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HomeMy WebLinkAbout05-5827BRENT NICKENNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. NO. 05- CIVIL TERM KACY M. BITNER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY Petitioner, Brent McKenney, by and through his counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the Father, resides at 55 Greenmont Drive, Enola, Cumberland County, PA, 17025. 2. The above Defendant, Kacy M. Bitner, currently resides at 406 Fourth Street, Summerdale, PA 17093. Father and Defendant are the natural parents of Caleb born April 6, 2005. 3. Father and Defendant were never married. 4. The child has lived with the parties at the following addresses for the time specified: From his birth until the present, the child has lived with the Defendant and her parents at the above referenced address at 406 Fourth Street in Summerdale. 5. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant did not tell Father when Caleb was bom; b. The Defendant has consistently acted to deny the Father visitation and partial custody of Caleb. c. The Defendant has repeatedly and frequently told the Father that he will never see Caleb; d. The Defendant refuses to provide Father with information as to whether the child is receiving the care that is necessary and appropriate for him; e. Father has tried to talk to Defendant by telephone but she will not give him information about the child's health, education or welfare nor will she give him any information about her future plans with respect to custody; f Defendant's precarious health and need for frequent and ongoing medical attention require her to be separated from Caleb frequently at times when Father could provide for his care; 6. Father is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The Father is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Father's lives with his extended family and his relatives and parents are interested in caring for and nurturing Caleb; c. Father can best facilitate and maintain any contact between the child and the Defendant. 7. Father requests that the Court grant primary physical and legal custody of the child to him and grant the defendant periods of partial custody and visitation with the child. WHEREFORE, Petitioner respectfully requests the following: a. Father be granted primary custody; b. Defendant be granted periods of partial custody and visitation; c. Any other relief this court deems just and proper. y submitted, Grla, cA E. D'Alo Att ey for Plaintiff/ Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 BRENT NICKENNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA 5'e.2 7 vs. NO. 05- CrviLTERM KACY M. BITNER, Defendant IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace D'Alo, do hereby swear that I served Kacy Bitner with a Complaint in Custody on November 8, 2005, by certified mail, return receipt, restricted delivery, to the person and address below: Kacy Bitner 406 Fourth Street Suumerdale, PA 30045 I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: S BRENT MCKENNEY, : IN THE COURT OF CONS.MON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA 5 Eo1 7 vs. No. 05- CIviL TERM KACY M. BITNER, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Brent McKenney, Plaintiff, to proceed in forma ap uperis. I, Grace E. D'Alo, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. G48 D'Alo Jes ca Diamondstone Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Brent Allen MCKenney, verifies that the statements made in the attached Petition for special Relief are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 08-06 ?w C?- Brent Allen McKenney C'> c i C.? !,' ^ ? -n n'r 1 '. u? J ?? '.-'?:.; ?J _, ' ' ? ?rri y C? _E BRENT MCKENNEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KACY M. BITNER DEF1NDANT 05-5827 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 15, 2005 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 29, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedulec 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 0 l ?0 !H L i Y,C!s? ?u'1' 1 sot ! rr ?Llll SO-L.i 11 ,f. Av?C???• ;?i rli n; __. i.{ I:' Z :UUo M7 BRENT MCKENNEY, Plaintiff VS. KACY M. BITNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5827 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this '), 3 c a day of January, 2006, upon consideration of the attached Custody Conciliation Report, the following temporary Custody Order is entered: 1. The Father, Brent McKenney, and the Mother, Kacy M. Bitner, shall enjoy shared legal custody of Caleb M. Bitner, born April 6, 2005. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy primary physical custody of the minor child as follows: A. Every Sunday from noon until 9:00 p.m. B. At such other times as agreed upon by the parties. 4. Father shall be present with the minor child during the times he has visitation with the child. 5. The Conciliator will conduct a telephone conference call with legal counsel for the parties on Thursday, February 9, 2006 at 8:00 a.m. The purpose of this call shall be to update the custody situation and determine if a modification of the Order is necessary. It is anticipated that Father's periods of time will be expanded to possibly include an overnight if things are going well and there are no problems with Father's periods of custody. It is further noted that the Court will schedule a formal hearing in this case if the parties are unable to reach an agreement on the entry of a permanent Order. BY THE COURT: cc: ,-Jessica Hoist, Esquire vdoanne Clough, Esquirf _ N1 1 udge \ r? G r ,. ? _,;i BRENT MCKENNEY, Plaintiff VS. KACY M. BITNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5827 CIVIL ACTION - LAW : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Caleb M. Bitner, born April 6, 2005 2. A Conciliation Conference was held on December 29, 2005, with the following individuals in attendance: The Mother, Kacy M. Bitner, with her counsel, Joanne Clough, Esquire The Father, Brent McKenney, with his counsel, Jessica Hoist, Esquire 3. Upon the recommendation of the Conciliator, the parties are willing to agree to a temporary Order in the form as attached. Date: /-31- d (o Hubert X. Gilro , Esquire Custody Con ' ator BRENT MCKENNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5827 CIVIL ACTION - LAW KACY M. BITNER, IN CUSTODY Defendant COURT ORDER AND NOW, this a01 day of M ur t. , 2006, upon consideration of the attached Custody Conciliation Report, this Court's prior Order of January 23, 2006 shall remain in effect subject to the following modifications: 1. Father shall also enjoy custody with the minor child on every Monday from 8:00 a.m. when Mother shall drop the child off at Father's home until 5:15 p.m. when Father shall drop the child off at Mother's home. 2. Legal counsel for the parties shall conduct another telephone conference with the Custody Conciliator on Wednesday, March 22, 2006 at 2:00 p.m. At that time and assuming there are no additional issues in this case, it is anticipated that the above Order will be expanded to allow Father to have overnight custody with the minor child. BY THE COURT, ry Cc: ;race E. D'Alo, Esquire , ,Aoanne Clough, Esquire V M. L. Ebert, Jr., Judge W ,o rln V? . „_. . BRENT MCKENNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5827 CIVIL ACTION - LAW KACY M. BITNER, IN CUSTODY Defendant Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Caleb M. Bitner, born April 6, 2005 2. A Conciliation Conference was held on February 24, 2006 with the following individuals in attendance: The Mother, Kacy M. Bitner, with her counsel, Joanne Clough, Esquire The Father, Brent McKenney, with his counsel, Grace D'Alo, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date,Fel r ry 2006 ubert X. roy, Esquire Custody C nciliator .I APR 1 9 1006 BRENT MCKENNEY, IN THE COURT OF COMMOI'?-PLE-A()F - Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5827 CIVIL ACTION - LAW KACY M. BITNER, IN CUSTODY Defendant COURT ORDER AND NOW, this X214 W, day of April, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the 3 fl day of d , 2006, at ` ' 3 ?. in. At this hearing the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with this Court and the opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be tiled at least rive days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: a. The Father, Brent McKenney, and the Mother, Kacy M. Bitner, shall enjoy shared legal custody of Caleb M. Bitner, born April 6, 2005. b. The Mother shall enjoy primary physical custody of the minor child. c. The Father shall enjoy periods of temporary custody of the minor child from every Sunday at 8:00 a.m. through Monday at 5:15 p.m. BY THE COURT, M. L. Ebert, Jr. Judge Cc: ,race E. D'Alo, Esquire $,40anne Clough, Esquire (1 BRENT MCKENNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5827 CIVIL ACTION - LAW KACY M. BITNER, : IN CUSTODY Defendant Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Caleb M. Bitner, born April 6, 2005 2. A conciliation conference was held on April 12, 2006 with the Conciliator speaking with legal counsel for the parties on the telephone. This is about the third or fourth telephone conference relative to this case and there has been some expansion on Father's time pursuant to the prior conferences. However, the Father is seeking more time with the child than the Mother is willing to agree to at this point. Mother suggests there are problems in the Father's home and other reasons why the Father should not have more time. Father suggests that his visitation has been going well and he is seeking custody of the child from every Saturday through Tuesday of each week. Mother is merely offering custody overnight from Sunday through Monday. 3. A hearing is required. The hearing in this case should take at least one day. The Conciliator recommends an Order in the form as attached. Date: April 1 0 2006 Hubert X. G" oy, Esquire Custody nciliator BRENT MCKENNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA vs. No. 05- CIVIL TERM KACY M. BITNER, Defendant IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Brent McKenney, pursuant to Rule 1.16(b)(5) and (6) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following: 1. On November 7, 2005, MidPenn Legal Services agreed to represent the Plaintiff, Brent McKenney, and filed the above-captioned action in custody on his behalf. 2. The retainer agreement signed by both the MidPenn Legal Services attorney and the Defendant sets forth the limitations of MidPenn's representation. Paragraph five (7) of the retainer agreement states in part: MPLS can stop representing me for a good reason. Some good reasons for MPLS to stop representing me might be if I don't cooperate with the person handling my case, including refusing to accept a reasonable offer of settlement in my case; if I don't tell MPLS about changes in my address, phone number or income. 3. There have been five custody conciliations or conciliation conferences held in the above captioned matter since November, 2005. 4. Although originally determined to be financially eligible for representation by MidPenn Legal Services, it has since been determined that this is no longer the case. 5. Plaintiff has refused to accept reasonable offers of settlement. WHEREFORE, MidPenn Legal Services requests the Court to grant its Petition For Leave to Withdraw and sign the attached order or issue the attached Rule To Show Cause. Respectfully Submitted, E. D'Alo dPenn Legal Services 4 1 E. Louther St. Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date. Z(DO4 ( ?-? ? ('?- C, A Q-6 ce E. D'Alo, Esquire BRENT MCKENNEY, : IN THE COURT OF COMMON PLEAS OF vs. KACY M. BITNER, Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA No. 05- CIVIL TERM Defendant IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace E. D'Alo, do hereby swear that I served Brent McKenney with a Petition for Leave to Withdraw on ,v?t(o . Eby certified mail, return receipt, restricted delivery, to the person and address below: Brent McKenney 56 Greenmont Drive Enola, PA 17025 I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date:OCK-0-e- kLo ? (p Signatur a.' BRENT MCKENNEY, Plaintiff VS. KACY M. BITNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 05- CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Grace E. D'Alo, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition for Leave to Withdraw on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Joanne Harrison Clough, PC 24 N. 32nd Street Camp Hill, PA 17011 MidPenn Legal Services, Inc. Date: qckm I- u?,/, Z DRO T a &e E. D'Alo, Esquire 1 Louther Street Isle, PA 17013 GQC, BRENT MCKENNEY, Plaintiff vs. KACY M. BITNER, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 05- CIVIL TERM IN CUSTODY ORDER day of June, 2006, upon consideration of MidPenn Legal Services' Petition for Leave to Withdraw, such relief is hereby GRANTED. By the Court: M.L. Ebert, Jr., Judge Distribution: Grace E. D'Alo MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Joanne Harrison Clough, PC 24 N. 32°d Street Camp Hill, PA 17011 Brent McKenney 56 Greenmont Drive Enola, PA 17025 ra zs ri i Ct ? ?- 5 , FROM :JOANNE HARRISON CLO",P.C. BRENT MCKENNEY, Plaintiff V. KACY M. BITNER, Defendant FAX NO. :7177375892 Jun. 22 2006 11:01AM P2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 08.6827 : CIVIL ACTION -LAW : IN CUSTODY AND NOW, this - day of J u na- 2008, Plaintiff, Brent McKenney, (hereinafter referred to as "Father'), and Defendant, Kacy Sitner, (hereinafter referred to as "Mother"), having reached an agreement regarding custody and the beat interests and welfare of their minor child, the terms of which are set forth herein, it is hereby ORDERED and DECREED as follows: 1. The Mother, KACY BITNER and the Father, BRENT MCKENNEY shall have shared legal custody of CALEB M. BITNER, bom April S. 2005. The parties agree that all major decisions concerning their Child, including, but necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following harmonious policy in the Child's best interest. Each party agrees not to attempt to alienate the affections of the Chid from the other party. Each party shall notify the other of any activity or circumstance concerning their 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. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Child. With regard to any emergency Page 1 of 5 FROM I. JCAW E HRRR I SON CLU", P. C. FAX NO. :7177375892 Jun. 22 2006 11:17AM P2 decisions which must be made, the parent then 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 parent 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, ocher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute 2. Mother, Kaci Bitner shall have primary physical custody of the minor child Caleb M. Bltner. Father Brent McKenney shall have the right to partial physical custody of the minor child in accordance with the following schedule, A. Father shall have physical custody two days per calendar week commencing on Tuesdays at 9:00 a.m. until Thursday afternoons at which time father shall deliver the child to Mother on his way to work, the specific exchange details shall be agreed upon by the parties, but m any event the child shall be returned to Mother by 8:00 p.m. on Thursdays. in the event that Father's work schedule changes so that he is scheduled to work on Tuesdays or Wednesdays, the parties agree to work together to try to modify the custody schedule so that Father can hove a similar physical custody schedule that does not conflict with his work schedule. B. In addition to the above schedule, Father shall also have physical custody of the minor child every other Thursday afternoon through Friday at 2:00 p.m. commencing on Friday June 30th, 2006. C. Mother shall have majority physical custody of the Child at the times the Father Is not enjoying custody as sat forth In subparagraph A and B above. Page 2 of 5 FROM :JOANNE HARRISON CLOLK;H,P.C. FAX NO. :7177375892 Jun. 22 2006 11:01AM P4 0. The parties shall share physical custody of the Child on the holidays of July e, Labor Day, Thanksgiving, Easter, and Memorial Day with a morning segment for each holiday to be from 9:00 a.m. to 3:00 p.m. and the aftemoon segment of said holiday to run from 3:00 p.m. to 9:00 p.m, the segments to be agreed by the parties Mother shall always have custody of the child on Mother's Day from 9:00 a.m. to 8:00 p.m. and Father shall always have custody of the child on Father's Day from 9:00 a.m. to 8:00 p.m. The Christmas Holiday shall be divided in to two segments. Segment A shall run from 3:00 p.m. on December 24th to 3:00 p.m. on December 26* and Segment a shall run from 3:00 p.m. on December 25th to 3:00 p.m. on December 28th commencing with Father having segment A in 2008 and all even numbered calendar years thereafter. E. Each party shall be entitled to have physical custody of the Child for two non-consecutive weeks for vacation each year upon providing 30 days advance written notice to the other party by latter or email. The party providing notice shall be entitled to preference on his or hat selection of vacation dates. Neither party shall schedule periods of physical custody under this provision during the other party's holiday periods of physical custody unless otherwise agreed baiween the parties in writing. Vacation time under this provision may not be accumulated or rolled over Into a subsequent year unless otherwise agreed to between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the Child can be contacted in the event of an emergency during vacation periods. The Child should not miss any school time for vacation unless agreed to in writing between the parties. 3. Neither party shall do or say anything which may estrange the Child iron 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 Page 3 of 6 FROM JOANNE HARRISTN CLU".P.C. FAX NO. :7177375892 Jun. 22 2906 11:02HM P5 parties shall ensure that third parties having contact with the Child shall comply with this provision. 4. The parent with physical custody during any given period of time, shall communicate In a prompt fashion with the other parent concerning the wen being of their chill, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 5. Neither parent will schedule events directly with the child for periods when they are to be in the other parent's cars, without the prior consent of the other parent. 6. The parties shell be provided reasonable, phone access (when the child is old enough to meaningfully participate in telephone contact) with the child while they are in the care of the other parent The partes shall ensure that the child have privacy during phone conversations with the either parent. 7. Neither parent shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or It the relocation will be to a location in excess of fifty (50 ) miles from the other party's then current address without (a) such parent first giving prior written notice to the other parent not less then obcty (60) days prior to the planned relocation, and (b) either written consent to the other parent to such relocation or further order of this Court. In the event of any intended relorastion, either parent may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody the Prothonotary. S. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the present of the child and, to the extent possible, shall not permit third parties to make such comments in the Page 4 of 5 FROM .JOANNE HAW ISON Ct.000H, P. C. FAiX NO. :7177375892 Jun. 22 2006 11: 02FM P6 presence of the child whether the child are sleeping or awake. Each party shall speak respectfully, of the other whether it is believed that other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Man, Dad, your grandfather, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an Intermediary. Each party should encourage their child to send the appropriate holiday cards to the other parent. 9. Mother and Father are both committed to the care of their child and agree to cooperate in ensuring the child spends time with both parents. Father and Mother agree to encourage the relationship of the child with the other parent IN WITNESS WHEREOF, the parties have set their hands and seals this _ day of 2006. Katy Bitn , n Kenney Charles Petrie, Esquire 24 North 32nd Street Camp Hill, PA 17011 Page 6 of 6 BY THE COURT, ul 141! Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy _ o j I.D. No. 77950 Attorneys for Defendant,--' I 301 Market Street -T' P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 c? BRENT MCKENNEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff NO. 05-5827 V. KACY M. BITNER, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Petition of Kacy M. Bitner respectfully represents that on June 29, 2006, an Order of Court for the custody of CALEB M. BITNER, age 4, born April 6, 2005, was entered, a true and correct copy of which is attached. 2. The Order should be modified because: A. FATHER recently moved from the paternal grandmother's home to another address in Carlisle, without telling MOTHER. Caleb is required to sleep on the floor in this home. B. MOTHER would like to change the partial custody schedule as the result of changes to the FATHER'S days off and his work schedule. Currently FATHER is employed working on days when he had been exercising partial custody but he refuses to change the schedule. C. The parties have not been able to agree on a revised schedule of partial custody. k?o. oo P6 Arrfy e(G1 _:3nct 5 0-74,a&.650 D. FATHER has been content to allow his mother to exercise his custodial time rather than change the days of his custodial time to times when he is actually available to parent the child. E. The FATHER and/or paternal grandmother recently allowed the child to stay overnight in a home where MOTHER believes, and therefore avers, that the child was exposed to an unreasonably dangerous situation about which they knew far in advance. F. MOTHER'S counsel has been informed that FATHER'S previous counsel does not represent him presently in this matter. Accordingly, an opportunity to resolve this matter with the assistance of counsel was not available. 3. This matter was previously assigned to Judge Ebert. The conciliator previously assigned to this matter was Hubert Gilroy. WHEREFORE, MOTHER requests that a custody conciliation be scheduled in the immediate future to address the above concerns and to address the above concerns. Date: r lq ' 388032 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B' elissa Peel Greevy VERIFICATION I, KACY M. BITNER, do verify that the statements made in the foregoing Petition for Modification of Partial Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. KACY M. TNER Dated: I FROM :JOANNE HARRISON CLOUGH,P.C. BRENT MCKENNEY, Plaintiff V. KACY M. BITNER, Defendant FAX NO. :7177375892 Jun. 22 2006 11:01RM P2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c NO. 05-5827 : CIVIL ACTION -LAW : IN CUSTODY CUSTODY AGREEMENT AND ORDER AND NOW, this day of J _U w? , 2008, Plaintiff, Brent McKenney, (hereinafter referred to as "Father°), and Defendant, Kacy Bitner, (hereinafter referred to as "Mother"), having reached an agreement regarding custody and the best interests and welfare of their minor child, the terms of which are set forth herein, it is hereby ORDERED and DECREED as follows: 1. The Mother, KACY BITNER and the Father, BRENT MCKENNEY shall have shared legal custody of CALEB M. BITNER, born April 8, 2005. The parties agree that all major decisions concerning their Child, including, but necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following harmonious policy in the Child's best interest. Each party agrees not to attempt to alienate the affections of the Chill from the other party. Each party. shall notify the other of any activity or circumstance concerning their 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. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Child. With regard to any emergency Page 1 of 5 FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jun. 22 2006 11:17AM P2 decisions which must be made, the parent then 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 parent 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 authorized by statute 2. Mother, Kaci Bitner shall have primary physical custody of the minor child Caleb M. Bitner. Father Brent McKenney shall have the right to partial physical custody of the minor child in accordance with the following schedule: A. Father shall have physical custody two days per calendar week commencing on Tuesdays at 9:00 a.m. until Thursday afternoons at which time father shall deliver the child to Mother on his way to work, the speck exchange details shall be agreed upon by the parties, but in any event the child shall be returned to Mother by 6:00 p.m. on Thursdays. In the event that Father's work schedule changes so that he is scheduled to work on Tuesdays or Wednesdays, the parties agree to work together to try to modify the custody schedule so that Father can have a similar physical custody schedule that does not conflict with his work schedule. B. In addition to the above schedule, Father shall also have physical custody of the minor child every other Thursday afternoon through Friday at 2:00 p.m. commencing on Friday June 30th, 2006. C. Mother shall have majority physical custody of the Child at the times the Father is not enjoying custody as set forth in subparagraph A and B above. Page 2 of 5 FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jun. 22 2006 11:01RM P4 D. ' The parties shall share physical custody of the Child on the holidays of July 4th, Labor Day, Thanksgiving, Easter, and Memorial Day with a morning segment for. each holiday to be from 9:00 a.m. to 3:00 p.m. and the afternoon segment of said holiday to run from 3:00 p.m. to 9:00 p.m, the segments to be agreed by the parties Mother shall always have custody of the child on Mother's Day from 9:00 a.m. to 8:00 p.m, and Father shall always have custody of the child on Father's Day from 9:00 a.m. to 8:00 p.m. The Christmas Holiday shall be divided in to two segments. Segment A shall run from 3:00 p.m. on December 24th to 3:00 p.m. on December 25th and Segment B shall run from 3:00 p.m. on December 25th to 3:00 p.m. on December 26th commencing with Father having segment A in 2006 and all even numbered calendar years thereafter. E. Each party shall be entitled to have physical custody of the Child for two non-consecutive weeks for vacation each year upon providing 30 days advance written notice to the other party by letter or email. The party providing notice shall be entitled to preference on his or her selection of vacation dates. Neither party shall, schedule periods of physical custody under this provision during the other party's holiday periods of physical custody unless otherwise agreed between the parties in writing. Vacation time under this provision may not be accumulated or rolled over into a subsequent year unless otherwise agreed to between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the Child can be contacted in the event of an emergency during vacation periods. The Child should not miss any school time for vacation unless agreed to in writing between the parties. 3. 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 Page 3 of 5 FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jun. 22 2006 11:02AM P5 parties shall ensure that third parties having contact with the Child shall comply with this provision. 4. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 5. Neither parent will schedule events directly with the child for periods when they are to be in the other parent's care, without the prior consent of the other parent. 6. The parties shall be provided reasonable phone access (when the child is old enough to meaningfully participate in telephone contact) with the child while they are in the care of the other parent. The parties shall ensure that the child have privacy during phone conversations with the either parent. 7. Neither parent- shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a location in excess of fifty (50 ) miles from, the other party's then current address without (a) such parent first giving prior written notice to the other parent not less than sixty (60) days prior to the planned relocation, and (b) either written consent to the other parent to such relocation or further order of this Court. In the event of any intended relocation, either parent may seek modification of the terms of this Custody Order by filing a Petition to Modify Custody the Prothonotary. a. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the present of the child and, to the extent possible, shall not permit third parties to make such comments in the Page 4 of 5 FROM :JOANNE HARRISON CLOUGH,P.C. FAX NO. :7177375892 Jun. 22 2006 11:02AN P6 presence of the child whether the child are sleeping or awake. Each party shall speak respectfully of the other whether it is believed that other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandfather, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. Each party should encourage their child to send the appropriate holiday cards to the other parent. 9. Mother and Father are both committed to the care of their child and agree to cooperate in ensuring the child spends time with both parents. Father and Mother agree to encourage the relationship of the child with the other parent. IN WITNESS WHEREOF, the parties have set their hands and seals this day of , 2006. f Kacy Bitn en Kenney Job Harrison Cloug 24 North 32nd Street Camp !-fill, PA 17011 ire Charles Petrie, Esquire BY THE COURT, TRUE PY FROM RECO? ?f)-mv y , I laws unt? _ s Sri 61 sad GN a! Cn'rsr`' dl?r rotf?orota fsl M.L. Ebert, Jr. Judge Page 5 of 5 BRENT MCKENNEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KACY M. BITNER DEFENDANT 2005-5827 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 22, 2010 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February, 19, 2010 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i r'e VII FEB 2 5 2010 BRENT MCKENNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS)?LVPgWIA !7 ?s t vs. CIVIL ACTION - LAW KACY M. BITNER, NO. 2005-5827 Defendant IN CUSTODY - COURT ORDER AND NOW, this day of February, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall submit themselves and the minor child and any other significant adults that are deemed appropriate by the evaluator for a custody evaluation. The evaluation shall be independent in nature and the evaluator shall share the results of the evaluation with legal counsel for both parties. The evaluator shall be selected by legal counsel for both parties with the cost of the evaluation shared between the parties. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement on a custody Order at that point, counsel for either party may contact the custody Conciliator directly to schedule another custody conciliation conference. 2. Pending further Order of this Court, this Court's prior Order of June 19, 2006, shall remain in place subject to the following modification: A. Father's periods of temporary custody with the minor child shall be from Saturday evening when Father is off work until Monday evening of each week when Father shall return the child approximately 6:00 p.m. when Mother is off work. BY THE COURT, -/ M. L. Ebert, Jr., Judge cc: arles Petrie, Esquire Melissa P. Greevy, Es ire t£s rnIt' a L• to L:rnj z BRENT MCKENNEY, Plaintiff vs. KACY M. BITNER, Defendant Prior Judge: The Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2005-5827 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Caleb M. Bitner, born April 6,'2005 2. A Conciliation Conference was held on February 19, 2010, with the following individuals in attendance: The father, Brent McKenney, with his counsel, Charles Petrie, Esquire, and the mother, Kacy M. Bitner, with her counsel, Melissa P. Greevy, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: Februa& -' 2010 Hubert X. Gilroy Esquire Custody Conci ator Y iL-SD-OFFICL F ) r PROTHONOTARY Johnson, Duffie, Stewart & Weidner 2911 FEB -7 PM 2: 08 By: Melissa Peel Greevy I.D. No. 77950 Attorneys for DefghlMRLAND COUNTY 301 Market Street PENNSYLVANIA P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BRENT MCKENNEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-5827 V. KACY M. BITNER, CIVIL ACTION - LAW Defendant IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 171013 (717) 249-3166 amk 0o Pd a f? G>Y?3slo o y Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BRENT MCKENNEY, Plaintiff V. KACY M. BITNER, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5827 CIVIL ACTION - LAW IN CUSTODY PETITION FOR FINDING OF CONTEMPT OF A CUSTODY ORDER AND NOW, this of 11, Petitioner, Kacy M. Bitner, by and through her attorneys Johnson, Duffie, Ste rt & Weidner files this Petition for Finding of Contempt and Petition for Modification of Partial Custody Order, and in support thereof avers as follows: 1. Petitioner filed a Petition for Modification of Custody Order on January 20, 2010. 2. A Custody Conciliation Conference was scheduled for February 19, 2010. 3. At the time of the Conciliation Conference with Mr. Gilroy, the Respondent verbally requested an equally shared custodial arrangement and asked for a Custody Evaluation. 4. Petitioner agreed to participate in the custody evaluation and an Order was entered by Judge Ebert on February 26, 2010 requiring the parties to submit themselves, the minor child, and any other significant adults deemed appropriate by the evaluator for the evaluation. A copy of the Order is attached hereto as Exhibit "A". 5. Petitioner completed the interviews and psychological testing for her portion of the custody evaluation. 6. Petitioner paid $2820.00 in fees for the custody evaluation. 7. Respondent paid $300.00 on April 19, 2010 toward the retainer of $2,500.00. A copy of correspondence from the evaluator's office is attached hereto as Exhibit "B". 8. In correspondence dated July 22, 2010, Petitioner was advised that Respondent had failed to complete his portion of the custody evaluation and owed $2520.00 to Riegler, Shienvold & Associates. 9. The evaluator has declined to continue scheduling appointments with the Respondent until his payment problem has been addressed. 10. The undersigned counsel attempted to contact Respondent's counsel by phone on or about October 28, 2010. 11. Petitioner's counsel wrote to Respondent's counsel on November 3, 2010 and November 5, 2010. See Exhibits "C" and "D" attached hereto. 12. Having no response to previous correspondence, the undersigned counsel again wrote to Respondent's counsel on December 3, 2010 regarding the evaluation. See Exhibit "E" attached hereto. 13. No response has been received to the December 3, 2010 letter. 14. As of January 25, 2011, Respondent has not paid what is due to Riegler, Shienvold & Associates. 15. Petitioner seeks a finding of contempt, as the Respondent, who was the party requesting the evaluation, has caused her to bear the expenses associated with the evaluation without complying with the Order for evaluation himself. 16. Respondent is in willful violation of this Court's Order of February 26, 2010 for failure to complete the evaluation and make payments for the services rendered by Riegler, Shienvold & Associates. 17. Respondent's behavior amounts to dilatory conduct which entitles Petitioner to counsel fees. WHEREFORE, Petitioner requests: A hearing be scheduled to address her Petition for Contempt, claim for counsel fees and reimbursement of expenses associated with the incomplete custody evaluation, or in the alternative, require the Respondent to complete the evaluation within forty-five days. Respectfully submitted, Date: !q-1&6a,,4AA4 OA V l JOHNSON, DUFFIE, STEWART & WEIDNER BMelissa eel Greevy :429026 VERIFICATION I, KACY M. BITNER, do verify that the statements made in the foregoing Petition for Finding of Contempt of a Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 0.1 KACY M. NER Dated: CERTIFICATE OF SERVICE AND NOW, this day o 2011, I, MELISSA PEEL GREEVY, ESQUIRE, of the law firm of Johnson, Duffie, t wart & Weidner certify that I have, this date, served a copy of the within Petition for Finding of Contempt of a Custody Order, postage prepaid, addressed to the attorney of record as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17?4--., ssa Peel Greevy BRENT MCKENNEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C'l C.7 V. 2005-5827 CIVIL ACTION LAW t MCC KACY M. BITNER IN CUSTODY -- DEFENDANT r_ -n, ORDER OF COURT AND NOW, Thursday, February 10, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 24, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _/s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association yQ/ 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 v BRENT MCKENNEY, IN THE COURT OF COMMON PLE49 O-V "'i Plaintiff CUMBERLAND COUNTY, PE VA Z I? rn- vs. CIVIL ACTION - LAW ?a C o© KACY M. BITNER, C7 NO. 2005-5827 ?'' ? _ --rQ ?-n Defendant =CD 4= IN CUSTODY co z cj rn --t .e- b COURT ORDER AND NOW, this 36 day of March, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The petition for contempt filed by the Plaintiff is stayed pending further order of this court. The mother may revive this petition in the future in the event a hearing is required on the underlying custody issue or otherwise, and mother may raise at that time all issues suggested in the current petition for contempt before the court. 2. The existing custody order of February 26, 2010, is modified as follows: A. During the school year, father shall have custody of the minor child from Friday evening at approximately 6:00 p.m. He shall return the child to the mother on Saturday morning after the child's dance class. Father shall then pick the child up again at the end of his work on Saturday and return the child to the mother on Sunday evening at 6:00 p.m. B. Once the child is out of school, father's periods of custody shall revert to the February 26, 2010 order which shall be each weekend from after work on Saturday through Monday evening at 6:00 p.m. Once the evaluation is concluded and in the event legal counsel for the parties determine that a hearing is necessary in this case, either counsel may contact the custody conciliator directly to set up either a telephone conference with the conciliator or a conciliation conference. BY THE COURT, M. L. Ebert, Jr., Judge cc: 'Charles Petrie, Esquire Melissa P. Greevy, Esquire o e* M 3?? BRENT MCKENNEY, Plaintiff vs. KACY M. BITNER, Defendant Prior Judge: The Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2005-5827 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Caleb M. Bitner, born April 6, 2005 2. A Conciliation Conference was held on March 24, 2011, with the following individuals in attendance: The father, Brent McKenney, with his counsel, Charles Petrie, Esquire, and the mother, Kacy M. Bitner, with her counsel, Melissa P. Greevy, Esquire. 3. Before the conciliator is a petition for contempt filed by the mother. :This petition involved a suggestion that father had not paid fees to complete a custody evaluation consistent with the prior order of court. Since the filing of the petition, the fees have been paid and the evaluation is moving forward. Based upon the conciliator's recommendation, the parties are in agreement to have the contempt petition held in abeyance pending a determination as to whether a hearing will be required once the evaluation is completed. Additionally, the parties reached an agreement at the conciliation conference with respect to a minor modification of the existing custody order pending completion of the evaluation. 4. The Conciliator recommends an Order in the form as attached. Date: March-1 ? , 2011 A-7 Hubert X. ilroy, Esquire Custody Conciliator