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HomeMy WebLinkAbout06-3624John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff ERIC J. DESROSIERS, Plaintiff v. SUSAN E. SAMUELS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN/NSYLVANIA CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff is Eric J. Desrosiers, residing at 808 Michigan Avenue, Lemoyne, Pennsylvania 17043. 2. The Defendant is Susan E. Samuels, residing at 103 Juniper Drive, Camp Hill, Pennsylvania 17011. 3. Plaintiff seeks shazed legal and physical custody of the following child: NAME PRESENT RESIDENCE D.O.B. Eric J. Desrosiets, Jr. 103 Juniper Drive 11/30/1999 Camp Hill, PA 17011 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant, who resides at 103 Juniper Drive, Camp Hill, Pennsylvania. 6. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Eric J. Desrosiers 808 Michigan Avenue Birth until Susan E. Samuels Lemoyne, PA 17043 July 2003 Shawn O'Donnell Susan E. Samuels 103 Juniper Drive July 2003 to Shawn O'Donnell Camp Hill, PA 17011 Sept. 2005 William Samuels Susan E. Samuels 103 Juniper Drive Sept. 2005 William Samuels Camp Hill, PA ] 7011 un61 present 7. The mother of the child is Susan E. Samuels, currently residing at 103 Juniper Drive, Camp Hill, Pennsylvania. She is single. 8. The father of the child is Eric J. Desrosiers, currently residing at 808 Michigan Avenue, Lemoyne, Pennsylvania. He is single. 9. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAME Athena Oravecz RELATIONSHIP Girlfriend 10. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME Eric J. Desrosiers, Jr. William Samuels RELATIONSHIP Son Father 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 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 rights with respect to the child. 12. The best interest and permanent welfaze of the child will be served by granting the relief requested. 8. Each parent whose pazental 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. WHEREFORE, the Plaintiff, Eric J. Desrosiers, requests the court to grant shared legal and physical custody of the minor child, Eric J. Desrosiers, Jr., to him. JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: (P I ~ 3 (~ Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I, Eric J. Desrosiers, verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: a3- Eric J. D srosiers ERIC J. DESROSIERS, Plaintiff v. SUSAN E. SAMUELS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Eric J. Desrosiers, hereby certify that I have served a copy of the foregoing Complaint for Custody on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Susan E. Samuels 103 Juniper Drive Camp Hill, PA 17011 Dated: l0 - a 3 '0 f~ By: JAMES, SMITH, DIETTERICK & CONNELLY,LLP Jo J. onn lly, Jr. me I.D #15615 P.O. Box 650 Hershey, PA 17033-0650 (717)533-3280 Attorneys for Plaintiff ~ ~~ ~ ~ ~ {~ ~. `n ~~ :~, ,~, ERIC J. DESROSIERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN[A V. SUSAN E. SAMUELS DEFENDANT 06-3624 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 06, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, August 11, 2006 _ at 11:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children ale 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/ M_ elissa P. Greevy, Es . 1/~ Custody Conciliator -~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 O p ~ ~~ '~°dL, ~o-c -c >S~'/ .~ ~, ., -~ ~ ~ RECEIVEDl3 AUG 2 A 2006 ~~ I ERIC J. DESROSIERS, IN THE COURT OF COMMON~R~ as....._._ ~~" CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. SUSAN E. SAMUELS, Defendant ORDER OF COURT NO. 06-3624 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY AND NOW, this ~'r1~ .day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custodv. The parties, Eric Desrosiers and Susan E. Samuels, shall have shared legal custody of the minor child, Eric J. Desrosiers, Jr., born November 30, 1999. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custodv. Commencing August 17, 2006, Father sha{I have custody of the minor child in accordance with the following schedule: A. On alternating weeks from Thursday immediately after school until Monday morning, when the child is returned to school. B. On other weekdays, after school, or during day camp but before Mother is available at the end of her work day. If Father elects to exercise this option for additional custodial time, Father will notify school and notify Mother no later than 1~ N0.06-3624 CIVIL TERM noon of the day he intends to exercise this option. Father's notification to Mother may take the form of a text message or cellular phone voice message. C. When Father does not have custody, Mother shall have custody. 3. Summer. A. Each parent shall be entitled to three (3) blocks of custody during the summer school recess, which shall begin with their ordinary custodial weekend. Father's blocks of custody shall commence on Thursday at the beginning of his custodial weekend and continue until the Monday following the ordinary conclusion of his custodial weekend time. This schedule shall be arranged so that neither parent has custody of the child for more than two (2) consecutive weekends. The parties will provide each other with written notice of their intended vacation plans no later than April 1g~ of each year. In the event that the parties have scheduled a conflicting vacation, parties first providing written notice shall have choice of the vacation weeks. B. The parties shall participate cooperatively in obtaining a passport for the child. In the event that either party intends to take the child out of the United States for purposes of vacation or other travel, the parties will provide each other with thirty (30) days notice of their intention to do so. Prior to departure, the traveling parent will provide the non-traveling parent with information regarding the location where they will be during their trip, a copy of the itinerary, and a telephone where they can be reached during travel. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. Telephone messages will be returned promptly but in any case, no later than twenty-four (24) hours after the message was left. 5. 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. In the event that there is a Monday school holiday, the parent having custody for the preceding custodial weekend shall have their weekend period of custody extended until Tuesday morning, when the child returns to school. ~ a NO. 06-3624 CIVIL TERM 7. Holidays. The attached holiday schedule shall supersede the regular schedule. With the exception of the designated alternating weekends or holidays, as defined in the attached schedule, the remaining spring break and Christmas break times from school shall be shared between the parents by their mutual agreement. 8. Father will accommodate the schedule for the weekend of August 19 and 20, 2006, to allow for the child to participate in Mother's company picnic. Parties are reminded that Court expects parents to be flexible in adjusting the schedule with each other, with a view toward a harmonious policy in the child's best interest. 9. A hearing is s heduled in Courtroom Number 3 of the Cumberland County ~Nrthouse, on the ~, ~ day of IJM~~`'r 2006, at /•~~~ o'clock .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Eric J. Desrosiers, shall be deemed to be the moving party and shall be limited to the issue of use of educational leave days. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. ~. Dist: /John J. Connelly, Jr., Esquire, P. O. Box 650, Hershey, PA 17033 ~9USan E. Samuels, 103 Juniper Drive, Camp Hill, PA 17011 J 0~0 ~' 0~,3 ~_ ~1N~ ~ ti z z wa bz Ana S~oa r~v~oti~s-~^;~~.~i~ ~o 3,~c=,u .~ . Docket No. 06-3624 HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1" Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2n° Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1" Half From noon on 12/24 to 3pm on 12/25 Father Mother Christmas 2ntl Half From noon on 12/25 to noon on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :281357 ._ a. ~` '~ ERIC J. DESROSIERS, Plaintiff v. SUSAN E. SAMUELS, Defendant r~~FrvED A1~9 ~ A $006 /r IN THE COURT OF COM -- - CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3624 CIVIL TERM 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 THE CUSTODY OF Eric J. Desrosiers, Jr. November 30, 1999 Mother 2. Father filed a Complaint for custody on June 26, 2006. A Custody Conciliation Conference was scheduled for August 11, 2006. Attending the Custody Conciliation Conference were: the Father, Eric J. Desrosiers and his counsel, John J. Connelly, Jr., Esquire; the Mother, Susan E. Samuels, participated pro se. 3. The parties reached an agreement in the form of an Order as attached, with the exception of the issue of Father's request for educational leave days. Accordingly, a brief hearing on this topic will be necessary. 4. Father's proposal for the use of educational leave days is as follows: if exercised in accord with school district policy, Father would request to have custody of the child for up to five (5) school days, using educational leave, in alternating years. Father would be willing to limit the use of these days to require that the child be performing well academically in order to be able to participate in these trips. Father further proposes that Mother be entitled to the same arrangement for her custodial time, but that if she opted not to use her educational leave days by March of the academic year, Father would be permitted to schedule up to five (5) additional educational leave days for the child. 5. Mother's position with regard to educational leave days is as follows: Mother thinks that it is wrong to take children out of school for these types of "fun" trips. She expressed concern that the amount of work that would need to be made up would be difficult for the child and expressed pessimism that Father would actually do the school work required during the educational leave trips. Mother further indicated that she would never .~ NO. 06-3624 CIVIL TERM use these types of days and therefore it would be unfair for Father to receive five (5) additional days of educational leave for purposes of custody. Mother would not object to two (2) additional educational leave days when combined with other days the child might ordinarily be out of school, such as for school holidays or teacher in~ce days. 7 t ~^ 61!~S~ ~~9 j D e Melissa Peel Greevy, Custody Conciliator :281333 ERIC J. DESROSIERS, IN THE COURT OF COMMON PLEAS OF Plaintif CUMBERLAND COUNTY, PENNSYLVANIA VS N0. 06-3624 CIVIL TERM SUSAN E. SAMUELS, CIVIL ACTION - LAW Defendan IN CUSTODY RDER OF COURT AND NOW, this 20th day of November, 2006, after hearing, Paragraph 9 of ou order dated August 29, 2006, is amended to provide as follows: 1. Father sh 11 be entitled to have custody of the Child for up to five school days in school years that commence in even numbered years for ed cational purposes. Father shall comply with the School District's policy in requesting said leave and having said leave approved. Father shall give Mother at least 30 days advanced notice of the dates which he desires to use for educational trips. Further, Mother shall be entitled to the same arrangements during school years that begin with an odd number. Provided, however, if she has not given notice of her intention to use those educational leave days by March 15th of the academic year, Father may be permitted to schedule educational leave during the remainder of the school ear. By C u , wara ~ .I Uuiao, ~ . hn J. Connelly, Jr., Esqu For the Plaintiff ,15usan E. Samuels, Pro Se 103 Juniper Drive Camp Hill, PA 17011 :mlc Iv P~~i~"i~~ ;~~, , ~ ~ - ~ t~~~ $~ ~Cil ~d~ ~ 8Z A~~ 9QOZ R~~1C1 "~'•~ lW~d ~}~. ~~+ ~~la 'C~-~~'tf~ ~ • John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner ERIC J. DESROSIERS, Plaintiff/Petitioner v. SUSAN E. SAMUELS, D efendant/Respondent IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA N0.06-3624 CIVIL ACTION -LAW IN CUSTODY PETITION FOR CONTEMPT AND EMERGENCY RELIEF AND NOW, comes the above named Plaintiff, Eric J. Desrosiers, by and through his attorney, John J. Connelly, Jr., Esquire, and submits the following: 1. Petitioner is Eric J. Desrosiers, Plaintiff in the above-captioned action. 2. Respondent is Susan E. Samuels, Defendant in the above-captioned action. 3. On August 29, 2006 and November 20, 2006 the Court entered Orders regarding custody of the minor child, Eric J. Desrosiers, Jr., date of birth November 30, 1999. Said Orders are attached hereto and collectively marked as Exhibit "A". 4. Pursuant to paragraph 3(b) of this Court's Order of August 29, 2006, the parties are required to participate cooperatively in obtaining a Passport for the child. In spite of the Petitioner's frequent and continuing attempts to secure Respondent's cooperation and authorization in securing the issuance of a Passport, she has failed and refused to do so. 5. The Petitioner notified the Respondent on March 12, 2007 of his intent to take a vacation with the child out of the country. A copy of the e-mail from the Petitioner to the Respondent is attached hereto as Exhibit "B". 6. In spite of this a-mail, to date Respondent has failed and refused to cooperate in signing the necessary consent for the issuance of the Passport. 7. Counsel for the Petitioner has spoken directly to the Respondent advising her that legal action would be taken unless she cooperated. Respondent was further informed that legal action would include a request for counsel fees for her breach of the Court's Order. 8. At the time of the conciliation conference, after which the August 29, 2006 Custody Order was entered, the issue of the child sleeping with the Respondent was raised. The Respondent assured the Petitioner that the child would sleep in his own room. At that time and thereafter the Petitioner offered to purchase a bedroom suite for their son so that the sleeping arrangements could be adjusted. Petitioner also offered to give the Respondent a check to purchase the bedroom furniture for their son. To date, your Petitioner believes and therefore avers that the child continues to sleep with the Respondent in her bed. This behavior is in violation of the shared legal custody provisions of the Order. 9. The Respondent has entered the child in activities such as scouts and has told the child not to mention it to the Petitioner and has refused to give the Petitioner any details regarding this and other activities in which the child is involved in violation of the shared legal custody provisions of the August 29, 2006 Order. 10. Paragraph 4 of the Order of August 29, 2006 provides for reasonable telephone access. The Petitioner has tried on numerous occasions to contact the Respondent through her cellular phone and either his call is not returned or her message box is full. This has occurred on occasions when the child is in the custody of the Petitioner and when the child is in the custody of the Respondent. The failure of the Respondent to permit reasonable telephone access is a clear violation of the provisions of paragraph 5 of the Order of August 29, 2006. 2 11. The violations of the Court Order referenced herein are clear acts of contempt. The Petitioner requests that the Respondent be fined by the Court and ordered to pay reasonable attorney's fees in the amount of $750.00 for telephone calls with the Respondent by counsel, meeting and phone calls with the Petitioner, preparation of this Petition and appearance in Court at the time of a contempt hearing. 12. Further, your Petitioner requests that the Court direct the Respondent to immediately sign the Statement of Consent, a copy of which is attached hereto marked as Exhibit "C" so that the Petitioner can immediately apply for the Passport for the child and secure it prior to the scheduled vacation at the end of April 2007. Since the Passport may take in excess of four (4) weeks to secure, time is of the essence. WHEREFORE, your Petitioner requests that the Court direct that the Respondent immediately execute the Consent necessary for the Passport, hold her in contempt, pay counsel fees in the amount of $750.00 and pay a fine as designated by the Court. Respectfully submitted, Date: March ~, 2007 hn 3. onn y, Jr., Esquire s, mi ietteric & Co e , LLP Attorney for Plaintiff/Petiti er P.O. Box 650 Hershey, PA 17033 (717} 533-3280 PA I.D. No. 15615 3 VERIFICA'T~ON i, Eric J. Desrosiers, verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. T~ate:.J a~ ~ O Eric J. crosiers EXHIBIT "A" ERIC J. DESROSIERS, Plaintiff VS SUSAN E. SAMUELS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 06-3624 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 20th day of November, 2006, after hearing, Paragraph 9 of our order dated August 29, 2006, is amended to provide as follows: 1. Father shall be entitled to have custody of the Child for up to five school days in school years that commence in even numbered years for educational purposes. Father shall comply with the School District's policy in requesting said leave and having said leave approved. Father shall give Mother at least 30 days advanced notice of the dates which he desires to use for educational trips. Further, Mother shall be entitled to the same Edward E. Guido, J. John J. Connelly, Jr., Esquire For the Plaintiff Susan E. Samuels, Pro Se ~*~` ~'''~~~ ~~~~ 103 Juniper Drive ~' ~`~~,; ~~ ~~fi mY h Camp Hi 11, PA 17 011 `~ ~~~}m`~ ~ ;~~, P8. c~R 5P.8~ c=: m l C ~'~ ,~„~ Clo ~ ~~ ti .~ .. .Q. V...y P arrangements during school years that begin with an odd number. Provided, however, if she has not given notice of her intention to use those educational leave days by March 15th of the academic year, Father may be permitted to schedule educational leave during the remainder of the school ear. By ~e ~ Cou , ~~~~.~~~ AU G 2 R 2006 IN THE COURT OF COMMON LYE ~y ERIC J. DESROSIERS, ~- CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3624 CIVIL TERM v. CIVIL ACTION -LAW SUSAN E. SAMUELS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Eric Desrosiers and Susan E. Samuels, shall have shared legal custody of the minor child, Eric J. Desrosiers, Jr., born November 30, 1999. 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 his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Commencing August 17, 2006, Father shall have custody of the minor child in accordance with the following schedule: A. On alternating weeks from Thursday immediately after school until Monday morning, when the child is returned to school. B. On other weekdays, after school, or during day camp but before Mother is available at the end of her work day. If Father elects to exercise this option for additional custodial time, Father wilt notify school and notify Mother no later than NO. 06-3624 CIVIL TERM noon of the day he intends to exercise this option. Father's notification to Mother may take the form of a text message or cellular phone voice message. C. When Father does not have custody, Mother shall have custody. 3. Summer. A. Each parent shall be entitled to three (3) blocks of custody during the summer school recess, which shall begin with their ordinary custodial weekend. Father's blocks of custody shall commence on Thursday at the beginning of his custodial weekend and continue until the Monday following the ordinary conclusion of his custodial weekend time. This schedule shall be arranged so that neither parent has custody of the child for more than two (2} consecutive weekends. The parties will provide each other with written notice of their intended vacation plans no later than April ~ Sc of each year. In the event that the parties have scheduled a conflicting vacation, parties first providing written notice shall have choice of the vacation weeks. B. The parties shall participate cooperatively in obtaining a passport for the child. In the event that either party intends to take the child out of the United States for purposes of vacation or other travel, the parties wilt provide each other with thirty (30) days notice of their intention to do so. Prior to departure, the traveling parent will provide the non-traveling parent with information regarding the location where they will be during their trip, a copy of the itinerary, and a telephone where they can be reached during travel. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. Telephone messages will be returned promptly but in any case, no later than twenty-four (24} hours after the message was left. 5. 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. In the event that there is a Monday school holiday, the parent having custody for the preceding custodial weekend shall have their weekend period of custody extended unti{ Tuesday morning, when the child returns to school. NO. 06-3624 CIVIL TERM 7. Holida s. The attached holiday schedule shat{ supercede the regular schedule. With the exception of the designated alternating weekends or holidays, as defined in the attached schedule, the remaining spring break and Christmas break times from school shall be shared between the parents- by their mutual agreement. 8. Father will accommodate the schedule for the weekend of August 19 and 20, 2006, to allow for the child to participate in Mother's company picnic. Parties are reminded that Court expects parents to be f{exible in adjusting the schedule with each other, with a view toward a harmonious policy in the child's best interest. 9. A hearing is scheduled in Courtroom Number 3 of the Cumberland County rthouse, on the ~o~'' day of ~~,~`-t 2006, at /•~0~ o'clock ~.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Eric J. Desrosiers, shall be deemed to be the moving party and shall be limited to the issue of use of educational leave days. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY J. Dist: John J. Connelly, Jr., Esquire, P. O. Box 650, Hershey, PA 17033 Susan E. Samuels, 103 Juniper Drive, Camp Hill, PA 17011 TRUE C~~'~ FRQ~1 READ 1rr Testimorr,~ ,,,.,; r~~ '~ ! h~~-e unto set my the--seal c~ x-~~>~~ '~- ~it rlisle, Pa ` ..1~.~.. ~~ of ... • Docket No. 06-3624 HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday {ndependence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1St Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2"d Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to 3pm on 12/25 Father Mother Christmas 2"d Half From noon on 12/25 to noon on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :281357 EXHIBIT "B" Yage 1 of 1 John J. Connelly From: Eric Desrosiers [Eric@capitolpm.com] Sent: Monday, March 12, 2007 7:00 PM To: Susan Samuels Cc: John J. Connelly Subject: Eric's vacation Susan, I will be taking Eric on vacation from Saturday April 28th to Friday May 4th. He will be visiting Tamarindo, and Liberia, Costa Rica. The court papers state you must comply with information and signing of documents for his passport. Eric 3/15/2007 EXHIBIT "C" U.S. Department of State OM8 APPROVAL N0:1405-0i29 EXPIRATION DATE: 8/31/2008 ESTIMATED BURDEN: 60 Minutes STATEMENT OF CONSENT OR SPECIAL CIRCUMSTANCES: ISSUANCE OF A U.S. PASSPORT TO A MINOR UNDER AGE 14 Last First Middle l~ ,give my consent to the issuance of a U.S. passport Print Your Name to my minor child named on this application. OATH: I declare under penalty of perjury that all statements made in this supporting document are true and correct. Signature of Parent or Guardian Date (mm-dc~yyyy) Name of Notary Print Name Location NOTARY Ciry, State SEAL Commission Expires Date (mm-dd-yyyy) Signature of Notary ^ Driver's License Date of Passport Notarization Type of Identification ^ Issue Date (mm-dd-y}ryy) Presented by Non-Applying ^ Military Identification Date (mm-dd-yyyy) parent or Guardian: ~ Other (Specify) Place of Issue 5.~TATE~"l`#l'3~~ ~ ~~~ >S~A~IC~~.T~b~ddmptetsdks~~pp~+,~~'~}~~°~~ ,~,, Corrsertt`iof this ~t~ '~l~rli csrir~t'bei~b~dah~~d. ~~ E~dt of ~ ~t~as~=~'t>d:~~' ` ~ t~;=~ OATH; 1 declare under penalty of perjury that all statements made in this supporting document are true and correct. Signature of Parent or Guardian Date (mm-dd-yyyy) DS-3053 Page 1 of 2 02-2006 FORM INSTRUCTIONS 1. Compiete items 1, 2, and 3. 2. Complete item 4a, Statement of Consent, only if you are anon-applying parent ar guardian consenting to the issuance of a passport for your minor child. NOTE Your signature must be witnessed and notarized in item 4b. 3. Complete item 5, Statement of Special Circumstances, o~ if you are an applying parent or guardian and the written consent of the non-applying parent or guardian cannot be obtained. ~~ ' . f r ,.:, , ~,.. ,,, ~ ~u . . '.- v ti f ;r' ~ -- ..~ ~ ., AUTHORITIES: The information solicited on this form is requested pursuant to 22 U.S.C. 211a, 212, 213, and Section 236 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001; Executive Order 11295 (August 5, 1966); and 22 CFR 51.27. PURPOSE: The primary purpose is to document the notarized written consent of a parent or legal guardian to the issuance of a U.S. passport to a child under fourteen years of age, or, alternatively, to document the existence of exigent or special family circumstances, when the parent or legal guardian is not present when an application is made for issuance of a U.S. passport for the child. ROUTINE USES: The information solicited on this form may be made available as a routine use to other govemment agencies to assist the U.S. Department of State in adjudicating passport applications and requests far related services, and for law enforcement and administrative purposes. The information may be made available to foreign government agencies to fulfill passport control and immigration duties. The information may also be provided to foreign government agencies, international organizations, and in limited cases, private persons and organizations to investigate, prosecute, or otherwise address potential violations of law or to further the Secretary of State's responsibility for the protection of U.S. citizens and non-citizen nationals abroad. The information may be made available to private U.S. citizen 'wardens' designated by the U.S. embassies and consulates. For a more detailed listing of the routine uses to which this information may be put, see the Prefatory Statement of Routine Uses and the listing of routine uses set forth in the system descriptions for Overseas Citizen Services Records (State-05) and Passport Records (State-26) published in the Federal Register. CONSEQUENCES OF FAILURE TO PROVIDE INFORMATION: You are not legally required to provide the information requested on this form. However, failure to do so may result in Passport Services' refusal to accept the application or result in the denial of a U.S. passport. PAPERW'OR,{~~R~flUC'f'ft3N ACT STAT'F..I~IENT required for searching existing data sources, gathering the necessary data, providing the information required, and reviewing the final collection. You do not have to provide the information unless this collection displays a currently valid OMB number. Send comments on the accuracy of this estimate of the burden and recommendations for reducing it to: U.S. Department of State (A/RPS/DIR), Washington, DC 20520. DS-3053 Page 2 of 2 Please visit our website at travel.state.gov. In addition, contact the National Passport Information Center (NPIC) toll-free at 1-877-487-2778 (TDD 1-888-874-7793) or by a-mail at NPICCc~state.s~ov. Customer Service Representatives are available M-F, 8AM-8PM EST (excluding Federal holidays). Automated information is available 24 hours a day, seven days a week. J ERIC J. DESROSIERS, : IN THE COURT OF COMMON PLEAS PlaintifffPetitioner :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.06-3624 SUSAN E. SAMUELS, :CIVIL ACTION -LAW Defendant/Respondent : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of 3ames, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff/Petitioner, Eric J. Desrosiers, hereby certify that I have served a copy of the foregoing Petition for Contempt and Emergency Relief on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS. PRE-PAID Susan E. Samuels 103 Juniper Drive Camp Hill, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY DATE: March r~Q , 2007 J . C el Jr., Esquire ' S 'th, ~ tterick & onne LLP Attorney for PlaintifflPetition P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 ~, -C.. ^.` `~' l y~ ~` Q ~~ _..~ ~, ~ ~. µr~ h ~_ d _ ~ a ~~ ~~ '- 's "-cti (`~ o a ~ ~ ~~ ~ ~ ~ ~ ~" ~ ~ ~-{- W ~ ~-. fi~ ~ S ERIC J. DESROSIERS, PlaintifF/Petitioner v. MARS 12007 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.06-3624 SUSAN E. SAMUELS, :CIVIL ACTION -LAW Defendant/Respondent : IN CUSTODY ORDE,,~R/~OF COURT AND NOW, this ~~ day of / ~ ~ Q%'~ , 2007, upon consideration of Plaintiff/Petitioner's Petition for Contempt and Emergency Relief a-13earn he `~ > , County Courthouse, One Courth~u~e Sa are, Carlisle, Pennsylvania. l Pending the,~eariug, Respondent shall immediately sign the Statement of Consent in order for Petitioner to secure a Passport for the minor child, Eric J. Desrosiers, Jr., date of birth November 30, 1999. ~ - ``~ G~ f ~- f'~' By tl,~ourt, ~~ J. Di bution: J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 ~san E. Samuels, 103 Juniper Drive, Camp Hill, PA 17011 ~~ . .~~ /~,~~ o~ / t~(hS~'/~~l! S~i1~!~d w ~ Z .~ ~d Z2 ~~~ t40Z ~;t~i'lUi~iv-~lu'u~~~ 3NJ. ~0 ~: {a~~-C!~~1~ LIAR 2.~ ZDUi Harold L. Williams, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3638 CIVIL TERM v. CIVIL ACTION -LAW Kathy L. Williams, : IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 20th day of August, 2006, the Conciliator having been notified by Counsel for the Plaintiff that the custody action in the above-captioned matter has been transferred to Luzerne County, Pennsylvania, hereby relinquishes jurisd~ie~of the custody matter. FOR TkiE COURY: M~ti"ssa Peel Greevy, Esquire Custody Conciliator :293682 Dist: Melissa Calvanelli, Assistant Court Administrator, One Courthouse Square, Carlisle, PA 17013 Anthony J. Lumbis, Esquire, 8 W. Market St., Wilkes-Barre, PA 18701 Brian K. Zellner, Esquire, 2933 N. Front Street, Harrisburg, PA 17110 a ~ ~ ..~ ~ ~ ~ ~. l;Y. ~ r~{y> ERIC J. DESROSIERS [N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. SUSAN E. SAMUELS DF,FENDANT 06-3624 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 28, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at _ __ _ __39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, Apri124, 2007 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or i C 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 alt existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas 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 YC)U CAN GET LEGAL HELP. Cumberland County Bar Association 32 Sot~~th Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~'~deJC'oeh ,~ ~~ Co ~ ~ v tJ { `~~ ~~ V 4 4At~~ 4S{L7J Rte? vi':j s~ ~.~;.,~~i =1-~.i. ~C? w ERIC J. DESROSIERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN E. SAMUELS DF,FENDANT • 06-3624 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, April 02, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 24, 2007 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or i f 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 ale 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. Sunda Es . 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 FORTE-~ BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~ ~~ ~~ u ~~~ ~ Z ~ ~ ~f:~ Z- ~~~~ Lfl~l ~o- ~'.~ ~a_ ~=h <~~~-ti IIUi~~liiti~ 'il,:~~,"I Ji'LL ~~ v r a 1 103 Juniper Dr Camp Hill PA 17011 March 24, 2007 Honorable Edward E. Guido Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 Re: Eric J. Desrosiers v. Susan E. Samuels NO. 06-3624 Dear Hon. Guido: I am in receipt of the Order of Court pertaining to securing a passport for my son, Eric J. Desrosiers, Jr. I have willing offered to sign the passport application under the condition that the passport remain in my possession when not in use by the father. My concern lies in the fact that twice last year he lied to me about where he was taking Eric, even going so far as giving me a bogus itinerary. On one trip he took him out of the country without my knowledge. I will sign the passport application if l am assured that it remain in my possession. A second concern I have, but wanted to have an attorney help me with, is that of "educational" trips during the school year. You signed an Order of Court that gives the father "my" time during odd-numbered years. The father is well aware that I will not use these days; I do not believe it worth the time out of school to visit the beach or because the lines are shorter as Disneyland. So, essentially, the father's values (or lack thereof) get imposed on me and my child during. "my" years. My whole issue was that I requested the father not take more than two consecutive school days off because it is not fair to a child to miss so much school at once. I apologize because I am sure this is not the correct route to take to appeal your decision; however, I cannot afford an attorney, despite my efforts to save for such, and know no other way. Thank you very much for your time .and consideration. Again, I apologize for not following proper procedure, but I have not been able to afford the right way. Sincerely, 5 Susan E. Samuels ~-Y 1 g 2007 ., ERIC J. DESROSIERS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-3624 CNIL ACTION LAW SUSAN E. SAMUELS Defendant IN CUSTODY ORDER OF COURT D NOW this ~~ da of ~ 2007, u on AN y r consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated August 29, 2006 and November 20, 2006 shall continue in effect as modified by this Order. 2. The parties shall participate in acourse of co-parenting counseling with Deborah Salem or other professional selected by agreement. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child and to assist the parties in resolving existing custodial issues which have arisen as a result of the prior inability to communicate/cooperate. The parties shall follow the counselor's recommendations as to the length and duration of the counseling. The Father shall be responsible to pay all costs of counseling. 3. The parties shall share having custody of the Child over the Christmas holiday in accordance with the following schedule: In odd-numbered years, the Father shall have custody of the Child from Christmas Eve at 3:00 p.m. through Christmas Day at 3:00 p.m. and the Mother shall have custody from Christmas Day at 3:00 p.m. through December 26 at 3:00 p.m. In even-numbered years, the Mother shall have custody of the Child from Christmas Eve at 3:00 p.m. through Christmas Day at 3:00 p.m., and the Father shall have custody from Christmas Day at 3:00 p.m. through December 26 at 3:00 p.m. 4. Each parent shall ensure that the Child has his own separate bedroom and bed at his or her residence. 5. Each parent shall share all scheduling information for the Child's activities with the other parent as soon as the information becomes available. The purpose of this provision is to ensure that both parents are aware of the Child's activities and can continue to be involved in the Child's life. The parties shall focus on the emotional well being and best interests of the Child in determining whether it is advisable for one or both parents to participate in or be present for each activity. ,~ 6. It is the parties' intent to address the remaining unresolved custodial issues through the counseling process and to enter into stipulations reflecting their agreements. 7. Within 60 days of completion of the co-parenting counseling, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY COURT, ~ ~~ Edward E. Guido J. cc: tJ~n J. Connelly, Jr., Esquire -Counsel for Father /Joanne Harrison Clough, Esquire -Counsel for Mother ,a .~ ,,,, ~~~~::~ ERIC J. DESROSIERS Plaintiff vs. SUSAN E. SAMUELS Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3624 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 Eric J. Desrosiers, Jr. November 30, 1999 Mother/Father 2. A custody conciliation conference was held on May 15, 2007 with the following individuals in attendance: the Father, Eric J. Desrosiers, with his counsel, John J. Connelly, Jr., Esquire, and the Mother, Susan E. Samuels, with her counsel, Joanne Harrison Clough, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator