. The Parties are the natural parents of one child, namely, Hayden Charles Mack, born September 9, 2009. The child was born out of wedlock. Since the child's birth, he has resided with the following persons and at the following addresses: NAME ADDRESS DATE Mother 343 Walnut Street 09/09/09 to Present Lemoyne, PA 17043 The natural mother of the child Misti M. Fitzpatrick, who resides as aforesaid. She is single. The natural father of the child is Dale W. Howe, who resides as aforesaid. SAIDIS, LINDSAY ATIORNEYS-AMAW 26 West High Street Carlisle, PA He is single. 4. The relationship of Plaintiff to the child is that of natural father. He resides with his parents, Barry and Tammy Howe. 5. The relationship of Defendant to the child is that of natural mother. She resides with her mother, step-father, and the parties' child. 6. The best interest and permanent welfare of the child would be served by the relief requested because: a: Plaintiff can best provide for the children's spiritual, physical and emotional welfare; b. Plaintiff is financially secure and can provide a stable residence for the child; C. Plaintiff can provide a stable residence for the child; d. Plaintiff has family in the area and can provide a support system for him; e. Plaintiff can provide love and emotional support for the child. 7. 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 parties to this action. 8. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the child in this or another court. 9. Plaintiff has no other information of a custody proceeding concerning the child pending in a court of this Commonwealth or another state. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. Although a prior Judge has not been involved with the parties for purposes of SAIDIS, FLOWER & LINDSAY ?vuw 26 West High Street Carlisle, PA custody, there was a previous support proceeding in the Court of Common Pleas of Cumberland County, Domestic Relations Section, PACSES No. 209111147, NO. 00786 SUPPORT 2009, to which the Honorable Kevin A. Hess was assigned. 12. Notice of the filing of this Complaint has been provided to Defendant, Misti M. Fitzpatrick, through first class mail, postage prepaid and certified mail, restricted delivery at her home address of 343 Walton Street, Lemoyne, Pennsylvania 17043. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order granting him shared legal and shared physical custody of the child. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY U G? Marylo t s, Esquir ' I D No. 8491-9 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Attorney for Plaintiff SAIDIS, FWM7ER & LIlVDS" .vuw 26 West High Street Carlisle, PA DALE W. HOWE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. MISTI M. FITZPATRICK, Defendant IN CUSTODY VERIFICATION I verify that the statement made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sectio 4904, relating to unsworn falsifications to authorities. Date: /c? - /-) D J! DALE W. HOWE, Plaintiff FLOWER & LWDSAY 26 West High Street Carlisle, PA DALE W. HOWE, Plaintiff V. MISTI M. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attache document have been served upon the following persons by the following means and on the dates stated: SAIDIS, LINDSAY 26 West High Street Carlisle, PA Name & Address Misti M. Fitzpatrick 343 Walton Street Lemoyne, PA 17043 Dated: Means of Service First Class Mail Date of Service Maryl at , Esquire 26 West HigbStreet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff PANY 70U9 DEC 22 FM 3, 22 y ??? aar a?? DALE W. HOWE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-8800 CIVIL ACTION LAW MISTI M. FITZPATRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 30, 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 Friday, January 22, 2010 _ 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 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 hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq.,/ 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 FILED 20 10 JAS' - ?L , " Lori K. Serratelli, Esquire Attorney ID No. 27426 SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 fax Ierratelli@ssbc-law.com .~~ ~_ --~ _ __ «~ -.:, -~ ;-~ ;~ ; c', 4~'9 ^ /tom i O '~ " ~ -~ _ ~ ~ C~ '~ L'r _,.y c~ t °A ~.,: .~ _ S ..ay L DALE W. HOWE, Plaintiff v. MISTI M. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8800 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW COMES, Lori K. Serratelli, Esquire, of the law firm of SERRATELLI, SCHIFFMAN & BROWN, P.C. and respectfully represents as follows: 1. Petitioner, Lori K. Serratelli, Esquire, represented the Defendant, Misti M. Fitzpatrick, in the above-captioned matter. 2. It is the Defendant's desire to terminate the attorney/client relationship with Lori K. Serratelli, Esquire of Serratelli, Schiffman & Brown, P.C. 3. Defendant has been provided with adequate notice of Petitioner's intent to withdraw from the above-captioned matter and has signed a Consent. (See letter dated September 27, 2010 and Defendant's Consent attached hereto as Exhibit "A"). 4. Petitioner has informed Plaintiff, by and through his counsel, Marylou Matas, Esquire, of her intention to withdraw from the above-captioned matter by letter dated September 27, 2010, sent to Plaintiff's counsel via U.S. Mail (attached hereto as Exhibit "B"). 5. While there is a Conciliation Conference scheduled for October 29, 2010, Defendant has sufficient opportunity to obtain new counsel if she so chooses. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner's request for leave to withdraw as Defendant's counsel. Respectfully submitted, Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this ~~ day of n~~~ , 2010, I served a copy of the foregoing Petition for Leave to Withdraw by first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s-: Misti M. Fitzpatrick 443A Valley Street Marysville, PA 17053 Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 171 10 (717) 540-9170 ~, f. ~ ~~~ ~~~ SERRATELLI SCHIFFMAN & BROWN P.c. ~~ LORI K. SERRATELLI ]17.54o.g1]o ext. 2go5 lserratelli@sssc-LAw.coHt Misti M. Fitzpatrick 443A Valley Street Marysville, PA 17053 20H0 LINGLESTOWN RD. STE 201 Re:H~owe v. Fitzpatrick HARRISBURG, PA 1]110-g6]O CU$tody tel ]I].g4o.gl]o Our File No. 10-024 fax ]17.540.5481 Dear Misti: Www.sssc-LAW.coIvl September 27, 2010 VIA EMAIL & US MAIL Pursuant to your request to terminate our attorney/client relationship, enclosed please find a Consent as well as a Petition for Leave to Withdraw Appearance. Please review the Consent, sign it, and return the signed Consent to me. Upon my receipt of the same, I will attach it to the Petition for filing. Please note you have an outstanding balance of $958.00. Please remit payment in full of your outstanding balance. I will cooperate with transferring the file to your new counsel when he or she contacts me. Thank you for your attention. LKS/ted Sincerely, SERRATELLI, SCHIFFMAN & BROWN, PC Lori K. Serratelli Enclosures DALE W. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-8800 CIVIL TERM MISTI M. FITZPATRICK, CIVIL ACTION -LAW Defendant CUSTODY CONSENT I, Misti M. Fitzpatrick, Defendant, hereby authorize Lori K. Serratelli, Esquire, to withdraw as my attorney in the above-captioned matter as it is my desire to terminate the attorney/client relationship. Q ~3p~1 !i '/L Date Misti M. Fit Patrick Plaintiff n Gt /xh~ ~~ SERRATELLI SCHIFFMAN & BROWN r.c. September 27, 2010 VIA FAX & US MAIL LORI K. SERRATELLI 717.54o.g17o ext.2go5 Marylou Matas, Esquire Lserratetltic~ssBC-Lww.coM Sa1d1S, Flower & Lindsay 26 West High Street Carlisle, PA 17013 2050 LINGLESTOWN RD. STE 201 Re: Fitzpatrick v. Howe HARRISBURG, pA l~llo-gs7o Our File No. 10-024 tet 717.54o.g17o Dear Attorney Matas: fax ~17.54o~54g1 wWw.sSBC-LAW.GDM Please be advised that Misti has terminated our attorney/client relationship. I will be filing a Petition for Leave to Withdraw Appearance in the near future. You may contact Misti directly at 443A Valley Street, Marysville, PA 17053. I forwarded your fax transmission of September 27, 2010 to her. Thank you for your attention. Sincerely, SERRATELLI, SCHIFFMAN & WN, PC ~~_ L K. Serratelli LKS/ted cc: Misti Fitzpatrick OCT 0 7 2010 3 DALE W. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 09-8800 CIVIL TERM MISTI M. FITZPATRICK, CIVIL ACTION -LAW Defendant CUSTODY RULE TO SHOW CAUSE ~` C%~~t AND OW, this ? day of ~ , 2010, upon considerationf of the within Petition, a Rule is hereby granted upon the parties, to show cause ~livhy the relief requested in the foregoing Petition should not be granted. RULE RETURNABLE Distribution: days from the date of--service. J. Lori K. Serratelli, Esquire, 2080 Lingelstown Road, Suite 201, Harrisburg, PA 17110 ~ Marylou Matas, Esquire, 26 West High Street, Carlisle, PA 17013 , ~/ Misti M. Fitzpatrick, 443A Valley Street, Marysville, PA 17053 ~~' `-T' -'' ~~.~ --~ ~ . nY,. ~} (~ .~d 1 -..A ,.` V ~ ~ ~ ~,...~ ~.....~s ~ • I .., . ~ T ~ ~ ma \ ,r~ r .w ~ l t J ~ ~~~yyww ~` ,. y t:u/ ~^ ' ..T+. My 1 1 './ ~i~ ~..~+ ~' .~ IN THE SUPERIOR COURT OF THE STATE OF PENNSYLVANIA IN AND FOR THE COUNTY OF CUMBERLAND In re the custody of Hayden Charles Mack Petition for Change of Venue Due to the Change of Residence of Child Case No. 2009-8800 Defendant Misti M. Fitzpatrick c o 443A Valley Street 'v3 0 --~ te ' Marysville, PA 17053 ~~ ~ r- „ ~ ~'' N rn ~7 d Plaintiff Dale W. Howe .co o0 5574 Polktown Road Z© ~ ~~ Waynesboro, PA 17268 x`aC ~ ~- cz~"3 rn ~ .~- n -< cn z, I, Misti M. Fitzpatrick, am interested as the guardian of the aforementioned minor and the -< defendant in the case of said minor's custody. This petition is filed in the county in which venue currently lies. The minor has changed residence to another county within this state. The new residence of the individual is in Marysville, Perry County, State of Pennsylvania. The minor has resided at this address for more than six months. Previous Address 343 Walton Street Lemoyne, PA 17043 Present Address 443A Valley Street Marysville, PA 17053 I request the court changes venue to the minor's new county of residence. I further request that all costs associated with the change of venue shall be paid by the opposing party unless paid in full by the county the case is transferred from. Dated: l0/12/10 ~%i~r~lJ~~l~/ Signat re Misti M. Fitzpatrick Print or Type Name Lori K. Serratelli, Esquire Attorney ID No. 27426 SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 fax lserratelli@ssbc-law.com o ;;, ; ~`~-~~~Er~L,~r~~~ C~~pU~~?~'~ ~'~f ~'~v Y~.~'~'a t~~~ DALE W. HOWE, Plaintiff vs. MISTI M. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8800 CIVIL TERM :CIVIL ACTION -LAW IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Lori K. Serratelli, Esquire of the law firm of Serratelli, Schiffman & Brown, P.C. and moves that this Honorable Court make absolute the Rule to Show Cause and avers as follows: 1. On October 7, 2010, the Honorable Edward E. Guido signed a Rule to Show Cause why Lori K. Serratelli, Esquire should not be allowed to withdraw as counsel. Said Rule was returnable ten (10) days from the service upon the parties. 2. The Rule was served upon the Plaintiff's counsel, Marylou Matas, Esquire, on October 14, 2010, by certified mail, as evidenced by the attached return receipt. (See Exhibit "A".) 3. The Rule was served upon Defendant, Misti M. Fitzpatrick, on October 16, 2010, by certified mail, as evidenced by the attached return receipt. (See Exhibit "B".) 4. The Rule was returnable on October 26, 2010. 5. As of this date, no Answer has been filed by any party to this action. WHEREFORE, Petitioner moves that this Honorable Court: a) Make the Rule of October 7, 2010 Absolute; b) Issue an Order withdrawing Lori K. Serratelli, Esquire as counsel for the Defendant, Misti M. Fitzpatrick. Respectfully submitted, Lor' errate li, Esquire SE T LLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 Fax lserratelli@ssbc-law.com VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ,~~~h Lo Serratelli CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this ` ~~ day of 2010, I did serve a true copy of the foregoing Motion to Make Rule Absolute by First Class United States Mail, postage prepaid, mailed at Harrisburg, Pennsylvania, upon the following person(s) at the address(es) indicated below: Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Misti M. Fitzpatrick 443A Valley Street Marysville, PA 17053 Lo Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 Fax lserratellic~ssbc-law.com ~~~~ ,,~~ d _.... _.___ _. .. __. _.. __._.__ ..._._.._ _..._ .... • Coinple~e Retr~s 1, 2, and 3. Also compote ibem 4 ff Restricted Delhrery is desirod. ~ •~prb~t'your nerrfEi'and add-esat gn.the re~~erse ;..,. so.that vre can n?Ptum the=cad to you: • .Atffich this caVd to the bade of the mailpiece, or on the front if space pemtks. 1. Artids Addressed to: M,~ ~ ~ alo v~ eat ~ q h s-P-(~c~ C..arl.slt, prt 1-1D~3 ,, ~ ., ~ A9~ ^ Addresses ; D. le deWery address dNferorrt from iremd? C.1 Yee M YE.S, er-ter delivery addreea below:. ~ No a seevlo.lype ~tf ceren.d Mall v Expr.e. MaN ^ Reoiecared ^ Ffaa,m Reexipe for Merohar,dfse ^ Insured Mail ^ C.O.D. 4. RestActed Dstlveyl (Extra FesJ ^ Yf9e 2. AKICIsNulnber 7009 1410 aaaa 0891 6068 nay P8 IFa~+rr 3011. Fabrusr<y xOM Darrssec Ne~ran 1Moslpt ~aee~aa~tero ~' ~fi~` aPo/j /l ., X /~.~~.: Agent ~ ~c~fi( /~ ~rkKDataof Delivery r ~C~j(1(~/'(c D. b deYvery address dlMererrt from Mem 1? ^ Yes M YES, enter deNvery address below: Y~ No 9. lyps ^ Fiepistsred O Retum Receipt for Merdrerrdise ^ Insured MaH ~ C.O.D. 4. RestriC6sd DaNvery! (Extra Fee) O Yee 2' AraaeWurrrber 7009 1410 0000 0891 6075 fArlr~'iiograr+rolrl~ ,---- _- ___- PS Foam 3'14, IylNwry 2x04 Don~Mc Ilerrrn Rwe4K taterls~o~ts~o ^ CompleEs Items 1 ~ 2. and 3._Abo complete item 4 H ResUtcteid DeNvery b desired. ^ Print your Hams and address on the reverse so that we tart rectum the card to you. ^ Attach this sand to the beds of the mailpiece, or on the front ff space permits. 1. Artkde Addressed to: ~ val l~ £~~-f~~' rys v~ llc Plq 17063 :~ DALE W. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. MISTI M. FITZPATRICK, Defendant N0.2009 - 8800 CIVIL TERM CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 2ND day of NOVEMBER, 2010, a hearing on Defendant's Petition for Change of Venue is scheduled for TUESDAY, NOVEMBER 23, 2010, at 3:45 a.m. in Courtroom # 3. By the , Edward E. Guido, 1. ~/ Misti M. Fitzpatrick Marylou Matas, Esquire :sld nn__ t_:o ~ t F..4 m'a c ` i~~3~lCS ~ c o ~, --~ ~ ~ ~ in! i ~ ~ ~ w ~, ..~ r, ~° ~ ~~ o-n p ~ -i -.~ t~~ ~ -'< cn -~C ~ ~ ' ~ 29'CUtU DALE W. HOWE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIAo ~ o -n vs. : NO. 09-8800 CIVIL TERM -;~ ~ ~ ~ ~ ~ MISTI M. FITZPATRICK, :CIVIL ACTION -LAW ~~~r=' ~ ~~ Defendant : IN CUSTODY ~ ~ `-`'~-+a ~~ R~ ~: ~n O R D E R ~„~ ~ ~~ ~ D ...~ ~ 'a d ~ t ~` AND NOW, this ~ day of Iv 2010, upon consideration of Petitioner's Motion to Make Rule Absolute, it is hereby Ordered that the appearance of Lori K. Serratelli, Esquire, as counsel for the Defendant in the above-captioned matter is withdrawn. B J. Distribution: Lori K. Serratelli, Esquire, 2080 Linglestown Road, Suite 201, Ha isburg, PA 17110 Marylou Matas, Esquire, 26 West High Street, Carlisle, PA 17013 isti M. Fitzpatrick, 443A Valley Street, Marysville, PA 17053 t~~S rrt,~.t ~ ~ ~! 3 llf~ NOV 0 4 ZQJ DALE W. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW 1VIISTI M. FIT7PATRICK, c NO. 2009-8800 - C) Defendant IN CUSTODY me = ? n COURT ORDER =°-rq n X-C:) X --, NOW, this y, day of November, 2010, upon consideration of the attacheudy;?u Conciliation Report, it is ordered and directed that the following TEMPORARY Order is issued: 1. The mother, Misti M. Fitzpatrick, and the father, Dale W. Howe, shall enjoy shared legal custody of Hayden Charles Mack, born September 9, 2009. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. Father shall have custody on each Wednesday for November 3, November 10, and November 17 from 7:30 a.m through 6:00 p.m. Father shall pick up the minor child at mother's residence and return the child to mother's residence at the end of the day. Except for the driving, father" s mother shall be present during the time father is exercising custody. 4. The parties shall meet again for a custody conciliation conference on Monday, November 22, 2010 at 2:00 p.m. At this custody conciliation conference and in the event the custody schedule outlined above goes well, it is anticipated that father's periods bf custody shall be expanded to, possibly, include overnights in the future. i IVj 5. If this case is required to go to a hearing because of lack of agreement by the parties at the next custody conciliation conference, the custody schedule set forth above shall not be presumed to have been endorsed by either party and both parties may advance a different position at a hearing in this case. BY THE C _.lT , Judge i cc: Marylou Matas, Esquire /NITS. Misti Fitzpatrick r aPI ? M-V-L Lam. NOV 0 4 2010 DALE W. HOWE, Plaintiff vs. ]?AISTI M. FITZPATRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-8800 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: Hayden Charles Mack, born September 9, 2009. 2. A Conciliation Conference was held on October 29, 2010, with the following individuals in attendance: The mother, Misti M. Fitzpatrick, who appeared without counsel, and the father, Dale W. Howe, with his counsel, Marylou Matas, Esquire. 3. There is a disagreement between the parties and the conciliator recommends an interim order on a trial basis to determine if some type of more permanent order can he agreed upon at some point in the future. The Conciliator recommends an Order in the form as attached. Date: November, , 2010 Hubert . Gilro , Esquire Custody Conciliator DALE W. HOWE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MISTI M.. FITZPATRICK, Defendant NO. 2009 - 8800 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 8TH day of NOVEMBER, 2010, the order of court dated November 2, 2010, scheduling a hearing for Tuesday, November 23, 2010, at 3:45 p.m. on the above captioned matter is hereby VACATED. Misti M. Fitzpatrick Marylou Matas, Esquire : sld f l 01 tc) By the Edward E. Guido, J. ° ' C=) C:) =c A 0 9 . ° --< NOV 3 0 2010 DALE W. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW C-7 C N Q p -n MISTI M. FITZPATRICK, NO. 2009-8800 i rn _ ° rn -'+ Defendant IN CUSTODY r ::Or'r PRIOR JUDGE: Albert H. Masland. ;Z ° a c-) o q COURT ORDER > Q - ?-f C,) 'y G co ?z NOW, this day o?A , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the 22' day of December, 2010 at 1:30 p.m. 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 have counsel, shall file with the Court and opposing counsel, or the opposing 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 with the court and opposing counsel, or the other party, at least five days prior to the mentioned hearing date. 2. Counsel and the parties should recognize that the above hearing may be limited in time to approximately two hours and, accordingly, the parties should be prepared to state their position to the court at the onset of the hearing and promptly address all issues where the parties disagree. S 3. Pending further Order ofthis Court, this Court's prior order ofNovember 8, 2010, shall w ? remain in place subject to the following additional provisions: A. Father shall continue to have custody on each Wednesday from 7:30 a.m. through 6:00 p.m. consistent with paragraph 3.A of this Court's November 8, 2010 order. Additionally, father shall have custody on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. 4. Pending the hearing above, father shall continue to handle transportation and father's custody shall be limited with no overnight visitation. However, the Court will address at the hearing a variety of issues including, but not limited to, father getting expanded time to include overnights and a possible shared transportation as requested by the father. 5. This Court will also address a Christmas visitation schedule at the hearing. The parties are directed to include in their pretrial memorandum a proposed custody schedule addressing the Christmas holiday custody schedule. Ae-e rhGsn ?d?r ?u?J: and other holidays and also a proposed overall .e aw"'e ?? ?C?tH?.rr t : ae 06 /Z r , BY THE COURT, Albert H.Masland, Judge cc: -'Zsuisti u Matas, Esquire Fitzpatrick (a ?-cc rl-, LIC'L (oZ, eZ J ll > DALE W. HOWE, Plaintiff vs. MISTI M. FITZPATRICK, Defendant PRIOR JUDGE: Albert H. Masland. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-8800 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: Hayden Charles Mack, born September 9, 2009. 2. A Conciliation Conference was held on November 22, 2010, with the following individuals in attendance: The mother, Misti M. Fitzpatrick, who appeared without counsel, and the father, Dale W. Howe, with his counsel, Marylou Matas, Esquire. 3. The parties appeared before the Custody Conciliator on October 29, 2010, for a prior Conciliation Conference. The history of the case at that time was that the father had not been seeing the child. The child only recently just turned one year of age. The Conciliator recommended at that time that the father get one day a week for custody subject to his mother being available during the day. Father has had one day a week since the last Conciliation Conference. Additionally, father has completed a parenting class. 4. The Conciliator anticipated that if visitation went well father's periods of custody would be expanded. Father is seeking overnights. Father suggested at the recent Custody Conciliation Conference that things were going well. Mother suggested to • A y the complete contrary and has a list of concerns that she voiced with respect to how father was handling the child. Although the Conciliator is not impressed with the concerns articulated by the mother, the parties cannot reach an agreement and a hearing is necessary in this case. Since a hearing has been scheduled in December, the Conciliator will not recommend overnight visitation between the date of the second Custody Conciliation Conference and the date of the hearing, but it is anticipated that the issue of overnights will be one of the major issues at the hearing. 5. This case was originally with Judge Guido who signed the original order that was agreed upon. However, because of Attorney Matas's involvement in the case, the Conciliator consulted with Judge Masland's office and the hearing as set in the attached order was agreed to by Judge Masland's staff. 06 Date: November , 2010 ubert X/Gi y, Esq uire Custody iator . . DALE W. HOWE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW C o MISTI M. FITZPATRICK, -va o ""q cu t= Defendant 09-8800 CIVIL TERM .?M rn rrn....': :;-_0 -a -,r- ORDER OF COURT co o0 Z AND NOW, this 22nd day of December, 2010, of am Z >c= rv o hearing, the Court finds that it is in the best interest ot?Hideo r'' -VC Cn ;U Charles Mack, date of birth, September 9, 2009, that he be in the primary physical custody of the mother, Misti M. Fitzpatrick, subject to partial custody by the father, Dale W. Howe. Accordingly, the terms of custody are set forth as follows: 1. The parties shall share legal custody of the child with each parent having an equal right to be exercised jointly with the other parent to make all major non-emergency decisions affecting the child's general wellbeing including but not limited to all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including but not limited to school and medical records and information. Both parents agree that they will not pass information regarding the child's activities, school information, extracurricular information, schedules and appointments through the child. The parents shall attempt to communicate with each other directly through personal contact, telephone or e-mail. 2. Father shall enjoy periods of partial custody with the child as follows: a. Every Wednesday from 7:30 a.m. until Thursday at 6:00 p.m. b. Every other weekend from Friday at 5:00 p.m. (or within one hour of the end of father's work schedule) through Sunday at 6:00 p.m. C. For Christmas, 2010, father shall have the child from Sunday, December 26, 2010, at 7:30 a.m. until Monday, December 27, 2010, at 6:00 p.m. d. Easter, 2011, father shall exercise his period of partial custody from Easter Sunday at 8:00 a.m. through 6:00 p.m. e. The Court refrains from delineating periods of partial custody further down the road and leaves that up to the good offices of the parties. If they are unable to agree upon any further holiday or vacation times in 2011, they may petition the Court of Common Pleas of Perry County. 3. The parties shall equally share the costs of transportation of the child. The Court leaves the precise logistics of this transportation up to the parties. 4. The parties and any third parties who are in the presence of the child shall refrain from making any disparaging remarks about one another. Neither person shall do nor shall they permit any third person to do or say anything which may estrange the child from the other party or injure the child's opinion of the other party while the child is in the party's presence. 5. No party shall smoke in any part of the confined area with the child present, and no party shall permit another person to smoke in my part of a confined area. with the child present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the child, and no party shall be under the influence of illegal substances when in the presence of the child. 6. The parties may amend the terms of this order by mutual agreement at any time, however, if they are unable to agree upon any change in the terms, this order shall control. Having set forth what we believe is in the best interest of the child, in conformance with F(.W.B v. E.A.B., 698 A.2d 609 (Pa. Super 1997), we transfer this matter to the Court of Common Pleas of Perry County. By the Court, r- ; Alb rt H. Masl id Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 For Plaintiff Eric R. David, Esquire COP?? 10 155 South Hanover Street 14001 aK-b Carlisle, PA 17013 For Defendant pcb