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HomeMy WebLinkAbout06-0494David N. Petit, Plaintiff V. Michelle E. Petit, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. Ulm - 7 ly elUt?? COMPLAINT FOR CUSTODY AND NOW comes the above-captioned Plaintiff, David N. Petit, by and through his attorney, Carol A. Redding, Esquire, and sets for the following Complaint For Custody: 1. The Plaintiff is David N. Petit, residing at 10193 Blue Jay Circle, Orrstown, Franklin County, Pennsylvania. 2. The Defendant is Michelle E. Petit, residing at 309 Oakville Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Jacob I. Petit 309 Oakville Road 7 years D.O.B. 5/19/98 Shippensburg, PA Jalena L. Petit 309 Oakville Road 13 years D.O.B. 7/8/92 Shippensburg, PA Annabella M. Petit 309 Oakville Road 12 years D.O.B. 6/14/93 Shippensburg, PA The children were not born out of wedlock. The children are presently in the custody of the Defendant, Michelle E. Petit, who resides at 309 Oakville Road, Shippensburg, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Michelle E. Petit 309 Oakville Road 10/12/05 Shippensburg, PA to present David N. Petit 309 Oakville Road 2003- Michelle E. Petit Shippensburg, PA 10/12/05 David N. Petit Michelle E. Petit 3842 Black Gap Road Chambersburg, PA 2001- 2003 The mother of the children is Michelle E. Petit, currently residing at 309 Oakville Road, Shippensburg, Cumberland County, Pennsylvania. She is married to the Plaintiff, David N. Petit. The father of the children is David N. Petit, currently residing at 10193 Blue Jay Circle, Orrstown, Franklin County, Pennsylvania. He is married to the Defendant, Michelle E. Petit. 4. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: Terry Etters Sara Harbaugh Jacob I. Petit** Jalena L. Petit** Annabella M. Petit** Significant Other Daughter of Terry Etters Son Daughter Daughter ** At times during Fathers periods of partial custody 5. The relationship of the Defendant to the children is that of natural mother. The Defendant currently reides with the following persons: Jacob I. Petit Jalena L. Petit Annabella M. Petit Son Daughter. Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know or a person not a party to the proceedings who have physical custody of the child or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The Plaintiff has participated in all of the care and upbringing of his children, including but not limited to their physical, emotional, educational, and psychological welfare, for example: i. Providing food, shelter, and clothing and financial stability ii. Providing transportation of the children to school iii. Taking the children to various sporting events iv. Taking the children to doctors/dentists/etc. appointments v. Father assists with the children's homework and other school projects vi. Father has accompanied the children on trips, vacations, has participated in educational activities, and has made himself available for the day to day lives of his children. vii. Father attended cub scout meetings with Jacob. viii.Father attended and transported all three children to activities such as soccer, field hockey and basketball. ix. Since separation, Father has contacted the children's schools for the purpose of following their progress and has attended scheduled parent/teacher conferences. b. The Plaintiff is the natural father of the children, has an interest in their welfare and upbringing, and wants to continue to develop his relationship with the children. C. On or about October 12, 2005, Mother and Father separated. Mother remained at the marital home while Father moved to a new residence. d. For approximately two months, or until December 12, 2005, all three minor children spent time with Father although said time was very restricted and at the Defendant's convenience. e. On or around November 25, 2005, the minor children, Anna and Jacob, related to Father that Mother explained to her that Father had been fired from his job as a result of "having sex" at work with his significant other, Terry. f. On or around November 25, 2005, the minor child, Anna, related to Father that Mother explained to her that Terry had broken up the family. g. On or around late November, 2005, the minor child, Jalena, discussed with her paternal grandmother, Eileen Petit, that Father was a "manwhore", that Father was fired from his job as a result of "having sex" at work with his significant other, Terry; that Father had sex with Terry in his truck. h. On or about December 12, 2005, Mother informed Father that the two minor children, Jalena and Anna, did not want to visit with him anymore and refused Father his scheduled time with the children. i. Although Father has requested that the two children, Jalena and Anna, talk to him about why they don't want to visit with him, Jalena and Anna have not provided Father with any reason; rather Mother continues to be the person informing Father that his two children do not want contact with him. j. Recently, when Father picked up Jacob from Mother's home, Mother threw an object at Father and struck him while the minor child, Jacob, was watching. k. The minor child, Jacob, continues to spend time with Father, although Mother continues to control when that time will be and how long it will last. 1. The minor child, Jacob, enjoys his time with his Father. M. The minor children, Anna and Jalena, enjoyed their time with their Father, until on or around December 12, 2005, when Father was told by Mother that the two children did not want to visit with their Father. n. On or about December 12, 2005, Mother and Father agreed to have a family conference to discuss, among other things, an appropriate custody schedule. o. During said family conference, and with all three minor children present, Mother told Father that lie disgusted her; that Father disgusted the children; that Father was "dead to her"; and that Father's significant other, Terry, was a "whore". p. After the time of the "family conference", the two oldest children, Jalena and Anna, have not visited with their Father. q. The Defendant believes and therefore avers that the Defendant intends to keep the two minor children, Anna and Jalena, from Father without regard to Plaintiffs custodial rights and without any schedule implemented to secure Plaintiff's custodial rights. r. Both parents' homes are appropriate for the care of the children. S. Father is employed Full-Time at Keller's Custom Cabinets, Monday thru Friday, 8:00 a.m. - 4:00 p.m. and is available to care for the children at any time, especially on a shared custody schedule. t. Mother is employed Full-Time at Wal-Mart, Monday thru Friday during the day. U. Mother and Father live approximately 15 minutes apart. V. The minor child, Jacob, attends Oak Flat Elementary School where he is in the second grade. W. The minor children, Anna and Jalena, attend Big Spring Middle School, where they are in the 7th and 8th grade respectively. schools. X. The children are doing well in their respective y. Father lives approximately 20 minutes from the children's schools. school. Z. The children ride the bus from Mothers home to aa. Father has recently learned that Mother has placed Jacob in counseling; however, Mother refuses to provide Father with any information regarding said counseling, the purpose for it, or the participation of Father in it. bb. The children love their father and need to have maximum contact with their father and his family in order to facilitate family ties. CC. The Plaintiff believes that the minor children should have shared time with their natural parents until a permanent agreement can be arrived at between the parties. dd. The Plaintiff can provide the children with a stable home and living environment during custody periods. ee. Despite Mother's refusal to allow Father reasonable times with the children, Father continues to ask for said time regularly. ee. Without the benefit of a court ordered custody schedule, Plaintiff believes that the Defendant :intends to proceed in a course of action that will limit his time with the children, which is not in their best interest and welfare. ff. For all the above reasons, shared custody with the parents is in the best interest and welfare of the children and it is proposed that the most effective schedule will be a week on/week off schedule. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to maintain the status quo which has existed since the children's birth and continues to this date by granting shared custody of the children to the Plaintiff and Defendant. Respectfully submitted, aa-),n-o a 4, ? 4 Carol A. Redding, Esquire Counsel for the Plaintiff David N. Petit REDDING LAW OFFICE 19 North Main Street Chambersburg, Pennsylvania 17201 717-267-1440 Attorney No: 82041 David N. Petit, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff PENNSYLVANIA CIVIL ACTION - LAW V. CUSTODY/VISITATION Michelle E. Petit, Defendant NO. CERTIFICATE OF SERVICE I, Carol A. Redding, Esquire, hereby certify that on January 24, 2006, I served a true and correct copy of the foregoing Complaint for Custody and Proposed Corresponding Orders, by first class mail, postage pre-paid, on Counsel for Defendant, to the following address: Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 W. Pomfret Street Carlisle, Pennsylvania 17013 Carol A. Redding, Esquire Counsel for Plaintiff David N. Petit VERIFICATION I verify that the statements set forth in the foregoing document 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: I ?3 l?56 Gam' " ? Dav etit Plaintiff W 7J ?? (C-D DAVID N. PETIT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE E. PETIT DEFENDANT 06-494 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, ___ Wednesday, February 01, 2006 - , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Coun Courthouse, Carlisle on Monday, February 27, 2006 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/ Lacquellne M. Verne 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 ,f2v -7 e : s J, .._ rV??;,,, ? 11 , _ DAVID N. PETIT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-494 CIVIL ACTION - LAW MICHELLE E. PETIT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ItA1 day of ? C\b vJ wr ? 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, David N. Petit and the Mother, Michelle E. Petit, shall have shared legal custody of Jacob I. Petit, born May 19, 1998, Jalena L. Petit, born July 8, 1992 and Annabella M. Petit, born June 14, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: A. Beginning Friday, March 3, 2006 alternating weekends from Friday at 6:00 p.m. to Monday morning when he shall be responsible to transport the children to school. B. All children every Tuesday from after school to 8:00 p.m. C. Jalena and Annabella every Wednesday from after school to 8:00 p.m. D. Jacob every Thursday from after school to 8:00 p.m. E. Such other times as the parties agree. 4. Transportation shall be shared such that the receiving party shall transport except for Mondays when Father will transport the children to school. 5. Mother's Day/Father's Day. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day both as times as agreed by the parties. 6. The parties shall cooperate with a Phase I custody evaluation performed by Georgi Anderson, provided the cost is not prohibitively expensive. Mother shall pay t y ?,, , _ "!,7 Sul ;;! ;; _"` ^'_ for the evaluation and Father agrees that the expense shall be considered in the divorce proceedings. 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. Another Conciliation Conference is scheduled for May 19, 2006 at 8:30 a.m. BY THE COURT, I cc: Carol A. Redding, Esquire, Counsel for Father ?-? U(c B Taylor P. Andrews, Esquire, Counsel for Mothe rv?cu ?C? .? t ? 1.?.-?I iq x] ? '?.. { v .. DAVID N. PETIT, Plaintiff V. MICHELLE E. PETIT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-494 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 Children who are the subiect of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob L Petit May 19, 1998 Mother Jalena L. Petit July 8, 1992 Mother Annabella M. Petit June 14, 1993 Mother 2. A Conciliation Conference was held in this matter on February 27, 2006, with the following in attendance: The Father, David N. Petit, with his counsel, Carol A. Redding, Esquire, and the Mother, Michelle E. Petit, with her counsel, Taylor P. Andrews, Esquire. The parties agreed to an Order in the form as attached. Date Acqu ne M. Verney, Esquire 1 Custody Conciliator RECEIVED MAY 22 2006j,,--V DAVID N. PETIT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-494 CIVIL ACTION - LAW MICHELLE E. PETIT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 1,4 * day of M ay 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated February 28, 2006 is hereby vacated. 2. The Father, David N. Petit and the Mother, Michelle E. Petit, shall have shared legal custody of Jacob I. Petit, born May 19, 1998, Jalena L. Petit, born July 8, 1992 and Annabella M. Petit, born June 14, 1993. Each parent shall have an equal right, • to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. JACOB I. PETIT and JALENA L. PETIT: A. Mother shall have primary physical custody of Jacob I. Petit and Jalena L. Petit. B. Father shall have periods of partial physical custody of Jacob and Jalena as follows: 1. Alternating weekends from Friday at 5:00 p.m. or after school to Sunday at 8:00 p.m. 2. Every week on Tuesday evening from 5:00 p.m. to 8:00 p.m. 3. Each summer, Father shall be entitled to exercise three non- consecutive weeks of summer vacation with notice to be provided to Mother of said weeks no later than May 15'h of each year. It is intended that Father's chosen weeks of vacation will include the minor child Annabella M. Petit. In the event of a conflict between chosen weeks of vacation, Father's choice shall take precedence in even numbered years and Mother's choice shall take precedence in odd numbered years. 3. ANNABELLA M. PETIT: A. Father shall have primary physical custody of Annabelle M. Petit. B. Mother shall have periods of partial physical custody of Annabella as follows: 1. Alternating weekends from Friday after school to Sunday at 8:00 P.M. 2. Each summer, Mother shall be entitled to exercise three non- consecutive weeks of summer vacation with notice to be provided to Father of said weeks no later than May 15th of each year. It is intended that Mother's choice of vacation will include the minor children Jacob and Jalena. In the event of a conflict between chosen weeks of vacation, Father's choice shall take precedence in even numbered years and Mother's choice shall take precedence in odd numbered years. 4. Transportation to effectuate periods of custody shall be shared such that the parent receiving custody shall be responsible for picking up the children. 5. All periods of physical custody shall be subject to the following pertaining to holidays and birthdays: A. Custody on the following holidays shall be on an alternating basis from 9:00 a.m. to 9:00 p.m. each day: New Year's Day [Mother in even numbered years/Father in odd numbered years], Memorial Day [Mother in even numbered years/Father in odd numbered years], July 4th [Mother in even numbered years/Father in odd numbered years], and Labor Day [Mother in even numbered years/Father in odd numbered years]. B. Father shall have custody on each Father's Day and Mother shall have custody on each Mother's Day. This shall be from 9:00 a.m. to 8:00 p.m. C. Mother shall have custody each Thanksgiving from 9:00 a.m. to 3:00 p.m. Father shall have custody each Thanksgiving from 3:00 p.m. to 8:00 p.m. D. Father shall have custody on December 23`d each year at 5:00 p.m. to December 20 at 11:00 p.m. Mother shall have custody on December 20 each year at 11:00 p.m. to Christmas Day at 8:00 p.m. E. Mother shall have custody each Easter Sunday from 9:00 a.m. to 3:00 p.m. Father shall have custody each Easter Sunday from 3:00 p.m. to 8:00 p.m. F. Father and Mother shall make such accommodations to existing custody schedules to insure that all three minor children are with each parent on that parent's birthday. The hours shall be from 5:00 p.m. to 8:00 p.m. 6. Telephone access to the children and parents shall be afforded to both parties and the children at all reasonable times but in no event later than 9:00 p.m. unless in the case of an emergency. 7. Mother and Father shall notify each other of doctors' appointments, both well child and sick child so that the out of custody parent has the opportunity to attend the appointment. Further, Mother and Father shall notify each other of any prescriptions, directions, and outcomes of any medical appointments sought in the absence of the other parent. 8. Mother and Father shall exchange all school information concerning the minor children, including but not limited to report cards, tests, homework assignments (both completed and due), pictures, activity notices, parent/teacher conference information, and any other information which would be helpful to each parent in insuring that the minor child is prepared in all respects for school. This transfer of information shall be effectuated at exchanges of custody; however, additional information received by either parent at any other times should be promptly provided to the other parent. Each parent shall be entitled to have access to any and all school records of the minor children upon request and each parent shall be listed as an appropriate first contact by the minor children's school in the case of an emergency or other need. 9. In the event that an opportunity arises for the minor children to be enrolled in special activities from time to time, including but not limited to sports, and recreation, and that such activities require the child's attendance during either party's periods of custody, Mother and Father shall exchange information regarding the activities of the children at the time of custody exchanges. Mother and Father shall see that the children are transported to such activities during their periods of custody. In the event that Mother or Father cannot transport the children to said activities, then they shall notify the other parry so that appropriate arrangements can be made to insure the children's attendance. Mother and Father shall notify and collaborate in advance so that said activities can be coordinated with the least disruption in the children's and parent's schedules and so that both parents have the opportunity to attend said events. 10. Neither parent shall disparage or otherwise comment in a negative manner about the other parent in the presence of the children or in such a manner that the children are exposed to such comments. Mother and Father shall encourage the children to love and respect each parent. 11. A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 12. Notwithstanding the above scheduled periods of custody, Mother and Father may alter these periods of custody from time to time by agreement and taking into consideration the best interests of the minor children. 13. The effective date of this Order is May 1, 2006. 14. 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, M. L. Eberf, Jr., col A. Redding, Esquire, Counsel for Father 7lor P. Andrews, Es wire, Counsel for Mother 40P Viflq'dc,?,S111IPd3J ZO -6 WV SZ MW HE di?dl?fv ; (Yud "Hi ?O DAVID N. PETIT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-494 CIVIL ACTION - LAW MICHELLE E. PETIT, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob L Petit May 19, 1998 Mother Jalena L. Petit July 8, 1992 Mother Annabella M. Petit June 14, 1993 Mother 2. A Conciliation Conference was held in this matter on May 19, 2006, with the following in attendance: The Father, David N. Petit, with his counsel, Carol A. Redding, Esquire, and the Mother, Michelle E. Petit, with her counsel, Taylor P. Andrews, Esquire. 3. The Honorable M. L. Ebert, Jr. entered a prior Order of Court dated February 28, 2006, providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached, Date Acqu e M. Verney, Esquire Custody Conciliator David N. Petit, Plaintiff V. Michelle E. Petit, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006494 CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAWAL, APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter my withdrawal as counsel on behalf of the Plaintiff, David N. Petit, in the above captioned case. Dated: 1a, +n*v a_' 2009 By: Q. Carol A. Redding PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter my appearance of David N. Petit pro se, in the above captioned case. Dated: _.)!(- o`' , 2009 By: David N. tit J ?3 `i`! IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY David N. Petit, Plaintiff/Petitioner, V. Michelle E. Petit, (now Forbes), Defendant Civil Action - Law No. 2006-494 Custody/Visitation PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes, Plaintiff/Petitioner, David N. Petit by and through his counsel, M. Teri Hall Stiltner, Esquire and files a Petition for Modification of a Custody Order and in support thereof states: 1. Plaintiff/Petitioner, David N. Petit, (hereinafter referred to as "Father,") is an adult individual residing at 10193 Blue Jay Circle, Orrstown, Franklin County, Pennsylvania. 2. The Defendant/Respondent, Michelle E. Petit, now Forbes, (hereinafter referred to as "Mother,") is an adult individual residing at 309 Oakville Road, Shippensburg, Cumberland County, Pennsylvania. 3. Mother and Father are the parents of Jalena L. Petit, born July 8, 1992, Annabella M. Petit, born June 14, 1993, and Jacob I. Petit, born May 19, 1998. 4. The children are the subject of a custody order dated May 24, 2009 in which the parties share legal custody. Mother had primary physical custody of Jacob I. Petit and Jalena L. Petit with Fathering having partial physical custody, and Father having primary physical custody of Annabella M. Petit with Mother having partial physical custody of Annabella. (A copy of which is attached hereto and incorporated herein as Exhibit "A.") 5. Due to a significant change in circumstances, Father, requests that the prior Order of Court be modified to provide him with shared legal and primary physical custody of Jacob I Petit and Annabella M. Petit'. 6. The significant change is circumstances include the following: a. On or about December 21, 2009, Annabella contacted Father and told him that she and her brother, Jacob were coming to Father's house to live because the children did not ' Father does not wish to seek custody of Jalena L. Petit because the child has been residing with maternal grandparents since approximately October 2009. want to move to Towanda, Pennsylvania which is approximately three to four hours from Cumberland County. b. Father believes that Mother and step-father were moving because step-father could not find work in the Cumberland County area. The children were told on or about December 21, 2009, that they would be moving in approximately three weeks. d. Father believes that Mother and step-father are losing their home for failure to pay the mortgage and will be forced to vacate their current residence. e. When Father arrived at Mother's home that night the children were outside in a shed at Mother's home because the children were told that if they wanted to move with Father to get out of Mother's house. f. Jacob has attended the same school district since kindergarten. Annabella has been in the Big Spring school district since January 2009. g. Both Father's and Mother's extended family live within thirty to sixty minutes from Father's residence. h. Father has continued to foster a relationship between the children and their maternal grandparents, as Mother does not have a relationship with them at this time. i. Both children are active in extra-curricular activities in their schools and church communities. j. The children have a difficult relationship with their step-father, Jon Forbes. k. Step-father is often verbally abusive toward the children and the children have complained that step-father often argues with Mother making her upset while in the presence of the children. 1. The parties' youngest child, Jacob has been doing well in school and his grades have deteriorated this school year as compared to last school year. m. Jacob also has struggled with disciplinary issues in school and has repeatedly been sent to the guidance counselor. n. Father is gravely concerned about the children's emotional and psychological well being if Mother continues to exercise primary physical custody of the children and is permitted to relocate with the children to Towanda, Pennsylvania. 8. Plaintiff/Petitioner has participated as a party in other litigation concerning the children as stated in paragraph four (4) of this Petition for Modification of a Custody Order. 9. Plaintiff/Petitioner has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 10. Plaintiff/Petitioner does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff/Petitioner requests this Honorable Court to modify the present custody order to provide him with shared legal and primary physical custody of the children with Defendant/Respondent having partial physical custody as proposed. Respectfully Submitted: Date: By: M. Teri Hall Stiltner, Esquire Attorney I.D. No. 86337 The Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 (717) 262-9091 Fax: (717) 262-9095 Attorney for Plaintiff/Petitioner Verification I, Dave N. Petit, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn verification to authorities. Date: Dave N. Petit .V RECEIVED MAY 22.2006r DAVID N. PETIT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-494 CIVIL ACTION - LAW TRUE COW FROM RIECORD MICHELLE E. PETIT, In Testimony whereof, I here unto set my and the seal of said Court at CarIite, Fa. Defendant : IN CUSTODY This .... sRV .... day of.......... .r..-.• ORDER OF COURT `....,:?. Prothonotary AND NOW, this day of K o.-4 , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 28, 2006 is hereby vacated. 2. The Father, David N. Petit and the Mother, Michelle E. Petit, shall have shared legal custody of Jacob I. Petit, born May 19, 1998, Jalena L. Petit, born July 8, 1992 and Annabella M. Petit, born June 14, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. JACOB I. PETIT and JALENA L. PETIT: A. Mother shall have primary physical custody of Jacob I. Petit and Jalena L. Petit. B. Father shall have periods of partial physical custody of Jacob and Jalena as follows: I . Alternating weekends from Friday at 5:00 p.m. or after school to Sunday at 8:00 p.m. 2. Every week on Tuesday evening from 5:00 p.m. to 8:00 p.m. 3. Each summer, Father shall be entitled to exercise three non- consecutive weeks of summer-vacation with notice to be provided to Mother of said weeks no later than May 15'x' of each year. It is intended that Father's chosen weeks of vacation will include the minor child Annabella M. Petit. In the event of a conflict between chosen weeks of vacation, Father's choice shall take precedence in even numbered years and Mother's choice shall take precedence in odd numbered years. 3. ANNABELLA M. PETIT: A. Father shall have primary physical custody of Annabelle M. Petit. B. Mother shall have periods of partial physical custody of Annabella as follows: ?I 1. Alternating weekends from Friday after school to Sunday at 8:00 P.M. 2. Each summer, Mother shall be entitled to exercise three non- consecutive weeks of summer vacation with notice to be provided to Father of said weeks no later than May 15a` of each year. It is intended that Mother's choice of vacation will include the minor children Jacob and Jalena. In the event of a conflict between chosen weeks of vacation, Father's-choice shall take precedence in even numbered years and Mother's choice shall take precedence in odd numbered years. 4. Transportation to effectuate periods of custody shall be shared such that the parent receiving custody shall be responsible for picking up the children. 5. All periods of physical custody shall be subject to the following pertaining to holidays and birthdays: A. Custody on the following holidays shall be on an alternating basis from 9:00 a.m. to 9:00 p.m. each day: New Year's Day [Mother in even numbered years/Father in odd numbered years], Memorial Day [Mother in even numbered year&Tather in odd numbered years], July 4t' [Mother in even numbered years/Father in odd numbered years], and Labor Day [Mother in even numbered years/Father in odd numbered years]. B. Father shall have custody on each Father's Day and Mother shall have custody on each Mother's Day. This shall be from 9:00 am. to 8:00 p.m. C. Mother shall have custody each Thanksgiving from 9:00 am. to 3:00 p.m. Father shall have custody each Thanksgiving from 3:00 p.m. to 8:00 p.m. _ D. Father shall have custody on December 23`d each year at 5:00 p.m. to December 20 at 11:00 p.m. Mother shall have custody on December 24t` each year at 11:00 p.m. to Christmas Day at 8:00 p.m. E. Mother shall have custody each Easter Sunday from 9:00 am. to 3:00 p.m. Father shall have custody each Easter Sunday from 3:00 p.m. to 8:00 p.m. F. Father and Mother shall make such accommodations to existing custody schedules to insure that all three minor children are with each parent on that parent's birthday. The hours shall be from 5:00 p.m. to 8:00 p.m. 6. Telephone access to the children and parents shall be afforded to both parties and the children at all reasonable times but in no event later than 9:00 p.m. unless in the case of an emergency. 7. Mother and Father shall notify each other of doctors' appointments, both well child and sick child so that the out of custody parent has the opportunity to attend the appointment._ Further, Mother and Father shall notify each other of any prescriptions, directions, and outcomes of any medical appointments sought in the absence of the other parent. 8. Mother and Father shall exchange all school information concerning the minor children, including but not limited to report cards, tests, -homework assignments (both completed and due), pictures, activity notices, parent/teacher conference information, and any other information which would be helpful to each parent in insuring that the minor child is prepared in all respects for school. This transfer of information shall be effectuated at exchanges of custody; however, additional information received by either parent at any other times should be promptly provided to the other parent. Each parent shall be entitled to have access to any and all school records of the minor children upon request and each parent shall be listed as an appropriate first contact by the minor children's school in the case of an emergency or other need. 9. In the event that an opportunity arises for the minor children to be enrolled in special activities from time to time, including but not limited to sports, and recreation, and that such activities require the child's attendance during either party's periods of custody, Mother and Father shall exchange information regarding the activities of the children at the time of custody exchanges. Mother and Father shall see that the children are transported to such activities during their periods of custody. In the event that Mother or Father cannot transport the children to said activities, then they shall notify the other parry so that appropriate arrangements can be made to insure the children's attendance. Mother and Father shall notify and collaborate in advance so that said activities can be coordinated with the least disruption in the children's and parent's schedules and so that both parents have the opportunity to attend said events. 10. Neither parent shall disparage or otherwise comment in a negative manner about the other parent in the presence of the children or in such a manner that the children are exposed to such comments. Mother and Father shall encourage the children to love and respect each parent. 11. A waiver of any period of custody during any year shall not be construed as a waiver of any future period of custody. 12. Notwithstanding the above scheduled periods of custody, Mother and Father may alter these periods of custody from time to time by agreement and taking into consideration the best interests of the minor children. 13. The effective date of this Order is May 1, 2006.- 14. 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. c of A. Redding, Esquire, Counsel for Father ?lor P. Andrews, EsTuire, Counsel for Mother 1 4A6P "'%T mrm n e%lr T "l 'WI C 71) Z0 :g 6b sZ AN Soot DAVID N. PETIT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006494 CIVIL ACTION - LAW MICHELLE E. PETIT, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob I. Petit May 19, 1998 Mother Jalena L. Petit July 8, 1992 Mother Annabella M. Petit June 14, 1993 Mother 2. A Conciliation Conference was held in this matter on May 19, 2006, with the following in attendance: The Father, David N. Petit, with his counsel, Carol A. Redding, Esquire, and the Mother, Michelle E. Petit, with her counsel, Taylor P. Andrews, Esquire. 3. The Honorable M. L. Ebert, Jr. entered a prior Order of Court dated February 28, 2006, providing for shared legal custody with Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. S 2 Z. /I - Date cqu a M. Verney, Esquire Custody Conciliator ya,. TT E ti `Py 7CGq DEC 3 l [ f 410. 00 pD CO OU ot .As5j,4Cv DAVID N. PETIT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-494 CIVIL ACTION LAW MICHELLE E. PETIT IN CUSTODY DFFFNDANT ORDER OF COURT ,AND NOW, Friday, February 12, 2010 _ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 16, 2010 _ T at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ facqueline M. Verney, Esq. 7TH - 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 2010 FEB 16 °H 12: 01 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY David N. Petit, Plaintiff/Petitioner, V. Michelle E. Petit, Defendant/Respondent Civil Action - Law No. 2006-494 CustodyNisitation CUSTODY STIPULATION AND AGREEMENT n C- c N c? r cn THIS CUSTODY STIPULATION AND AGREEMENT is made by and between, Plaintiff/Petitioner, David N. Petit (hereinafter referred to as "Father'), an adult individual residing at 10193 Blue Jay Circle, Orrstown, Franklin County, Pennsylvania and Defendant/Respondent, Michelle E. Petit, now Forbes, (hereinafter referred to as "Mother,') is an adult individual residing at 309 Oakville Road, Shippensburg, Cumberland County, Pennsylvania. 1. Father and Mother are the natural parents of Jacob I. Petit, born May 19, 1998, Jalena L. Petit, born July 8, 1992, and Annabella M. Petit, born June 14, 1993. (hereinafter referred to as the "children.') 2. The parties have participated as parties in litigation concerning the custody of the children in this Court docketed to the above referenced number. 3. None of the parties has information of a custody proceeding concerning the children pending in a court of this Commonwealth other than the above captioned matter. 4. None of the parties knows of any person not a party to the proceedings who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 5. During the past 5 years the children have resided with the following persons and at the following addresses: Persons Annabella: Addresses Dates -t7 y . 1 Father 10193 Blue Jay Circle March 2006-January 2009 Terry Petit Orrstown, Pennsylvania Mother John Forbes Father Teary Petit Jalena: Mother Maternal Grandparents Jacob: Mother Jon Forbes Father Teary Petit Mother Jon Forbes 309 Oakville Road Shippensburg, Pennsylvania 10193 Blue Jay Circle Orrstown, Pennsylvania 309 Oakville Road Shippensburg, Pennsylvania P. O. Box 131 Fayetteville, Pennsylvania 309 Oakville Road Shippensburg, Pennsylvania 10193 Blue Jay Circle Oristown, Pennsylvania January 2009-December 2009 December 21, 2009-present March 2006-2009 October 2009- present 2005-May 2009 May 2009-September 2009 309 Oakville Road September 2009-December 21, 2009 Shippensburg, Pennsylvania Father 10193 Blue Jay Circle December 21, 2009-present Terry Petit Orrstown, Pennsylvania 6. The parties have reached an agreement with regard to the custody of their minor children and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed, hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: a. The Order of Court dated May 24, 2006 is hereby vacated. b. Plaintiff/Petitioner, David N. Petit, (hereinafter referred to as ":Father,") and Michelle E. Petit, Michelle E. Petit, (hereinafter referred to as "Mother,') shall share legal custody of Jacob I. Petit, born May 19, 1998, and Annabelia M. Petit, born June 14, 1993. (hereinafter referred to as the "children.') c. Father shall have primary physical custody of the children. d. Mother shall have partial physical custody of the children as follows: i. on alternating weekends from Friday at 5:00 p.m. or after school until Sunday at 8:00 p.m. ii. every Tuesday evening from 5:00 p.m. to 8:00 p.m. or another day during the week as agreed upon by the parties. e. Vacation: Mother shall have three (3) non-consecutive weeks of vacation time with the children during their summer school vacation each year. Mother shall provide Father with notice of her selection of vacation time by May 15'' each year. In the event of a conflict, Mother's choice shall take precedence in even years and Father's choice shall take precedence in odd years. f. Transportation: Transportation shall be shared by the parties such that the party beginning their period of custody shall be responsible for picking up the children. g. Holidays: The parties shall exercise custody of the children on the following holidays from 9:00 a.m. to 9:00 P.M. i. New Year's Day: Mother in even years; Father in odd years ii. Memorial Day: Mother in even years; Father in odd years iii. July 4`h: Mother in even years; Father in odd years; iv. Labor Day: Mother in even years; Father in odd years; h. The celebrating parent shall have custody of the children on Mother's Day and Father's Day from 9:00 a.m. to 8:00 p.m. i. Thanksgiving: i. Mother shall have custody of the children from 9:00 a.m. to 3:00 p.m. j. Father shall have custody of the children from 3:00 p.m. to 8:00 p.m. k. Christmas: i. Mother shall have custody of the children from December 23`d at 5:00 p.m. through December 24t` at 11:00 p.m. ii. Father shall have custody of the children from December 24`, at 11:00 p.m. through December 25th at 8:00 p.m. 1. Easter: i. Mother shall have custody of the children on Easter Sunday from 9:00 a.m. to 3:00 p.m. ii. Father shall have custody of the children on Easter Sunday from 3:00 p.m. to 8:00 p.m. m. Parent's Birthday: The celebrating parent shall have custody of the children from 5:00 p.m. to 8:00 p.m. n. The non-custodial parent shall have reasonable telephone contact with the children but in no event should the non-custodial parent contact a child after 9:00 p.m. unless there is an emergency. o. Mother and Father shall notify each other of all doctor's appointments so that the non- custodial parent has the opportunity to attend the appointment. Mother and Father shall advise the other parent of any and all medications, directions or outcomes of any medical appointment for the children. p. The parents shall exchange any and all school information concerning the minor children, including but not limited to report cards, tests, homework assignments, pictures, activity notices, parent/teacher conferences and other information which might-be helpful to each parent in insuring that the minor child is prepared in all aspects of school. This information should be exchanged at custody exchanges or promptly provided to the other parent upon receipt. Each parent shall be listed as an appropriate contact for the minor children at school in case of an emergency or any other need. q. The parents shall promptly provide information regarding any and all of the children's extra-curricular activities. Mother and Father shall transport the children to their activities during their period of custody. In the event that a custodial parent is unable to provide transportation for the children to attend their activities, they shall promptly notify the non-custodial parent so that alternative transportation arrangements can be made to ensure the children's attendance. r. Neither parent shall disparage or otherwise comment in a negative manner about the other parent in the presence of the children or in such manner. Mother and Father shall encourage the children to love and respect their parents. s. Mother and Father may alter these periods of custody from time to time by agreement of the parties. By the Court: The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below. Witness: „_,- Davi . Petit UL )4JI--qel / Michelle E. I, David N. Petit verify that the facts set forth in the above Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: --/0 David N. Petit I, Michelle E. Petit, verify that the facts set forth in the above Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: '---Michelle E FEB C b ZU1U DAVID N. PETIT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-494 CIVIL ACTION - LAW 0 • o MICHELLE E. PETIT, G Defendant : IN CUSTODY K T M rr z r- ? -n ORDER OF COURT -_, -23 L• M rV AND NOW, this 25ffi day of February, 2010, being advised that the pantie,4avec resolved all issues, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, A, cqu e M. Verney, Esquire, Custody Con ' or IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY David N. Petit, Civil Action - Law Plaintiff/Petitioner, V. No. 2006-494 Michelle E. Petit, Defendant/Respondent Custody/Visitation ORDER OF COURT AND NOW, this 2 day of N a41 t\^ , 2010, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. The Order of Court dated May 24, 2006 is hereby vacated. MAR Q 2 201(1 Z N 0 ]o. i to co w q rn 2. Plaintiff/Petitioner, David N. Petit, (hereinafter referred to as "Father,") and Michelle E. Petit, Michelle E. Petit, (hereinafter referred to as "Mother,') shall share legal custody of Jacob I. Petit, born May 19, 1998, and Annabella M. Petit, born June 14, 1993. (hereinafter referred to as the "children.') 3. Father shall have primary physical custody of the children. 4. Mother shall have partial physical custody of the children as follows: a. on alternating weekends from Friday at 5:00 p.m. or after school until Sunday at 8:00 p.m. b. every Tuesday evening from 5:00 p.m. to 8:00 p.m or another evening per week as mutually agreed upon by the parties. Vacation: Mother shall have three (3) non-consecutive weeks of vacation time with the children during their summer school vacation each year. Mother shall provide Father with notice of her selection of vacation time by May 15`h each year. In the event of a conflict, Mother's choice shall take precedence in even years and Father's choice shall take precedence in odd years. 6. Transportation: Transportation shall be shared by the parties such that the party beginning their period of custody shall be responsible for picking up the children. t 7. Holidays: a. The parties shall exercise custody of the children on the following holidays from 9:00 a.m. to 9:00 p.m. i. New Year's Day: Mother in even years; Father in odd years ii. Memorial Day: Mother in even years; Father in odd years iii. July 4 h: Mother in even years; Father in odd years; iv. Labor Day: Mother in even years; Father in odd years; b. The celebrating parent shall have custody of the children on Mother's Day and Father's Day from 9:00 a.m. to 8:00 p.m. c. Thanksgiving: i. Mother shall have custody of the children from 9:00 a.m. to 3:00 p.m. ii. Father shall have custody of the children from 3:00 p.m. to 8:00 p.m. d. Christmas: i. Mother shall have custody of the children from December 23`d at 5:00 p.m. through December 24`h at 11:00 p.m. ii. Father shall have custody of the children from December 241 at 11:00 p.m. through December 25th at 8:00 p.m. e. Easter: i. Mother shall have custody of the children on Easter Sunday from 9:00 a.m. to 3:00 p.m. ii. Father shall have custody of the children on Easter Sunday from 3:00 p.m. to 8:00 p.m. £ Parent's Birthday: The celebrating parent shall have custody of the children from 5:00 p.m. to 8:00 p.m. 8. The non-custodial parent shall have reasonable telephone contact with the children but in no event should the non-custodial parent contact a child after 9:00 p.m. unless there is an emergency. 9. Mother and Father shall notify each other of all doctor's appointments so that the non- custodial parent has the opportunity to attend the appointment. Mother and Father shall advise the other parent of any and all medications, directions or outcomes of any medical appointment for the children. 10. The parents shall exchange any and all school information concerning the minor children, including but not limited to report cards, tests, homework assignments, pictures, activity notices, parent/teacher conferences and other information which might be helpful to each parent in insuring that the minor child is prepared in all aspects of school. This information should be exchanged at custody exchanges or promptly provided to the other parent upon receipt. Each parent shall be listed as an appropriate contact for the minor children at school in case of an emergency or any other need. 11. The parents shall promptly provide information regarding any and all of the children's extra-curricular activities. Mother and Father shall transport the children to their activities during their period of custody. In the event that a custodial parent is unable to provide transportation for the children to attend their activities, they shall promptly notify the non-custodial parent so that alternative transportation arrangements can be made to ensure the children's attendance. 12. Neither parent shall disparage or otherwise comment in a negative manner about the other parent in the presence of the children or in such manner. Mother and Father shall encourage the children to love and respect their parents. 13. Mother and Father may alter these periods of custody from time to time by agreement of the parties. By the Court: J. co MIVLt Lac P 3?3 f iv DAVID N. PETIT, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA V. NO. 2006-494 MICHELLE E. PETIT, n/k/a MICHELLE E. FORBES CIVIL ACTION -LAW Defendant IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: tx? Mu r- PRAECIPE T O WITHDRAW APPEARANCE N -? r-, __j Please withdraw my appearance on behalf of the Defendant, Michelle E. Forbes, in bow or n captioned matter. V Respectfully submitted, ? Z DATE Taylor . ndrews, Esquire Andrews & Johnson 78 West Pomfrct Street Carlisle, PA 17013 l 6v Attorney ID# PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Michelle E. Forbes, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAris, L.L.P. DATE 2 + I i C) X111; Michelle L. Sommer, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 93034 0, f DAVID N. PETIT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUN'T'Y, PENNSYLVANIA v. 2006-494 CIVIL ACTION LAW MICHELLE E. PETTIT, N/K/A MICHELLE E. FORBES IN CUSTODY Df;FENDAN"(. ORDER OF COURT AND NOW, Friday, September 03, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 30, 2010 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide Prounds 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 hearinP. FOR THE COURT, By: /sl q ehne M. VC ey,Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites /pct 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. G umberland County Bar Association 7 32 South Bedford Street ? t ?''n Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ., OM & &U ULAKIS Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 FILED-OFFICE OF THE FEOTI `ONOTAR'Y 2010 OCT 12 PM 3:32' rUMBERLAND COUNTY PENNSYLVANIA DAVID N. PETIT, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PA V. NO. 2006-494 MICHELLE E. PETIT, n/k/a, CIVIL ACTION - LAW MICHELLE E. FORBES, IN CUSTODY/ VISITATION Defendant/Petitioner TO THE PROTHONOTARY OF SAID COURT: AND NOW, comes the Petitioner, MICHELLE E. FORBES, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., respectfully requests to Withdraw her Petition for Contempt that was filed on August 27, 2010, and requests that Conciliation scheduled for October 14, 2010, before Conciliator Jacqueline M. Verney, Esquire, be cancelled and not rescheduled. Respectfully submitted, DATE i U la 110 ABOM & KumLAxrs, L.L.P. Michelle L. Somm , Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Defendant/Petitioner AND NOW, this 12`h day of October 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw the Petition Contempt, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: David N. Petit 10193 Blue Jay Circle Orrstown, Pennsylvania 17244 Pm Se Plaintiff/Respondent Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Custody Conciliator Respectfully submitted, ABOM & KUTULAKrs, L.L.P. DATE: OCTOBER 12, 2010 Michelle L. Son , Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Defendant/Petitioner OCT 14 'LULU DAVID N. PETIT, : IN THE COURT OF COMMON PLEAS OF PlaintifflRespondent :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.'2~6A~~94 CIVIL ACTION - L~W ° a ~ ~ . ~tvo6 -Ygy rn t~7 ma = MICHELLE E. PETIT, NiK/A ,~ ~ -+ r -v ~ MICHELLE E. FORBES, IN CUSTODY ~ :~ ~°~ Defendant/Petitioner : .~~ .,~ o o~ _ ~ + rv ORDER OF COURT - ~" ~ ~ ~ AND NOW, this 12~' day of October, 2010, being advised that the Petitioner has withdrawn her Petition for Civil Contempt, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~l - V acq line M. Verney, Esquire, Custody onciliator