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HomeMy WebLinkAbout96-00503 f;: N ,.~" " - i.'~ , " t!1 , i.? '. - Q-:; , .1 : n::(. -; .' I ,. ., u_ C - , - , , - .- . C'. Cl ," , ,.1 ~ '.l.l '"- l,;'} " Ect , " .- . i ::. ~ . " , - \' . ., "5 <.5 L . 0 \...~...: '--.) ~ .. , --:".....J 'oJ ~ ~ .t ~ n;< - iJ "'7 ~ ~-;." 'S> \I.r, ....... r)' 'C"'\ J ... '~ --l. <it ~~~ . ... ROBERT 0, POLITES, PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, '1ft - 5' ()] (I t 't/.(. L J tA.~ : CIVIL ACTION - LAW v, VICTORIA MCCANN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~day of r;, h llC.. '/. 1996 on consideration of the attached petition, it is hereby directed that the parties and their re'spective counsel appear before J)o.I1',"'~,'nrlr..\I.Esquire.theconciliator,at2tlll\ n"\n..) SL II'f,h, PH , on the ..ill day of~, 1996. at l:Joe> r ,M, for a Pre-Hearing Custody Conference, At such conference. an elTort 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 this conference may provide grounds for entry of a temporary or permanent order, Hearing to be held at 7'- 7- , (c( ..nHE COURT, fh A I' ~C BY: '/'-IV" '''1A'''J~ C,' Custody Conciliator ') YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 " ROBERT D, POLITES, Plaintiff IN THE COURT OF COM'MON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO, CIVIL ACTION. LAW VICTORIA MCCANN, Defendant IN CUSTODY COMPLAINT FOR CUSTODY I. PlaintilT, Robert D, Polites, is an adult individual residing at 65 Buckthorn Drive. Carlisle. Cumberland County, Pennsylvania. 170]3 2, Defendant, Victoria McCann is an adult individual residing at 310 Eleventh Street, New Cumberland. Cumberland County, Pennsylvania. 17070, 3, Plaintiff seeks primary physical and legal custody of the parties' two minor children. Nicole Marie Polites, born January 12, ]988, and Robert William Polites, born December 3,1989 currently residing at 310 Eleventh Street, New Cumberland, Cumberland County. Pennsylvania, 17070 4, In the past five years, the parties' children have resided with the following persons. at the addresses and for the periods of time indicated below: DefendantIMother 310 Eleventh Street. New Cumberland, P A 9/92. present PlaintifflFather & DefendantIMother 310 Eleventh Street, New Cumberland, P A 8/91 - 9/92 PlaintifflFather. Defendant! Mother & William C, & Doris Polites 21 Valley Road. Etters, PA 1/91 - 8/91 The children were born in wedlock, The children are presently in the custody of DefendantIMother. Victoria McCann, who resides at 310 Eleventh Street, New Cumberland, Cumberland County. Pennsylvania. 17070, The Mother of the children is Victoria McCann. who resides at 310 Eleventh Street, New Cuml>p.rland, Cumberland County, Pennsylvania. 17070, She is divorced, o " Page 2 ~ The Father of the children is Robert D, Polites, who resides at65 Buckthorn Drive. Carlisle. Cumberland County. Pennsylvania, 17013 He is divorced, 5, The relationship of PlaintilT to the children is that of Father, The Plaintiff currently resides with Krista L,. Kyle W, and Kaitlin A. Baer, 6, The relationship of the Defendant to the children is that of Mother, The Defendant resides with the children, 7. Plaintiff has not participated as a party in other litigation concerning the custody of the children, Plaintiff has no other information of a custody proceeding concerning the children pending in a court of this Commonwealth, The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 8, The best interests and permanent welfare of the children requires that shared physical and legal custody of the children be granted to the Plaintiff/Father. Robert D, Polites, Wherefore. Plaintiff, Robert D, Polites, respectfully requests that he be awarded shared physical and legal custody of the subject minor children as provided herein, Respectfully submitted, DeArmond & DeArmond ~ ~!Ji~ t-/ Keith B, DeArmoncY.'Esquire Attorney ID Number 58878 2800 Market Street Camp Hill. PA 17011 (717) 730-9394 DATE: I~la.f.ru , I o ., VERIFICATION I, Robert D, Polites the undersigned. do hereby verilY that the statements made in the foregoing instrument are true and correct to the best of my knowledge. information and belief. I understand that statements herein are made subject to the penalties of 18 Pa, C, S, Section 4904, relating to unsworn falsification to authorities, ~I(~/M~ Robert C, Polites Date: ~~? ROBERT D, POLITES. PlaintifT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, : NO, 96-503 : CIVIL ACTION. LAW VICTORIA MCCANN. Defendant : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance on behalfofPlaintifTin the above-captioned action, 3/r;.h~ Dated ~,7Ui., , Keith B, DeArmond.Esquire 2800 Market Street Camp Hill, PA 17011 >~ l';. i , UJ' (..~:. If~ 0,' r.:~ : 1.I_;~' -- .' .- .;.--r: ..:.r C- ~.I- ('.J [..: :~j ;,.'- ~. .- I,' ....... ':l \_~ -' f:l~ ~~~ ~~..l~ ow ~ 1~5~1 ... .... ::.I' ..., ow ~ ~~ "Clii. l!l ... 1!~il!.: ... j,Jt . ~-( C - ... ~ t .. ,5 ": ~~ . f:l tl g! -2: II ;.l . ' ~ f..4l ~ ~ !It'I: ~ ~ ~ Co- , ,. 3 - ~ :-:: e\- . ~ s:lJ tJ ~ ~ Q ~ '" ~ ~ ! ~ > I' ROBERT D. POLITES, Plaintiff IN THE COURT OF CGIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-503 CIVIL TERM VICTORIA McCANN, Defendant IN CUSTODY OODBR OF CDlRT AND Hal, this I~. day of :1'"....... , 1996, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room nu:rtler ~ ' of the Cumberland County Court House, on the ,~1ti. day of O"n-ZL.:ev996, at q; ~O o'clock, ....!1.....m., at which time testimony will' 'caken in this case. At this Hearing, the Father, Robert D. Polites, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody and also setting forth a list of witnesses who will be called to testify at the Hearing along with a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten (10) days prior to the Hearing date. 2. Pending futher Order of this Court or agreement of the parties, the Father, Robert D. Polites, and the Mother, Victoria McCann, shall have shared legal custody of Nicole Marie Polites, born January 12, 1988, and Robert William Polites, born December 3, 1989. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children as follows: A. During the summer of 1996, the Father shall have custody on the following biweekly schedule - WEEK ONE: From Thursday at 9:00 p.m. until the following Saturday at 2:30 p.m. WEEK TWO: From Friday at 1:00 p.m. until the following Tuesday at 2:00 p.m. The biweekly schedule shall begin with WEEK ONE on June 13, 1996. WEEK ONE and WEEK TWO shall alternate thereafter throughout the summer. B. The summer custody schedule outlined above is subject to the Mother's right to have custody of the Children two times in the summer for an entire weekend upon providing reasonable notice to the Father. The Father shall not unreasonably withhold his consent upon being provided with notice by the Mother. ~ ~ .- I.uD ~r:; ~~:; /, (.~ I'. "'- ~!.. ,i:; :l'- 0: C"\ - -.. -. ~ '0 en 0'1 >- c::: ,_ ...:r ~,. ,:)'- ,::>",... ~.) :t: -);:] ~'.~l;; ,J< ;?j~ '" Ii:} ,;0.: .::> (j l:!i ; t C. During the school year, on alternating weekends from Friday after school until Sunday at 7:00 p.m. The Father shall also have one weekday evening period of custody on alternating weeks from after school until 8:00 p.m. 4. The parties shall share or alternate custody of the Children on holidays as follows: A. The Father shall have custody of the Children in even numbered years on Memorial Day (from Friday evening through Monday evening), Labor Day (from Friday evening through Monday evening), and New Years (from 3:00 p.m. on New Years Eve to 8:00 p.m. on New Year's Day). The Father shall have custody of the Children in odd numbered years on July 4th (at times to be arranged by the parties) and Thanksgiving (from Wednesday after school until 7:00 p.m. on the day before school resumes). In every year the Father shall have custody of the Children over the Christmas holiday from Christmas Day at 1:00 p.m. until 7:00 p.m. on the day before school resumes, subject to the Mother's right to have custody of the Children (not to exceed one overnight period), for purposes of celebrating Christmas with the Mother's family in New Jersey. The Father shall also have custody of the Children every year on Father's Day. B. The Mother shall have custody of the Children in even numbered years on July 4th (at times to be arranged by the parties) and Thanksgiving (from Wednesday after school until 7:00 p.m. on the day before school resumes). In odd numbered years, the Mother shall have custody of the Children on Memorial Day (from Friday evening through Monday evening), Labor Day (from Friday evening through Monday evening) and New Years (from 3:00 p.m. on New Years Eve through 8:00 p.m. on New Years Day). In every year the Mother shall have custody of the Children over the Christmas holiday from the conclusion of school before the holiday through Christmas Day at 1:00 p.m. The Mother shall also be entitled to have custody of the Children (not to exceed one overnight period) during the Father's holiday custody for the purpose of celebrating the Christmas holiday with the Mother's family in New Jersey. The Mother shall also have custody of the Children every year on Mother's Day. I , , i , , I, , i I I I I 5. Each party shall have custody of the Children for two non-consecutive weeks for summer vacation each year upon providing notice to the other party by May 1. The party providing first notice shall have preference in his or her choice of vacation time. 6. The parties shall cooperate in making arrangements for transportation in connection with custody exchanges. In the event the parties are unable to make arrangements by agreement, the party receiving - . custody shall be responsible to provide transportation. 7. This Temporary Order entered pending Hearing in this matter, is based upon the parties' agreement at B CUstody Conciliation Conference. The perties 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: Carol J. Lindsay, Esquire Kathleen Carey Daley, Esquire ,A4- J. ... ~,(. "/;2D/'1/". ..&. ..p. Nicole Marie Polites Robert William Polites January 12, 1988 December 3, 1989 Defendant/Mother Defendant/Mother ROBERT D. POLITES, Plaintiff : IN THE COURT OF COOMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 96-503 CIVIL TERM VICTORIA McCANN, Defendant . . : IN CUSTODY aJSTCDY CXH:ILIATlOO SlI1MI\RY RBl'OOT IN AOCXlUlANCB WITH ClJlIBERLAND <XUlfi RIlLE OF CIVIL PRI) ''''' (JR8 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The relevsnt information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF 2. The initial Conciliation Conference was held in this matter on March 27, 1996 with the following individuals in attendance: The Father, Robert D. Polites, with his counsel, carol J. Lindsay, Esquire and the Mother's counsel, Kathleen carey Daley, Esquire. The Mother was not present at the initial Conciliation due to a scheduling misunderstanding with her counsel. The Conciliation proceeded and various custody arrangements were discussed for agreement by the parties. The Conciliator held the file open to give the parties an opportunity to work out a comprehensive custody agreement. The parties were not ultimately able, however, to resolve all custody issues and a second Conciliation was requested. 3. The second Conciliation Conference was held on May 30, 1996, with the following individuals in attendance: The Fathor, Robert D. Polites, with his counsel, carol J. Lindsay, Esquire, and the Mother, Victoria McCann, with her counsel, Kathleen Carey Daley, Esquire. 4. The parties were able to resolve all of the outstanding custody issues involved in this matter with the exception of the alternating weekend schedule. The remaining issue to be addressed by the Court is whether the Father should have a period of custody with the Children every weekend during the school year subject to the right of the Mother to have custody on a certain number of weekends for taking the Children to visit relatives or whether the Mother should have regularly scheduled periodS of custody on alternating weekends with the understanding that the Father would have custody when the Mother is not otherwise taking the Children to visit relatives. The dispute in essence is over which party would have the presumption of custody subject to the other party's right to have additional periods of custody upon providing notice. The Conciliator expects that the parties will be able to resolve this issue through continued discussions but both parties requested that a Hearing be scheduled at this time. Neither . party sufficiently trusts the other to grant reasonable periods of custody upon advance notice even if stated as a requirement in the Order. 5. With the exception of the one issue reserved for determination by the Court, the parties agree to entry of an Order in the form 88 attached. Da~ /0. /99(0 , Q~ custody Conciliator ROBERT D. POLITES, Plaintiff v. VICTORIA McCANN, Defendant ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-503 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Pleass enter my appearance on behalf of Robert D. Polites, Plaintiff above, in the captioned action. FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Date: jl'iJ1p I Caro J, Undsay, squire 10 # 44693 11 East High Street Carlisle, PA 17013 (717) 243.5513 . .- ...... -, , j-: <.:. i. " l1.l: -, ,. ( ). - , F' ~~ -- , (.; l-!.!' OJ L:' -- , ;..... , - ROBBRT D. POLITES, I IN THE COURT OP COMMON PLEAS OP Plaintiff I I CUMBBRLAND COUNTY, PBNNSYLVANIA V I I CIVIL ACTION - LAW I VICTORIA McCANN, I 96-0503 CIVIL TBRM Defendant I IN CUSTODY IN RBI CONTINUANCE ORDER OF COURT AND NOW, this 23rd day of September, 1996, on request of counsel, hearing herein is continued generally pending receipt of a proposed order. By the Court, Carol Lindsay, Bsquire Por the Plaintiff - ~d- ;.,t..<.. <f/~'t/'l'" , ~.,., Ibg . Flr:D-C;=:~:C;: C;. .,"1 "7 r"~i" ""'-'-:',r-j/ :i':;- ~ r:-r 2:~ ... ~ I , r'; "'. ,n (:- '.. c'..),...~: _ p::.;.<:....I.,;,.':'i,I.,::.,\,.,\ l ." LAW OI'FlCES FLOWER. MORGENTHAL. FLOWER & LINDSAY ,\ ',- 1 ^ 1't1l111'.\\IIISA1.llIMI'UIArltIN II EAST HIGH STREET CAIH.lSLE. PENNSYLVANIA 17013-3016 JAMllS 0, I'LOWIlR ROOI!R M, MOROIlNl1l1\l. JAMI!.~ 0, I'I.OWIlR, JR. CAROL J, LINDSAY (7171 ~U.~~I~ r,\x: (717) !4.'.t,,~11l IIml'SCII ... MOIU 1I!....I1I1\I. (I'm.I'lK.~) I'l,OWml KIII\MBR MCIIUlIlNl'II^l. /I< 1~.ClWIlR (I'lK.~.1'1Il1 September 23, 1996 The Honorable Kevin A. Hess CUMBERLAND COUNTY COURT HOUSE One Courthouse Square Carlisle, PA 17013 RE: Polites v. Polites No. 96-503 Dear Judge Hess: The captioned custody case was set for a hearing today at 2:30. Sam Andes, who represented Mrs. Polites, has advised that an agreement previously worked out between the parties has resolved the issue which was to have been heard. Therefore, a hearing will not be necessary. The parties are entering an agreement on several matters, one of which Is the custody issue, As soon as that agreement is signed, we will be submitting it for an Order of Court. Thank you very much for your assistance. Very truly yours, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C. CJLltjb cc: Samuel Andes, Esquire Robert Polites Ale '41184.96-01 , ,J I. '