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HomeMy WebLinkAbout05-3706GLEN ELLIOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. US- ?'IU(o CIVIL TERM MELISSA LUCE, Defendant : CIVIL ACTION - CUSTODY COMPLAINT OF CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, the Plaintiff, GLEN ELLIOTT, by and through his attorneys, Coyne & Coyne, P.C., and avers the following in support of this custody complaint: 1. Plaintiff is GLEN ELLIOTT, an adult individual, whose current address is 455 Stone Hedge Lane, Mechanicsburg, Pennsylvania. 2. Defendant is MELISSA LUCE, an adult individual, now residing at 30 Edgewood Drive, Mechanicsburg., Pennsylvania. 3. Plaintiff seeks a shared custody schedule of Isabella Sharner-Elliott born June 17, 2005. 4. The daughter was born out of wedlock. 5. The daughter is presently in the custody of the Defendant. 6. During the daughter's lifetime, the daughter has resided with the following persons and at the following addresses: Name: Residence: Dates: Mother and maternal grandparents 30 Edgewood Drive June 17, 2005 - Mechanicsburg, PA 17055 Present 7. The Defendant is the mother of the daughter and she is single. 8. The Plaintiff is the father of the daughter and he is single. 1 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the daughter in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the daughter pending in a court of this Commonwealth or any other state. 11. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the daughter or claims to have custody or visitation rights with respect to the daughter. 12. The best interest and permanent welfare of the daughter will be served by granting the relief requested because the age of the daughter and the fact that the Mother is regulating father's contact with his daughter. It is in the best interest of the daughter to have regular and steady contact with both parents as such Plaintiff seeks shared legal and physical custody of the daughter with the daughter maximizing her time with both parents. 13. Each parent whose parental rights to the daughter have not been terminated and the person who has physical custody of the daughter have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the daughterren will be given notice of the pendancy of this action and the right to intervene: None. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff shared legal and physical custody of the daughter. Respectfully submitted, COYNE & COYNE, P.C. By: Austin F. Gro an E 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 2 J VERIFICATION I, Glen Elliott, certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief and that this verification is subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date 7 - 2 Z ^ off/ Gle lliott ? ?? ^,., c . .a 1? C ? 'T T t Il 1 ?t h1 J ? :Cri ?' ?.. ? '.: U? ? ;? : < t„f . G ? / f. ?? GLEN ELLIOTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3706 CIVIL ACTION LAW MELISSA LUCE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 27, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Wednesday, August 31, 2005 al 10:00 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing; Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Lscj. 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 ,;,, ,?., ;.? ??? RECEIVED SEP 0 7 2005 A GLEN ELLIOTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-3706 CIVIL ACTION LAW MELISSA LUCE Defendant IN CUSTODY ORDER OF COURT AND NOW, this S' day of i U: _ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Glen Elliott, and the Mother, Melissa Luce, shall have shared legal custody of Isabella Shaner-Elliott, born June 17, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. Beginning on Monday, September 12, 2005 and continuing thereafter, the Father shall have custody of the Child every week on Mondays from 9:00 a.m. until 11:00 a.m. (for which the Father shall provide all transportation to and from the Mother's residence) and every week on Tuesdays and Wednesdays from between 4:00 p.m. and 4:30 p.m. through between 8:00 p.m. and 8:30 p.m. On Tuesdays and Wednesdays, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. B. In addition to the times specified in Sub-paragraph A of this provision, beginning on Saturday, September 10, 2005, the Father shall have custody of the Child on alternating weekends on Saturday and Sunday from 8:30 a.m. until 5:30 p.m. The parties agree that they shall adjust the alternating weekend schedule so that the Father has custody of the Child on October 1 and 2, 2005 and the Mother has custody on October 8 and 9, 2005, thus resulting in each parent having custody of the Child for two consecutive weekends in order to resume the original alternation. The Mother shall provide all transportation for exchanges of custody on Saturday and the Father shall provide all transportation for exchanges of custody on Sundays. t : ?:: -- ;:':? r? ??.. ? ;, n. `. ,??a ,a? * - ? i ,, c. r C. In addition to the weekday periods of custody set forth in Sub-paragraph A of this provision, beginning on Saturday, October 22, 2005, the Father's weekend periods of custody shall be extended overnight so that the Father has custody from Saturday at 8:30 a.m. through Sunday at 5:30 p.m. D. In addition to the weekday periods of custody set forth in Sub-paragraph A of this provision, beginning on Friday, December 2, 2005, the Father's alternating weekend periods of custody shall be expanded to run from Friday after work at 5:30 p.m. through Sunday at 5:30 p.m. 4. hi the event either party believes that the scheduled expansion of the Father's periods of weekend custody to include the overnight period beginning on October 22 would be detrimental to the Child in light of the Child's adjustment and development at that time, counsel for either party may contact the conciliator at least one week in advance of the scheduled expansion to schedule a conference call to address the issue. 5. The parties agree that the Mother shall have custody of the Child for the Thanksgiving holiday in 2005. 6. Unless otherwise specified in this Order or agreed between the parties, the party receiving custody shall be responsible to provide transportation for exchanges of custody. 7. The parties acknowledge that it is their intention by this Order to implement a gradually increasing partial custody schedule for the Father which is consistent with the Child's needs and development in an effort to maximize both parties contact with the Child. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, November 22, 2005 at 8:30 a.m. The purpose of the conference shall be to review the expansion of the partial custody arrangements and address the Father's proposal for an extended period of custody with the Child over the Christmas holiday. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc:?st' F. Grogan, Esquire - Counsel for Father ,,;ofdan D. Cunningham, Esquire - Counsel for Mother 0R ,010 GLEN ELLIOTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-3706 CIVIL ACTION LAW MELISSA LUCE Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Isabella Shaner-Elliott June 17, 2005 Mother 2. A conciliation conference was held on August 31, 2005, with the following individuals in attendance: The Father, Glen Elliott, with his counsel, Austin F. Grogan, Esquire, and the Mother, Melissa Luce, with her counsel, Jordan D. Cunningham, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 1 DEC 0 2 2005 ,s)y GLEN ELLIOTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-3706 CIVIL ACTION LAW MELISSA LUCE Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4' day of 7,"_, , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: t. The prior Order of this Court dated September 8, 2005 shall continue in effect, with the exception that the Father's weekend periods of custody shall end on Sunday at 7:00 p.m., instead of 5:30 p.m., through December 16, 2005 when the prior Order of this Court shall be vacated and replaced with this Order. 2. The Father, Glen Elliott, and the Mother, Melissa Luce, shall have shared legal custody of Isabella Shaner-Elliott, born June 17, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child beginning Friday, December 16, 2005 on alternating weekends from Friday at 9:00 a.m. through Sunday at 7:00 p.m. In the event the Father has to work on a Saturday during his weekend period of custody, the Father shall transport the Child to and from the Mother's residence during his period of unavailability. In addition, the Father shall have custody of the Child every week on Mondays, beginning December 19, 2005 from after work until 8:30 p.m. and during every week, beginning December 21, from Wednesday after work through Thursday morning at 7:00 a.m., when the Father shall transport the Child to the Mother's residence. 5. The Father shall ensure that the Child is picked up at daycare by 6:00 p.m. on Mondays and Wednesdays or that alternative arrangements are made in accordance with the daycare policies. 1 ; ?: C:= I 6. The parties shall share having custody of the Child over the Christmas holiday in 2005 as follows: The Mother shall have custody of the Child from December 23 through December 26 at 9:00 a.m., the Father shall have custody on December 26 from 9:00 a.m. until 5:00 p.m., the Mother shall have custody from December 26 at 5:00 p.m. through December 29 when the Father gets off work, and the Father shall have custody from December 29 after work through January 2 at 12:00 noon. 7. The Mother shall have custody of the Child over the Easter holiday in 2006. 8. In the event a party is unavailable to provide care for the Child during his or her period of custody for three hours or longer, that party shall first contact the other parent to offer the opportunity to provide care before contacting third party caregivers. 9. The parties shall provide each other with as much advance notice as possible of any necessary adjustments to the schedule. 10. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody during the week and the party relinquishing custody of the Child shall provide the transportation on weekends. 11. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on April 21, 2006 at 8:30 a.m. for the purpose of establishing the details of a shared custody arrangement, including an ongoing shared holiday schedule. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control, BY THE COURT„ -4 J4- A. Hess J. cc: Xisa M. Coyne, Esquire - Counsel for Father ordan D. Cunningham, Esquire - Counsel for Mother P7?? X0 GLEN ELLIOTT Plaintiff VS. MELISSA LUCE Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3706 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Isabella Shaner-Elliott June 17, 2005 Mother 2. A custody conciliation conference was held on November 29, 2005, with the following individuals in attendance: The Father, Glen Elliott, with his counsel, Lisa M. Coyne, Esquire, and the Mother, Melissa Luce, with her counsel, Jordan D. Cunningham, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Na Sher 30? a c?v 5 -- Date Dawn S. Sunday, Esquir Custody Conciliator F1???4?,`???T1f FJl MAY 0 4 2005 I3Y: _ GLEN ELLIOTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-370tg CIVIL ACTION LAW MELISSA LUCE Defendant IN CUSTODY ORDER OF COURT AND NOW, this S` day of ' 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 6, 2005 shall continue in effect as modified by this Order. 2. Effective immediately, the Father's alternating weekend periods of custody shall be extended through Monday morning at 7:30 a.m. when the Father shall transport the Child to the Mother's residence. 3. Effective immediately the Father shall have custody of the Child every week on Tuesdays instead of Mondays, from after work until 8:30 p.m. Beginning on August 15, 2006, the Father's Tuesday evening periods of custody shall extend through Wednesday morning on alternating weeks. 4. The Mother shall have uninterrupted periods of vacation with the Child in 2006 from July 15 though July 22, and from September 10 through September 17. The Father shall have uninterrupted periods of vacation with the Child in 2006 from July 30 through August 6, and from September 24 through October 1. 5. The parties shall share having custody of the Child on the Memorial Day, Independence Day and Labor Day holidays as follows: A. Memorial Day/Labor Day: The Memorial Day and Labor Day holidays shall run from Friday at 9:00 a.m. through Monday at 8:00 p.m. In the event a party's period of holiday custody under this provision falls on the other party's regular weekend period of custody, the parties shall exchange the following weekend period of custody in order to resume the regular alternating schedule thereafter, which would result in each party having custody for two consecutive weekends before resuming the schedule. In even numbered years, the Father shall have custody of the Child on the Memorial Day and Labor Day holidays and in odd numbered years, the Mother shall have custody of the Child on the Memorial Day and Labor Day holidays. VKvn"uSNN3d nr. ; tai?n? )dNnG'l S 0 : I I WV S- UW 9001 AUVIQ &Qdd 3Hi 3D 5c4 B. Independence Dav:The Independence Day holiday shall run from 8:00 a.m. until after the fireworks on July 4` . The Mother shall have custody of the Child for the Independence Day holiday in even numbered years and the Father shall have custody in odd numbered years. C. Mother's Day/Father's Day: The Mother shall have custody of the Child on Mother's Day in every year and the Father shall have custody of the Child on Father's Day in every year. 6. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on November 1, 2006 at 8:30 a.m. for the purpose of reviewing the custody arrangements and establishing an ongoing shared holiday schedule. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, K in A. Hess J. cc isa M. Coyne, Esquire - Counsel for Father ,/Jordan D. Cunningham, Esquire - Counsel for Mother A 6e? ?-off s Y GLEN ELLIOT Plaintiff VS. MELISSA LUCE Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3706 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Isabella Shaner-Elliott June 17, 2005 Mother 2. A custody conciliation conference was held on April 20, 2006, with the following individuals in attendance: The Father, Glen Elliott, with his counsel, Lisa M. Coyne, Esquire, and the Mother, Melissa Luce, with her counsel, Jordan D. Cunningham, Esquire. 3. The parties agreed to entry of an Order in the form as attached. MCA, a? , o200(i L u". Date Dawn S. Sunday, Esquire Custody Conciliator GLEN ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 05-3'ID(o NO.tr-T 7M CIVIL ACTION LAW V. MELISSA LUCE, Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please ender my appearance on behalf of the Defendant in the above captioned case. Date: Respectfully submitted, ROMINGER & WHARE Michael J. Whare, Esq re 155 South Hanover Street Carlisle; PA 1701.3 (717) 241-6070 Supreme Court ID # 89028 Attorney for Defendant TO THE PROTHONOTARY: PR.A.ECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the endant in a ptioned ease. dan . 'ngham, Esquire -13 of C::? D ti t ? ` ,.? tom NOV082006 ,y? GLEN ELLIOTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-3706 CIVIL ACTION LAW MELISSA LUCE Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3 " day of u rvd-l, , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 5, 2006 shall continue in effect as modified by this Order pending completion of the custody evaluation and further Order of Court or agreement of the parties. 2. The parties shall submit themselves and their minor child to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement. The purpose of the evaluation shall be to obtain independent professional recommendations concerning the Father's request to expand the current custodial schedule to an equally shared arrangement. The parties shall equally share all costs of the evaluation. 3. The parties shall share having custody of the Child on Thanksgiving as follows: In even numbered years, the Father shall have custody during Segment A, which shall run from Wednesday at 3:00 p.m. through Friday at 3:00, and the Mother shall have custody during Segment B, which shall run from Friday at 3:00 p.m. through Monday morning. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. 4. The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at noon through Christmas Day at noon, and Segment B, which shall run from Christmas Day at noon through December 26 at noon. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. 5. The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at noon through New Year's Day at noon, and Segment B, which shall run from New Year's Day at noon through January 2 at noon. In even numbered years, the Mother shall have custody during Segment A and The Father shall have custody during Segment B. In odd numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Eve. In every year, the Father shall have custody of the Child for at least two days 4,r; i 1 ?' ? ?"'f1 ? ? r? rt f ? ;,? t:??l?? r' . ,- t,:,.?1 f??? K ??'?tL? ?{ r ? ,1 i {-,lid 4' between the Christmas and New Year's holidays to take the Child to visit relatives, with the specific dates and times to be arranged cooperatively between the parties. 6. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Following the Father's midweek overnight periods of custody, the Mother shall pick up the Child at the Father's residence at 7:00 a.m. unless otherwise agreed. 8. Each party shall be entitled to have custody of the Child for two weeks each year for vacation upon providing at least 30 days advance notice to the other party. The party providing notice first shall be given preference on his or her selection of vacation dates. 9. Within 60 days of receipt of the evaluator's custody recommendations, counsel for either party, or a party pro se, may contact the conciliator to schedule an additional custody conciliation conference. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, A. Hess J. cc: Ichael n Elliot - Father J. Whare, Esquire - Counsel for Mother A GLEN ELLIOTT Plaintiff vs. MELISSA LUCE Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3706 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Isabella Shaner-Elliott June 17, 2005 Mother 2. A custody conciliation conference was held on November 1, 2006, with the following individuals in attendance: The Father, Glen Elliott, and the Mother, Melissa Luce, with her counsel, Michael J. Whare, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 0 ov e•M-h? 1 , a?4 Date Dawn S. Sunday, Esquire Custody Conciliator GLEN ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-3706 CIVIL MELISSA LUCE, Defendant ORDER AND NOW, this / y ' day of November, 2006, our order dated November 3, 2005, is amended to reflect that the correct date should be November 3, 2006. All other provisions of said order to remain in full force and effect. BY THE COURT, Glen Elliott 455 Stone Hedge Lane Mechanicsburg, PA 17055 :r Defendant Michael Whare, Esquire For the Defendant Hess, J. rlm CCU'{1I'V ?I i",ON9Ulo 4 J,t ` ; G 3 "Hi -Q GLEN W. ELLIOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3707 CIVIL TERM MELISSA LUCE, Defendant : CIVIL ACTION-- CUSTODY PETITION TO WITHDRAW AS COUNSEL TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW comes, Lisa Marie Coyne, Esquire, counsel for Plaintiff and avers the following in support of request for permission to withdraw from representation of Plaintiff in this matter. 1. On or about July 22, 2005, the plaintiff, Glen Elliott, engaged the professional services of undersigned legal counsel. 2. Subsequent to entering into that written contract, and after performing a significant amount of legal work on behalf of the plaintiff, the undersigned submitted repeated requests for payment for services rendered. 3. Plaintiff has failed to remit payment of outstanding invoice due and owing to the undersigned. 4. The undersigned legal counsel requests Court permission to withdraw from representation of plaintiff in this matter and that said withdrawal will not in any way hinder the administration or conclusion of this matter. WHEREFORE, the Petitioner, Lisa Marie Coyne, Esquire, to withdrawal as legal counsel of record for the plaintiff Respectfully submitted: COYNE & COYNE, P.C. Dated By: is arie Coyne 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 Pa. Supreme Ct. No. 53788 Petitioner CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition to Withdrawn was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Glen W. Elliott 455 Stonehedge Lane Mechanicsburg, PA 17055 Dated: Z- -e -07 7?'? L- e- ?isa M rie Coyne vf? cla I CE BA72001pi i GLEN W. ELLIOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • 370b Vs. : NO.05-PO91 CIVIL TERM MELISSA LUCE, . Defendant : CIVIL ACTION-- CUSTODY RULE TO SHOW CAUSE AND NOW this day of z(i_ rJ !!?±7 , 2007, upon consideration of Petitioner, Lisa Marie Coyne, Esquire's Petition to Withdraw as Counsel for Plaintiff, a Rule is issued upon the Plaintiff to show cause why the Petition should not be granted. This Rule is Returnable 20 days after Service upon the Plaintiff. By the Court: Cf. Lisa Marie Coyne, Esquire Petitioner 01 0 :1 f ills` - GSA L 0 0 Z GLEN W. ELLIOTT, Plaintiff VS. MELISSA LUCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3706 CIVIL TERM CIVIL ACTION-- CUSTODY CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Rule to Show Cause, dated February 8, 2007 was served this date upon the below- referenced individual at the below listed address by way of first class mail, postage pre-paid: Glen W. Elliott 455 Stonehenge Lane Mechanicsburg, PA 17055 Dated: 0 Respectfully submitted, COYNE & COYNE, P.C. BY: Lisa Mare Coyn Pa. Supr e Ct. o. 53788 3901 Mark eet Camp Hill, PA 17011-4227 (717) 737-0464 Petitioner nt co . t w CA GLEN W. ELLIOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3706 CIVIL TERM MELISSA LUCE, Defendant : CIVIL ACTION-- CUSTODY CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the Rule to Show Cause, dated February 8, 2007 was served February 9, 2007 upon the below- referenced individual at the below listed address by way of first class mail, postage pre-paid: Glen W. Elliott 455 Stonehenge Lane Mechanicsburg, PA 17055 Dated: /V7 Respectfully submitted, COYNE & COYNE, P.C. ' f BY: Lisa MctLy Coyne Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Petitioner ? r? ? ? r ? ? ? ? ..,?{is L? ? GLEN W. ELLIOTT, Plaintiff VS. MELISSA LUCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3706 CIVIL TERM CIVIL ACTION-- CUSTODY PETITION TO MAKE RULE ABSOLUTE TO THE HONORABLE, JUDGE KEVIN A. HESS: AND NOW comes, Petitioner, Lisa Marie Coyne, Esquire, and avers the following in support of request for Rule Absolute to Permit Petitioner's withdrawal of representation of Plaintiff in this matter. I. On February 6, 2007, Petitioner, Attorney Lisa Marie Coyne, filed a Petition to Withdraw as Counsel for Plaintiff. 2. On February 8, 2007, Judge Hess, of this Honorable Court issued upon the Plaintiff, Glen W. Elliott, a Rule to Show Cause why the Petitioner should not be permitted to withdraw as counsel to the Plaintiff. (A copy of the Order is attached as Exhibit "A"). 3. On February 9, 2007, the Petitioner, Lisa Marie Coyne, Esquire, served a true copy of the Rule to Show Cause upon the Plaintiff, Glen W. Elloitt. 4. Plaintiff did not respond to or answer the Rule to Show Cause and twenty days have elapsed since service of the Rule to Show Cause was made upon the Plaintiff'. WHEREFORE, the Petitioner, Lisa Marie Coyne, Esquire, requests this Honorable Court to issue a Rule Absolute and thereby permit the Petitioner to withdraw as legal counsel of record for the Plaintiff. Dated: 3-1 -v Respectfully submitted: COYNE & COYNE, P.C. By: Li a Marie Coyne, quire 01 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Petitioner FE '8 (s 17 2jjfj ?4 GLEN W. ELLIOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAIVZA 3070 VS. : NO. 05-39:$-' -CIVIL TERM NIELISSA LUCE, . Defendant : CIVIL ACTION-- CUSTODY RULE TO SHOW CAUSE AND NOW this day of 2007, upon consideration of Petitioner. Lisa Marie Coyne, Esquire's Petition to Withdraw as Counsel for Plaintiff, a Rule is issued upon the Plaintiff to show cause why the Petition should not be granted. This Rule is Returnable days after Service upon the Plaintiff. By the Court: J. Cf: Lisa Marie Coyne, Esquire . Petitioner FROWRIEW -'rRUE-00PY. RU m Teed ? whereof, I here unto set my MAID ind the s of said Court at C*, Pa. -2 4y, ILL, 494- honrAaro CERTIFICATE OF SERVICE 1, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Rule Absolute was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Glen W. Elliott 455 Stonehenge Lane Mechanicsburg, PA 17055 Respectfully submitted, COYNE & COYNE, P.C. r Dated: BY:.? Lisa )eme rie Coyne, Esquire Pa. S Ct. No. 53788 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Petitioner ww oz Boa GLEN W. ELLIOTT, Plaintiff VS. MELISSA LUCE, Defendant AND NOW this yY - : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3706 CIVIL TERM CIVIL ACTION-- CUSTODY RULE ABSOLUTE day of -m a.clr , 2007, it appearing that on February 9, 2007, Petitioner served upon Plaintiff, Glen W. Elliott, a Rule to Show Cause why his Attorney Lisa Marie Coyne should not be permitted to withdraw as his counsel, and the Plaintiff did not answer or reply to said Rule within twenty (20) days of service of same, Petitioner, Lisa Marie Coyne, Esquire is hereby granted permission to withdraw as counsel of record for the Plaintiff, Glen W. Elliott. BY THE COURT: Cc: isa Marie Coyne, Esquire, Petitioner X en W. Elliott, Plaintiff . c w c Kevi . Hess, Judge OF "'TAPY I ?? % , . GLEN ELLIOTT, : IN THE COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY, PENNSYLVANIA • a7dL NO.05-3707 CIVIL TERM vs CIVIL ACTION - LAW MELISSA LUCE, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Coyne & Coyne, P.C. of behalf of the Plaintiff, Glen Elliott in the above matter. COYNE & v By: DQ,?, V?,, - 31,6107 Li Marie Coyne, ESQU 39 11 Market Street mp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 r? G c L4 co IEP!1 gOpl ,,,/ GLEN ELLIOTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Of-3-166 vs. 654-3-?6 CIVIL ACTION LAW MELISSA LUCE Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z s` day of AOA416v , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Father, Glen Elliott, and the Mother, Melissa Luce, shall have shared legal custody of Isabella Shaner-Elliott, born June 17, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 9:00 a.m. through Monday at 7:30 a.m. During weeks following the Father's weekend periods of custody, the Father shall also have custody from Tuesday at 5:30 p.m. through Wednesday at 7:00 a.m. and from Wednesday afternoon (at a time to be arranged by agreement) through Thursday at 7:00 a.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Tuesday from 5:30 p.m. until 8:30 p.m. and from Wednesday afternoon (at a time to be arranged by agreement) through Thursday at 7:00 a.m. e AiNno ? r?r t? c r- p-wi o 61 *Z1 Wd SZ d3S LODZ 1? VIONGHICIdd ?Hi ?O 301:440-QM14 5. The parties shall share or alternate having custody on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. B. New Years: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Years holiday shall be deemed to fall within the same year as New Years Eve. In every year, the Father shall have custody of the Child for at least two (2) days between the Christmas and New Years holidays to take the Child to visit relatives, with the specific times and dates to be arranged by agreement between the parties. C. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday at 3:00 p.m. through Friday at 3:00 p.m., and Segment B, which shall run from Friday at 3:00 p.m. through Monday morning. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B D. Memorial DU/Labor Day: The Memorial Day and Labor Day holidays shall run from Friday at 9:00 a.m. through Monday at 8:00 p.m. In the event a party's period of holiday custody under this provision falls on the other party's regular weekend period of custody, the parties shall exchange the following weekend period of custody in order to resume the regular alternating schedule thereafter, which would result in each party having custody for two (2) consecutive weekends before resuming the schedule. In even numbered years, the Father shall have custody of the Child on the Memorial Day and Labor Day holidays and in odd numbered years, the Mother shall have custody of the Child on the Memorial Day and Labor Day holidays. E. Independence Day: The Independence Day holiday shall run from 8:00 a.m. until after the fireworks on July 4t". The Mother shall have custody of the Child for the Independence Day holiday in even numbered years and the Father shall have custody in odd numbered years. F. Mother's Day/Father's Day: The Mother shall have custody of the Child on Mother's Day in every year and the Father shall have custody of the Child on Father's Day in every year. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Child for two (2) weeks each year for vacation upon providing at least 30 days advance notice to the other party. The party providing notice first shall be given preference on his or her selection of vacation dates. 7. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. Following the Father's mid-week overnight periods of custody, the Mother shall pick up the Child at the Father's residence at 7:00 a.m. unless otherwise agreed. 8. In the event a party is unavailable to provide care for the Child during his or her period of custody for four (4) hours or longer, that party shall first contact the other parent to offer the opportunity to provide care before contacting third party caregivers. This provision shall not apply in the event that either the maternal or paternal grandparents are available to provide care during any period where the parents are unable to provide care for the Child during their periods of custody. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 'Ah?- iii A. Hess J. cc: /!en Elliott, M.D., Father ?Aichael J. Whare, Esquire - Counsel for Mother y 0 GLEN ELLIOTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA or-37611 vs. -05-37?7 CIVIL ACTION LAW MELISSA LUCE Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Isabella Shaner-Elliott June 17, 2005 Mother 2. A custody conciliation conference was held on September 19, 2007, with the following individuals in attendance: the Mother, Melissa Luce, with her counsel, Michael J. Whare, Esquire, and the Father, Glen Elliott, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. O o1Gd7 Date Dawn S. Sunday, Esquire Custody Conciliator D~ i MELISSA GATES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GLEN W. ELLIOTT DEFF..,NDANT • 2005-3706 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 03, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 07, 2010 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas pf Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For informlation 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. ~~_ ^= o ; Cumberland County Bar Association r `-" $; (~. (~ C~, '~ ~~ l,~ 32 South Bedford Street ~- ~ c` Carlisle, Pennsylvania l 7013 ~- ~ ~~ ~b ~2-~-. " -~ Telephone (717) 249-3166 - , .~ ~I.1 m ~ .. L d ~ ~., $. y. ~ v ~:,~ mom, l e S~n~ SEP 10 Zulu It MELISSA GATES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2005-3706 CIVIL ACTION LAW GLEN W. ELLIOTT Defendant IN CUSTODY -r165 cs 7, Gay ? . ? s , ORDER OF COURT 3 ' C) C+ AND NOW, this /Y day of S?„tti, (? 1 d;' upo consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 25, 2007 shall continue in effect as modified by this Order. 2. Provision 5E of the prior Order of this Court is modified to provide that the Independence Day holiday shall run from July 4 at 8:00 a.m. through July 5 at 8:00 a.m. The Mother shall have custody of the Child for the Independence Day holiday in even numbered years and the Father shall have custody in odd numbered years. 3. Provision 6 of the prior Order is vacated and replaced with the following: Each party shall be entitled to have custody of the Child for three weeks each year for vacation, only two weeks of which may be scheduled consecutively unless otherwise agreed between the parties in writing. Each party shall provide at least 30 days advance notice to the other party of vacation dates. However, neither party shall provide notice more than one year in advance. The party providing notice first shall be given preference on his or her selection of vacation dates. 4. Within 10 days of the date of the conciliation conference, the parties shall schedule a session for mediation with Deborah Salem who served as the prior evaluator, to address the Father's request for an additional overnight every two weeks as it relates to the Child's well-being. The costs of the mediation/counseling shall be shared equally between the parties. BY THE COURT, Kevin A. Hess J. / l cc: ??n W. Elliott- Father Michael J. Whare, Esquire - Counsel for Mother COT I es rn?S l 9/) xy/w ?;1 SEP 101U1U MELISSA GATES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. GLEN W. ELLIOTT Defendant Prior Judge: Kevin A. Hess 2005-3706 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Isabella J. Shaner-Elliott June 17, 2005 Mother 2. A custody conciliation conference was held on September 7, 2010, with the following individuals in attendance: the Mother, Melissa Gates, with her counsel, Michael J. Whare, Esquire, and the Father, Glen W. Elliott, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ck/D Date Dawn S. Sunday, Esquire Custody Conciliator HE P i?OTHO aO Te'= FY 2 I 1 I=I A'i 16 MI 9: 52 CUMBERLAND COUNTY PENNSYLVANIA GLEN W. ELLIOT : IN THE COURT OF COMMON PLEAS OF v. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action- Law • : No. 2005- 3706 Civil Term MELISSA GATES, Defendant : IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Melissa Gates, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. Petitioner, hereinafter referred to as Mother, resides at 577 Miller Boulevard, Mechanicsburg, PA 17055. 2. Respondent, hereinafter referred to as Father, resides at 450 Stonehedge Lane, Mechanicsburg, PA 17055. 3. The parties are the parents of the minor child, Isabella Shaner-Elliot, born June 17,, 2005, hereinafter referred to as Bella. 4. A Custody Order was entered on September 25, 2007, by the Honorable President Judge Kevin A. Hess. (See attached Exhibit A). The September 25, 2007 Order was later modified by the Honorable President Judge Kevin A. Hess on September 14, 2010. (See attached Exhibit B). In pertinent part, paragraph two of the September 25, 2007 Order grants the parties shared legal custody. 5. Father is in contempt of the current Custody Order for the following reasons: a. In early March of this year, Bella told her mother that she was attending classes at her Father's church. Mother sent a text message to Father on March 6, 2014 requesting information about the classes. Father never responded to Mother's text message. b. On or about April 13, 2014, Bella celebrated her First Communion at Father's church. Father did not contact Mother regarding Bella's First Communion. Mother sent another text message on April 14, 2014 concerning this matter, and Father did not respond. c. Father willfully disobeyed the Custody Order concerning the parties shared legal rights of Bella. The Custody Order states that all major decisions concerning Bella be made jointly. Religious training is specifically mentioned in the order and Bella's First Communion education clearly falls under the shared legal custody rights of the Mother. Father did not discuss, communicate or make any attempts to involve Mother in Bella's First Communion. d. Father's willful actions to exclude Mother from Bella's First Communion violates Mother's shared legal rights and negatively impacts the Mother/Daughter relationship. WHEREFORE, Mother respectfully requests that this Honorable Court order the following: a. Father is in contempt of the Custody Orders dated September 25, 2007 and September 14, 2010. b. Father be ordered to pay Mother's legal fees, including attorney fees and court costs associated with the contempt petition. c. Any other relief this Honorable Court finds just and appropriate. Date: C- Respectfully submitted, Michael J. Whare,/Esquire 37 East Pomfret Street Carlisle, PA 17013 717-243-3561 Supreme Ct. Id No. 89028 Attorney for Petitioner GLEN W. ELLIOT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. MELISSA GATES, Defendant : Civil Action- Law • : No. 2005- 3706 Civil Term : IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. 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: e ssa G• es, Petitioner GLEN ELLIOTT vs. MELISSA LUCE Plaintiff SEP 2320t7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3707 CIVIL ACTION LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ,{, J1 n day of , 2007, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. All prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Father, Glen Elliott, and the Mother, Melissa Luce, shall have shared legal custody of Isabella Shaner-Elliott, born June 17, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 9:00 a.m. through Monday at 7:30 a.m. During weeks following the Father's weekend periods of custody, the Father shall also have custody from Tuesday at 5:30 p.m. through Wednesday at 7:00 a.m. and from Wednesday afternoon (at a time to be arranged by agreement) through Thursday at 7:00 a.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Tuesday from 5:30 p.m. until 8:30 p.m. and from Wednesday afternoon (at a time to be arranged by agreement) through Thursday at 7:00 a.m. E)(1\ 5. The parties shall share or alternate having custody on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. B. New Years: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Years holiday shall be deemed to fall within the same year as New Years Eve. In every year, the Father shall have custody of the Child for at least two (2) days between the Christmas and New Years holidays to take the Child to visit relatives, with the specific times and dates to be arranged by agreement between the parties. C. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday at 3:00 p.m. through Friday at 3:00 p.m., and Segment B, which shall run from Friday at 3:00 p.m. through Monday morning. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B D. Memorial Day/Labor Day: The Memorial Day and Labor Day holidays shall run from Friday at 9:00 a.m. through Monday at 8:00 p.m. In the event a party's period of holiday custody under this provision falls on the other party's regular weekend period of custody, the parties shall exchange the following weekend period of custody in order to resume the regular alternating schedule thereafter, which would result in each party having custody for two (2) consecutive weekends before resuming the schedule. In even numbered years, the Father shall have custody of the Child on the Memorial Day and Labor Day holidays and in odd numbered years, the Mother shall have custody of the Child on the Memorial Day and Labor Day holidays. E. Independence Day: The Independence Day holiday shall run from 8:00 a.m. until after the fireworks on July 4t. The Mother shall have custody of the Child for the Independence Day holiday in even numbered years and the Father shall have custody in odd numbered years. F. Mother's Day/Father's Day: The Mother shall have custody of the Child on Mother's Day in every year and the Father shall have custody of the Child on Father's Day in every year. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Child for two (2) weeks each year for vacation upon providing at least 30 days advance notice to the other party. The party providing notice first shall be given preference on his or her selection of vacation dates. 7. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. Following the Father's mid -week overnight periods of custody, the Mother shall pick up the Child at the Father's residence at 7:00 a.m. unless otherwise agreed. 8. In the event a party is unavailable to provide care for the Child during his or her period of custody for four (4) hours or longer, that party shall first contact the other parent to offer the opportunity to provide care before contacting third party caregivers. This provision shall not apply in the event that either the maternal or paternal grandparents are available to provide care during any period where the parents are unable to provide care for the Child during their periods of custody. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Glen Elliott, M.D., Father Michael J. Whare, Esquire - Counsel for Mother TRUE COM' FROM RECORD In Testimony whereof, he -re kir.tc set my hand and e se 1 of said r u aril ie, Pa. o al de 9 *•• ro honotary MELISSA GATES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-3706 CIVIL ACTION LAW GLEN W. ELLIOTT Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /4Hk_ day of � ��� , 2010, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. The prior Order of this Court dated September 25, 2007 shall continue in effect as modified by this Order. 2. Provision 5E of the prior Order of this Court is modified to provide that the Independence Day holiday shall run from July 4 at 8:00 a.m. through July 5 at 8:00 a.m. The Mother shall have custody of the Child for the Independence Day holiday in even numbered years and the Father shall have custody in odd numbered years. 3. Provision 6 of the prior Order is vacated and replaced with the following: Each party shall be entitled to have custody of the Child for three weeks each year for vacation, only two weeks of which may be scheduled consecutively unless otherwise agreed between the parties in writing. Each party shall provide at least 30 days advance notice to the other party of vacation dates. However, neither party shall provide notice more than one year in advance. The party providing notice first shall be given preference on his or her selection of vacation dates. 4. Within 10 days of the date of the conciliation conference, the parties shall schedule a session for mediation with Deborah Salem who served as the prior evaluator, to address the Father's request for an additional overnight every two weeks as it relates to the Child's well-being. The costs of the mediation/counseling shall be shared equally between the parties. BY THE COURT, a2/2.`J Kevin A. Hess J. cc: Glen W. Elliott — Father Michael J. Whare, Esquire - Counsel for Mother 5)(x,;64 8 TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the se ofsaid'��rt �a Carlis�le, Pa. This L of 20 GLEN W. ELLIOT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law MELISSA GATES, Defendant : No. 2005- 3706 Civil Term • : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Melissa Gates, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) • 18 Pa.C.S. §2706 0 0 (relating to terroristic threats) • 18 Pa.C.S. §2709.1 0 0 (relating to stalking) O 18 Pa.C.S. §2901 0 0 (relating to kidnapping) • 18 Pa.C.S. §2902 0 0 (relating to unlawful restraint) O 18 Pa.C.S. §2903 (relating to false imprisonment) O 18 Pa.C.S. §2910 0 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. §3121 LJ (relating to rape) O 18 Pa.C.S. §3122.1 0 (relating to statutory sexual assault) O 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. §3124.1 0 0 (relating to sexual assault) O 18 Pa.C.S. §3125 0 0 (relating to aggravated indecent assault) O 18 Pa.C.S. §3126 0 (relating to indecent assault) • 18 Pa.C.S. §3127 0 (relating to indecent exposure) O 18 Pa.C.S. §3129 0 0 (relating to sexual intercourse with animal) • 18 Pa.C.S. §3130 0 0 (relating to conduct relating to sex offenders) • 18 Pa.C.S. §3301 0 0 (relating to arson and related offenses) O 18 Pa.C.S. §4302 (relating to incest) O 18 Pa.C.S. §4303 0 0 (relating to concealing death of child) O 18 Pa.C.S. §4304 0 (relating to endangering welfare of children) O 18 Pa.C.S. §4305 0 0 (relating to dealing in infant children) O 18 Pa.C.S. §5902(b) 0 0 (relating to prostitution and related offenses) 0 18 Pa.C.S. §5903(c) or 0 ❑ (d) (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 0 0 (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) 0 23 Pa.C.S. § 6114 ❑ 0 (relating to contempt for violation of protection order or agreement) O Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: • .i Check all that apply Self Other household member ❑ A finding of abuse by a Children & Youth ❑ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: Date 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false state ents herein are made subject to the penalties of 18 Pa.C.S. §4904 relati : % sw•, falsification to authorities. ,tri Slut: Printed Name GLEN W. ELLIOT iN THE COURT OF COMMON PLEAS OF PLAINTIFF V. MELISSA GATES DEFENDANT . CUMBERLAND COUNTY, PENNSYLVANIA 2005-3706 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 19, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, June 09, 2014 10:00 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. r 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 I-IELP. c w*ES �` I Cumberland County Bar Association -t7 -- L" _� w 'F S ' (.,31 LC rn . f 1 Fri ., rn - 32 South Bedford Street ,j --.r - r - `, � , Carlisle, Pennsylvania 17013 -"y �— cD 1 Telephone (717). 249-3166 r-- c' -4 C. /I :, GLEN W. ELLIOT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law • rra •,^. : No. 2005- 3706 Civil Term fn. MELISSA GATES, cn Defendant : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Glen Elliot, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) O 18 Pa.C.S. §2706 0 0 (relating to terroristic threats) 0 18 Pa.C.S. §2709.1 0 (relating to stalking) • 18 Pa.C.S. §2901 (relating to kidnapping) O 18 Pa.C.S. §2902 (relating to unlawful restraint) • 18 Pa.C.S. §2903 (relating to false imprisonment) • 18 Pa.C.S. §2910 LI 0 (relating to luring a child into a motor vehicle or structure) • 18 Pa.C.S. §3121 (relating to rape) O 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) O 18 Pa.C.S. §3123 0 0 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. §3124.1 (relating to sexual assault) • 18 Pa.C.S. §3125 EJ 0 (relating to aggravated indecent assault) • 18 Pa.C.S. §3126 (relating to indecent assault) • 18 Pa.C.S. §3127 (relating to indecent exposure) O 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) • 18 Pa.C.S. §3130 0 0 (relating to conduct relating to sex offenders) O 18 Pa.C.S. §3301 0 0 (relating to arson and related offenses) O 18 Pa.C.S. §4302 LJ LJ (relating to incest) • 18 Pa.C.S. §4303 0 0 (relating to concealing death of child) • 18 Pa.C.S. §4304 0 0 (relating to endangering welfare of children) • 18 Pa.C.S. §4305 0 (relating to dealing in infant children) O 18 Pa.C.S. §5902(b) 0 0 (relating to prostitution and related offenses) O 18 Pa.C.S. §5903(c) or 0 ❑ (d) (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. §6301 ❑ 0 (relating to corruption of minors) O 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ 0 (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. § 6114 0 0 (relating to contempt for violation of protection order or agreement) O Driving under the ❑ 0 influence of drugs or alcohol O Manufacture, sale, 0 ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply member ❑ A finding of abuse by a Children & Youth ❑ ❑ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction 0 Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: Date 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statem-l` is her made subject to the penalties of 18 Pa.C.S. §4904 relating to to authorities. nature 6/ev, c://„...../.4'',) Printed Name GLEN W. ELLIOT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • vs. 2005-3706 CIVIL,ACTION LAW MELISSA GATES - Defendant IN CUSTODY nod C_ Nr ro rc_ ORDER OF COURT AND NOW, this "X C day of 'Sti.,,._ , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Orders of this Court dated September 25, 2007 and September 14, 2010 shall continue in effect as modified by this Order. 2. As part of their responsibilities in sharing legal custody of the Child,the parties shall notify each other in advance of any ceremonial events or special recognition involving the Child in her religious training or upbringing and also in any other aspect of the Child's development such as school or other activities. This obligation includes the notification requirement in the event any participation in ongoing religious training/upbringing is proposed to be terminated. In the event either party takes the Child to the hospital for medical treatment,that parent shall notify the other parent promptly upon having the opportunity to make a telephone call from the hospital. The parties shall cooperate in communicating and sharing details regarding the Child's physical, emotional and academic development with each other to maximize both parents' involvement in the Child's life and to promote the Child's emotional wellbeing. 3. The parties shall ensure that their written communications through text message and email are specific, civil and cooperative in an effort to improve the effectiveness of their communications and co-parenting. 4. Each party shall send an email every Sunday advising the other parent of all significant events or developments regarding the Child occurring during the prior week and any significant developments or events expected to take place in the following week. 5. The parties shall use the Child's full hyphenated last name on all school, medical or church documents and any other paperwork regarding the Child. The Father shall ensure that the Child's name is corrected on any outstanding documents or records in which her full hyphenated last name is not used. 6. The parties shall cooperate in working together to coordinate the Child's medical, dental and vision insurance benefits. 7. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY 'HIE COURT, A fc. Kevin . Hess J. cc: /Michael J. Wharc Esquire—Counsel for Mother Glen W. Elliot—Father Co I es fC Lei&Sfrry GLEN W. ELLIOT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • vs. 2005-3706 CIVIL ACTION LAW • MELISSA GATES Defendant IN CUSTODY Prior Judge:Kevin A, Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.34,the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Isabella(Bella") Shaner-Elliot 2005 Mother/Father 2. A custody conciliation conference was held on June 20,2014, with the following individuals in attendance: the Mother, Melissa Gates, with her counsel, Michael J. Whore Esquire, and the Father, Glen W. Elliot, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. June otos. ntar Date Dawn S. Sunday, Esquire Custody Conciliator