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HomeMy WebLinkAbout06-7329JESSICA OTT, vs. DAVID McDERMOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 7?-29 CIVIL TERM Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Jessica Ott, hereinafter referred to as Mother. Mother resides at 38 Gilbert Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is David McDermott, hereinafter referred to as Father. Father resides at 207 South Washington Street, Apartment #1, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Tony Michael McDermott 207 South Washington Street Age 10/28/05 DOB; -1 yr old Shippensburg, PA Tony was born out of wedlock. The parties lived together with Tony from birth until late November 2006. In late November 2006, Father left the shared residence and Tony stayed with Mother. On December 4, 2006, Father took Tony and refused to return him to Mother's custody until December 15, 2006, after a week of negotiation between the parties' counsel. Tony now remains in Mother's custody and she has simultaneously filed a Petition for Special Relief and this Complaint for Custody. During his lifetime, Tony has resided with the following persons and at the following addresses: Name Address Date Jessica Ott 542 Spring Street David McDermott Indiana, PA birth- 4/06 Jessica Ott 10 Airport Lane Michael Ott Shippensburg, PA 5/06-6/06 Annette Ott Jessica Ott 38 Gilbert Road David McDermott Shi 6/06 -11/28/06 ppensburg, PA Jessica Ott Michael Ott Annette Ott 10 Airport Lane Shippensburg, PA 11/28/06 -12/4/06 David McDermott 207 South Washington Street Tommy McDermott Shippensburg, PA Megan (unknown last name) Sam (unknown last name) Jessica Ott 38 Gilbert Road Shippensburg, PA 5. Mother currently lives alone. 12/4/06 -12/15/06 12/15/06 - present 6. It is believed that Father lives with the following persons: Name Relationship Tommy McDermott Brother Megan (unknown last name) Brother's Girlfriend Sam (unknown last name) Roommate 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Tony in this or another court. 8. Mother has no information of a custody proceeding concerning Tony pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Tony or claims to have custody or visitation rights with respect to Tony. 10. Tony's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Tony was born, Mother has provided for his emotional, physical, educational, financial and medical needs. b. Since Tony was born, Mother was the parent primarily responsible for his daily care, including waking with Tony during the night, feeding, diaper changing, clothing, bathing, and handling bedtime routines. C. Mother's family are willing to provide child care while she works. Throughout the past year while the parties were together, Mother's stepmother and father provided child care for Tony and are willing to continue to do so. d. Mother's home environment is safe and appropriate for Tony's daily care. e. Mother is willing to communicate with and work cooperatively with Father to co- parent Tony and will encourage the father/son relationship. 10. Father has not acted in Tony's best interests in ways including but not limited to the following: a. Father was not actively involved in Tony's daily care. b. Mother asked Father to leave the parties' residence because Father was using alcohol and marijuana and was unemployed. c. Father's drinking interferes with his ability to get up in the morning, to go to work, or to be productive. d. Drinking also interferes with Father's ability to care for a child on a daily or long term basis. e. After Mother asked Father to leave the residence, Father harassed and threatened Mother and threatened harm to himself. Mother called the police to report Father for harassment. f. Mother temporarily moved in with her father and stepmother to feel safe and protected from Father's unwanted attempts to reconcile. g. On December 4, 2006, Father snatched Tony from Mother and refused to return Tony to Mother. h. Father refused to allow Mother to take Tony out of Father's home or presence. i. During Mother's visits, Father and his family intimidated and harassed Mother and prevented Mother from having natural contact with Tony. j. Father told Mother that she would not get Tony until she agreed to his terms for a custody schedule. k. After a week of negotiations between the parties' counsel, an agreement was reached under which Tony was supposed to go with Mother the weekend of December 15, 2006. 1. Despite the agreement, Father added new conditions on Mother's visit and threatened again to withhold Tony. M. Tony is due for vaccinations, and Father has not agreed to schedule Tony's doctor appointment. Father never scheduled or participated in medical appointments and Mother has no indication that he intends to start now. n. Father continues to have problems with drugs and alcohol and does not have the skills to provide daily care for a young child. o. Father's actions in limiting contact between Mother and Tony were detrimental to the mother/son relationship and did not serve Tony's best interests. Moreover his ongoing attempts to use Tony as leverage to force Mother to agree to his demands demonstrates Father's lack of cooperation and an inability to act in Tony's best interests. 12. Every person with rights to custody or having actual physical custody of Tony has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief. 1. That the parties shall share legal custody of Tony. 2. That Mother shall have primary physical custody of Tony. 3. That Father shall have periods of partial custody on alternating weekends from Fridays at 4:00 p.m. until Sundays at 5:00 p.m. as well as weekly overnights from Wednesdays at 11:00 a.m. until Thursday at 11:00 a.m. 4. That the non-custodial parent shall have reasonable telephone contact with Tony while he is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Tony during various holidays. 6. Any other relief this Court finds just and equitable. J ca Hol t, Esquire dPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 JESSICA OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06- CIVIL TERM DAVID McDERMOTT, ; Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Defendant's Attorney, Susan Pickford, Esquire, with a Complaint For Custody on 2006 by certified mail, return receipt, restricted delivery, to the person and address below: Susan Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?? C! /0(-0 Signature: VERIFICATION The above-named PLAINTIFF, Jessica Ott, verifies that statements made in the above COMPLAINT FOR CUSTODY the correct. Plaintiff understands that false statements are true and made subject to the herein are penalties of 18 Pa. C.S. §49049 relating to unsworn falsification to authorities. Date: I ?//6/0? AAsca o t t r ._ O _ ? Fl C7) -t t_J j ?_ JESSICA OTT, Plaintiff IN THE COURT OF COMMON PIES OF CUMBERLAND COUNTY, PENNSYLVANIA vs. .3 2 / DAVID McDERMOTT, NO. 06- 7 CIVIL TERM Defendant CUSTODY PRAECIPE TO PROCEED IN FOR To the Prothonotary: MA PAUPERIS Kindly allow, Jessica Ott, Plaintiff, to proceed in forma I, Jessica Hoist, attorney for the - au eris. Party proceedin f g m a au eris, certify that I believe the party is unable to pay the costs and that I am ProvidinJ, 1. g free legal services to the party. 401 East Loa s ther Street Carlisle, PA 17013 (717) 243-9400 S _ .a3 ca JESSICA OTT, VS. DAVID MCDERMOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- q )Aq CIVIL TERM Defendant CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody. I certify that I am authorized to accept service on behalf of Defendant. /a 10?10 6 Date Susan Pickford, quire 3344 Trindle Road Camp Hill, PA 17011 C3 °" -ter C ry, 7 - < Ci w JESSICA OTT . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-7329 CIVIL ACTION LAW DAVID MCDERMOTT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, January 05, 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 Thursday, February 01, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 eolj ov? raj ?o6-i VINV1AT',SNND L a :C Wd 6- ar cool AUVION"AL08d 3Ht JO 3 sMO-031IJ FEe e g M JESSICA OTT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. DAVID MCDERMOTT Defendant 06-7329 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this l 2 ` day of ftvl , 2006, upon consideration of the attached Custody Conciliation Report, it is orde d and directed as follows: 1. The Mother, Jessica Ott, and the Father, David McDermott, shall have shared legal custody of Tony Michael McDermott, born October 28, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding his health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. Pending the follow-up custody conciliation conference scheduled in this Order and further Order of Court, the parties shall have physical custody of the Child in accordance with the following biweekly schedule: The Father shall have custody of the Child from Friday at 5:00 p.m. through Monday at 5:00 p.m. The Mother shall have custody from Monday at 5:00 p.m. through Wednesday at 5:00 p.m. The Father shall have custody from Wednesday at 5:00 p.m. through Thursday at 8:00 a.m. (However, if the Father has to be at work before 8:00 a.m., the Mother shall have custody of the Child beginning Wednesday evening at 8:00 p.m.) The Mother shall have custody from Thursday at 8:00 a.m. through Friday at 5:00 p.m. The Father shall have custody from Friday at 5:00 p.m. through Saturday at 5:00 p.m. The Mother shall have custody from Saturday at 5:00 p.m. through Tuesday at 3:00 p.m. The Father shall have custody from Tuesday at 3:00 p.m. through Wednesday at 8:00 a.m. The Mother shall have custody on Wednesday from 8:00 a.m. until 5:00 p.m. The Father shall have custody on Wednesday from 5:00 p.m. until 8:00 p.m. The Mother shall have custody from Wednesday at 8:00 p.m. through Friday at 5:00 p.m. 3. The parties shall exchange custody of the Child at the babysitter's residence, the paternal uncle's residence or the Mother's place of employment, as appropriate. The parties shall conduct all exchanges of custody in a civil and cooperative manner to ensure the emotional well being of the Child. The parties' communications during exchanges of custody and otherwise shall be limited to YNVAIAS N3d 6 9 --Z old Z 1 93A LOOZ MAONOHiOdd JO 30LL-0--031H issues concerning the Child. The parties shall specifically refrain from communications regarding the parties' personal relationship, other than their parenting relationship. 4. In light of the Child's age and frequency of exchanges of custody under the current schedule, neither party shall make telephone calls to the Child and any telephone contact between the parties shall be reasonable and limited to the purpose of discussing issues concerning the Child. 5. In the event either party is off work during a period of time when the Child is otherwise with the babysitter during the other party's period of custody, the party who is off work may pick up the Child earlier at the babysitter's residence to begin that party's period of custody. 6. Prior to the custody conciliation conference scheduled in this Order, both parties shall attend a coparenting seminar or class. 7. Both parties shall ensure that there is no illegal drug use or possession by the parties or third parties having contact with the Child. 8. The Mother shall personally supervise care of the Child at all times when the Mother's uncle and grandfather are present. 9. Both parties shall refrain from consuming alcohol to the point of intoxication during his or her periods of custody. 10. The parties shall strictly follow the custody schedule set forth in this Order without making adjustments pending the follow-up custody conciliation conference. 11. The parties and counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on April 3, 2007 at 9:00 a.m. for the purpose of reviewing the custody schedule. BY THE COURT, cc: Jessica Holst, Esquire - Counsel for Mother d 7 Susan Pickford, Esquire - Counsel for Father JESSICA OTT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. DAVID MCDERMOTT Defendant 06-7329 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 Tony Michael McDermott October 28, 2005 Mother/Father 2. A custody conciliation conference was held on February 1, 2007, with the following individuals in attendance: the Mother Jessica Ott, with her counsel, Jessica Holst, Esquire and the Father's counsel, Susan Pickford, Esquire. The Father's counsel communicated with the Father by telephone during the conference. 3. The parties agreed to entry of an Order in the form as attached. ?G azacj-7 e6n ? Date Dawn S. Sunday, Esquire Custody Conciliator JESSICA OTT, Plaintiff/Petitioner, vs. DAVID MCDERMOTT, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7329 CIVIL TERM CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Jessica Ott, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 38 Gilbert Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Respondent is the above-named Defendant, and resides at 207 South Washington Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural and biological parents of the minor child Tony Michael McDermott, born October 28, 2005. 4. The parties have a Custody Order entered on February 8, 2007, by The Honorable Judge Kevin A. Hess. This Order was entered subsequent to a custody conciliation conference held on February 1, 2007. 5. The Order sets forth a detailed custody schedule which, in pertinent part, grants the parties shared legal custody and outlines a biweekly schedule for physical custody of the child. 6. Defendant is not acting in the child's best interests for reasons including, but not limited to, the following: a. During the weekend of March 17, 2007 - March 18, 2007, Defendant acted irresponsibly and jeopardized the child's safety during his custodial weekend. i. Defendant spent the evening of March 17, 2007, drinking to the point of intoxication. The minor child was left in the care of another person, but the identity of that person is unconfirmed. Due to his intoxicated state, Defendant was unable to provide Mother with a consistent response as to who had been watching Tony while Defendant was out that night. ii. After drinking and while intoxicated, Defendant was severely injured, and suffered a bump and a gash to his head. iii. Despite his intoxicated state and his severe head injury, Defendant drove, with the child, to Mother's home at 3:00 a.m. Mother called an ambulance to come to her home to address Defendant's wounds. iv. The ambulance personnel examined Defendant's wounds and recommended that he go to the Emergency Room later that morning to get stitches. The ambulance personnel also requested Mother's permission to allow Defendant to remain at her home until he could obtain other transportation to the hospital. Because of Defendant's physical condition, the extremely late hour, the lack of available child care and the lack of available transportation Defendant stayed at Mother's residence until the following morning. b. Defendant's personal drug use and his permissiveness regarding drug use by others in his residence put the child's safety and well-being in jeopardy. i. Defendant resides with his brother, Thomas McDermott, and during Defendant's periods of physical custody, Tony also resides in Thomas McDermott's home. ii. According to the current criminal docket, a Criminal Complaint filed on February 1, 2007, charges Thomas McDermott and Defendant with drug related offenses. iii. Mother brought this information to counsels' attention at the conciliation conference on February 1, 2007, but Defendant denied any involvement with criminal or drug activity in his brother's home. Since the docket sheets were not yet available, Mother was unable to confirm the allegations at that time. iv. The current Order states that "Both parties shall ensure that there is no illegal drug use or possession by the parties or third parties having contact with the Child." v. Prior to the custody conciliation, the parties had entered into a temporary agreement that incorporated the same provision protecting the child from exposure to illegal drugs or drug activity. vi. Defendant deliberately and blatantly ignored these provisions and subsequently subjected the child to an unsafe and unhealthy environment. c. Father has failed to take responsibility to ensure that the child receives necessary medical care. i o" i. The child was ill on March 14, 2007, and received care in the Emergency Room. Hospital personnel advised Mother to schedule the child for a follow up appointment with his pediatrician. ii. Due to weather issues, the child's appointment was scheduled for March 19, 2007, during Defendant's custodial period. Mother advised Defendant of the date and time for the follow-up appointment and was assured that Defendant would take the child to the doctor. iii. When Mother called Defendant to discuss the doctor's examination, Defendant advised that he forgot about the appointment. Mother had to reschedule the child's appointment and is waiting to find out whether she will be charged for the missed appointment. d. Defendant continues to act in a harassing manner towards Mother and uses the child as a tool to force communication with Mother regarding their personal relationship. i. Mother has repeatedly demanded that Defendant stop contacting her with requests for a reconciliation or to discuss various aspects of their personal relationship. ii. The current custody order prohibits the parties from contacting each other for reasons beyond co-parenting matters pertaining to the child. iii. Mother's cell-phone in-box is filled to capacity with messages from Defendant. These messages are left throughout the day, including multiple messages left during early morning hours. 0 iv. Despite multiple attempts to restrict Defendant's communication with Mother, Defendant repeatedly calls, text-messages, or directly contacts Mother with pleas for reconciliation. 7. Mother is the parent who can presently best provide for Tony for reasons including, but not limited to, the following: a. Mother is presently able to provide for Tony by giving him a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs. b. Since Tony was born, Mother has been his primary caretaker has provided for his daily needs. c. Mother will best ensure that Defendant is able to maintain a father/son relationship with Tony. d. Mother fears that Defendant's recent behaviors subject the child to an unsafe environment for extended periods of custodial time. 8. Without this Court's intervention, Tony is at risk of being harmed by the potential ongoing exposure to illegal drugs or the dangers of being transported by Defendant while he is intoxicated. 9. Counsel for Mother has attempted, by facsimile, first class mail, and telephone, to contact Attorney Susan Pickford, counsel for Defendant, to seek concurrence with this request. At the time of filing, Mother's counsel received no response from Attorney Pickford. WHEREFORE, Mother respectfully requests that the Court order the following: a. Petitioner shall retain custody of the minor child, Tony Michael McDermott. b. Until the custody conciliation conference scheduled for April 3, 2007, Respondent's periods of physical custody shall be suspended. c. Any further changes necessary to best serve Tony's best interests will be addressed at the upcoming custody conciliation conference. Carlisle, PA 17013 i 401 E. Louther Street VERIFICATION The above-named PLAINTIFF, Jessica Ott, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. j/'7'1 1 1 CQAL,-- Date: v ' ,Ye'ssica Ott JESSICA OTT, Plaintiff/Petitioner, VS. DAVID MCDERMOTT, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7329 CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served a Petition for Special Relief by first class mail to: Susan Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: JJa 5k?- Signatu C) 'Ti "'C7 c rn u ? 0 JESSICA OTT, vs. DAVID McDERMOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- -7 a-q CIVIL TERM Defendant : CUSTODY To the Prothonotary: PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow, Jessica Ott, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma ap u?peris, certify that I believe the party is unable to pay the costs and that I am providiryree? legal services to the party. Jessic 1st, Esquke MidPAm( Legal Services 401 Fast Louther Street Carlisle, PA 17013 (717) 243-9400 0 s Clra .. -?' L ry ?r d . rn :El 4 i Ln O 36 JESSICA OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID McDERMOTT, Defendant NO. 06-7329 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of March, 2007, upon consideration of Plaintiffs Petition for Special Relief, it is hereby ordered and directed that, pending the custody conciliation conference scheduled for April 3, 2007, Defendant (a) shall not consume alcohol or use unlawful drugs while the child is in his custody and (b) shall not operate a vehicle with the child in it. Plaintiff's petition is otherwise referred to the custody conciliation process and the conference scheduled for April 3, 2007. BY THE COURT, Jessica Holst, Esq. Attorney for Plaintiff Susan Pickford, Esq. Attorney for Defendant ` GOP t ?"?? Dawn Sunday, Esq. cop y N w 1 Conciliator re Q ? ril ' o T? APR 0 4 2007P y JESSICA OTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DAVID MCDERMOTT Defendant 06-7329 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 12' day of /qo n ;/ , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 12, 2007 shall continue in effect as modified by this Order. 2. Pending the follow up custody conciliation conference scheduled in this Order and further Order of Court, the parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every week on Monday from 8:30 a.m. until 12:30 p.m., on Tuesday from 7:30 a.m. until 12:30 p.m., on Friday from 9:30 a.m. until 12:30 p.m. and on Saturday from 8:30 a.m. until 5:30 p.m. In addition, the Father shall have custody of the Child on alternating Sundays from 8:00 a.m. until 7:00 p.m. beginning April 22, 2007. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. C. The Mother shall transport the Child to the Father's residence at the beginning of the Father's periods of custody and the Father shall transport the Child to the Child's babysitter/daycare on the weekdays. The Saturday return exchanges of custody shall take place at the Mother's place of employment and the Sunday return exchanges of custody shall take place at the Sheetz in Shippensburg. 3. The parties shall have custody of the Child on holidays as follows: A. Easter: In odd-numbered years, the Father shall have custody of the Child on Easter Sunday from 8:00 a.m. until 2:00 p.m. and the Mother shall have custody from 2:00 p.m. until 8:00 p.m. In even-numbered years, the Mother shall have custody of the Child on Easter Sunday from 8:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 8:00 p.m. In 2007, the Mother shall transport the Child to the Father's residence on Easter at 8:00 a.m. and the parties shall exchange custody at 2:00 p.m. at the Mother's place of employment. B. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 8:00 a.m. until 7:00 p.m. iiu C. Memorial Day/Labor Day: The parties shall share having custody of the Child on Memorial Day and Labor Day in accordance with the regular custody schedule. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The parties shall cooperate in exploring appropriate licensed daycare options for their Child and agree to make arrangements to enroll the Child in a licensed daycare upon entry of a support order apportioning the expenses. Until such time as the Child is enrolled in a licensed daycare pursuant to this provision, the parties shall continue to use the services of the Child's current babysitter, Scarlett. 5. The Father shall undergo a drug test on the date of the conciliation conference, April 3, 2007 and provide the results to his counsel for forwarding to the Mother's counsel. 6. The Father shall promptly provide his current address to his counsel for forwarding to the Mother's counsel prior to the first period of custody scheduled under this Order. 7. The Father shall refrain from making any telephone calls or sending text messages to the Mother with the exception of an emergency involving the Child or the necessity of exchanging essential information pertaining to the Child only. 8. The parties and counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on May 8, 2007 at 9:00 a.m. for the purpose of reviewing the custody schedule. cc: s 'ca Holst, Esquire - Counsel for Mother S San Pickford, Esquire - Counsel for Fathery BY THE COURT, JESSICA OTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DAVID MCDERMOTT Defendant Prior Judge: Kevin A. Hess 06-7329 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 Tony Michael McDermott October 28, 2005 Mother/Father 2. A custody conciliation conference was held on April 3, 2007 with the following individuals in attendance: the Mother, Jessica Ott, with her counsel, Jessica Holst, Esquire, and the Father, David McDermott, with his counsel, Susan Pickford, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JESSICA OTT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA VS : NO. 06-7329 CIVIL TERM DAVID MCDERMOTT :CUSTODY Defendant REQUEST FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT NOW COMES, Susan K. Pickford, Esq. attorney for Defendant in the above captioned matter and requests this Honorable court to grant leave to withdraw from representation in this case and represents the following in support thereof: 1. On or about December 3, 2006, counsel was retained by Defendant's father to enter into this case representing the interests of Defendant. 2. A retainer agreement was entered into and invoices sent out. 3. Several follow-up letters have been sent regarding the need for payment. Counsel has received no payments since January and does not anticipate that payment will be made. 4. Counsel believes that in addition to the non-payment of fees, client and counsel have reached a philosophical impasse regarding the conduct of the case which so severely interferes with counsel's ability to effectively and zealously represent client that to continue as his counsel is not appropriate. 5. To the best of counsel's knowledge, Defendant is living with his father at 33 N. Penn Street, Shippensburg, PA 17257. 6. Notice has been sent to Defendant and his father by regular mail and registered mail. Defendant was also notified personally of counsel's intent to file this Request to Withdraw on April 24, 2007. 7. A third conciliation meeting is scheduled for May 8, 2007. No hearing has been scheduled for the court as yet. Defendant will not be prejudiced by counsel's withdraw as he has sufficient time to retain alternate counsel. WHEREFORE, for all the foregoing reasons, counsel for the Defendant respectfully requests this Honorable Court to grant leave to withdraw as counsel in the above captioned case. Submitted Susan K. Pickfo , Esq 3344 Trindle Road Camp Hill, PA 17011 717-612-1660 ID# 43093 JESSICA OTT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA VS : NO. 06-7329 CIVIL TERM DAVID MCDERMOTT :CUSTODY Defendant AFFIDAVIT OF SERVICE I, Susan K. Pickford, Esq., hereby certify that on this date I served a copy of the attached Request for Leave to Withdraw in the above captioned matters upon the individuals listed below by placing same in first class mail to the locations stated below: David McDermott 33 N. Penn Street Shippensburg, PA 17257 Donald McDermott 33 N. Penn Street Shippensburg, PA 17257 Jessica Holst, Esq. Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 I hereby state that the above is a true and correct statement. Date: April 26, 2007 Resp lly submi usan K. Pickf , Es . 3344 Trindle Road Camp Hill, PA 17011 (717)612-1660 ID# 43093 C? `? ?t ?? ? ? -? ; ? , ? -n r'A N? • may' S ? y`?} ?../` ? .l ? ?.2 ?_^ W r ' 1 ,,,.? .. rt I ', 'tl _r ? ? . _ r _ c" r . ?, _" ?? ` .:. ('`,J MAY 14 2DU 0 JESSICA OTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-7329 CIVIL ACTION LAW DAVID MCDERMOTT Defendant IN CUSTODY ORDER OF COURT AND NOW, this /S' day of /?a•, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 12, 2007 is vacated and replaced with this Order. 2. The prior Order of this Court dated February 12, 2007 shall continue in effect as modified by this Order. 3. Pending the follow up custody conciliation conference scheduled in this Order and further Order of Court, the parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 9:30 a.m. through Monday at 12:30 p.m. beginning Friday, May 18, 2007. B. The Father shall have custody of the Child every week on Monday from 8:30 a.m. until 12:30 p.m., on Tuesday from 7:30 a.m. until 12:30 p.m., on Friday from 9:30 a.m. until 12:30 p.m. and on Saturday from 8:30 a.m. until 5:30 p.m. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. D. Unless otherwise specifically agreed between the parties, all exchanges of custody shall take place at the Child's daycare. 4. The parties shall have custody of the Child on holidays as follows: A. Easter: In odd-numbered years, the Father shall have custody of the Child on Easter Sunday from 8:00 a.m. until 2:00 p.m. and the Mother shall have custody from 2:00 p.m. until 8:00 p.m. In even-numbered years, the Mother shall have custody of the Child on Easter Sunday from 8:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 8:00 p.m. B. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 8:00 a.m. until 7:00 p.m. C. Memorial Day/Labor Day: The parties shall share having custody of the Child on Memorial Day and Labor Day in accordance with the regular custody schedule. i 11 s"3 V r i 1 J r LUZ D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. In 2007, the Father shall have custody of the Child for vacation from June 29 through July 6 and the Mother shall have custody of the Child for vacation from July 18 through July 25. 6. The parties shall enroll the Child in a licensed daycare upon entry of a support order apportioning the expenses. Until such time as the Child is enrolled in a licensed daycare pursuant to this provision, the parties shall continue to use the services of the Child's current babysitter, Scarlett. Both parties shall ensure that the Child attends daycare during his or her periods of custody. 7. The Father shall refrain from making any telephone calls or sending text messages to the Mother with the exception of an emergency involving the Child or the necessity of exchanging information pertaining to the Child only. 8. The parties and counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on June 27, 2007 at 9:00 a.m. for the purpose of reviewing the custody schedule. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin Hess J. cc: es ' a Holst, Esquire - Counsel for Mother ul Ferguson, Esquire - Counsel for Father J io O JESSICA OTT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. VS. DAVID MCDERMOTT Defendant Prior Judge: Kevin A. Hess IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: CUSTODY CONCILIATION SUMMARY REPORT 06-7329 CIVIL ACTION LAW IN CUSTODY 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 Tony Michael McDermott October 28, 2005 Mother/Father 2. A custody conciliation conference was held on May 8, 2007 with the following individuals in attendance: the Mother, Jessica Ott, with her counsel, Jessica Holst, Esquire and the Father, David McDermott, with his counsel, Paul Ferguson, Esquire. 3. The parties agreed to entry of an Order in the form as attached. lwe?? /Qt aoy 7 Date Dawn S. Sunday, Esquire Custody Conciliator FROM :NEU4ARTH LAW OFFICES JESSICA OTT, Plaintiff V. DAVID McDERMOTT, Defendant FAX N0. `:7172632928 May. 16 2007 10:35AM F12 IN THE COURT OF COMMON PLEBS Of CUMBEKLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. 06 - 7329 CIVIL TERM PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Susan K. Pickford, Fgquire, on behalf of David McDermott, the Defendant in the above-captioned case. Date:_ TO THE PROTHONOTARY: 'Susan K. Pic ord, lisp e 3 Y 0e 'frindle Road. Camp Hilt, PA 17011 (717) 612-1660 Please enter. the appearance of Paul M. Ferguson, Fsquire, on behalf of David McDermott, the Defendant in the above-captioned case. Date:_ S?le o Paul. M. Ferguson r/" Supreme Ct. No.: 203293 Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 1.7201 (717) 264-2939 ? ?i ?. -? --? . _r, ?? ...,. t-a t rw. [[ ;.. J 1. _. ?. ?+ .t _--d JESSICA OTT, Plaintiff VS DAVID MCDERMOTT Defendant TO CLERK OF COURTS: :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYLVANIA NO. 06-7329 CIVIL TERM CUSTODY PRAECIPE A Request for Leave to Withdraw as Counsel was filed in the above captioned matter. New counsel has entered an appearance in the case. Please withdraw my Request for Leave to Withdraw as it is now moot. Submitted Susan K. Pickf6rd,1? 3344 Trindle Road Camp Hill, PA 17011 717-612-1660 ID# 43093 C? C= Fn r (yy} j k-- rr, f Y f M- JESSICA OTT VS. Plaintiff DAVID MCDERMOTT Defendant e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7329 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 9 Y day of CIA , 2007, upon consideration of the attached Custody Conciliation ep rt, it is ordered and directed as follows: 1. The prior Orders of this Court dated February 12, 2007 and May 15, 2007, shall continue in effect as modified by this Order. 2. The parties shall exchange weekend periods of custody in August so that the Father has custody of the Child on the weekend of August 17 through 19, 2007, and the Mother has custody on the weekend from August 24 through 26, 2007. 3. As the Mother is off work on Saturday, August 4, 2007, the Mother shall have custody of the Child for the entire day. The Mother shall confirm this arrangement with the Father at least two weeks in advance. 4. The parties shall share having custody of the Child on the Thanksgiving and Christmas holidays as follows: A. Thanksgiving: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. B. Christmas: The Christmas holiday shall be divided into segment A, which shall run from Christmas Eve at 12:00 noon to 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 odd numbered years, the Mother shall have custody of the Child during segment A and the Father shall have custody during segment B. In even numbered years, the Father shall have custody of the Child during segment A and the Mother shall have custody during Segment B. 5. The Father shall provide a copy of the Child's medical insurance card to the Mother upon receipt from the Father's employer. r ?'Gn?l?J i Z t l 4 t LOU 30 ?dcj 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Jessica Holst, Esquire - Counsel for Mother Paul Ferguson, Esquire - Counsel for Father io- a7 . - • r JESSICA OTT VS. DAVID MCDERMOTT Defendant Prior Judge: Kevin A. Hess IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: %.. 0 2,200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 06-7329 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY 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 Tony Michael McDermott October 28, 2005 Mother/Father 2. A custody conciliation conference was held on June 27, 2007, with the following individuals in attendance: the Mother, Jessica Ott, with her counsel, Jessica Holst, Esquire, and the Father, David McDermott, with his counsel, Paul Ferguson, Esquire. 3. The parties agreed to entry of an Order in the form as attached. i 41 LL Date Dawn S. Sunday, Esquire Custody Conciliator