HomeMy WebLinkAbout10-2198Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
KENNETH MCNAIR, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
CIVIL ACTION -LAW
MELISSA SUE MCNAIR,
Defendant : IN DIVORCE AND CUSTODY
NOTICE TO DEFENDANT
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you, and a decree in divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Defendant. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the
marriage you may request marriage counseling. A list of marriage counselors is available
in the Office at the Prothonotary at the Cumberland County Courthouse, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
BY THE COURT:
Date: J.
TFII.Gi??,i?t ??TARY
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
2010 MAR 31 kh 11: 31
CUh4R? ; u '-LINTY
Pir,Jr?SZ'hAA
KENNETH MCNAIR, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V. fCl o?l?? ??U??
CIVIL ACTION -LAW
MELISSA SUE MCNAIR,
Defendant IN DIVORCE AND CUSTODY
COMPLAINT IN DIVORCE PURSUANT TO
SECTION 3301 OF THE DIVORCE CODE
NOW, comes the Plaintiff, Kenneth McNair, by and through his attorney, Sheri
D. Coover, Esquire and files this complaint in divorce and in support thereof avers as
follows:
1. The Plaintiff is Kenneth McNair, an adult individual, residing at 210
Shughart Avenue, Boiling Springs, PA 17070.
2. The Defendant is Melissa Sue McNair, an adult individual, residing at 8
Liberty Drive, Mt. Holly Springs, PA 17065.
3. The Plaintiff and Defendant have been residents of the Commonwealth of
Pennsylvania at least six months prior to the filing of the action in divorce.
4. The parties were married on June 28, 1997.
5. The parties separated on February 22, 2010.
6. There have been no prior actions of divorce or annulment between the
parties.
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31 . 5 a aa?'f c'fS
7 GG i? ?l/G!/.??
7. The Plaintiff has been advised of the availability of counseling and that
said party has the right to request that the Court require the parties to participate in
counseling.
COUNTI
REQUEST FOR A NO-FAULT DIVORCE
UNDER SECTION 3301(C) OF THE DIVORCE CODE
8. The averments of Paragraphs 1 through 7 are hereby incorporated by
reference in their entirety.
9. The marriage between the parties is irretrievably broken.
10. After ninety (90) days have elapsed from the date of the filing and service
of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff
believes that Defendant may also file such an Affidavit.
WHEREFORE, if both parties file Affidavits consenting to divorce, the Plaintiff
respectfully requests that this Honorable Court enter a decree of divorce pursuant to §
3301( C) of the Divorce Code.
COUNT H
EQUITABLE DISTRIBUTION
11. The averments of paragraphs 1 through 10 are hereby incorporated by
reference in their entirety.
12. During the marriage the parties accumulated marital assets and marital
debts.
13. The parties are currently living separate and apart and intend to establish
residences and lives separate and apart from each other, which creates the need for the
separation of the marital debts and marital assets.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an
Order addressing the separation of the marital debts and marital assets of the parties.
COUNT III
CUSTODY
14. The averments of paragraphs 1 through 13 are hereby incorporated by
reference in their entirety.
15. The plaintiff is Kenneth McNair who currently resides at 210 Shughart
Avenue, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania.
16. The defendant is Melissa Sue McNair who currently resides at 8 Liberty
Drive, Mt. Holly Springs, which is in Cumberland County, Pennsylvania.
17. The plaintiff is seeking custody of the following children:
Name Residence Ate
Hunter William McNair 210 Shughart Avenue, Boiling Springs 13
(DOB 8/9/1996)
Matthew Kyler McNair 210 Shughart Avenue, Boiling Springs 4
(DOB 12/20/2005)
Layn Kenneth McNair 210 Shughart Avenue, Boiling Springs 2
(DOB 8/23/2007)
Hunter was born out of wedlock. The parties were married at the time of
Matthew and Layn's birth.
Matthew and Layn are under the age of five. During the children's life, the
children have resided with the following person and at the following address:
(List all Persons) (List all Addresses) Dates
William McNair, Jr, and 210 Shughart Avenue Summer 2008
Marlene and Kim McNair, Boiling Springs, PA 17070 to present
Melissa and Kenneth McNair
Melissa and Kenneth McNair 5 Wiltshire East Winter 2007
Carlisle, PA 17013 to Summer 2008
Melissa and Kenneth McNair Newbloomfield, PA 2003
To Winter 2007
The mother of the child is Melissa Sue McNair.
She is married, but separated from the Plaintiff.
The father of the child is Kenneth McNair.
He is married but separated from the Defendant.
18. The relationship of Plaintiff to the children is that of father.
The Plaintiff currently resides with William McNair, Jr. and Marlene McNair (his
parents) and Kim McNair (plaintiff s sister)
19. The relationship of Defendant to the children is that of mother.
The Defendant currently resides with Rich C. Seideshe, Jr. (mother's boyfriend)
20. Plaintiff has not participated as a party or witness or in another capacity in
other litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect
to the children.
21. The best interest and permanent welfare of the children will be served by
granting the relief requested because:
Plaintiff is willing and able to perform the primary parental responsibilities for the
children.
Plaintiff is in the best position to provide the care and nurture which the children
need for healthy development due to the defendant's lack of housing and resources.
Defendant is not able to provide for the children's physical, psychological or
social needs while they are in her care and has made statements.
Defendant's actions demonstrate that she does not want the primary responsibility
of caring for the children.
22. Each parent whose parental rights to the children have not been terminated
and the person who has physical custody of the children have been named as parties to
this action.
custody of the minor
children.
WHEREFORE, Plaintiff requests the court tieD.'Cloove
y submitted,
r, Esquire
torney ID 92385
At
44 S. Hanover Street
Carlisle, PA 17013
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960.0074 (facsimile)
KENNETH MCNAIR, III,
Plaintiff
V.
MELISSA SUE MCNAIR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
: IN DIVORCE AND CUSTODY
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904
relating to unworn falsification to authorities.
Kenneth McNair, III
Date: 3-?q'ZM D
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH MCNAIR,
Plaintiff
V.
MELISSA SUE MCNAIR,
Defendant
CIVIL ACTION -LAW
CASE NO. 10-2198
IN DIVORCE
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PETITION FOR SPECIAL RELIEF
AND NOW, comes Plaintiff Kenneth McNair, by and through his counsel, Sheri D.
Coover, Esquire and files the following PETITION FOR SPECIAL RELIEF and in support of that
Petition avers as follows:
1. The above parties were married on June 28, 1997.
2. The parties separated on February 22, 2010.
3. The above parties filed a Complaint in Divorce pursuant to Section 3301( c) of
the Divorce Code with this Court on March 31, 2010.
4. The Divorce Complaint contained a count for equitable distribution of the marital
estate.
5. The parties were advised by tax professionals that it was in their best interest to
file their income taxes together as married.
6. Based upon this advice, the parties had their federal income tax return prepared
as married filing together.
7. The parties were to receive a refund of $6,308.05 from the federal government
which the parties agreed to divide the monies equally between them.
8. On or around March 18, 2011, Defendant Melissa Sue McNair picked up a check
from H&R Block issued in both of the parties names from the federal government for $6,308.05.
9. With the agreement of Plaintiff, Defendant deposited the check for $6,308.05
into a savings account which was established during the marriage through Members First bank
which is titled in the names of both the Plaintiff and Defendant.
10. After depositing the check into the parties' mutual checking account, Defendant
advised the Plaintiff that her understanding from the bank was that the bank was going to hold
the check for several days for processing before the funds would be released to the parties.
11. A few days later, Plaintiff attempted to contact the Defendant regarding the
status of the monies but was unsuccessful because Defendant would not answer the phone and
would not return his calls.
12. Plaintiff sent a text message to Defendant asking about the status of the money.
13. Defendant did not answer the Plaintiff's text messages.
14. Having not received any information regarding the money from Defendant,
Plaintiff went to Members First bank as to inquire as to the status of the money and whether it
was available for Plaintiff to withdraw his portion.
15. Members First advised the Plaintiff that all of the monies except for $7.82 had
been withdrawn by the Defendant by a series of withdraws from the account made by the
Defendant. A true and correct copy of the Transaction Summary from the parties' joint
checking account is hereby attached to this Petition as Exhibit 1.
16. Defendant did not make any withdraws from the parties' mutual account
between March 18, 2011 and April 15, 2011.
17. The monies from the parties' joint account were marital assets as a result of the
parties' joint income tax return.
18. Plaintiff was rightfully entitled to $3,154.00 from the income tax return for which
he is being unlawfully deprived by the Defendant.
19. Plaintiff has made attempts to contact the Defendant regarding the return of his
portion of the tax return but has not been successful.
20. Upon information and belief, the monies described above may have been
disposed of by the Defendant without the permission and acquiescence of the Plaintiff and may
be diminishing in value or worth.
21. Plaintiff seeks an Order of Court restricting the use and di$posal of the money
taken from the parties' joint marital account by the Defendant until it hjas been determined
what the Defendant did with the monies belonging to the Plaintiff without his permission.
22. Plaintiff seeks an Order of Court directing that the Defendant should return his
portion of the money that Defendant took from the marital account without his permission.
23. Section 3323(f) of the Divorce Code states that:
" In all matrimonial cases, the court shall have full equity ;[power
and jurisdiction and may issue injunctions or other orders which
are necessary to protect the interest of the parties or to
effectuate the purposes of this part and may grant such other
relief or remedy as equity and justice requires against either party
or against any third person over whom the court has jurisdiction
and who is involved in or concerned with the disposition of the
case."
24. An Order enjoining Defendant from the disposal of the money will protect the
Plaintiff from having his monies to which he is lawfully entitled being dissipated by the
Respondent.
25. An Order requiring Defendant to fully disclose and account for the status of the
money from the parties' federal income tax return will further advance the ultimate
determination of equitable distribution.
WHEREFORE, Plaintiff/Husband requests that this Honorable Court grant him the
following relief:
(a) Order Wife/Defendant to immediately return to Plaintiff/Husband's possession
$3,154.00 to which he is lawfully entitled.
(b) Order Wife/Respondent to fully disclose how she has used $nd disposed of the
$3,154.00 to which Husband is lawfully entitled;
(c) Order any other relief to Husband/Petitioner that this Court believes to be fair
and equitable.
submitted,
,Slo(eri D. Coover, Esquirte
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH MCNAIR,
Plaintiff
V.
MELISSA SUE MCNAIR,
Defendant
CIVIL ACTION - LAW
CASE NO. 10-2198
IN DIVORCE
VERIFICATION
1, Kenneth McNair, verify that the facts included in the within Pleading are true and
correct based upon information known to me or received by me from reli?ble sources. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §
4904 relating to unsworn falsification to authorities.
Date
Kenneth McNair
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH MCNAIR, CIVIL ACTION -LAW
Plaintiff
CASE NO. 10-2198
V.
MELISSA SUE MCNAIR,
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certifies that on this day of
2011, 1 caused the foregoing PETITION to be served upon Defendant
via United States first class mail, postage prepaid, addressed as follows:
Melissa Sue McNair
8 Liberty Drive
Mt. Holly Springs, PA 17065
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsinhile)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH MCNAIR, CIVIL ACTION - LAW
Plaintiff
: CASE NO. 10-2198 rn cv s?. z-n
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MELISSA SUE MCNAIR, y°
Cl •D
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Defendant
IN DIVORCE )
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MOTION TO MODIFY CUSTODY ORDER
AND NOW, comes Plaintiff Kenneth McNair, by and through his attorney, Sheri D.
Coover, Esquire and files the following MOTION TO MODIFY CUSTODY ORDER and in support
thereof avers as follows:
1. On or around May 18, 2010, the Honorable Judge Guido entered an Order of
Court which granted the parties shared physical custody of the minor children Hunter W.
McNair (DOB 8/9/1996), Matthew K. McNair (DOB 12/20/2005) and Layn K. McNair (DOB
8/23/2007). (A true and correct copy of the May 18, 2010 Order is hereby attached as Exhibit
1).
2. That Order states that Father and Mother shall share and arrange physical
custody of the children as the parties mutually agree.
3. Since the time of the custody Order, the children have resided at Father's
residence for the majority of the time.
4. Father has made every effort to allow Mother to have periods of custody of the
rhilriran ac chp rlpcirpc
S-7 0.W rL y
4J?GY/S
5. Mother has engaged in a habit of not returning the children at agreed upon
times and will return the children to Father's custody when she desires.
6. Father would like to modify the custody Order to grant him primary physical
custody of the children and for Mother to have custody of the children at specified times or at
periods of time as the parties mutually agree.
7. Father believes that his request to modify Custody will be in the children's best
interest because it will provide some structure and stability of schedule for himself and for the
children.
WHEREFORE, Father respectfully requests that this Court modify the current custody
Order to grant him primary physical custody of the minor children and Mother periods of
partial custody at specified periods of time or as the parties mutually agree.
Resp4c#ully submitted,
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH MCNAIR, CIVIL ACTION -LAW
Plaintiff
CASE NO. 10-2198
V.
MELISSA SUE MCNAIR,
Defendant IN DIVORCE
VERIFICATION
I, Kenneth McNair hereby certify that I have reviewed the statements contained in the
foregoing MOTION TO MODIFY CUSTODY ORDER and hereby verify that the statements
contained therein are true and correct to the best of my knowledge, information and belief. I
understand that I can be subject to the penalties of perjury, both civilly and criminally under
federal and Pennsylvania law for any false statements contained herein.
Kenneth cNair
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH MCNAIR, CIVIL ACTION - LAW
Plaintiff
CASE NO. 10-2198
V.
MELISSA SUE MCNAIR,
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
A
I, Sheri D. Coover, Esquire hereby certify that on this AW day of April , 2011, 1 caused
the foregoing DEFENDANT'S MOTION TO MODIFY CUSTODY to be served upon Respondent's
counsel via United States First Class mail addressed as follows:
Melissa Sue McNair
8 Liberty Drive
Mt. Holly Springs, PA 17065
submitted,
Sh i D. Coover, Esquire
orney ID 9385
44 S. Hanover street
Carlisle, PA 170113
3
KENNETH MCNAIR,
Plaintiff
V.
MELISSA SUE MCNAIR,
Defendant
u
.- 40
ivSYLVAN>
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-2198 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this 1 day of May 2010, upon consideration of thb attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Kenneth McNair, and the Mother, Meliss4 McNair, shall have
shared legal custody of Hunter W. McNair, born 08/09/1996, Matthe?K. McNair, born
12/20/2005 and Layn K. McNair, born 08/23/2007. The parties shall ave an equal right to
make all major non-emergency decisions affecting the Children's gen ral well-being including,
but not limited to, all decisions regarding their health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records d information
pertaining to the Children including, but not limited to, medical, dental, religious or school
records, the residence address of the Children and of the other parent.1 To the extent one parent
has possession of any such records or information, that parent shall bo, 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.
2. Physical Custody: Father and Mother shall share and arrange physical custody of the Children
as the parties may mutually agree. The parties shall arrange the transportation obligations for
the custody exchanges as agreed.
3. Absent further Order of Court, the parties have agreed, and shall, have the Children remain in
Father's school district for educational purposes.
4. The non-custodial parent shall have liberal telephone contact with thel Children on a reasonable
basis.
5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon.
6. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Oz r consent. In the absence of mu?ual consent, the terms of
'4 ,1 0
this Order shall contKy
w! 8 I ow OIOZ y the ourt
J.
D?pi tribution:
,/Sheri Coover, Esquire
-,,-<elissa S. McNair, 8 Liberty Drive, Mt. Holly Springs, PA 17068
-,---fo'hn J. Mangan, Esquire
r
?'r3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
r-D
KENNETH MCNAIR, CIVIL ACTION -LAW
-
-,
Plaintiff v CO
ern I:-
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r-
CASE NO. 10-2198 r ?
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V. v a--nn
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c aC
MELISSA SUE MCNAIR, ?- x
Defendant IN DIVORCE ,
RULE TO SHOW CAUSE
AND NOW, to wit, this day of 2011, upon consideration
of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause, if
any, why the relief requested should not be granted.
The Defendant is directed not to dispose of or otherwise spend the assets described in
this Petition until further direction is provided by this Court.
RULE RETURNABLE IN X DAYS FROM SERVICE.
BY THE COUR -
Distribution List:
?Sheri D. Coover, Esquire (attorney for Plaintiff)
44 S. Hanover Street, Carlisle, PA 17013
'??Olw
Melissa Sue McNair (Pro se')
8 Liberl Drive, Mt Holly Springs PA 17065
KENNETH MCNAIR IN THE COURT OF COMMON PLEAS OF&y ,.,, t"D
m
c C= ?
PLAINTIFF CUMBERLAND COUNTY, PENNSYLV*I99A
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•
ern
2010-2198 CIVIL ACTION LAW
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---ic:)
MELISSA SUE MCNAIR r
IN CUSTODY ••
DEFENDANT _
ORDER OF COURT
AND NOW, Thursday, April 28, 2011 , 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, May 24, 2011 at 2:00 PM
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
32 South Bedford Street
?arlisle, Pennsylvania 17013
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KENNETH MCNAIR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENN
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V. No. 10-2198 CIVIL ACTION L cn
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MELISSA SUE MCNAIR,
IN CUSTODY max, N u
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Defendant r+z O
Prior Judge: Edward Guido, J. o =r.
ORDER OF COURT
AND NOW this 3 d ay of September 2011, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
Legal Custody: The Father, Kenneth McNair, and the Mother, Melissa McNair, shall have
shared legal custody of Hunter W. McNair, born 08/09/1996, Matthew K. McNair, born
12/20/2005 and Layn K. McNair, born 08/23/2007. The parties shall have an equal right to
make all major non-emergency decisions affecting the Children's general well-being including,
but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school
records, the residence address of the Children 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.
2. Physical Custody: Father and Mother shall share and arrange physical custody of the Children
as the parties may mutually agree. The parties have agreed to be flexible in regard to custody.
In the absence of agreement Mother shall see the Children at least Friday 3 pm until Saturday 6
pm and then from Sunday 1 pm until Monday 6 pm each week. The parties shall arrange the
transportation obligations for the custody exchanges as agreed.
3. Absent further Order of Court, the parties have agreed, and shall, have the Children remain in
Father's school district for educational purposes.
4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis.
5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon.
6. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
7. If the parties feel necessary, they each have the right to contact the assigned conciliator to
schedule a status conference in person or by telephone to clarify any issues.
8. 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 oC` rt,-
J.
Distribution:
Sheri Coover, Esquire
Melissa S. McNair, 8 Liberty Drive, Mt. Holly Springs, PA 17068 OTips MailP,d
John J. Mangan, Esquire
9? Foxe
KENNETH MCNAIR,
Plaintiff
V.
MELISSA SUE MCNAIR,
Defendant
Prior Judge: Edward Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-2198 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 Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Hunter W. McNair 08/09/1996 Father and Mother
Matthew K. McNair 12/20/2005 Father and Mother
Layn K. McNair 08/23/2007 Father and Mother
2. A Conciliation Conference was held with regard to this matter on May 14, 2010, an
Order issued May 18, 2010 and a conference was held May 24, 2011 with the following
individuals in attendance:
The Mother, Melissa S. McNair, self-represented party
The Father, Kenneth McNair, with his counsel, Sheri Coover, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John J. n an, Esquire
Custod Co ciliator