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HomeMy WebLinkAbout94-05572 t I 1 I ~ -;# ~ . -7 j j J (0 f"' (2 I ' ::r : 0- .(/ ~, 'I .. . v.' .. '," '- i;'; ) ERNEST A. SCOTT, Plaint1.tf : IN THE COURT OF COMMON PLEAS OF :CUMaERLAND COUNTY, PENNSYLVANIA : ICIVIL ACTION - LAW : INOI 94-5572 CIVIL IIN CUSTODY v STEPHANIE L. SCOTT, Defendant COURT ORDER AND NOli, this 2.~,.l. day of October, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. f of the Cu_ e land County ..90urthouse on the /r~ day of L '''''- rff7~t1at /,:f,l p. m. at w'hich time testimony will be taken i the above case. At this hearing, the Fat.her, Ernest A. Scott, shall be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties themselves shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, the witnesses who will be called to testify in this case, and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the hearing date. 2. Pending further order of this Court, and in light of the factual circumstances whereby the minor child, Kevin, is residing with the Father, it is Ordered that the existing Order of March 2, 1995, shall remain in effect subject to the following modification: A. The Father, Ernest A. Scott, is awarded temporary primary physical custody of the minor child, Kevin M. Scott, born August 23, 1982. This temporary order is conditioned on Kevin continuing to reside with the Father. In the event Ksvin does not continue to reside with the Father, Kevin shall be returned to the Mother pending the scheduling of the hearing above. J. cc: Robert J. Mulderig, Esquire Stephanie L. Scott ~I ,~ 430 North Pitt Street 10 :.1,<17 Carlisle, PA 17013 ~ ... v :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND C(lUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW I :NO: 94-5572 CIVIL :IN CUSTODY ERNEST A. SCOTT, Plaintiff STEPHANIE L. SCOTT, Defendant Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONJ'J:RENCE S(1)K\,RY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submit. the following report: 1. The pertinent information pertaining to the chlld,ren who are the subject of this litigation is as follows: Kevin M. Scott, born August 23, 1982; Melvin LaMont Scott, born August 12, 1979; and Allen Bernard Scott, born August 12, 1980. 2. A Conciliation Conference was hald on October 16, 1997, with the following individuals in attenddnce: The Mother, Stephanie L. Scott, who appeared without counsel, and Attorney Robert J. Mulderig, who appeared on behalf of the Father, Ernest A. Scott. 3. The parties were previously before the Court in March of 1995 at which time the Court, after a hearing, awarded custody of the three minor children to the Hother. Father now petitions to modify custody and suggests that the Mother delivered custody of the younger child, Kevin, to the Father in August of 1997. Father suggests that the younger child was acting out at the home and that the Mother turned the child over to him to I~ee if he could maintain control over the child. Father now seek,'iJ a custody order providing that he have physical custody of the child. The child is in fact living with the Father in Virginia. 4. Mother appeared at the hearing and suggests that she is not willing to deliver physical cU:3tody of the child to the Father even though she acknowledges that she did physically deliver the child to the Father in August of 1997. Mother expresses concerns about giving up the ability to make all decisions for the child and also expresses concerns about what will happen if the child at some point in the future wants to return to live with tbe Mother. Mother would not agree to the entry of any temporary order. - . S. A hearing i. necessary. The Conciliator recommends an Order in the form as attached. IV~( i7 DATB re Gel I e 45 .~~ '911 :i, . \ " i ~ ", .. ,:. ~ II ','\' ERNEST A. SCOTT, Plaint'" iI III :1 II I I , II I IN THE COUR'!' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL v. NO. 94. CUSTODY STEPHANIE L SCOTT, DeClndant COMPLAiNT FOR CUSTODY 1. Plaintiil'1I Stall' Seraeant Emnt A. Scott, an adult individual whole rnidlmce II with the United Statn Army In Panama at P.S,C.O.A. Box 1727, APO AA, 34004. 2. DeCendant ill Stephanie L Scott, an adult Individual currently telidina at 430 North Pitt Street, Carlia1e, Cwnberland County, Pennsylvania. 3. Plaintiff Ietllu custody oC his children. Melvin L. Scott born AUlflllt 2, 1979, Alan B. Scott born October 12, 1980, and Kevin M. Scott born August 23, 1983, whoee current residence ill 430 North Pitt Street, Carliale, Cwnberland County, Pennsylvania. 4. The children are presently In the custody oC the DeCendant. 6. Since the children', birth, the children have resided with the mother over the put flye years: r!!mg Addreaa Il!!! 1987-1990 Stephanie L. Scott Stephanie L. Scott St. Louis, Miseouri Carliale, Pennsylvania 1990-preaent 6. The natural mother oC the children is Stephanie L. Scott, currently residing at the above-stated addreaa. 7. The natural Cather oC the children is Ernest A. Scott, currently reeiding at the above-etated addrese. 8. The relationship oC the Plaintiff to the children is that oC natural Cather. 9. The relationship oC the DeCendant to the children is that oC natural mother. 10. The Plain1ilT has not participated as a party or In any other capacity, in other litigation concernlni the custody oC the children In this or any other court. ~ v . t -:r en - ~\ ^. ~~~ :r~ ~ ~z~ ~\ ~ ..~ 1 . ~ ,;;) ...... ~ ~~ ,......~ r:::~ .... .... ...... r<'\ .~ t'f) ~~~ en \'--.; \~ . . , - ! ERNEST A- SCO'M', Plaintilf IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. SH672 CIVIL TERM CUSTODY v. STEPHANIE 1. srorr, Defendant AFFIDAVIT OF SERVlC!; II I HEREBY CERTIFY THAT I lerYed. certi1Ied copy of the Complaint !or CuatodJr lUed in the above , Ii captioned _ upon Stephanie 1. Scott, by eertifled mail, return receipt teqU8Ited on October 7, 1m I I addrellaed to: I Stephanie 1. Scott 430 North Pitt Street Carlisle, PA 17013 and Stephanie 1. Scott did thereafter receive same lIS evidenced by the attached Poet Oftlce receipt card dated October S. 1994. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA-C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHOR1TIES. LAW OFFICES OF RON TURO / / /' /~',,' "7f Date I ' .\1 I 'I //.-k'/ / A ( ;'f /".' ~ 'l') 1- .,"" I ,:"~-;.<". ..,;,', Robert J, u1derig, Esquire 32 Soutli Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 1 H't 'IS" ,,"0 ~ Receipt fot , C.rtlfled Mall Nu h>,tlJt;t(It;.1t (t)'1ft''flJ. PH)'1Idlld . _ OtJ not \1" '0" Inl.,,\;.ht}(14t "'..1 is.. AlIv.n", wfftlJ(i~/,( i~\;;ITe /',"" t'l?;fi~-'FTTC'fj7:t (({f'tl' ~i-ii~Tji'Tli,? .__"r__H._ ..,.,..,." . ...11 I"".,q. 1:.,1",,,,1 ,~. I, (I. .iu;to;.41U.1'......,f... "-..p.u.., f"';~"'f f.. i 1i'_fI ~..... "ih;;:;~---_._~ ,a .. 16 ""'W~.. ("loU_ r..'.....' J I J f I. (.{ j '.IU'" MIlt"iI' -~'"I''''''''' ,t> Nt"lll' 1M'. ..." "......~_ . .....'UIU 1/4, p,.,t!..... .,.. . . ltullnHuIOf liltt. It/v /-'jq ij,~';~.,~ .... ...ui.: .f_J'f: folIoWI... iIryIuIlfW ~ ~'I _II '. "'.Ii'\'. j,f','" 1. 0 A4dnlll.'-. ......,~-~:- ... 2. 0 "-tlJ...... ~ .'..',.'..)... ConouIt lot IH.,. ... Artlcle 0'1' ~~a.lTY~ ~ .. .. 0",_ 0 I....... 'IZ1l CtnllIed 0 COO I b blH- Mill 0 Retum ....tlpt 'Of , " D... 01 Dill, I e I ., Addr_' A J. and ,.. it! ptldl . t_I,..,___, "'. .........40... "".""". __.._....._11...-.........- .............- "'_..._.. ....._01""'_........ -~- ,....-- .,Wriit'~~""". 1'" an ttw..........-w IN ............ . ""--...-.-...---.......- AI'tloQ AddrMMd "" S-kfJ hCd\t (, ~" S"L~t ,~3[ fJ~J,'th 1-1 tl,Sjrur (ttr'LLSlt I 11\ nOrJ I O4/.to,~"' , " DEe 2 1 1994 eLL-- , , , v tIN THB COUR'l' OF COHHON PLEAS OF ,CU~RLAND COUNTY, PBNNSYLVANIA , 'NO. 5572 - CIVIL - 1994 , , ,CIVIL ACTION - CUSTODY BRNBST A. SCOTT, Pldntilt STEPHANIE L. SCOTT, Defendant COURT 0R!lI:R AND NOW, this TJL j day of ~u.~cJ ,1994, upon consideration of the att.ch~u.tody ConoJli~Tion Report, it is ordered and directed a. follow., 1. A Hearing i. .cheduled in the above case on the ~taay of '7'l'll..'/'./o:,.d , 1995 at '7 I, AM. in Courtroom No. ~ of the Cumberland County Courthouse. At this Hearing, the Father, Ernest A. Scott-shall be deemed to be the moving party and .hall proceed initially with testimony. Legal counsel for the partie. shall file with the Court and opposing counsel a memorandum at least ten days prior to this Hearing. This memorandum .hall .st forth a list of witnesses that will be called to t..tify at this Hearing along with a summary of the anticipated testimony of each witness. Additionally, the memorandum shall indicate each respective party's position on custody. 2. Pending further Order of this Court, the Hother, Stephanie L. Scott, shall have legal and physical custody of Melvin L. Scott, born August 2, 1979, Alan B. Scott, born October 12, 1980, and Kevin H. Scott, born August 23, 1983. 3. The Father, Brnest A. Scott, shall enjoy periods of temporary physical custody of the minor children at all times that Hr. Scott is in the Carlisle area and as long as Mr. Scott has given the Mother at least seven days notice of his coming to the Carlisle area. The Father shall also enjoy reasonable telephone access to the children. BY THE COURT, ~ I ?Ii-. <f//7c: ( cc I Robert J. Mulderlg, ESqUi-;V - ~~'1"1 1Ji.tI-<.<4( i.... 'U ~) yStephanie L. Scott, 430 North Pitt:' Street, Ca!'l1sle, PA 17013 y,/ .I1\~,\ } { ,\,) / \J - ::11<i /)/~).14 'f . ERNEST A. SCOTT, Plaintiff v :IN THE COURT OF COMMON PLEAS 01' :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 5572 - CIVIL - 1994 , , :CIVIL ACTION - CUSTODY STEPHANIE L. SCOTT, Defendant CONCILIATION CONFrRENCE SmK\RY REPORT IN ACCORDANCE tilTH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Melvin L. Scott, born August 2, 1979, Alan B. Scott, born October 12, 1994, and Kevin M. Scott, born August 23, 1983. 2. A Conciliation Conference was held on December 16, 1994, with the following individuals in attendance: The Father, Ernest A. Scott, who appeared with his counsel, Robert J. Mulderig, Esquire, and the Mother, Stephanie L. Scott, who appeared without legal counsel. 3. The parents have been divorced approximately three years. The Father is in the military in Panama. The Mother lives in Carlisle and is employed at the Carlisle Barracks. 4. Father has filed this Custody Action seeking primary custody of the minor children. He suggests that all three boys are telling him that they want to come to live with him. Mother admits that the minor child Alan has voiced a desire to go to live with his Father and that Kevin has also suggested that he wants to visit his Father. 5. The Father has had very little contact with the children over the past few years. He last saw the children in July of 1994, at which time he saw them for about two weeks. Prior to July of 1994, he had not seen the children since 1991. 6. There were discussions at the Conciliation Conference with respect to a possible resolution of this matter with the Father backing off on his claim for primary custody and agreeing to take the boys to Panama for four weeks in the summer on a trial basis. A Conference with the Conciliator .f 'J~:.:.A~_t. lllRN'J:ST A. SCOTT, Plaintiff I IN TUB COURT OJ' COMMON PLUS 011 I CUMBBRLAND COUNTY, PlINNSYLVANZA I I NO. 9.-5512 CIVIL TBRM I I I CUSTODY v. ST1lPHANU L. SCOTT , Defendant IN Rill CUSTODY OROBR or COUJlT AND NOW, this 2nd day of March, 1995, upon consideration of Plaintiff's Complaint for Custody with respect to Melvin Lamont Scott, born August 12, 1979, Allen Bernard Scott, born October 12, 1980, and Xevin Nathaniel Scott, born August 23, 1982, and following a hearing, it is OROBRBD and DBCRBED as follows I 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody shall be in the Mother. 3. Temporary or partial physical custody shall be in the Pather at the following times: a. For a period of nine consecutive weeks each summer; provided, that if a given child chooses not to participate in such custody he shall not be required to. b. During the children's recess from school between Christmas and New Year's, provided the Father is willing to bear the expenses, including transportation expenses, associated with such custody; and provided, further, that if a given child chooses not t~ participate in such custody he shall not be required to. --- -- . c. At .uch tima. a. tha 'athar vi.it. tha Carli.la araa from hi. .tation in Panama, providad that h. giva. at la..t .even daya prior notice to tha Mothar of .uch impending vi.it. .. The Mother .hall permit the childran to raceive phone call. from tha rathar at any tima. s. lIlxpenlla. fo " tranllportation of tha children to ar"d from Panama for tha rather'. temporary or partial phy.ical cu.tody in the .ummer ahall be .harad aqually by the partie., with tha 'ather paying for tha expen.e. to Panama and the Mother paying for the expen.e. from Panama. By the Court, ~ I I , '\ ! ; '. ( ., ( ".t f'~ if. _ / J. We.ley qle~, Jr;,~J; J -~ Robert J. Mulaerig, I.quire Coun..l for Plaintiff 3/7l;s-. ~'P. .1 Stephania L. Scott Pro Se 430 SOrth Pitt Street Carl~Jle, PA 17013 ~tt,~ ~ -'1>.......L.(, 'u 1lI1r I' ;:\ . t ~ . I: 16 N r- ~s f'- -,&t L,L1\lt.% c,.?'Z04 -0 '" tt:'1:9~ 0.<-,_ I ')..,{.i" a,;;: -!-.# '.~l ;.... ffi:c -' Il) .n"l ::4..... t-.;:) u.t~ <> - :Ii! .-. F ,~,__ C";"'!' "'_., ,c"]I S7 ~F" '1 ' . "0. ,,; I. ~ C,,' ',/1'" r ' . '. ,,"'. " f'f.~) M,dlo..,- .r'~l4:i~ Z ~ ~ ?,?'Y') 71~ 4~ ~~: ~ t9.?~ &;//~k/~ ~~~T4- . ~ " < . . ERNEST A. SCOTT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 9H672 CIVIL : CUSTODY v. STEPHANIE 1. SCOTT, Defendant, AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I lIerved a eertified copy of the Petition to ModI(y ~ med In the above captioned case upon Stephanie L. Scott, by certified mall, return receipt requeeied on September 9, 1997 addressed to: Stephanie 1. Scott 430 North Pitt Street CarUsle, PA 17013 and did thereafter receive same as evidenced by the attached Poet Office receipt card dated September 11, 1997. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORREGr TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FAUlE STATEMENTS HEREIN MADE ARE SUBJEGr TO THE PENALTIES OF 18 PAC.S. SECTION 4904 RELATING TO UNSWORN FAUlIFICATION TO AUTHORITIES. LAW OFFICES OF RON TURD q J/l!i7 Date ' !f:jJ J/ll~ liert J ' u1derig, Esq , e 32 South Bedford Street CarUsle, P A 17013 (717) 245-9688 Attorney for Plaintiff ~ P ],96 Sbb 740 L. SCot t PJtt Street ~F.. PA 17013 S .32 1.10 Spodli DollYIoy F.. _DollYIoyF.. 1__-..,,,, - Whom&OIllOetJvertd 'll_Aoc"li~"_' ~ 1,w.....'W. 8' TOTALPouoe&F... ~ \rNftcorOtla ~ ~ 1.10 S 2.52 September 9, 1997 ... .~';"1_0l2""__ .~_""'ond40, I .HrI JOIlwnlnI -- on IN ,.... at INI bm 10" we CiIII tthfn iii .....- _AMch tie IDem to ihI hnI of IM~, Of on Itlelledllf tpece doeI nul I .=-___an....--...-- _The R-..n ~ .. Ihow to whom .,. .udI ... ~ nS 1he..... . - I _oed kl: . R.....1d By: (Print NtJme) I _ wIIh to ...... .,. 1olIowtng.- (lot III _1M): 1, CJ Addr_'IAddr_ I 2. CJ ReItrIctId 0IlMty Cond poa1mUlor lot 1M, I 4a. At1IcIt N_ P 198 566 740 j ~, - ype o Rtgllllarld 10 Certt1IId o Exp.... Md 0 Inourld f III _R"*tlIIc< _ 0 COO 7, Oatt J I J Stet=-hanie 430 Nonr. Cad Isle, L. Scott Pitt Street PA 17013 I e. $;'/eAWlI ::.;1?t) 2 PS Fonn 3811, 0tcIIl\beI' 1894 .,... 'D ~ ('.: - - !;U' ( {~ " C~ (::1' LJ..i , CO , 1.1..- l. ... l' ,..... () 0 C' . ERNEST A. SCO'M', PIaintiJl' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. . : NO.9HlI72 CIVIL : CUSTODY STEPHANIE L. soorr, Defendant AND NOW. t,hIs ORDER OF COURT 1~ ,... day of February, 1998, upon conmderation of the attached Motion for Continuance. it Is hereby ordered that the hearing echeduled for February 19, 1998 In the above captioned case is continued until the 6 d ~ of ~,;'./) . 1998, at 9,~ ct-m., In Courtroom No. 1 of the Cumberland County Courthouse, Carlisle, PellJlJlY1vanla. BY THE COURT, () ,n (') L:~ t.,) -n ." -I ,:;-rj: .., 1.:-'] f" '.:J ',lr -; -' ~ I . -.0' N !In {;".': 0 c:J ~_. t . ";(:-, -, ,;1 c' :.i.: ,,'-i i~. Li I;} ,-_,rn , , ,-l ~: 1 :n :n -, 10 -, . . ERNEST A. SCO'M', PI8lntlft' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 94-61172 CIVIL v. STEPHANIE L. SCO'M'. DeCendmt . : CUSTODY MonONFORCONTINUANCE 1. PI8lntlft'is SIaft'Serpmt Ernest A. Scott, an adult individual whOle rclidence 1111007 Saaaftu Drive, HopeweU, Virginia, 23860. 2. DeCendant is Stephanie L. Beott, an adult individual currently reeldlni at 480 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. A hearing has been echeduled in this custody caae Cor February 19, 1998. 4. Plaintiff is in the United States Army and currently on temporary duty at an NCO Academy. 5. While aUending this N CO Academy Plaintiff is unable to attend the hearing because oC his miliblry duties. 6. His temporary duty will terminate on April 3, 1998. WHEREFORE. Plaintiff respectfully requesta the Court to JIrlUlt a contlnlWlCe until after the April S. 1998 due to PIaint.if1"s miliblry service. RespectCUl1y submitted, TURO LAW OFFICES s.//r/fr Date ~ff~ 32 South Bedford Street Carfule, PA 17013 (717) 245.9688 Attorney for Plaintiff ~ CER11FICATE OF SERVICE I hereby certil';y that llerved a true and correct copy of the Motion for ContlnIlllllCtt, upon Stephanie L. Scott, Deflndant, by depoeitm, IIUJl8 In the United Stat. MAlI, lint cIau, poItap pre- paid on the ~ de,y of February, 1998, from Carliale, Pelll1ly1vanla, ~ .. lolJowa: Stephanie L. Scott ~ North Pitt Street Carlllle, PA 17013 TURO LAW OFFICES ~tr~ 32 South Bedford Street Carliale, PA 17013 (71'7) 245.9688 Attorney Cor Plaintiff t- ~ >- ,,- ;'l;' l!'C' ( J: : G;:< ' tl -, {j~ 6;' ~,~j~' - Li..'i.' f l' (; 9.: , ' .,...1 .......... " 11 .......... rf I 4 5= - Li'; ~ i::: , I I..j.... .- ;1.. - c~) ':'1 . C." I';' ...: ~,:) en ':':rJ .~ ., ' . J LI i' , ERNEST A. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintitf CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW . I STEPHANIE L. SCO'M', Defendant . No. 94-557~ CIVIL TERM . ORDER OF COURT AND NOW, this 6th day of April, 1998, upon consideration of the Plaintiff's Petition To Modify Custody, it i. ordered and directed that the terms of the Temporary Court Order entered on October 23, 1997, whereby the Order of Court dated March ~, 1995, was amended to provide that temporary primary physical custody of the parties' minor child, Kevin M. Scott, born August 23, 1982, would be in the father (Plaintiff) so long as the child continues to reside with his father, but would revert to the moth~r (Defendant) in the event that the child ceased residen~o with the father, is continued in full force and effect. Either party may request a hearing for further consideration of this matter at any time. By the Court, J ROBERT J. MULDERIG, ESQUIRE 32 South Bedford Street CarliSle, PA 17013 For the Plaintiff Stephanie Scott 2929 Candrum Drive Apartment 451 Atlanta, GA 30311 Defendant l:..~ ~.C.cl 4/13/9k.,J,,'t'. '~~, j ..(,~, , ..' .. ' : C:' .... , - ";"., \ ..... _. J .. ~ I c.:. . ~ " ., "'J wcy I-.~ "