HomeMy WebLinkAbout02-1472RITA M. FUGETT,
Plaintiff
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: COMPLAINT IN DIVORCE
NOTICE
TO:
Stephen O. Fugett
926 Gobin Drive
Carlisle, PA 17013
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
COURT ADMINISTRATOR, FOURTH FLOOR
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013 -3387
(717) 240-6200
Document #: 230046.1
RITA M. FUGETT,
Plaintiff
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL ACTION - LAW
: COMPLAINT IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Rita M. Fugett, an adult individual residing at 11 Sfine Avenue,
Carlisle, Cumberland County, Pennsylvania 17013 since 2000.
2. The Defendant is Stephen O. Fugett, an adult individual residing at 926 Gobin
Drive, Carlisle, Cumberland County, Pennsylvania 17013 since March 2002.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 2, 1997 in Carlisle,
Cumberland County, Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Rights Act of the
Congress of 1940 and its amendments.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in counseling.
8. One child was bom of the marriage, Nina Marie Fugett (DOB 1/27/98).
Document #: 230046.1
10.
11.
Defenda_nt.
COUNT I
Divorce
The averments of paragraphs 1-8 hereof are incorporated herein by reference.
The marriage is irretrievably broken.
Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and
COUNT II
Equitable Distribution
12. The averments of paragraphs 1-11 hereof are incorporated herein by reference.
13. During the marriage the parties acquired marital property, assets, and debts which
Plaintiffrequests the Court equitably distribute and assign.
COUNT III
Support,'Alimony and Alimony Pendente Lite
14. The avemients of paragraphs 1-13 hereof are incorporated herein by reference.
15. Plaintiff requires reasonable support and/or alimony and/or alimony pendente lite to
adequately sustain herself within the standard of living established during the marriage and to
properly and adequately maintain the within action for divorce.
Document #: 230046.1
action.
16.
17.
COUNT IV
Costs and Attorney's Fees
The averments of paragraphs 1-15 hereof are incorporated herein by reference.
Plaintiffhas, and will, incur costs and attorney's fees in prosecuting the within
18. Given the financial circumstances between the parties Plaintiffrequests that the
Defendant be directed to pay, and/or contribute to, Plaintiff's counsel's fees and costs.
W}IEREFORE, Plaintiffrequests that this Court enter a Decree in Divorce, enter an order
equitably distributing marital property, award Plaintiff support, alimony and alimony pendente lite,
enter an order with respect to costs and attorney's fees, and enter such other orders as are
appropriate and just.
METZGER, WICKERSHAM, KNAUSS & ERB
Karl R. Hildabrand, Esquire
Attorney I.D. 30102
Attorneys for Plaintiff
3211 North Front Street
Harrisburg, PA 17110-0300
Attorney for Plaintiff
Date:
Document #: 230046.1
VERIFICATION
I, Rita M. Fugett, hereby certify that the facts set forth in the foregoing Complaint In
Divorce are true and correct to the best of my knowledge, information and belief, and that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom
falsification to authorities.
Date:
Document #: 230046.1
RITA M. FUGETT,
Plaintiff
Vo
STEPHEN O. FUGETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION LAW - 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,
including child custody, or child visitation.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR, FOURTH FLOOR
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
Document 8: 229933.1
RITA M. FUGETT,
Plaintiff
V.
STEPHEN O. FUGETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O~-
CIVIL ACTION LAW - IN CUSTODY
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las p~iginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se
defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en
su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por cualquier otra queja
o compensa¢i6n reclamados pot el demandante. Usted puede perder dinero, o propiedades u otros
derechos importantes para usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio,
usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en
la oficina del Prothontary, en la Dauphin County Court of Common Pleas, Front and Market Streets,
Harrisburg, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE
DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A
RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO
TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA
ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
COURT ADMINISTRATOR, FOURTH FLOOR
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
Document #: 229933.1
RITA M. FUGETT,
Plaintiff
V.
STEPHEN O. FUGETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PA
CIVIL ACTION LAW - IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW, this 19th day of March, 2002, comes the Plaintiff, Rita M. Fugett, and files
the within Complaint for Custody:
1. The Plaintiff is Rita M. Fugett, an adult individual currently residing at 11 Stine
Avenue, Carlisle, Cumberland County, Pennsylvania, 17013.
2. The Defendant, Stephen O. Fugett, is an adult individual residing at 926 Gobin
Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
3. The Plaintiff and Defendant were married on August 2, 1997 and separated on
March 11, 2002.
4. The Plaintiff seeks primary physical custody and shared legal custody of the
following child:
Name
Nina M. Fugett
Present Address D.O.B.
11 Stine Avenue 1/27/98
Carlisle, PA 17013
Plaintiff and Defendant are the natural parents of the above mentioned minor child.
The child was not born out of wedlock.
Document 8: 229933.1
5. The child is presently in the primary physical custody of Plaintiff who resides at
11 Stine Avenue, Carlisle, PA, 17013.
During the past five (5) years, the child has resided with the following persons at the
following addresses:
Name
Rita M. Fugett and
Stephen O. Fugett
Rim M. Fugett
Address
11 Stine Avenue
Carlisle, PA 17013
11 Stine Avenue
Carlisle, PA 17013
Date
1/27/1998 until 3/11/2002
3/11/2002 to present
The mother of the child is Plaintiff, Rita M. Fugett, who resides at 11 Stine Avenue,
Carlisle, PA, 17013.
The father of the child is Defendant, Stephen O. Fugett, who resides at 926 Gobin Drive,
Carlisle, PA, 17013.
6. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff
Relationship
currently resides with the following persons:
Name
Nina M. Fugett
Jacob Tyler Lay
Daughter
Son
The relationship of Defendant to the child is that of natural father. The Defendant
Relationship
currently resides with the following persons:
Name
Mother
Document #: 229933. I
8. Plaintiff has not participated as a party or witness, or in any other capacity, in any
other litigation concerning the custody of the child in this or another Court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
Court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation with respect to the child.
9. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a. Plaintiff, Rita M. Fugett, is in the best position, both financially and
emotionally, to provide stability and custody for her daughter.
b. Plaintiff is in the best position to provide a stable, responsible
environment for the raising of her child.
c. Plaintiff is more stable and more capable of providing the proper parental
care and can better provide for the physical and emotional needs of the
child as well as necessary continuity.
d. Defendant suffers from mental health problems, which may adversely
affect the minor child.
e. Plaintiffhas been the primary caretaker of the child.
f. It is in the best interest of the child to remain in the same household as her
sibling.
10. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child has been named as parties to this action.
Document #: 229933.1
WHEREFORE, the Plaintiff, Rim M. Fugett, requests the Court to grant her primary
physical custody and shared legal custody of the child, with reasonable visitation fights to
Defendant, Stephen O. Fugett.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Xl~l R. Hildabrand, Esquire
Attorney I.D. No. 30102
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Document #: 229933.1
VERIFICATION
I verify that the statements made in the foregoing COMPLAINT IN CUSTODY are true and
correct to the best of my knowledge, info~sflation and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to
authorities.
Date:
Document #: 187450.1
CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, Esquire, of Metzger, Wickersham, Knauss and Erb, P.C., do hereby
certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document
upon the following person(s) at the following address(es) indicated below by sending same in the
United States mail, postage prepaid, as follows:
Mr. Stephen O. Fugett
926 Gobin Drive
Carlisle, PA 17013.
Dated:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Document #: 229933.1
RITA M. FUGETT :
PLAINTIFF :
V.
: 02-1472
STEPHEN O. FUGETT
DEFENDANT : IN CUSTODY
ORDER OF COURT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
AND NOW, Tuesday, April 02, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Meehanicsburg, PA 17055 on Thursday, May 02, 2002 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday. 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
RITA M. FUGETT,
Plaintiff
V.
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 02-~qT. CIVIL TERM
: IN CUSTODY
NOTICE TO PLEAD
You are hereby notified to file a written response to the within Answer and New Matter
within twenty days (20) days from service hereof or a judgment may be entered against you.
RITA M. FUGETT,
Plaintiff
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
NO. 02-14 1L
IN CUSTODY
CIVIL TERM
/kNSWER AND COUNTER-CLAIM TO
pLAINTIFF'S COMPLAINT FOR CUSTODY
AND NOW, comes the Defendant, Stephen O. Fugett, by and through his attorney of
record, Marylou Matas, Esquire and Griffie & Associates, and Answers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
ao
Admitted in part and denied in part. It is specifically denied that the child presently is
in the primary physical custody of Plaintiff. It is admitted that Plaintiff resides at 11
Stine Avenue, Carlisle, PA 17013. It is specifically denied that the child resided with
Rita M. Fugett and Stephen O. Fugett at 11 Stine Avenue, Carlisle, PA 17013 from
birth until March 11, 2002. By way of further explanation, it is alleged that the child
lived with the following persons at the following addresses for the following periods
of time:
Name
Rita M. Fugett
Stephen O. Fugett
Ad&ess
118-A West Willow Street
Carlisle, PA
Date
JanuaW 27, 1998 to
November 1998
Name
Ad.ess
Date
Rita M. Fugett
Stephen O. Fugett
Elena Yarlett
James L. Yarlett
926 Gobin Drive
Carlisle, PA
November 1998 to
February 1999
Rita M. Fugett
Stephen O. Fugett
1114 North Pheasant Drive
Carlisle, PA
February 1999 to
January 2000
Rita M. Fugett
Stephen O. Fugett
Elena Yarlett
James L. Yarlett
926 Gobin Drive
Carlisle, PA
January 2000 to
April 2000
Rita M. Fugett
Stephen O. Fugett
11 Stine Avenue
Carlisle, PA
April 2000 to
March 11, 2002
It is denied that the child resided with Rim M. Fugett at 11 Stine Avenue, Carlisle,
PA 17013 from March 11, 2002 to the present. By way of further explanation, it is
alleged that parties have shared physical custody of the child since separation.
It is admitted that the mother of the child is the Plaintiff, who resides at 11 Stine
Avenue, Carlisle, PA 17013.
It is admitted that the father of the child is the Defendant, who resides at 926
Gobin Drive, Carlisle, PA 17013.
6. Admitted.
Admitted in part and denied in part. It is admitted that the relationship of the
Defendant to the child is that of natural father. It is specifically denied that the
Defendant currently resides only with his mother, whose name is Elena Yarlett. By
10.
way of further explanation, Defendant also resides with his step-father, James L.
Yarlett, and with the child at issue on a shared basis.
Admitted.
Admitted in part and denied in part.
Denied. It is specifically denied that Plaintiff is in the best position, both
financially and emotionally, to provide stability and custody for the paa'~es'
daughter;
b)
Denied. It is specifically denied that Plaintiff is in the best position to provide a
stable, responsible environment for the raising of the child;
c) Denied. It is specifically denied that Plaintiff is more stable and more capable
of providing the proper parental care and can better provide for the physical and
emotional needs of the child as well as necessary continuity;
d) Denied. It is specifically denied that Defendant suffers from mental health
problems, which may adversely affect the minor child;
e) Denied. It is specifically denied that Plaintiff has been the primary caretaker for
the child.
f) Admitted in part and denied in part. It is admitted that it is in the best interest
of the child to remain in the household with her sibling. It is denied that the
child's best interests will be served by remaining exclusively in the same
household with her sibling.
Admitted.
WHEREFORE, Defendant requests your Honorable Court to schedule Custody
Conciliation Conference followed by a hearing at which time he should be granted shared legal
and physical custody of the child.
11.
12.
13.
DEFENDANT'S COUNTER-CLAIM FOR CUSTODY
Defendant's Answers to paragraphs 1 through 10 are incorporated herein by reference
as if set forth in full.
Since separation, Plaintiff and Defendant have enjoyed shared physical custody of
their daughter, such that each party has at least two overnight periods of custody
during the week and alternating weekends, from Friday or Saturday through Monday.
Defendant believes that the child's best interests will be served by awarding shared
physical custody to the parties because:
a. Defendant is equally capable of providing for the child's financial, emotional and
physical well being;
b. Defendant is equally capable of meeting the day to day needs of the child;
c. Defendant always has been equally involved in the care of his daughter;
d. Defendant is involved in counseling to address any personal concerns or issues
which may arise fi.om time to time, including stress management;
e. Defendant consistently follows the advice of his counselom, therapists or
psychiatrists with regard to medication and treatment;
f. Defendant has a strong bond and emotional attachment to his daughter;
g. Defendant developed a strong bond and emotional attachment with his step-son,
Jacob, which was encouraged by Plaintiff and the child's father, and which has
continued since separation;
h. Defendant has been consistent with his treatment and discipline of the children;
i. Plaintiff suffers from mental health problems and seeks treatment, including
medication;
j. Plaintiffpreviously agreed to a shared custody arrangement with Defendant;
k. Plaintiff shares physical custody of her son with his natural father;
1. Defendant believes that a shared physical custody arrangement in the form
attached as "Exhibit A" will best serve the child and the parties.
WHEREFORE, Defendant requests your Honorable Court to schedule a custody
conciliation conference followed by an Order awarding Defendant shared legal and physical
custody of the child.
Respectfully submitted,
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made 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.
~STEP/~-IEN O. FUGET~, Defendant
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
P'A'l~t51R MOTI-IEP, MOTHF. R FA'I3-IER I~'&TI-IF_X I"A'l'l-~l~.
Monday Tuesday Wednesday Thumday Friday Samrd~ Sund~y
FATHElt MOTHEI~ MOTHER FATFfF. P,' MO~IqlRI~ MO'I'HI~.~, MOTtESiR
Monday Tueaday Weetae~day Thursday Friday Sattmlay Sunday
FATI-1KR Mo'rI.~R MOTHER FA*ITtER FATHER FATHER FATHE~I
Monday Tuesday Wedner, day Thu~day Friday Saturday Sunday
}"ATHER MOTHER MOTHEP, F^'I~ER MOTHER MOTHER M. OTHEI{.
"DAY, i~ 7:30axn. to 7;$0a.m. the next morning
"WEEKEND" is Friday from 7:30a.m. to Monday at 7:30~m.
13xample
]2~e.ry Week Monday (~ 7:30a. m. to Tuesday (a) 7:30a.m., Father
'l'uesc'{ay ~'~ ?:3(}a-m. ~o Thuraday ('_a~ 7:30a.m. - Mo~cr
Thu~day ~ 7'30a, m. to Friday ~'~ 7:.M)a.m, - l~athee
Father's ~
Morhe. d~ Weekend:
Friday ~ 7:30',urn. to Monday ~ 7:3Ca.m.
Friday ~ 7:30a,m. to Monday C~ 7:3f~m.
RITA M. FUGETT,
Plaintiff
STEPHEN O. FUGETr,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-01472
CML AC~ON-INDIVORCEANDIN
CUSTODY
AFFIDAVIT OF SERVICE_
I, Karl R. Hildabrand, Esquire, counsel for Plaintiff Rita M. Fugett in the above captioned action,
hereby certify that a true and correct copy of the Complaint in Divorce and Complaint in Custody were
served upon Defendant Stephen O. Fugett on April 12, 2002 by certified mail, return receipt requested.
Attached hereto, marked as Exhibit "A" and incorporated herein by reference are the return receipt cards for
said service.
METZGER, WICKERSHAM, KNAUSS & ERB
Attorney I.D. 30102
Attorneys for Plaintiff
3211 North Front Street
Harrisburg, PA 17110-0300
Attorney for Plaintiff
Document #: 233453. I
item 4 if Res~cted ~v~ m ~.
P~ your n~ a~ ~ on the mv~
at we can ~urn t~ ~ ~o you.
- ~ th . - .... ~ck of ~e m~ipi~e,
I A~ ~lS c~ to me
or on ~e ~nt ~ s~ ~'~
Stephen O. Fu~ett
926 Gob~u Dr~ve
Ca~s~e~ PA ~70~3
r'lyes
is delivery address diflem~ from item 17 I~)
O. If YES, entre' delivery address belOW:
131 Cert~ed Mai [:] Expmes Mai
[] Registered [3 Return Re~elpt for Merchandise
I-1 InsUred [] C.O.D.
4. Restricted Deliver/? {E,,-,tra Fee) r-I yes
"'~'"..~'~:~e Number (Copy from servk~e label}
? ~ Return Receipt
PS F&rm 381 1, Jay ~eee
102596-00-M-00~2
· C~pi~ i~m~ 1, 2, .nd 3. Al~o complete
I ~t~' thi~ c~ to the beck of the mm~P~,
Stephen O. Fugett
926 Gobin Drive
Carlisle, PA 17013
A. Rece~d by ~aes P~t C~Y)
If YES, e~te
.~3 C.,eftlfled MIll r'l Expl.es~ MIll
[:3 Regmtemd
1:3 ina.md [] C.O.D.
4. P.e~
RITA M. FUGETT,
Plaintiff
VS.
STEPHEN O. FUGETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1472 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this tt/f~ day of ~t[~ , 2002,
upon consideration of the attached Custody Conciliation Report,lit s ordered and directed as follows:
1. The Mother, Rita M. Fugett, and the Father, Stephen O. Fugett, shall have shared legal
custody of Nina M. Fugett, born January 27, 1998. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding her health, education
and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and
infoimation pertaining to the Child including, but not limited to, school and medical records and
information. The parties shall keep each other advised in the event of serious illness or medical
emergency concerning the Child and shall further take any necessary steps to ensure that the health and
well-being of the Child is protected. During such illness or medical emergency, the parties shall have
the right to visit the Child as often as he or she desires consistent with the proper medical care of the
Child.
2. The parties shall share having physical custody of the Child in accordance with the
following schedule:
A. Every week, the Mother shall have custody of the Child from Monday at 7:30 a.m. through
Tuesday at 7:30 a.m. and from Wednesday at 7:30 a.m. until Thursday at 7:30 a.m.
B. In every week, the Father shall have custody of the Child from Tuesday at 7:30 a.m.
through Wednesday at 7:30 a.m. and from Thursday at 7:30 a.m. through Friday at 7:30 a.m.
C. The parties shall alternate having custody of the Child on weekends from Friday at 7:30
a.m. through Monday at 7:30 a.m.
3. The parties shall share having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 7:30 a.m. through Christmas Day at 12:00 noon, and Segment B, which
shall mn from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even
numbered years, the Mother shall have custody of the Child during Segment A and the Father
shall have custody during Segment B. In odd numbered years, the Father shall have custody of
the Child during Segment A and the Mother shall have custody during Segment B.
B. THANKSGIVING: In every year, the Father shall have custody of the Child from the
Wednesday before Thanksgiving at 7:30 a.m. through Thanksgiving Day at 3:00 p.m. and the
Mother shall have custody from Thanksgiving Day at 3:00 p.m. through the following Friday at
7:30 a.m.
C. EASTER: In every year, the Mother shall have custody of the Child from the Saturday
before Easter at 7:00 p.m. through Easter Sunday at 3:00 p.m., and the Father shall have
custody from Easter Sunday at 3:00 p.m. through the following Monday at 7:30 a.m.
D. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the
Child over the Mother's Day weekend from Saturday at 7:00 p.m. through Monday at 7:30 a.m.
and the Father shall have custody over the Father's Day weekend from Saturday at 7:00 p.m.
through Monday at 7:30 a.m.
E. HALLOWEEN TRICK-OR-TREAT NIGHT: In even numbered years, the Father shall
have custody for Trick-or-Treat night and in odd numbered years, the Mother shall have
custody.
F. CHILD'S BIRTHDAY: The non-custodial parent shall be entitled to have a period of
custody with the Child on the Child's birthday at times to be arranged by agreement of the
parties.
G. The holiday custody schedule shall supersede and take precedence over the regular custody
schedule.
4. Each party shall be entitled to have custody of the Child for one uninterrupted week during
summer school break each year upon providing at least 30 days advance notice to the other party.
Each party shall schedule his or her period of vacation custody to begin on that party's regular
weekend custody period. The party providing notice first under this provision shall be entitled to
preference on his or her selection of vacation dates.
5. The Father shall provide, through counsel, written statements from his treating
counselors/psychiatrists (Ted Hummel, M.S., Dr. Fenstermacher, Dr. Sinderman) regarding the
Father's ability to provide care for the Child during custodial periods and written recommendations
concerning ongoing treatment/therapy. This information shall be made available to the Mother or the
Mother's counsel.
6. Neither party shall do or say anything which may estrange the Child fzom the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
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 temis of this Order shall control.
BY TH~
cc:~arylou Matas, Esquire - Counsel for Father
[~arl R. Hildabrand, Esquire - Counsel for Mother
RITA M. FUGETT,
Plaintiff
VS.
STEPHEN O. FUGETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1472 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
NinaM. Fugett
January24, 1998
Mother/Father
2. A Conciliation Conference was held on May 2, 2002, with the following individuals in
attendance: The Mother, Rita M. Fugett, with her counsel, Karl R. Hildabrand, Esquire, and the
Father, Stephen O. Fugett, with his counsel, Marylou Matas, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date
Dawn S. Sunday, Esquire !
Custody Conciliator
RITA M. FUGETT,
Plaintiff
V.
STEPHEN O. FUGETT,
Defendant
RITA M. FUGETT,
STEPHEN O. FUGETT,
Plaimiff :
:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1472
CIVIL ACTION - LAW
COMPLAINT IN DIVORCE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
Docket Number: 00216 S 2002
PACSES Case Number: 358104332
ORDER OF COURT
NOW, this day of ~ ,2002, upon consideration of the
Petition to Withdraw as Counsel filed by Metzger, Wickersham, Knauss & Erb, P.C., and Karl R.
Hildabrand, Esquire, and it appearing that the Plaintiff has consented to the withdrawal, said
Petition is granted. Said counsel are hereby given leave to withdraw.
Document t4: 236868.1
RITA M. FUGETT,
Plaintiff
Vo
STEPHEN O. FUGETT,
Defendant
RITA M. FUGETT,
Mo
STEPHEN O. FUGETT,
Plaintiff :
:
:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1472
CIVIL ACTION - LAW
COMPLAINT IN DIVORCE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
Docket Number: 00216 S 2002
PACSES Case Number: 358104332
PRAECIPE
TO THEPROTHONOTARY:
In accordance with the Court's Order of July 1, 2002, kindly withdraw my Appearance
on behalf of Plaintiff, Rita M. Fugett, in the above captioned matters.
Dated:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Karl R. Hildabrand, Esquire
Attorney I.D. No. 30102
P.O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Document #: 239130.1
.CERTIFICATE OF SERVICE
AND NOW, this
~ day of July, 2002, I, Karl R. Hildabrand, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of
the within Praecipe this day by depositing the same in the United States mail, postage prepaid, at
Harrisburg, Pennsylvania, addressed to:
Rita M. Fugett
11 Stine Avenue
Carlisle, PA 17013
Marylou Matas, Esquire
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
Karl R. Hildabrand
Document #: 239130.1
RITA M. FUGETT,
Plaintiff
VS.
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-1472
:
: CIVIL ACTION-LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on March 26, 2002.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
I verify that the statements made in this affidavit 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: 3i~,/~.~ ,
~T~H~.N O. FU'GET~,-'~efendant
RITA M. FUGETT,
Plaintiff
VS.
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-1,372
:
: CIVIL ACTION-LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE COD~
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit 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: ~ ~/~
RITA M. FUGETT,
Plaintiff
VS.
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS
~ y
: CUMBERLAND (_OUNT , PENNSYLVANIA
:
: NO. 2002-1472
:
: CIVIL ACTION-LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT.
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on March 26, 2002.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
Date:
I verify that the statements made in this affidavit 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.
RITA M. FUGETT,
Plaintiff
VS.
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-1472
:
: CIVIL ACTION-LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit 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:
~R'fT~k -M. FU ~ , ' iff
INTHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of ,¢~:~~'~~*,~, .~ . PeNNa.
RITA M. FUGETT,
Plaintiff
VERSUS
STEPHEN O. FUGETT,
Defendant
NO. 2002-1472
AND NOW,
DECREED THAT
DECREE iN
DIVORCE
RITA M. FUGETT
STEPHEN O. FUGETT
, IT IS ORDERED AND
, PLAI NTl FF,
AND , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YEt BEEN ENTERED;
The attached Separation and Property Settlement Agreement
dated March 30, 2003 shall be incorporated into, but shall
Decree~
merge in this Final ' '
ATTEST:
not
Jo
PROTHONOTARY
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this ~)~ day of ~'l~c~ (Z/A~
2003,
by
and
between STEPHEN O. FUGETT, of 349 North College Street, Apartment 1, Carlisle,
Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband,"
AND
RITA M. FUGETT, of 1408 Pheasant Drive South, Carlisle, Cumberland County,
Pennsylvania, party of the second part, hereinafter referred to as "Wife,"
WITNESSETH:
WHEREAS, Husband and Wife were married on August 2, 1997, in Carlisle,
Cumberland County, Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
--Page 1 of 17--
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
L1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other.
Neither party shall molest the other or compel or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be
taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes
leading to them living separate and apart.
AR TICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
--Page 2 of 17--
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or
shall be instituted by the other party, or from making any just or proper defense thereto. The
parties agree that each will sign whatever documents necessary to finalize an action for divorce
upon the execution of this Agreement and that Wife may move to request the entry of a Decree
in Divorce. It is warranted, covenanted, and represented by Husband and Wife, each to the
other, that this Agreement is lawful and enforceable and this warranty, covenant, and
representation is made for the specific purpose of inducing Husband and Wife to execute the
Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all
possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of
public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant,
covenant and agree that, in any possible event, he and she are and shall forever be estopped from
asserting any illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
--Page 3 of 17--
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
AR TICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both panics, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during their marriage; the economic circumstances of
each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
--Page 4 of 17--
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being effected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
Personal Property. The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge
that they have the cash, accounts, or other tangible and intangible property in their possession
that they wish to have and neither will make any claim whatsoever against the other party fOr any
other items of personal property or assets that are in the other party's possession.
3.4
Life Insurance. Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party agrees to sign any
documents necessary to waive, relinquish, or transfer any rights on such policies to the respective
party who presently owns such policies. Each party maintains that neither party owned any life
insurance policies as of the date of separation.
3.5
Subsequentl}, Acquired Property. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to
waive and relinquish any right in such property that may arise as a result of the marriage
relationship.
--Page 5 of 17--
3.6
Pension~ Retirement~ Profit-Sharing Husband owned or had an interest in retirement
benefits through previous employment with York County. At the time Husband terminated that
employment, Husband cashed out his entitlement to those benefits and retained proceeds of
approximately $900.00. Wife acknowledges that Husband retained those benefits and waives
any interest she has or may have had in those. As of the date of separation, Husband had no
other present or future right to receive any other retirement benefits.
Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she
has or may have in Husband's pension through his present or prior employment. Wife hereby
waives, relinquishes and transfers any and all right, title and interest she has in any present
retirement account, as well as other accounts that Husband may have in his individual name or
may have secured through his present or prior employment.
Husband agrees to waive, relinquish or transfer any and all of his right, title and interest
he has or may have in Wife's pension through her present or prior employment. Husband hereby
waives, relinquishes and transfers any and all right, title and interest he has in any present
retirement account, as well as other accounts that Wife may have in her individual name or may
have secured through her present or prior employment. As of the date of separation, Wife had no
other present or future right to receive any other retirement benefits.
3.7
Vehicles. The parties acknowledge that Wife had and retained sole and exclusive
ownership and possession of a certain 1998 Toyota Camry LE vehicle which was originally titled
in the parties' names jointly and which had an encumbrance due and owing to M&T Credit
Corporation requiring the monthly payment of approximately THREE HUNDRED FIFTY-
--Page 6 of 17--
SEVEN AND 85/100 ($357.85) DOLLARS. The parties agreed to allow the financial institution
to repossess this vehicle. Following repossession, a deficiency for the loan balance, existed, with
a total deficiency of approximately NINE THOUSAND AND 00/100 (~,O00./O~OLLARS.
From the date of execution of this Agreement forward, Wife shall be solely and exclusively
responsible for one-half of the deficiency on the encumbrance due and owing to M&T Credit
Corporation, approximately FOUR THOUSAND FIVE HUNDRED AND 00/100 ($4,500.00)
DOLLARS, by securing a personal loan in her name individually in the amount necessary to
satisfy the obligation.
From the date of execution of this Agreement forward, Husband shall be responsible for
one-half of the deficiency on the encumbrance due and owing to M&T Credit Corporation,
approximately FOUR THOUSAND FIVE HUNDRED AND 00/100 ($4,500.00) DOLLARS, by
securing a personal loan in his name individually in the amount necessary to satisfy the
obligation.
The parties acknowledge that Husband has and shall retain sole and exclusive ownership
and possession of the parties' 1999 Toyota Tacoma pickup truck. This vehicle has an
encumbrance due an owing to Members First Federal Credit Union requiring the monthly
payment of approximately TWO HUNDRED EIGHTY AND 00/100 ($280. 00) DOLLARS. From
the date of execution of this Agreement forward, Husband shall be solely and exclusively
responsible for the repayment of the aforesaid debt. Wife shall make no claim whatsoever
relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any
nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward.
--Page 7 of 17--
3.8
Intant~ible Personal Property. The parties are the joint owners of a savings account held
at Members First Federal Credit Union, with an approximate date of separation balance of
$1,043.02. The parties acknowledge that Wife retained the sum of $900.00 upon separation and
Husband retained the sum of $101.50 upon separation.
The parties have already transferred or waived rights and interest in other intangible
personal property, including their various bank accounts, credit union accounts, and the like.
Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15)
days of signing this Agreement. Neither party shall make any claim of any nature whatsoever
against the other party relative to the financial accounts or other investments or intangible
personal property that have already been retained by that party as described herein.
3.9
Real Estate. The parties were the joint owners of real estate located at 11 Stine Avenue,
Carlisle, Cumberland County, Pennsylvania. This property was encumbered with a first
mortgage due and owing to Washington Mutual requiring the monthly payment of approximately
SEVEN HUNDRED EIGHT AND 58/100 ($708.52) DOLLARS. This property was further
encumbered with a second mortgage due and owing to Members 1st Federal Credit Union
requiring the monthly payment of approximately FOUR HUNDRED FOURTEEN AND 00/100
($414. 00) DOLLARS.
The aforesaid real estate was sold by agreement of the parties. The parties agreed to
apply all proceeds received from the sale of the aforesaid real estate to the first and second
mortgages. Following the application of all proceeds to the aforesaid encumbrances, a
deficiency in the approximate amount of FIFTEEN THOUSAND AND 00/100 ($15,000.00)
--Page 8 of 17--
DOLLARS existed. The parties each assumed one -half, or approximately SEVEN THOUSAND
FIVE HUNDRED AND 00/100 ($7,500.00) DOLLARS each, of the deficiency amount resulting
from the sale of the property. Each party secured a personal loan in his or her name individually
in the amount necessary to satisfy the obligation.
From the date of the settlement of the property and the time each party secured an
individual personal loan as described herein, each party shall maintain sole and exclusive
responsibility for making and all payments associated the aforesaid personal loan. Each party
shall indemnify the other and hold each other harmless from and against any and all demand for
payment or collection activities of any nature, whatsoever relative to the aforesaid personal loan.
ARTICLE IV
DEBTS OF THE PARTIES
4.1
The panics acknowledge that they each have individual outstanding debts or liabilities
due and owing to various lenders for student loan accounts. From the date of execution of this
Agreement forward, Husband and Wife each shall retain sole and exclusive responsibility and
obligation for the repayment of the aforesaid debts that are encumbered in their respective names
individually.
4.2
Each party represents to the other that except as is otherwise set forth in this Agreement,
and more particularly as set forth in subparagraphs 3.7, 3.9 and 4.1 above, there are no major
outstanding obligations of the parties; that since the separation neither party has contracted or
any debts for which the other will be responsible and each party indemnifies and holds harmless
the other for all obligations separately incurred or assumed under this Agreement.
--Page 9 of 17--
ARTICLE V
ALIMONYt ALIMONY PENDENTE LITEL
SPOUSAL S UPPOR Tt MAINTENANCE
5.1
The parties herein acknowledge that they have each secured and maintain a
substantial and adequate fund with which to provide themselves sufficient resources to provide
for their own comfort, maintenance and support in the station of life in which they are
accustomed. Husband and Wife do hereby waive, release and give up any rights they may have,
respectively against the other for alimony, alimony pendente lite, spousal support and
maintenance, except as otherwise provided for herein.
5.2
Husband and Wife specifically waive, release and give up any rights for alimony,
alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations
Code. - ~ -~ ~ ~0_~ ~lrl~t ~D~ .~d ~-~ ~~
T~S
6.1
The paaies ac~owledge thru they have filed v~ous joim income tax returns during the
course of their manage. In the event that any additional taxes, penalties or interest are assessed
as a result of any such joint m~, the pa~ies shall share all such expenses absent ~aud or
--Page 10 of 17--
intentional misrepresentation, in which event the party guilty of fraud or intentional
misrepresentation shall indemnify and save the other party harmless from all tax liability,
penalties, interest, counsel fees, accountant's fees and costs.
ARTICLE VII
MISCELLANEO US PR 0 VISIONS
7.1
Advice of Counsel. The parties acknowledge that they have either received independent
legal advice from counsel of their own selection, that they fully understand the facts and have
been fully informed as to their legal rights an obligation or otherwise understand those legal
rights and obligations. They acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having
received such advice and with such knowledge that execution of this Agreement is not the result
of any duress or undue influence, and further that it is not the result of any collusion or improper
or illegal agreement or agreements.
7.2
Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the intestate laws, or the right to take
--Page 11 of 17--
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the
United States, or (c) any other country, or any rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any thereof. It is the
intention of Husband and Wife to give to each other by execution of this Agreement a full,
complete, and general release with respect to any and all property of any kind or nature, real or
personal, not mixed, which the other now owns or may hereafter acquire, except and only except,
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any thereof.
7.3
Bankruptcy,. The parties agree that any and all financial obligations assumed herein shall
not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to,
all financial obligations assumed under Paragraph 3.7 and 3.9 of this Agreement. In the event
either party attempts to avoid financial obligations described herein through bankruptcy
proceedings the other party shall have an independent claim against the party claiming
bankruptcy for any and all sums that the other party assumes or is required to pay due to the
actions of the party claiming bankruptcy. Further, all rights available to the other party provided
for in Paragraph~_.) hereinafter shall'be available to the party not filing bankruptcy.
--Page 12 of 17--
7.4
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold
the other party harmless from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
7.5
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
7.6
Husband and Wife covenant and agree that they will forthwith execute, any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to carry fully and effectively the
terms of this Agreement.
--Page 13 of 17--
7.7
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
7.8
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
7.9
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
7.10
Severabilit~. If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under any one or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
7.11
It is specifically understood and agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
--Page 14 of 17--
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
7.12
Disclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party has
an interest, of the sources, and amount of the income of such party of every type whatsoever, and
all other facts relating to the subject matter of this Agreement.
7.13
.Enforceabilit~ and Consideration This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained is stipulated, confessed, and
admitted by the parties, and the parties intend to be legally bound hereby. In the event either
party breaches the aforesaid Agreement and it is determined through appropriate legal action that
the alleged party has so breached the Agreement, the breaching party shall be responsible for any
and all attorney's fees as well as costs and expenses associated with litigation incurred by the
non-breaching party to enforce this Agreement against the breaching party. In the event of
breach, the non-breaching party shall have the right, at his or her election, to sue for damages for
such breach or to seek such other and additional remedies as may be available to him or her
including equitable enforcement of this Agreement.
--Page 15 of 17--
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
Date
t Dat6 --
--Page 16 of 17--
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this .r~9~day of ~
, 2003, before me, the undersigned
officer, personally appeared RITA M. FUGETT, known to me (or satisfactory proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that she executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
P[¥i~;~,,,'c Dauphin County
My Commiss on Expires Jan. 12, 2004
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA ·
On this 5}0 day of ]1//~/~'~ , 2003, before me, the undersigned
officer, personally appeared STEPHEN O. FUGETT, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal
Karisa J. Lehman, Notary Public
Cadislo Bore, Cumberland County
My Commission Expires Aug. 25, 2003
--Page 17 of 17--
RITA M. FUGETT,
Plaintiff
vs.
STEPHEN O. FUGETT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1472
CIVIL ACTION - LAW
IN DIVORCE
~RAECIPE TO TRANSMIT
TO THE PROTHONOTARY:
Date:
Transmit the record, together with the following
information, to the Court for entry of a Divorce Decree:
1. Ground for divorce: Irretrievable breakdown under
~ of the Divorce Code.
2. Date and manner of service of the Complaint: ~
was served on Defendant b certified mail restricted
deliver return recei t re uested on A ril 12 2002.
3. (Complete either paragraphs (a) or (b).)
(a) Date of execution of the Affidavit of Consent
required by ~3301(c) of the Divorce Code: By
Plaintiff:. 2/26/03 and By Defendant: 3/8/03
(b) (1) Date of execution of the Affidavit required by
~3301(d) of the Divorce Code: N/A
(2) Date of filing and service ~f the Plaintiff's
Affidavit upon the Respondent: N/A
4. Related claims pending: None
5. (Complete either (a or (b).)
(a) Date and manner of service of the notice of
intention to file a Praecipe to Transmit Record, a
copy of which is attached: N/A
(b) Date Plaintiff's Waiver of Notice in ~3301(c)
Divorce was filed with the Prothonotary: ~
Date Defendant's Waiver of Notice in ~3301(c)
Divorce was filed with the Prothonotary: 3/24/03.
PURCELL, KRUG,~ ~ALLER
Nli~ho~ St~ e~ O~man, Esquire
~l [~[ (~% (717) 234-4178
ID No. 79866
IN THE COURT OF COMMON PLEAS
RITA M. FUGETT,
Plaintiff
VERSUS
STEPHEN O. FUGETT,
Defendant
OF CUMBERLAND COUNTY
STATE OF ,.~~. PENNA.
NO. 2002-1472
DECREE iN
DIVORCE
AND NOW, ~ ~1~ ~ , ~1~
DECREED ThAT
RITA M. FUGETT
STEPHEN O. FUGETT
, IT IS ORDERED AND
, PLAINTIFF,
AND , DEFENDANT,
ARE DIVORCED FROM THE BONDS Of MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The attached Separation and Property Settlement Agreement
dated March 30, 2003 shall be incor~rated into, but shall
Decree~
merge in this Final ' '
ATTEST~~
not
Jo
PROTHONOTARY
IN THE COURT OF COMMON PLEAS
RITA M. FUGETT,
Plaintiff
VERSUS
STEPHEN O. FUGETT,
Defendant
OF CUMBERLAND COUNTY
STATE OF .~ PENNA.
NO. 2002-1472
Decree iN
DIVORCE
DECREED ThAT
RITA M. FUGETT
STEPHEN O. FUGETT
., IT IS ORDERED AND
, PLAINTIFF,
AND , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT
Yet BEEN ENTERED;
The attached Separation and Property Settlement Agreement
dated March 30, 2003 shall be incor_p_orated into, but shall
merge in this Final Decree ' '
ATTEST:
not
PROTHONOTARY
RITA M. FUGETT,
Plaintiff/Petitioner
VS.
STEPHEN O. FUGETT,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1472
: CIVIL ACTION - LAW
: IN CUSTODY
EMERGENCY PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes Rita M. Fugett, by and through her attorneys, Purcell, Krug
and Hailer, and files the following Emergency Petition for Ivlodification of Custody:
1. Petitioner is Rita M. Fugett (hereinafter "Mother"), mother of the minor child,
Nina M. Fugett (DOB: 01/27/98). Mother currently resides, at 1408 Pheasant Drive
South, Carlisle, Cumberland County, Pennsylvania 17013.
2. Respondent is Stephen O. Fugett (hereinafter "Father"), father of the
aforementioned minor child. Father resides 19 Nicholas [)rive, Carlisle, Cumberland
County, Pennsylvania 17013.
3. On or about May 2, 2002, the parties attended ~, conciliation conference with
Dawn Sunday and stipulated to the entry of the Order of Court dated May 14, 2002. A
true and correct copy is attached hereto and made part hereof as Exhibit "A".
4. Pursuant to that Order, the parties share legal and physical custody.
5. On or about September 8, 2003, Father consumed alcohol to the point of
intoxication, then left his home in his motor vehicle with the intent to end his life. Father
passed out at the wheel and drove over an embankment. Father admitted these facts
to Mother.
6. Following his collision, Father received treatmer)t for his injuries at the
Hershey Medical Center. At that time, he was advised to submit to intensive inpatient
treatment for his mental health problems. Thereafter, Mr. Fugett was admitted to the
Polyclinic Medical Center for treatment of his mental health problems. It is unknown if
he continues to be a patient.
7. In or about July 2003, Father attempted to end his life by taking an overdose
of drugs prescribed to his mother. Father's psychiatrist recommended that Father
immediately enter a daily treatment program for his mental health problems. However,
Father never followed that recommendation. Father admitted these facts to Mother
after his most recent collision.
8. Father had a continuing course of mental health problems throughout the
course of the parties' marriage, including a breakdown in early 2002, following which he
was hospitalized at the Hershey Medical Center and Philhaven.
9. After his September 8, 2003 collision, Father agreed with Mother that it was
not in their daughter's best interest for him to exercise his custody for the coming
weekend. Shortly thereafter, Mother received a letter from Father's counsel advising
that sanctions for contempt would be sought if she caused any interruption in the
regular custody schedule.
10. Based on the above, Mother believes and avers that Father is not presently
fit to have unsupervised custody of the parties' minor child and requests that the Order
be modified to provide Father with supervised periods of visitation.
-2-
WHEREFORE, Mother respectfully requests this Honorable Court to modify the
existing Custody Order to address the problems set forth herein.
By:
IRCELL, KRUG AND HALLER
~'le M..~ !tt"~'ey-(::~n, E.~qu~'-~1'~~'
D. 79866 / ~J
719 No~h ~ont Street
~arrisburg, ~A 17102
~717) 234~178
Date:
-3-
RITA M. FUGETT,
Plaintiff
VS.
STEPHEN O. FUGETT,
IN THE COURT OF COMIVlON PLEAS OF
CLrMBERLAND COUNTY, PENNSYLVANIA
02-1472 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, tbJs /t~ day of ~t[~ , 2002,
upon consideration of the attached Custody Conciliation Report,--it is ordered and directed as follows:
1. The Mother, Rita M. Fugett, and the Father, Stephen O. Fugeth shall have shared legal
custody of Nina M. Fugett, bom January 27, 1998. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisious regarding her health, education
and religion. Pursuant to the t=tms of this paragraph each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, school and medical records and
information. The parties shall keep each other advised in the event of serious illness or medical
emergency concerning the Child and shall further take any necessary steps t6 ensure that the health and
well-being of the Child is protected. During such illness or medical emergency, the parties shall have
the right to visit the Child as often as he or she desires consistent with the proper medical care of the
Child.
2. The parties shall share having physical custody of the Child in accordance with the
following schedule:
A. Every week, the Mother shall have custody of the Ckdld fi:om Monday at 7:30 a.m. through
Tuesday at 7:30 mm. and fi:om Wednesday at 7:30 a.m. until Thursday at 7:30 a.m.
B. In every week, the Father shall have custody of the Child fi:om Tuesday at 7:30 a~m.
through Wednesday at 7:30 a.m. and from Thursday at 7:30 a.m. through Friday at 7:30 a.m.
a.m. throug~a Monday at 7:3q a.m.
The parties shall alternate ~aving custody of th~ Ci[dld.or~ Weekends fi:om Friday at 7:30
3. The parties shall share having custody of the Child on hc,lidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn
from Christmas Eve at 7:30 a.m. through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even
numbered years, the Mother shall have custody of the Child during Segment A and the Father
shall have custody during Segment B. In odd numbered years, the Father shall have custody of
the Child during Segment A and the Mother sh},ll have custody during Segment B.
B. TItANKSGIVING: In every year, the Father shall have custody of the Child from the
Wednesday before Thanksgiving at 7:30 a.m. through Thanksgiving Day at 3:00 p.m. and the
Mother shall have custody from Thanksgiving Day at 3:00 p.m. through the following Friday at
7:30 a.m.
C. EASTER: In every year, the Mother shall have custody of the Child from the Saturday
before Easter at 7:00 p.m. through Easter Sunday at 3:00 p.m., and the Father shall have
custody from Easter Sunday at 3:00 p.m. through the follovdng Monday at 7:30 a.m.
D. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the
Child over the Mother's Day weekend from Saturday at 7:00 p.m. through Monday at 7:30 a.m.
and the Father shall have custody over the Father's Day weekend from Saturday at 7:00 p.m.
through Monday at 7:30 a.m.
E. HALLOWEEN TRICK-OR-TREAT NIGHT: In even numbered years, the Father shall
have custody for Trick-or-Treat night and in odd numbered years, the Mother shall have
custody.
F. CHILD'S BIRTHDAY: The non-custodial parent ,,',hall be entitled to have a period of
custody with the Child on the Child's bLrthday at times to be arranged by agreement of the
parties.
G. The holiday custody schedule shall supersede and take, precedence over the regular custody
schedule.
4. Each patty shall be entitled to have custody of the Child for one uninterrupted week during
summer school break each year upon providing at least 30 days advance notice to the other party.
Each party shall schedule his or her period of vacation custody to begin on that party's regular
weekend custody period. The party providing notice first und~x this provision shall be entitled to
preference on his or her selection of vacation dates.
'-5. ,,,~,,~,,~,o,,,~,v,,,,,,~, through counsel, written statements from his
counselors/psychiatrists (Ted Hummel, M.S., Dr. Fenstermacher, Dr. Sinderman) regarding the
Father's ability to provide care for the Child during custodial periods and written recommendations
concerning ongoing treatment/therapy. This information shall be made available to the Mother or the
Mother's counsel. ~
6. Neither party shall do or say anything which may estrange the Child fi-om the other parent,
injure the opirfion of the Child as to the other parent, or hamper the fi-ce and natural development of the
Child's love and respect for the other parent. Both parties sha~ll ensure that third pax'des having contact
with the Child comply with this provision.
7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE
cc: Marylou Matas, Esquire - Counsel for Father
Karl R. Hildabrand, Esquire - Counsel for Mother
TRUE COPY FROM RECORD
In Test~.mony wherepf, I hera unto ~et rity hard
. : .4
RITA M. FUGETT,
Plahatiff
VS.
STEPHEN O. FUGETT,
Defendant
IN THE COURT OF COMiVION PLEAS OF
CIJMBERLAND COUNTY, PENNSYLVANIA
02-1472 CIVIL ACTION LAW
IN CUSTODY'
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLA_ND COUNTY RULE OF CML
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this htigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Nina M. Fugett
January 24, 1998
Mother/Father
2. A Conciliation Conference was held on May 2, 2002, with the following individuals in
attendance: The Mother, Rita M. Fugett, with her counsel, Karl R. Hildabrand, Esquire, and the
Father, Stephen O. Fugett, with his counsel, Marylou Matas, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
D te tm7
Dawn S. Sunday, Esquire !
Custody Conciliator
VERIFICATION
I, NICHOLE M. STALEY O'GORMAN, ESQUIRE, counsel for Rita M.
Fugett, hereby verify that the facts contained in the attached
EMERGENCY PETITION FOR MODIFICATION OF CUSTODY are true and correct
to the best of my knowledge, information and belief, based upon the
information provided by my client, Rita M. Fugett.
I understand that false
the penalties of 18 Pa. C.S.
falsification to authorities.
statements made herein are subject to
Section 4904, relating to unsworn
DATE: September 15, 2003
NI~ioLE -M.
ESQUIRE
CERTIFICATE OF SERVICE
I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug &
Hailer, counsel for Plaintiff/Petitioner, hereby certify that service of the foregoing
EMERGENCY PETITION FOR MODIFICATION OF CUSTODY was made upon the
following by First-Class Mail, Postage Prepaid on ~- I CD- O~
Darryl W. Cunningham, Esquire
FRANKEL, CUNNINGHAM, STAMBAUGH & ASSOCIATES
14 West King Street
P.O. Box 1389
York, PA 17405-1389
Tricia Kowalczyk (J LJ
R['I'A M. FUGETT
V.
STEPHEN O. FUGEI-r
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-1472 CIVIL
: CIVIL ACTION - CUSTODY
~URT
AND NOW, this 18TM day of SEPTEMBER, 2003, a hearing on Mother's
Emergency Petition for Modification of Custody is scheduled for TUESDAY,
~EPTEI~IBER 23, 2003, at 1:00 p.m. in Courtroom # 5 of the Cumberland
County Courthouse, Carlisle, Pa.
Edward E. Guido, ].
Nichole M. Staley O'Gorman, Esquire
Darryl W. Cunningham, Esquire
:sld
FRANKEL
CUNNINGHAM
STAMBAUGH
& ASSOCIATES
AI~ORNEYS AT LAW
14 WEST KING STR E ET
YorK, PENNSYLVANIA 17401
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RITA M, FUGETT,
Plaintiff/Petitioner
VS.
NO, 02-1472
CIVIL ACTION - LAW
CUSTODY
Admitted.
Admitted.
Admitted in part and denied in part. It is admitted that Father was
intoxicated and drove his vehicle, culminating in a one car crash after Father
fell asleep. It is denied that father intended to end his life or that he ever
admitted the same to Mother. To the contrary, Father denied any suicidal
intention.
Admitted.
STEPHEN O. FUGETT
Defendant/Respondent
DEFENDANT'S ANSWER TO PLAINTIFF'S
EMERGENCY PETITION FOR MODIFICATION OF CUSTODY
AND NOW, this 19th day of September, 2003, comes the Defendant,
Stephen O. Fugett, by and through his attorney, Darryl W. Cunningham,
Esquire, and files his answer to Plaintiff's Emergency Petition for Modification
of Custody, the following being a statement:
1.
Admitted.
FRANKEL
CUNNINGHAM
STAMBAUGH
&ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK, PENNSYLVANIA 17401
Admitted in part and denied in part. It is admitted that Father was
treated at the Hershey Medical Center for his injuries. It is denied that he was
advised to submit to "intensive inpatient treatment" but rather he requested
assistance with alcohol abuse. No psychological evaluation of any type was
done at Hershey Medical Center. It is admitted that on September 11, 2003,
he was transferred to Polyclinic Medical Center which had available space for
him. After evaluation by Dr. Ray E. Sharretts, Father was discharged to an
intensive outpatient program on September 12, 2003.
7.
Denied. It is denied that Father attempted to end his life in July 2003.
To the contrary, when Father was intoxicated, his mother saw a bottle of
pills and feared Father may have taken some due to his intoxicaton. Father
was taken to the Carlisle Hospital by his mother where blood testing revealed
no medication in his system.
attempted suicide.
It is further denied that Father told Mother he
Admitted. Father and Mother both suffer mental health and substance
abuse issues. Father was hospitalized in early 2002 as a result of marital
difficulties. Subsequent to that hospitalization the parties agreed to the
current custody order as both parties recognized the need for each of them to
contribute to the life of the daughter.
9.
Admitted in part and denied in part. It is admitted that Mother voiced
her intention to leave the child with someone while she went to a wedding
when it was assumed that Father would be hospitalized. It is denied there
was an agreement to modify the custody order and that counsel made several
contacts to Mother's counsel in an attempt to clarify the matter. When
counsel advised that Mother intended to unilaterally modify the custody order,
Father's counsel documented his objection.
FRANKEL
CUNNINGHAM
STAMBAUGH
& ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK, PENNSYLVANIA 17401
10.
Denied. Father, through counsel, provided correspondence from Dr.
Sharrett which specifically indicates that Father should be permitted to
exercise custody while taking part in therapy. A copy of the letter is attached
hereto as Exhibit A.
NEW MATTER
11.
Father resides with his Mother and Step-Father with whom the child
has lived for extended periods of time and with whom she if very
comfortable.
12.
Father exercised his regular period of custody with the child on
Thursday, September 18 through September 19, 2003, without objection
from Mother and without incident.
13.
Father begna attending Alcoholics Anonymous meetings and Intensive
Outpatient Therapy as per his mental health plan on Monday, September 15,
2003, after being released from the hospital on September 12, 2002. This
plan includes random urinalysis for alcohol or medications not prescribed by a
physician.
14.
No basis exists to modify the custody order, however if the Court
deems it appropriate, Father has no objection to the court making his
continued custodial contacts conditional on his abstention from alcohol and
compliance with the mental health professionals with whom he currently
treats. Father requests that neither party be permitted to consume illicit drugs
or alcohol when exercising custody or in the child's presence.
WHEREFORE, Father prays this Honorable Court deny the
petition for emergency modification and all other relief deemed appropriate.
Respectfully submitted,
FRANKEL, CUNNINGHAM,
ST/~,BAUGH & ASSOCIAT/LZ~q .................
Darryl W. C~inghar~, E?~"~'~ ~
ID ~ 53306 ~ ~
Counsel for Stephen O. Fugett
14 West King Street
York, PA 17402
(717) 854-3836
FRANKEL
CUNNINGHAM
STAMBAUGH
& ASSOCIATE~
ATTORNEYS AT LAW
14 WEST KING STREET
YORK, PENNSYLVANIA 17401
PINNACLEHEALTH
Hospitals
September 16, 2003
RE: Stereo Fugett
To Whom II May concern:
Tt~e above captioned patient was recently hospitalized with the following diagnoses:
Obsessive Compulsive Disorder
Alcohol Abuse
The patient was discharged Lo attend Intensive Outpatient Treatment and Alcoholics
Anonymous meetings. If the patient remains compliant wit~ taking presc~bed
medication, attends all his appointments, regularly attends AA and remains abstinent
from atcohol, it is this examiner's opinion that this patient would be fit for custody of his
children
Sincerely,
~iarretts O.O.
Medical Direclor
VERIFICATION
I verify that the statements made in this
are based upon information which has
been furnished to counsel by me and information which has been gathered by
counsel in the preparation of this lawsuit. The language is that of counsel and
not my own. To the extent that the contents are based upon information which
I have given to counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the contents are that of counsel, I
have relied upon my counsel in making this verification. ~ understand that false
statements herein are made subject to penalties of 18 PA C.S. §4904, relating
to unsworn falsification to authorities.
Date t
FRANKEL
CUNNINGHAM
STAMBAUGH
&ASSOCI~ES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK, PENNSYLVANIA 17401
RITA M. FUGETT
V
STEPHEN O. FUGETT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1472 CIVIL TERM
CIVIL ACTION - CUSTODY
IN RE: EMERGENCY PETITION
ORDER OF COURT
AND NOW, this 23rd day of September, 2003, based
upon the emergency petition filed by mother and the answer filed
by father, and having taken limited testimony and having heard
from Counsel, it is hereby ordered and directed as follows:
The parties shall maintain the Status quo with
regard to the custody of the child. Provided, however, that
father shall not be alone with the child under any circumstances
whatsoever during his periods of custody. Paternal grandmother
or paternal Step-grandfather must be in the presence of the child
at all times.
The father has agreed to allow his medical
records to be provided to an expert of choice by mother. He is
not waiving any privacy interest therein, except as may be set
forth in a future order of this Court.
Counsel are directed to submit a stipulated order
with regard to father's privacy interests within 10 days of
today's date. If the parties are unable able to agree, Counsel
shall each submit their proposed order, and we will schedule a
COnference call to resolve the issue.
By the Court,
~ j
Nichole M. Staley O'Gorman,
1719 N. Front Street
Harrisburg, PA 17102
For the Plaintiff
Esq.
Darryl W. Cunningham, Esquire
14 West King Street
P.O. Box 1389
York, PA 17405-1389
For the Defendant
:mae
FRANKEL
CUNNINGHAM
STAMBAUGH
& ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK, PENNSYLVANIA ~7401
IN THE COURT OF COMMON PLEAS OF CUMI~ERLAND COUNTY,
PENNSYLVANIA
RITA M. FUGETT,
Plaintiff/Petitioner
VS,
NO. 02-1472
CIVIL ACTION - LAW
STEPHEN O. FUGETT CUSTODY
Defendant/Respondent
Pursuant to the attached Stipulation of the undersigned Parties, the
Court hereby enters this Qualified Protective Order pursuant to the Privacy
Rules implementing the HIPAA at 45 CFR §164.,"i12(e) for the purpose of
~ermitting a qualified psychologist/psychiatrist of Plaintiff's choice and at
Plaintiff's sole expense, to review Defendant's records of July 2003 from the
Carlisle Hospital and Philhaven facilities, and of September 2003, from the
Hershey Mediical Center, Polyclinic Hospital, Holy Spirit, and/or Pinnacle
Health System, under the following conditions:
1. In response to a discovery request or subpoena which is served under
the Rules of Civil Procedure, the counsel for Stephen O. Fugett, is permitted
to and shall obtain protected health information (hereinafter "PHI") from any
health care providers noted above (hereinafter "covered entity");
2. Counsel for Mr. Fugett shall provide appropriate releases to the
providers who shall be directed to deliver a copy of the records to the
psychologist/psychiatrist (hereinafter "mental health care provider") at
Guidance Associates selected by Ms. Fugett and her counsel. The mental
health care provider shall not copy, duplicate or lin any manner share or
disclose the i,nformation, verbally or in writing, to any third party, including
but not limited to Ms. Fugett or her counsel except that the mental health
care provider may generate a written report in which he/she details any
specific finding which, in his/her opinion, renders it unsafe for Mr. Fugett to
exercise custodial contacts or which would require steps to insure the safety
FRANKEL
CUNNINGHAM
STAMBAUGH
& ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK, PENNSYLVANIA 17401
of the child. Said mental health care provider shall issue his/her report to
counsel for Mr. Fugett and Ms. Fugett simultaneously.
3. The parties to the stipulation and/or their counsel are prohibited from
using any PHI obtained with this Qualified Protective Order for any purpose
other than this litigation;
4. At the end of this litigation (including any end all appeals), the expert
will return the PHI to counsel for Mr. Fugett (including all copies made);
5. In conjunction with the prosecution and/or defense of this litigation,
the parties to the stipulation and/or their counsel and experts are not
permitted to re-disclose PHI to persons and/or entities including the
following: any party to the litigation, counsel for' any party to the litigation,
(except as noted herein) non-expert witnesses providing medical testimony,
expert witnesses (except that Mr. Fugett may disclose information to an
expert or experts if he so chooses), or counsel for any non-party to the
litigation;
6. Any person or entity who receives PHI pursuant to this Qualified
Protective Order is prohibited from using the PHI for any purpose other than
this litigation;
7. Any person or entity who receives PHI pursuant to this QPO must
return the PHI counsel for Mr. Fugett (including all copies made) at the
conclusion of the litigation or his/her involvement therein;
8. It is understood that the entry of this Qualified Protective Order does
not preclude the parties to this Stipulation and/or their counsel from filing
objections to discovery requests and/or subpoenas in accordance with the
applicable Rules of Civil Procedure. The parties acknowledge that Mr Fugett
has objected to the subpoenas issued for this inf'ormation and that said
subpoenas shall not be issued by counsel for Ms.. Fugett;
FRANKEL
CUNNINGHAM
STAMBAUGH
&ASSOCIATES
A~rORN EY$ AT LAW
14 WEST KING STREET
YORK, PENNSYLVANIA 17401
9. Notwithstanding this Qualified Protective Order, Mr. Fugett may, via a
written authorization, permit his counsel to retai~ PHI obtained pursuant to
this Order even after the litigation has ended.
BY THE CO
Edward Guido, Judge
FRANKEL, CUNNINGHAM, STAMBAUGH
& ASSOCIATES
October 20, 2003
The Honorable Edward E. Guido
Cumberland County Court of Common Pleas
I Courthouse Square
Carlisle, PA 17013
RE: Fugett v. Fugett
02-1472
Dear Judge Guido:
Enclosed please find the order which both counsel agree is appropriate for the court
to enter and which comports with the direction the court provided during our
telephone conference of October 17, 2003.
I have provided several copies which we ask be conformed, time-stamped and
return in the self-addressed envelopes I have provided for both counsel.
Please advise if the~re are any questions or concerns in executing this order.
Very truly yours,
DWC/dc
CC:
S. Fugett, Esquire w/enc
N. Staley-O'Gorman, Esquire w/enc
RITA M. FUGETT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : No. 02-1472
STEPHEN O. FUGETT, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
PETITION TO COMPEL MENT~_L EXAN/iNATION AND
RELEASE OFMEDICAL RECORDS
AND NOW, comes Petitioner, Rita M. Fugett, by and through
her attorneys, Purcell, Krug and Haller, and files the following
Petition to Compel Mental Examination and Release of Medical
Records:
captioned action (hereinafter "Mother").
2. Respondent is Stephen O. Fugett,
captioned action (hereinafter "Father").
Fugett,
4.
Petition
Petitioner is Rita M. Fugett, Plaintiff in the above
Defendant in the above
The parties are the parents of the minor child Nina M.
age six.
On September 15, 2003, Mother filed an Emergency
for Modification of Custody as Father had attempted
suicide at least twice
history of mental illness.
5. At the time the Emergency Petition was
parties shared physical custody and
unsupervised.
6. A brief hearing was held on
in the previous three months and had a
filed, the
Father's visits were
September 23, 2003 before
the Honorable Edward E. Guido,
attached hereto
7.
records,
The Court also ordered all of Father's periods
be supervised.
following which the Orders
as Exhibits "A" and "B" were entered.
The Court ordered release of a limited number of
to be reviewed only by Dr. Stanley Schneider, Ph.D..
of visitation to
8. The Court indicated that a broader record review would
be permitted, to include review by Mother's counsel, if Dr.
Schneider determined that there was any merit to Mother's
concerns.
9. Thereafter, Father's medical records from Carlisle
Regional Medical Center, Philhaven, Hershey Medical Center,
Pinnacle Health
reviewed by Dr.
System and Holy Spirit Hospital were received and
Schneider.
10. On April 15, 2004, Dr. Schneider issued his report.
expressed concern about a "long history of psychological,
psychiatric and substance abuse problems" and with Father's
"reported noncompliance with recommendations - at least through
September 2003." A true and correct copy of Dr. Schneider's
letter is attached hereto and made part hereof as Exhibit "C".
11. Dr. Schneider also advised that "it appears prudent,
based on a review of these records, to get an update of Mr.
Fugett's current status and maintain supervised contacts between
Mr. Fugett and his child until more current, updated information
He
2
can be obtained."
12. Based on this report, counsel for Mother requested
voluntary release of Father's mental health records. A true and
correct copy of counsel's letter is attached hereto and made part
hereof as Exhibit "D".
13. Father has ignored this request, and now states an
intention to petition the Court to remove the supervision
requirement. A true and correct copy of his counsel's letter is
attached hereto and made part hereof as Exlhibit "E".
14. Mother requests the Court to order Father to disclose
the identity of all individuals, facilities and hospitals
conducting mental health evaluations, examination or treatment.
15. Mother requests the Court to order release of all such
records to her counsel.
16. Mother requests the Court to order Father to
participate in a full evaluation to assess his mental health and
to determine the extent of custodial contact that is in the best
interest of the child.
17. Mother does not have the financiai resources to pay for
the cost of records, the cost of an evaluation or the cost of
this litigation. In view of Father's insistence on unsupervised
contact, she respectfully requests the Court to order him to pay
all of these expenses.
WHEREFORE, Petitioner, Rita M. Fugett, respectfully requests
this Honorable Court to grant the relief requested herein.
Date: June 16, 2004
PURCELL, KRUG AND HALLER
BY~hol~T~.~taS~O,~orman,
~D #7986~ I)
11719 North Fron%/Street
IHarrisburg, PA 17102
'717 234-4178
Esquire
4
RITA M. FUGETT
V
STEPHEN O. FUGETT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1472 CIVIL TERM
CIVIL ACTION - CUSTODY
IN RE: EMERGENCY PETITION
ORDER OF COURT
AND NOW, this 23rd day of September, 2003, based
upon the emergency petition filed by mother and the answer filed
by father, and having taken limited testimony and having heard
from Counsel, it is hereby ordered and directed as follows:
The parties shall maintain the status quo with
regard to the custody of the child. Provided, however, that
father shall not be alone with the child under any circumstances
whatsoever during his periods of custody. Paternal grandmother
or paternal step-grandfather must be in the presence of the child
at all times.
The father has agreed to allow his medical
records to be provided to an expert of choice by mother. He is
not waiving any privacy interest therein, except as may be set
forth in a future order of this Court.
Counsel are directed to submit a stipulated order
with regard to father's privacy interests wil~hin 10 days of
today's date. If the parties are unable able to agree, Counsel
shall each submit their proposed order, and we will schedule a
Conference call to resolve the issue.
By the Court,
Edwa~ard E. c]uido, J.
N~chole M. Staley O'Gorman,
/1719 N. Front Street
Harrisburg, PA 17102
For the Plaintiff
Esq.
Darryl W. Cunningham, Esquire
14 West King Street
P.O. Box 1389
York, PA 17405-1389
For the Defendant
:mae
TRUE COPY FROM RECORD
Tss~m,=~ wher~, I h~re unto s~ my ~ano
/ Protnonomr~
TF[E
DSED
iN TWENTY {20) DAYS FROM
CE HEREOF OR A JUDGMENT
BE ENTERED AGAINST YOU
!
ATTORNEY
RITA ~, FUGETT,
Plaintiff/Petitioner
ATTO~I~EYS ~T
NO. 02-1472
VS,
STEPHEN O. FUGETT
Defendant/Respondent
CIVIL ACTION - LAW
CUSTODY
Pursuant to the attached Stipulation of the undersigned Parties, the
Court hereby enters this Qualified Protective Order pursuant to the Privacy
Rules implementing the HIPAA at 45 CFR §164.512(e) for the purpose of
a qualified psychologist/psychiatrist of Plaintiff's choice and at
Plaintiff's sole expense, to review Defendant's records of July 2.003 from the
Carlisle Hospital and Philhaven facilities, and of September 2003, from the
Hershey Medical Center, Polyclinic Hospital, Holy Spirit, and/or Pinnacle
Health System, under the following conditions:
FRAN~EL
CUNNINGHAM
STAMBAUGH
& ASSOCIATES
ATrORNE¥S AT L4W
In response to a discovery request or subpoena which is served under
the Rules of Civil Procedure, the counsel for Stephen O. Fugett, is permitted
to and shall obtain protected health information (hereinafter "PHI") from any
health care providers noted above (hereinafter "covered entity");
2. Counsel for Mr. Fugett shall provide appropriate releases to the
providers who shall be directed to deliver a copy of the records to the
psychologist/psychiatrist (hereinafter "mental health care provider") at
Guidance Associates selected by Ms. Fugett and her counsel. The mental
health care provider shall not copy, duplicate or in any manner share or
disclose the information, verbally or in writing, to any third party, including
but not limited to Ms. Fugett or her counsel except that the mental health
care provider may generate a written report in which he/she details any
specific finding which, in his/her opinion, renders it unsafe for Mr. Fugett to
exercise custodial contacts or which would require steps to insure the safety
FRANKEL
CUNNINGHAM
STAblBAUGH
&ASSOCIATES
~TToRi~Eys AT LAW
the c;~ild. Said mental health care provider shall issue his/her report to
counsel for Mr. Fugett and Ms. Fugett simultaneously.
3. The parties to the stipulation and/or their counsel are prohibited from
using any PHI obtained with this Qualified Protective Order for any purpose
other than this litigation;
4. At the end of this litigation (including any and all appeals), the expert
will return the PHI to counsel for Mr. Fugett (including all copies made);
5. In conjunction with the prosecution and/or defense of this litigation,
the parties to the stipulation and/or their counsel and experts are not
permitted to re-disclose PHI to persons and/or entities including the
following: any party to the litigation, counsel for any party to the litigation,
{except as noted herein) non-expert witnesses providing medical testimony,
expert witnesses {except that Mr. Fugett may disclose information to an
expert or experts if he so chooses), or counsel for any non-party to the
litigation;
6. Any person or entity who receives PHI pursuant to this Qualified
Protective Order is prohibited from using the PHi for any purpose other than
this litigation;
7. Any person or entity who receives PHI pursuant to this QPO must
return the PHI counsel for Mr. Fugett (including all copies made) at the
conclusion of the litigation or his/her involvement therein;
8. It is understood that the entry of this Qualified Protective Order does
not preclude the parties to this Stipulation and/or their counsel from filing
objections to discovery requests and/or subpoenas in accordance with the
applicable Rules of Civil Procedure. The parties acknowledge that Mr Fugett
has objected to the subpoenas issued for this information and that said
subpoenas shall not be issued by counsel for Ms. Fugett;
9. Notwithstanding this Qualified Protectiva Order, Mr. Fugett may, via a
written authorization, permit his counsel to retain PHI obtained pursuant to
this Order even after the litigation has ended.
Edward Guido, Judge
FRANKEL
JNNINGHAM
FA/~BAUGH
~$$OC;ATE$
TRUF. COPY FROM RECORD
In Testln~:ny whereof, I here unto set my hand
8n~he seal of s~id Court a:LCar, Jisle~ Pa.
, -
GUIDANCE ASSOCIATES OF PENNSYLVANIA
412 Erford Road, Camp Hill, PA 17011 (717) 732-2917; FAX: (717) 732-5375 Stanley E. Schneider, Ed.D.
475 West Governor Road, Hershey, PA 17033 (717) 533-4312 Director
April 15, 2004
Nichole M. Staley O'Gorman, Esquire
Purcell, Krug and Hailer
1719 North Front Street
Harrisburg, PA 17102-2392
Darryl W. Cunningham, Esquire
Menges, McLaughlin, Cunningham, and Kalasnik, LLP
145 East Market Street
York, PA 17401
RE:
Fugett v Fugett
Cumberland County Court of Common Pleas
No. 02-1472
Custody Action - Law
Custody
Dear Attorneys:
Pursuant to the Court Order of October 23, 2003, I reviewed Mr. Fugett's hospital
records. Records reviewed were from Carlisle Regional Medical Center, Philhaven
Hospital, Hershey Medical Center, Pinnacle Health System and Holy Spirit Hospital.
The Court Order states that the undersigned "... may generate a written report in which
he/she details any specific finding which, in his/her opinion, renders it unsafe for Mr.
Fugett to exercise custodial contacts or which would require steps to insure the safety
of the child." The Order further directs that the report be issued to both attorneys.
Although the Order does not specifically include records reflecting treatment prior to
2003, I was provided records from Philhaven reflecting their contact with Mr. Fugett in
February/March 2002. They have been referred to in subsequent medical records but
will not be specifically included in this report.
On July 30, 2003, Mr. Fugett was seen at the Carlisle Regional Medical Center
because of an overdose of Clonazepam (Klonopin), his mother's prescribed anti-
IiEXHIBIT
Fugett v Fugett
Page 2
anxiety medication. After ingesting the medication, he reportedly asked his mother if
he took enough to kill himself. He also had alcohol on his breath. This was identified
as a suicide attempt. He was accepted at Philhaven, voluntarily admitting himself then
refusing to be admitted.
Mr. Fugett was admitted to the Hershey Medical Center on September 4, 2003 as the
result of an automobile accident in what appeared to be an alcohol-related incident.
Those records reflect that he was admitted as a result of a vehicular rollover while
driving under the influence of alcohol. He received a DUI charge. The Hershey
Medical Center's records refer to his hospitalization at I"hilhaven in the winter of 2002.
The Hershey records note Mr. Fugett having experienced chronic suicidality since
teenage years. There is a question of his abusing alcoho while in law school. There is
a question of his using marijuana.
In September, 2003, Mr. Fugett was diagnosed as having intermittent suicidality,
alcoholism, obsessive compulsive disorder, and auditory halluc nations.
The Hershey records reflect that there is a positive family history for mental health
issues. Reportedly, his mother suffers from anxiety and depression; his father from
alcoholism and depression.
They noted that he had also been in outpatient therapy since in his twenties. They
refer to his having intrusive and upsetting thoughts whiclh are not realistic, misusing
alcohol and marijuana, and a chronic desire to die.
He had a medical work up at Hershey. He was placed on Fluoxetine (Prozac) 60 mg
and Concerta 18 mg. It was noted that he was stable upon discharge. He had surgery
on his left humerus with part of a finger amputated following his automobile accident.
He was prescribed Vicodin, Colace, Protonix, and Indomethacin. He was referred to
Pinnacle, Polyclinic Hospital, for psychiatric treatment.
Review of the Pinnacle records reflect his being admitted on September 10, 2003. On
that occasion, mental health professionals diagnosed him as having an obsessive,
compulsive disorder with alcohol abuse and noted that he had been non-compliant with
psychiatric recommendations. They further note his having a recent divorce and a
DUI. His presenting problem in September 2003, reflects; the possible presence of
auditory hallucinations, depression, suicidal ideation, substance use, and an apparent
suicide attempt in July relating to his overdose of Klonopin.
Mr. Fugett was involved with an intensive outpatient program at Holy Spirit Hospital
which he began on September 16, 2003. Review of the records reflect random drug
and alcohol testing on September 17, September 24, October 3, October 11, October
13, October 15, and October 23. These tests were all negative for the presence of
alcohol or illicit drugs.
Fugett v Fugett Page 3
He was scheduled to see Rodney Benner at Mazzitti and Sullivan in Carlisle after
discharge from Holy Spirit Hospital's intensive outpatient program.
With respect to the question of whether it may be unsafe for Mr. Fugett to exercise
custodial contacts or steps to insure the safety of the child involved, it appears prudent,
based on a review of these records, to get an update of Mr. Fugett's current status and
maintain supervised contacts between Mr. Fugett and his child until more current,
updated information can be obtained. There is no clinical information since November
30, 2003. A concern relates to an apparently long history of psychological, psychiatric
and substance abuse problems with his reported noncompliance with recommendations
- at least through September 2003.
Respectfully,
Psychologist
SES/cs
HOWAP, D B KRUG
LEON P. HALl. ER
JOHN W
JILL M WINEK&
Bm.~w J. TYLE~
NiCHOL~ M. STAJ2y O'GORMAN
LAW OFFICES
Purcell, Krug & Hal/er
1719 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA I 7102-2392
TELEPHONE (717) 234-4178
FAX (717) 234-0409
May 10, 2004
Darryl W. Cunningham, Esquire
145 East Market Street
York, PA 17401
RE: FuGett v. Fucett
Dear Darryl:
I understand that your client quit or was fired from his
employment with the County. I also understand that the reason
this position terminated was because he was unable to handle the
stress involved. Mr. Fugett advised my client that he will soon
be entering private practice with an acquaintance. Rita has
asked me to relay that she is proud of Stephen for recognizing
when he is under too much pressure and reacting appropriately.
She is encouraged by this progress. ·
Nevertheless, in view of this development and Dr.
Schneider's. report, I think it is fair to say that your client's
mental health is still significantly at issue. I am requesting
that your client voluntarily provide an authorization which will
permit me to obtain copies of all of his mental health records.
I would also like to know the identity of all who conducted
evaluations or provided treatment relative to your client's
mental health before July, 2003 and since September, 2003. If
your client will not voluntarily provide this, I expect that we
will be petitioning the Court for an Order permitting us to do
SO.
Also, we need to address another ongoing problem. It
appears that your client frequently travels out of town overnight
during his periods of custody. My client is not learning of
these trips until after they occur. It is imperative that Mr.
Fugett provide an address and telephone number before the trip.
As a custodial parent, this is his obligation.
Darryl W. Cunningham,
Hay 10, 2004
Page 2
Esquire
It is my understanding your client intends to vacation in
Williamsburg, Virginia commencing July 17, 2004. It is my
further understanding that he intends to take Nina on that trip.
My client has repeatedly requested details concerning the
location of Mr. Fugett's intended stay. To date, she has
received no information. Please advise.
Please let me hear from you on these issues at your earliest
convenience.
NHSO/plk
cc: Rita
Fugett
Sincerely yo'nrs,
MENGES,
MCLAVGi- IN,
CUNNINGHAM,
K~LASNIK, ~t~
June 4, 2004
N. CHRISTOPHER MENGES
SHAWN p. MCLAUGHLIN
DARRYL W. CUNNrNGHAM
JOSEPH A. KALASNIK
ANDREW H. SH~W
NATHAN S. HENRiKSEN
SPECIAL COUNSEL:
FP~ED K]LGORE
Nichole/~. Staley O'Gorman, Esq.
1719 North Front Street
Harrisburg, PA 17102-2392
Re: Fugett v. Fugett
Dear Attorney O'Gorman:
I received your recent correspondence and had the opportunity to discuss it with AAr.
Fugget. Frankly, I disagree with your determination as to what should occur. The
court was quite clear in its prior discussion that unless Dr. Schneider found some
current pressing issue which would require AAr. Fugett to have supervised contacts, that
this matter would resolve and custody would revert back to the normal schedule.
Obvious[y, Dr. Schneider was provided all the information, none of which gave him that
basis. To continue to monitor and weigh the situation as it is would be directly in
contravention of the Judge's stated intentions.
Additionally, the realization that working in the Public Defender's Office was an
extreme stressor which was excessively contributing to some of the difficulties is not
something which should be viewed as a negative, but as a positive. Obviously, if you
have never worked in the criminal system, particularly in tlhe Public Defenders Office,
you would not understand the enormous practice pressures and case load, particularly
the prospect of having trials caUed for eight or ten cases 'in a one or two week time
frame, and being without the resources to investigate and properly prepare for much of
it. Rather than cause a problem, this change will alleviate a great deal of stress and
make
PLEASE REPLY To:
.~e145 EAST MARKET STREET
YOU'd, PA 17401
T~LEPHO~ (717) 843-8046
FAX (717) 854-4362
E-mail Yor k~ YogtLaw ~il~ ForLi~'e. co~
v~%~,v. You RLA wFI RM FORLi FE.COM
FI 211 Klmm~y COURT
SDrlE 8
HANOVE1L pA 17331
.......... Irlll I
E-{~ EXHIBIT
Fl 18 EASY KING STREET
2~ 3FIx~R
LANCASTER, PA 17602
TEL~PHOi, qE (717) 560-5068
FAX (717) 735-7709
E-mail ~L~-ncaster,~'YourLawFirm ForLi~.con)
June 1, 2004
Attorney O' 6orman
Page two
Mr. Fugett less likely to have difficulties. Certainly he shoutd not be punished for such
a decision utilizing such good judgment.
Based on the information provided to the court and the Judge's position at the hearing
from which the order emanated, we believe that your client should immediately agree
to the cessation of supervision and NV. Fugett return to unsupervised contact with his
daughter under the terms of the shared custody arrangement. I enclose a stipulation
for execution by you and your client which wi[[ result in the custody matter reverting
back to the original 50-50 split and vacating the courts prior order for supervision. If I
have not received the executed document by June 18, 2004 I will petition the court for
a hearing to have the order vacated.
I (ook forward to receiving the executed stipDlation.
V~'~,Tru[y Yours, /~
W. Cu in ha
DWC/sjw
Enc.
cc: Mr. Fugett
PLEASE REPLy TO:
[-I 145 EAST ]k4ARKET STREET
YORK, PA 17401
TELEPHONE (717) 843-8046
F~ (717) 854~362
E-m~l York~~Lif~.com
'~"%~76'.Yo u RLA WFIRM FO RL 1FE.CO y,i
~]211 ~¥ Corot
I-~OV~, pA 17331
TELEPHONE (7 ] 7) 632-1784
FAX (717) 632-2433
E-mail H~an.°ver~ YourLawFirmForLife.corn
TOLL F~EE !-~6..6- .a64.5~97
U} 18 EAST IQNG STREET
2~v FLOOR
LANCASTER, PA 17602
TELEPHONE (717) 560-5068
F~.X (717) 735-7709
E-mail Laneaster ~ YourLawFir~FqrLitE.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RITA M. FUGE~-I',
Plaintiff/Petitioner
VS.
STEPHEN O. FUGE~-F
Defendant/Respondent
NO. 02-1472
CIVIL ACTION - LAW
CUSTODY
.STIPULATION
And now this of June, 2004 comes the parties bind to their Attorney's
and farther stipulation, followinB bein~ a statement:
The parties hereto are the parents of a minor daughter, named Nina Marie
Fugett, born January 27, 1998.
In September 2003 the court temporarily required father's contacts to be under
the supervision of his mother, the paternal 8randmotlher.
By order dated October 23, 2003 mother's psychologist/expert, Dr. Stanley
Schneider was permitted to review father's medical and psychological records
to determine if there was a need for supervised contacts or a modification of
the custody arrangement.
By letter opinion dated April 15, 2004 Dr. Schneider failed to indicate such
pressing issues existed but that it maybe prudent to monitor the matter.
The parties a8ree that provisions requiring supervised custody of father with his
daughter should be removed and custody should revert to the existin[l order by
which the parties had an equal split of custody without supervision.
The parties note that they chan~ed the evenin~ schedule by mutual consent,
which wi[[ continue.
Therefore, the parties pray that Honorable Court enter an order vacatin8
supervision provisions and reinstatin8 the prior custody order.
Rita AA. FuBett
Stephen O. FuBett
Nicho[e AA Staiey O'Gorman, Esquire Darn/[ W. Cunninsham, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RITA M. FUGETT,
Ptaintiff/Petitioner
VS.
STEPHEN O. FUGETT
Defendant/Respondent
NO. 02-1472
CIVIL ACTION - LAW
CUSTODY
ORDER
AND NOW this day of June 2004 upon stiputation of the
parties, it is ordered directed and decreed that supervised contact between
father, Stephen FuBett and the minor child, Nina FuBett is hereby vacated and
the prior order of custody reinstated.
This order is effective immediately.
BY THE COURT
Edward Guido, Judge
_CERTIFICATE O_F SERVIC_~E
I, TRICIA KOWALCZYK, an employee of the law firm of Purcell,
Krug &Haller, Counsel for Plaintiff hereby certify that service
of the PETITION TO COMPELMENTA_L E~INATION~ND i~ELF~E OF
~DICAL P-ECO~DS was made on the following by REGULAR MAIL,
POSTAGE PRE-PAID on June 17, 2004:
Darryl W. Cunningham, Esquire
145 East Market Street
York, PA 17401
Attorney for Defendant
Tricia Kowalc2yk ~3~3--
RITA M. FUGETT, :
Plaintiff :
STEPHEN O. FUGETT, :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-1472
CIVIL ACTION LAW
IN CUSTODY
ORDER
consideration of Petitioner's Petition to Compel Ment~al n~... ~
Examination and Release of Medical Records, ~h~ f_~!!cl;i_-_~ L~.~f
nrante~: ~7~~'~ ~ ~~'~
'2.
r~-~'l'...~= ohall pay all Or Mo~er's counsel tees anu
th= ~=== milling lS malleG to his counsel.
Ai~{kO~.OHJ,Ob~d 3NJ. 30
IN THE COURT Of CO/~W~ON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RITA M. FUGE~-~,
PLaintiff/Petitioner
VS.
NO. 02-1472
CIVIL ACTION - LAW
CUSTODY
STEPHEN O. FUGETT :
Defendant/Respondent :
PETITION TO TERN~INATE THE SUPERVISION OF CUSTODIAL CONTACTS.
AND NOW, this of October, 2004, comes the Defendant, Stephen
O. Fu~ett, by his attorney's and files his petition to terminate the temporary
supervised contact order and reinstate the prior order of custody, the fotLowin~
bein~ a statement:
1.
The parties hereto are the parents of a minor daughter, Nina Marie
Fu~ett, born January 27, 1998.
2.
In September 2003, the court temporarily required father's contacts to
be exercised under the supervision of his mother, the paternal ~randmother.
3.
Mr. Fu~ett has been in counseLin~ with Stuart Stock, M.S.W., C.A.C. for
aLcohoL abuse and depression in conjunction with psychiatric oversight to
prescribe and monitor medications.
4.
By Letter opinion dated August 9, 2004 Mr. Stock has indicated that Mr.
Fu~ett can safely resume unsupervised contact with his daughter as Lon~ as he
refrains from drinkin~ and continues to be compliant with his treatment plan.
11.
Mr. Fugett proffered the necessary reteases and names of the treating
physicians but Mrs. Fugett opted not to provide the updated records to Dr.
Schneider.
Stuart Stock, M.S.W., C.A.C. has opined that Mr. Fugett is abte to
exercise appropriate custodial contact without supervision. His opinion letter
is attached hereto as Exhibit D.
Wherefore, Defendant/Petitioner prays that Honorabte Court enter an
order vacating the supervision provisions and reinstatin~ the prior custody
order. ~//~
(Respectfu[ty submitt~
Counse[ fol' Stephen
ID# 53306
145 East Market Street
York, PA 17401
717-843-8046 ext 1113
HOWAt~D B. KRUG
LEON ?. HALLER
JOHN W. PURCELL JR.
JiLL M. WINEKA
BP.~ J. 7'::::
NICHOLE M. STALEY O'GORMAN
LAW OFFICES
1719 NORTH FRONT STREI~T
HARRISBURG, PENNSYLVANIA 17102-2392
TE:~Pt-~ONE (717) 234-4178
FAX (717) 234-0409
HERSHEY
(717)533-3836
JOSEPH NtSSLEY(1910-1982)
JOHN W PURCELL Of Counsel
September 13, 2004
Darryl W. Cunningham, Esquire
145 East Market Street
York, PA 17401
RE: Fuqett v. Fucett
Dear Darryl:
I reviewed your proposed Stipulation with my client. The
terms were not acceptable, but enclosed herewith is a proposed
agreement that is acceptable to my client. If this is acceptable
to Mr. Fugett, please have him sign where indicated and return
the executed copy to me.
NMSO/plk
Enclosure
S,4ncerely,
yOUrS, /~
.~ rmaD.
Defendant's
Exhibit
RITA M. FUGETT,
STEPHEN O.
Plaintiff
FUGETT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-1472
CIVIL AC?ION - LAW
IN CUSTODY
CUSTODY AGREEMENT
AND NOW, come the parties to the abcve caption action,
and through their respective attorneys, and enter into the
following Custody Agreement:
by
1. The parties shall share legal custody of Nina M. Fugett,
born January 27, 1998. Each parent shall have an equal right, to
be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the child's general well-being
including, but not limited to, all decisicns regarding her
health, welfare, education, religious training and upbringing.
Pursuant to the terms of this paragraph, each parent shall be
entitled to all records and information pertaining to the child
including, but not limited to, school and medical records and
information. The parties shall keep each ether advised in the
event of serious illness or medical emergeu~cy concerning the
child and shall further take any necessary steps to ensure that
the health and well-being of the child is protected. During such
illness or medical emergency, the parties slhall have the right to
visit the child as often as he or she desires consistent with the
proper medical care of the child.
bo
e°
custody of the child in Segment A and Father
shall have Segment B. In odd numbered years,
Father shall have custody in Segment A and
Mother shall have Se~ent B.
~: Every year, Father shall have
custody of the
Thanksgiving at
at 3:00 p.m.
Thanksgiving
7:30 a.m.
Child from the Wednesday before
7:30 a.m. through Thanksgiving Day
and Mother shall have custody from
Day at 3:00 p.m. through Friday at
Easter: Every year, Mother shall have custody of
the child from the Saturday before Easter at 7:00
p.m. through Easter Sunday at 3:00 p.m., and
Father shall have custody from Easter Sunday at
3:00 p.m. through Monday at 7:30 a.m.
M__other's Da¥/Father,s Day: Every year, Mother
shall have custody Over the Mother's Day weekend
from Saturday at 7:00 p.m.
a.m. and Father shall have
Father's Day weekend on the
Monday schedule.
through Monday at 7:30
custody over the
same Saturday to
Hallowe ~_Trick-or Treat Ni,,]ht: In even numbered
years, Father shall have custody for Trick-or-
Treat night in his municipality if it falls during
2. The parties shall share physical custody of the child
according to the following schedule:
Every week, Mother shall have custody of the child
from Tuesday at 7:30 a.m. to Wednesday at 7:30
a.m. and from Thursday at 7:30 a.m. until Friday
at 7:30 a.m.;
Every week, Father shall have custody of the child
from Monday at 7:30 a.m. to Tuesday at 7:30 a.m.
and from Wednesday at 7:30 a.m. until Thursday at
7:30 a.m.;
c. The parties shall alternate custody of the child
on weekends from Friday at 7:30 a.m. through
Monday at 7:30 a.m.
3. The parties shall share physical custody of the child on
holidays as follows:
a o
Christmas: The Christmas holiday shall be divided
into two segments which shall occur as follows:
i. Segment A shall Start on December 24~h at
7:30 a.m. and end on Christmas Day at 12:00
p.m.;
ii.
Segment B shall start on Christmas Day at
12:00 p.m. and end on December 26~ at 12:00
p.m.
iii. In even numbered years, Mother shall have
a period of Mother's custody. Likewise, in odd
numbered years, Mother shall be entitled to
custody if the event occurs during Father's period
of custody.
f. ~h~ld's Birthda~f: The nonq-custodial parent shall
be entitled to have a period of custody with the
child on the child's birthday at times to be
arranged by agreement of the parties.
g. The holiday schedule shall Supercede and take
precedence Over the regular weekday/weekend
custody schedule.
4. Each party shall be entitled to have custody of the
child for one uninterrupted week (seven days) during the summer
school break each year upon providing at least thirty days
advance notice to the other party. Each party shall schedule his
or her period of vacation custody to begin on that party's
regular weekend custodial period. In the event the parties
choose the same dates, the party providing notice first under
this provision shall be entitled to preference on his or her
selection of vacation dates. The summer custody schedule shall
Supercede the regular weekday/weekend custody schedule.
5. Contemporaneously with the execution of this Agreement,
Father shall provide Mother with a written list containing the
name, address and telephone number of each of his Current mental
4
health treatment providers (ie. Counselors, psychologists,
psychiatrists, etc.). Thereafter, Father shall immediately
notify Mother of any provider addition or change.
6. Contemporaneously with the exec'ution of this Agreement,
Father shall execute a release in a form satisfactory to the
treatment provider which will enable Mother to obtain the
following regarding his mental health:
Father's CUrrent diagnosis and recommended
treatment;
bo
Any change in Father's diagnosis and recommended
treatment;
c. Information regarding Father's Compliance or
failure to comply with recommended treatment;
d. Any information the provider believes pertinent to
the health, Safety or well-being of the child.
Mother shall not be permitted to disclose information obtained
pursuant to this provision; except that Mother may disclose such
information to her Counsel or another mental health professional
for the purpose of evaluating the information received.
7. Father shall notify Mother immediately in the event he
is hospitalized for any matter pertaining to his mental health.
8. 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.
Bother parties shall ensure that third parties having Contact
with the child Comply with this provision.
9. During any period of custody or visitation,
not possess or use any controlled substance,
prescribed by his physician,
beverages.
Father shall
except those
and shall not consume alcoholic
10. The parties agree that {his Agreement shall be entered
as an order of Court, SUperceding all prior orders. The parties
may modify the provisions of this Agreement by mutual consent or
by appropriate petition to the Court. In the absence of mutual
agreement or a subsequent order of Court, the terms of this
Agreement shall control.
WITNESS:
Stephen O. Fugett
Rita M. Fugett
Date
MENGES,
MCLAvo} LiS,
CUNNINGHAM,
KALASNIK, LLP
N. CHRISTOPHER MENGES
SHAWN p. MCLAUGHLIN
DARRYL W. CUNNINGHAM
JOSEPH A. I~LASNIK
GUNNAR L. ARMSTRONG
NATHAN S. HENRIKSEN
,~PECIAL COUNSEL:
FRED KILGORE
September 20, 2004
Nichole M. Staley O'Gorman, Esq.
1719 North Front Street
Harrisburg, PA 17102-2392
Re: Fugett v. Fugett
Dear Attorney O'Gorman:
I have reviewed your proposed stipulation with Mr. Fugett .and find parts of it
absolutely unacceptable. However, we have worked out language which can remedy
the obvious impropriety of your proposal and altow this to come to an end which is long
overdue.
Paragraph six must be changed to read as follows:
Any mental health provider who treats Father shall immediatety contact mother, in
writing, advising of any substantial non-comptiance with Father's treatment program
which impacts on his ability to exercise unsupervised custodial contacts with the child.
The mental health provider shall also contact Mother to advise of any termination in
treatment and shall state if the termination of care was recommended by the mental
health provider or not. The mental health provider shall also advise mother of any
change of primary mental health care providers. Father shall execute all appropriate
releases to allow each pertinent mental health provider to release this information and
shatl include in that release a directive to the provider to provide this information.
Mother shalt be responsible to advise each of the mental health providers with all
changes in her contact information. Nothing in this paragraph shal[ be construed so as
to allow Mother to obtain any information other than that noted herein. Nichole M.
PLEASE REPLy To:
45 EAST MARKET STREET
YORK, PA 17401
TELEPHONE (717) 843-8046
F,~X (717) 854-4362
E-mail Yorl~(h)yoUr_Lawl..ir!nForLjfe.com_
www. YOURLAWFIRMFORLiFE .COM
~ 211 KENNEDY COURT
SUITE 8
HANOVER, PA 17331
TELEPHONE (717) 632-1784
Defendant's Lfe.c0 .m_
Exhibit 97
~118 EAST KING STP. EET
2N° FLOOR
LAWCAST~R, pA 17602
TELEPHONE (717) 560-5068
FAX (7 l 7) 735-7709
E-mail Lan casterC~YourLawFirmForLi re.corn
Sta[ey O'Gorman, Esq
Fugett v. Fugett
September 20, 2004
Page - 2 -
Contemporaneous with the execution of this agreement, Father shall provide to Mother
the name and contact information of each mental health provider with whom he is now
treating.
Ver ,itru! , ,o rs, " lt ..........
Darry~ W. Cunn~gham,
DWC/sjw
cc: Mr. Fugett
PLEASE I~EPLY TO:
~ 145 EAST MARKET ST/LEET
YOP-K, PA 17401
TELEPHONE (717) 843-8046
FAX (717) 854-4362
E-mail Yo r k-~--~Your/~ awFi~_~ F~orLi fe.¢9.m_
WWW.YOURLAWFiRMFORLiFE.COM
F'I 211 KENNEDY COURT
SUITE 8
I~,qNOVER, PA 17331
TELEPHONE (717) 632-1784
F~,x (717) 632-2433
E-mail ~YourLaw~FirmForLife.cm]!
TOLL FREE 1"866-464-5297
~l 18 EAST KI2qO STP.~EET
2~ FLOOR
LANCASTER, PA 17602
TELEPHONE (717) 560-5068
FAN (717) 735-7709
E-mail Lancaster a YourLawFirmForLife.com
LAW OFFICES
719 NOR'fa FRONT STREET
'F~L~)')JONE (717) 234-4178
FAX (717) 23g-0409
September 21, 2004
VIA FAX 717 854-4362 AND REGULAR M]%iL
Darryl W, Cunningham, Esquire
145 East Market Street
York, PA 17401
RE: ~ucett v. Fuqett
Dear Darryl:
I am pleased that we appear to be coming closer to a
~esolution, but the proposal made in your September 20, 2004
letter is still net acceptable. We cannot agree to any order
which doe~ not permit Ms. Fugett to contact your client's
treatment providers, by phone or in writ' ,
information about his core =~ ~ ~ lng, to obtain
health, safety and well-~~ ~r~ment, as it pertains to
~now about any diacnosis ..... =~_ ~c~.d. She ~oes no~ care to
child, so ~f you ~ ~ ~--ment u~=t does not affect the
are concerned that she will learn more than she
needs to know, I am sure we can fine-tune that part of my
proposal. However, each treatment provider must be given
authority to discuss With my client matters which he or she
reasonably b ~'
e~leVes affect the child.
Your proposal places the burden upon the treatment providers
to contact Ms. Fuceut, and it is simply not realistic to expect
that they will co~ply. Since they are not > - '
~a=tles to this
action, their compliance would be completely voluntary. I would
point ou~ that the e~isting order calls for Ms. Fuget= to receive
written statements from treatment providers. She has not
received one in the two and a half years sinc~ that order was
entered.
If we can agree to something along these lines, please let
me know,
NMS0/plk
Defendant's
Exhibit
TOTFIL p, 01
HOLY
Tt e Spirit of Caring
8/9/2004
Smart H. Stock, M.S.W., C.A.C.
Holly Spirit Behavioral Health
890 Poplar Church Rd.
Camp Hill, Pa. 170i 1
Darryl W. Curmingham, Attorney
145 E. Market St.
York, Pa. 17401
Dear Mr. Cunningham:
I am writing in regard to Mr. Stephen Fugett and his ability to see his daughter in an
unsupervised situation. In my professional opinion, so long as Mr. Fugett refrains from drinking
alcohol and continues with his medication and treatment plan, there is no reason he should not
see his daughter without supervision. So far as I can ascertain, Mr. Fugett has been compliant in
the areas mentioned above. If you have further questions, feel fi'ee to contact me at 972-4866
Sincerely,
Stuart H. Stock M.S.W., C.A.C.
A Serwce of Holy Spirit ,Health System
~OJ North zlsr brreet · (~amp !~l~ll, ~ l~I]-~-u~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RITA M. FUGET[,
Plaintiff/Petitioner
VS.
STEPHEN O. FUGETf
Defendant/Respondent
NO. 02-1472
CIVIL ACTION - LAW
CUSTODY
~RDER
AND NOW, this ~ _ day of October, 2004, a heating in the above
captioned matter is scheduled for the
day of-~Dztz, ber, 2004 at ~.~0/~ .M
in Courtroom #
1045
Edward Guido, Judge
RITA M. FUGETT,
Plaintiff
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 02-1472
:
: CIVIL ACTION - LAW
: IN CUSTODY
RESPONSE TO PETITION TO TEP4~INATE SUPERVISION
OF CUSTODIAL CONTACTS
AND NOW, comes Respondent, Rita M. Fugett, by and through
her attorneys, Purcell, Krug and Haller, and files the following
Response to the Petition of Stephen O. Fugett to terminate
supervision of his custodial contacts:
1. Admitted.
2. Denied as stated. The order speaks for itself. In
further response, the order required supervision by paternal
grandmother or paternal step-grandfather.
3. Denied. Respondent is without knowledge or information
sufficient to form a belief as to the truth of the matter
asserted and strict proof is demanded. Prior to receipt of this
letter, Mother was never informed that Mr. Stock was providing
treatment to Father.
4. Denied as stated.
5. Denied. Mother does not object to the removal of the
supervision restriction in view of Mr. Stock's recormmendation.
However, the history of this case requires that additional
measures be implemented to ensure that Mother has timely
Mr. Stock's letter speaks for itself.
information about Father's mental health, as it relates to the
well-being of the child. Father's medical records reflect that
he has not been compliant with treatment in the past. (See Dr.
Stanley Schneider's letter, attached hereto as Exhibit "A").
Father has been very secretive about his mental health and has
failed to provide Mother with timely information about drug
overdoses, suicide attempts and an alcohol related auto accident.
It was paternal grandfather who first alerted Mother to some of
these events, since it was apparent that Father was never going
to do so. Father has since admitted to Mother that, "I don't
want what I am thinking to rub off on Nina." Even though the
current (5/14/02) custody order requires Father to provide Mother
with written statements about his treatment from his treatment
providers, he has never done so.
6. Admitted.
7. Denied as stated. The Court's attention is directed to
Mother's proposed custody order and her attorney's letter,
attached to Father's petition as Exhibits "A" and "C". Mother is
not requesting an unfettered right of access, she is simply
requesting the right to obtain information which affects the
welfare of her child.
8. Denied as stated. The minor's best interests override
any interest Father has in the "sanctity" of his counseling
relationship. Father's proposal is unworkable inasmuch as
2
compliance by treatment providers would be voluntary. There is
no indication that they are even willing to accept this
responsibility. While Mother wants Father's treatment providers
to contact her in the event circumstances arise which render
unsupervised contact inappropriate, she also wants the right to
contact them on her own to be sure that no such circumstances
exist.
9.
10.
Admitted for the reasons set forth herein.
Denied as stated. Father has oversimplified the
Court's statements to imply that this issue is as simple as
supervision or no supervision.
11. Denied. No releases were provided. However, Mother
declined review of the records, as she cannot afford the expense.
In further response, Mother is not objecting to unsupervised
visitation provided that she has access to Father's treatment
providers to be sure that unsupervised visits continue to be in
the best interest of the child.
12. Denied as stated. The recommendation of Mr. Stock was
conditioned upon Father's future abstention from alcohol and
compliance with medication and treatment plans. Mother is
requesting that the custody order include provisions which will
allow her to stay abreast of these issues.
WHEREFORE, Respondent respectfully requests this Honorable
Court to enter an order consistent with the one attached to
Father's Petition as Exhibit "A".
Date: IO/~.,O~]/O~.
N
I
P ]RCELL, KR
~t~ole M.
%79866
~G &
~Uley'
Drman, Esquire
R
1719 North Front Street
Harrisburg, PA 17102
717 234-4178
4
GUIDANCE ASSOCIATES OF PENNSYLV 2qlA
412 Erford Road, Camp Hill, PA 17011 (717) 732-2917; FAX: (717) 732-$375 Stanley E. Schneider,
475 West Governor Road, Hershey, PA 17033 (717) 533-4312 Director
April 15, 2004
Nichole M. Staley O'Gorman, Esquire
Purcell, Krug and Hailer
1719 North Front Street
Harrisburg, PA 17102-2392
Darryl W. Cunningham, Esquire
Menges, McLaughlin, Cunningham, and Kalasnik, LLP
145 East Market Street
York, PA 17401
RE:
Fugett v Fugett
Cumberland County Court of Common Pleas
No. 02-1472
Custody Action - Law
Custody
Dear Attorneys:
Pursuant to the Court Order of October 23, 2003, I reviewed Mr. Fugett's hospital
records. Records reviewed were from Carlisle Regional Medical Center, Philhaven
Hospital, Hershey Medical Center, Pinnacle Health System and Holy Spirit Hospital.
The Court Order states that the undersigned "... may generate a written report in which
he/she details any specific finding which, in his/her opinion, renders it unsafe for Mr.
Fugett to exercise custodial contacts or which would require steps to insure the safety
of the child." The Order further directs that the report be issued to both attorneys.
Although the Order does not specifically include records reflecting treatment prior to
2003, I was provided records from Philhaven reflecting their contact with Mr. Fugett in
February/March 2002. They have been referred to in subsequent medical records but
will not be specifically included in this report.
On July 30, 2003, Mr. Fugett was seen at the Carlisle Regional Medical Center
because of an overdose of Clonazepam mother's prescribed anti-
Fugett v ~ugett 'Page'2
anxiety medication. After ingesting the medication, he reportedly asked his mother if
he took enough to kill himself. He also had alcohol on his breath. This was identified
as a suicide attempt. He was accepted at Philhaven, voluntarily admitting himself then
refusing to be admitted.
Mr. Fugett was admitted to the Hershey Medical Center on September 4, 2003 as the
result of an automobile accident in what appeared to be an alcohol-related incident.
Those records reflect that he was admitted as a result of a vehicular rollover while
driving under the influence of alcohol. He received a DUI charge. The Hershey
Medical Center's records refer to his hospitalization at Philhaven in the winter of 2002.
The Hershey records note Mr. Fugett having experienced chronic suicidality since
teenage years. There is a question of his abusing alcohol while in law school. There is
a question of his using marijuana.
In September, 2003, Mr. Fugett was diagnosed as having intermittent suicidality,
alcoholism, obsessive compulsive disorder, and auditory hallucinations.
The Hershey records reflect that there is a positive family history for mental health
issues. Reportedly, his mother suffers from anxiety and depression; his father from
alcoholism and depression.
They noted that he had also been in outpatient therapy since in his twenties. They
refer to his having intrusive and upsetting thoughts which are not realistic, misusing
alcohol and marijuana, and a chronic desire to die.
He had a medical work up at Hershey. He was placed on Fluoxetine (Prozac) 60 mg
and Concerta 18 mg. It was noted that he was stable upon discharge. He had surgery
on his left humerus with part of a finger amputated following his automobile accident.
He was prescribed Vicodin, Colace, Protonix, and Indomethacin. He was referred to
Pinnacle, Polyclinic Hospital, for psychiatric treatment.
Review of the Pinnacle records reflect his being admitted on September 10, 2003. On
that occasion, mental health professionals diagnosed him as having an obsessive,
compulsive disorder with alcohol abuse and noted that he had been non-compliant with
psychiatric recommendations. They further note his having a recent divorce and a
DUI. His presenting problem in September 2003, reflects the possible presence of
auditory hallucinations, depression, suicidal ideation, substance use, and an apparent
suicide attempt in July relating to his overdose of Klonopin.
Mr. Fugett was involved with an intensive outpatient program at Holy Spirit Hospital
which he began on September 16, 2003. Review of the records reflect random drug
and alcohol testing on September 17, September 24, October 3, October 11, October
13, October 15, and October 23. These tests were all n,egative for the presence of
alcohol or illicit drugs.
Fugett v ~ugett 'Page '3
He was scheduled to see Rodney Benner at Mazzitti and Sullivan in Carlisle after
discharge from Holy Spirit Hospital's intensive outpatient program.
With respect to the question of whether it may be unsafe for Mr. Fugett to exercise
custodial contacts or steps to insure the safety of the child involved, it appears prudent,
based on a review of these records, to get an update of Mr. Fugett's current status and
maintain supervised contacts between Mr. Fugett and his child until more current,
updated information can be obtained. There is no clinical information since November
30, 2003. A concern relates to an apparently long history of psychological, psychiatric
and substance abuse problems with his reported noncompliance with recommendations
- at least through September 2003.
Respectfully,
Psychologist
SES~s
VERIFICATION
I, Rita Fugett
· hereby verify that the
facts contained in the foregoing Response to Petition to Terminate
Supervision of Custodial Contacts
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. Section 4904, relating
to unsworn falsification to authorities.
Date: 10/28/04
CERTIFICATE OF SERVICE
I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug & Hailer, counsel
for Plaintiff, hereby certify that service of the foregoing Response to Petition to Terminate
Supervision of Custodial Contacts was made upon the following via both First-Class Mail,
Postage Prepaid and Facsimile to:
Darryl W. Cunningham, Esquire
145 East Market Street
York, PA 17401
FAX (717) 854-4362
Tricia Kowalczyk
RITA M. FUGETT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS : NO. 02-1472
STEPHEN O. FUGETT, : CIVIL ACTION -- LAW
Defendant/Respondent : IN CUSTODY
IN RE: HEARING ON PETITION
ORDER OF COURT
AND NOW, this 1st day of November, 2004, hearing on
the Father's petition for special petition to terminate the the
supervision of custodial contacts is continued generally pending a
receipt of the stipulation from the parties.
Edward E. Guido, J.
Nicole M. Staley O'Gorman, Esquire~
For Plaintiff/Petitioner ~,/
Darryl W. Cunningham, Esquire
For Defendant/Respondent
RITA M. FUGETT,
Plaintiff
Vo
STEPHEN O. FUGETT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 02-1472
:
: CIVIL ACTION - LAW
: IN CUSTODY
AND NOW, this ~'' day of ~~er, 2004, the parties
agree to the entry of a Court Order as follows:
1. The Court's Order dated September 23, 2003 requiring Mr.
Fugett's supervised periods of custody with the parties'
daughter, Nina Marie Fugett, ("child") born January 27, 1998, is
hereby vacated and the prior custody order dated May 14, 2002 by
which the parties share custody is reinstated with the amendments
set forth herein.
The parties' weekday custodial periods shall be as
follows:
o
Every week, Mother shall have custody of the child
from Tuesday at 7:30 a.m. to Wednesday at 7:30
a.m. and from Thursday at 7:30 a.m. until Friday
at 7:30 a.m.
Every week, Father shall have custody of the child
from Monday at 7:30 a.m. to Tuesday at 7:30 a.m.
and from Wednesday at 7:30 a.m. until Thursday at
7:30 a.m.
3. Father shall provide a release to inis mental health care
providers (currently Stuart Stock and Silvestre de la Cruz,
M.D.), permitting each to disclose to Ms. Fugett the following:
1. Any change in mental health care provider;
2. Any change which affects the propriety of
unsupervised custodial contacts by Mr. Fugett; and
3. Whether or not Mr. Fugett is in substantial
compliance with the treatment and medications
prescribed.
Mr. Fugett will periodically attempt to obtain this information
as Ms. Fugett may request. In the alternative, Ms. Fugett may
request this information directly from the provider, in writing.
In either event, the provider shall provide a copy of the written
response to Mr. Fugett and his counsel. If at any time Ms.
Fugett believes a response to her inquiry to the provider is
unjustifiably delayed (more than two weeks), she or her counsel
will contact Mr. Fugett or his counsel to allow them the
opportunity to obtain the response. In the event circumstances
arise which Ms. Fugett believes in good faith necessitate an
immediate response, Ms. Fugett may withhold custodial contacts.
Nothing herein shall prevent the Court from sanctioning Ms.
Fugett if it finds she withheld custodial contacts in bad faith.
4. Mr. Fugett will not consume illicit drugs at any time.
Mr. Fugett will not consume alcohol at any time as long as such
2
remains the recommendation of his mental health treatment
provider, a fact which he or she shall be permitted to disclose
to Ms. Fugett. In the event Mr. Fugett's mental health treatment
provider authorizes consumption of alcohol, Mr. Fugett will not
consume it during any period of custody.
5. Mr. Fugett will advise Ms. Fugett, in writing, of all
changes in mental health care providers within seventy-two (72)
hours of the change.
6. Mr. Fugett will promptly notify Ms.. Fugett of all
hospitalizations regarding mental health issues.
7. All terms of the prior orders of court, to the extent
inconsistent with this order, are hereby vacated.
Edward Guido, Judge
11 :*3 !-,IV ;~-330 ~ordz