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HomeMy WebLinkAbout00-00570 ,I, I~ ~ .....J~.J,-,' I v. : l* THE COURT OF COMMON PLEAS OF : qUMBERLAND COUNTY, PENNSYLVANIA . , . , I : Njo. 2000- 570 CIVIL TERM DAVID C. WHITE, Plaintiff TAMMY S. FINK, Defendant IN CUSTODY , , I ORDER OF COURT rd:,. L( I 2000, upon consideration of the attached dir~cted that th~ arties and their respective counsel ~ear \ ./, , the conciliator, at~ 1=-\ , Co I on the \'1 day of U1f'r,,",- ,2000, at \ Cf. <.t ~ m., for a Pre-Hearing C stody 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 hard by the court, and to enter into a temporary order. All children age five or older rimy also be present at the conference. Failure to appear at the conference may provid~ grounds for entry of a temporary or permanent order. FOR THE COURT, By:%\.\}rlt\{.~~- Custody conciliat~~ The Court of Common Pleas of Cum1Jerland County is required by law to comply with the Americans with Disabilities Act Jf 1990. For information about accessible facilities and reasonable accommodations avJnable to disabled individuals having business I before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or busine~s before the court. You must attend the scheduled h . I conference or earmg. I I , I YOU SHOULD TAKE THIS PAPER Tp YOUR LAWYER AT O~CE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE I SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I CUMBERLAND COUNT\f BAR ASSOCIATION 2 LIBERTY AVENUE I CARLISLE, PENNSYLVPlNIA 17013 TELEPHONE: (717) 249-0166 cc: Conciliator Tammy S. Fink, Defendant Lindsay Dare Baird, Esquire , ,,-~,.,... " '.' . ." "",. d.jO,CO ;).jp.t7/l .;:( ./(P -cv ~ . ""','" "'"'--'r~ ':_;:' ;:n [0-(\;:;=<"" nF 'I '1"'-' - ,:__ v' I jl..,.':,_ ',- j ---r- ',:[try:', r_,e"_Ij~ .... ,: -,. ',-::...'::-"-i"!:'-;l)1,4RY 00 FEO I D Pi! I; 4 Q J CUI,""""', ' Jilt;,tl'"iL./-\NU (Y"'II\tT" P~" ~V~I" I c"NSYLVANiA y. ~/M~ ~ ~ &u./ ~~~~arf ~~~ ~.~,~ , . ." "" ,'_"~' ,'", c ,.- ~,r" -, . """_1_, __", ,,,JI '"~"~"""'.... I~WjjJ <". ~~_ '" - 1---. ~,"~L,,~" . DAVID C. WHITE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000. 57D CIVIL TERM TAMMY S. FINK, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is David C. White, residing at 105 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The defendant is Tammy S. Fink, residing at 152 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence Tinisha Rose White 152 Old Stonehouse Road, Carlisle, PA Al!"e 8 The child was born out of wedlock. The child is presently in the custody of mother who resides at 152 Old Stonehouse Road, Carlisle, PA. During the past five years, the child has resided with the following persons and at the following addresses: Person Address Dates Tammy S. Fink 152 Old Stonehouse Road, Carlisle, PA. 1997.Present Tammy S. Fink and maternal grandparents, 269 Old Stonehouse Road, Carlisle, Pa. 1996-1997 Tammy S. Fink and David C. White, 105 Mill Street, Mt. Holly Springs, PA and Delores J. White 1994-1996 I i The mother of the child is Tammy S. Fink, currently residing at 152 Old Stonehouse. Road, Carlisle, PA. She is unmarried. The father of the child is David C. White, currently residing at 105 Mill Street, Mt. Holly Springs, PA He is unmarried. II. I......... " ......,...~'"'''''''ii..l ' 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Namp Relationship Delores White Paternal Grandmother 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Nam~ Relationship Tyger Finl. Daughter Tinisha Rose White Daughter 6. 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 has no information of a custody proceeding concerning the child pending in It court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; b) Plaintiff is willing to accept custody of the child; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Namp Address Basis of Claim NONE Whel:'efore, plaintiff requests the court to grant custody of the child. d, Esquire 7 South Han er Carlisle, PA l70l3 Attorney for Plaintiff ........~'"""'-~,~_...~ - I__~,"",..M'~I"''-'," . I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.~4904 relating to unsworn falsification to authorities. 8-^n~ c_ V]it- -David C. White i.i' 'I-i; .: , fi j' i, " Ii II' Ii I' I"~ , , I " i~ H I!' Iii I i~ :1: i~ Ii' :i; , ,. , i; ,!' 'I !' :1 !!; '[ , ,i :,: T :!' -~.,-,--~"" ,~<~, j ....,.,. ~ , ..~ ..~ ~~ ~""""""" -, ""'"""""'''''''' .,,? :jjo.l;I:. -0 - o ..J ..::J k> ~ ~ -<l _'" C^' ~ ~ (J1 o 1- J. () C :5:-,~ -Ocr-: D)rf: z:-J:; 0~S: ?2:"_- :.--CJ -p Z() ,,-0 .....~C ~ C:::l o .." ,." CO C'I -,., ;'~FJ ~~Q8 "",,1,), --.j\- :-,'-,. "51'"'i ~'7t'5 Om ::-~I .1> ::0 -< ~I "'" -- -"" If? w co ~""'~"'~i DAVID C. WHITE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-570 CIVIL TERM TAMMY S. FINK, Defendant IN CUSTODY ANSWER 1, Admitted. 2. Tammy S, Fink resides at 152 Stone House Road, Carlisle, Cumberland County, Pennsylvania 17013, 3, The child resides with her mother on Stone House Road, not Old Stonehouse Road, They have lived at the current address from August of 1996 to the present. Prior to that, they lived at 269 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, 17013, from May of 1996 to August of 1996 and with David C, White and Delores J. White from 1990 to 1996, The father does not reside at 105 Mill Street, Mt. Holly Springs, Pennsylvania, but rather lives with his girlfriend at a different location. 4, The father does not live with his mother, but rather resides with his girlfriend at another location, 5. The mother lives only with Tinisha. 6, Admitted. 7. It is denied that the best interest of Tinisha would be served by permitting her to be in custody of the father. The father drinks excessively, including when the - _ i ~ ....."IIiIiIIIIiil:l:\ child is in his presence, The father's mother and his sister are concerned with the safety of the child when with the father, Moreover, the father works second shift and would be unable to adequately care for the child while she is in his custody, The mother and the father's family believe that the best arrangement is for the father to spend time with his daughter at Delores White's home, WHEREFORE, Defendant requests that she be awarded primary, physical and legal custody of Tinisha Rose White and the father be granted visitation at his mother's home. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~()(\~ Robert L. O'Brien, Esquire Attorney for I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 robrien~obslaw.com rob/domesticlfink.;lns ,~" 'h1II'!ii', , -< VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities, -r -. ,Ufmney 5 r(//L TAMMY S. FINK DATE: ~-//- t!O i"""~' ' '.1- ~, - " ' .- ~ilIliiilnr ,.' .~_.. '. """ (") C <" -cIT, n"l t~_~~ Z... ZC (.0__'. -'< r::: <.. ~C~ ~=C: >~ ~ r-:' C) o -;-j "'""1 cq CO -.:; -"""T~ .~_. (0- L"1 , , 'I"C_ ~'" ~ --, i!~ ., APR 0 3 200rtP DAVID C. WHITE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW TAMMY S. FINK, Defendant NO. 00-570 CIVIL IN CUSTODY COURT ORDER AND NOW, this !..f+-daYOf ,LJ.J\.,. I 2000, upon consideration of the attached Custody Conciliation Report, it is ordered ~ollows: I. The parties shall submit themselves, the minor child, and any other significant others as specified by an evaluator to a Custody Evaluation to be performed by Guidance Associates. Costs of this evaluation shall be initially paid by the Father, but the Father reserves the right to petition the Court to request that Mother share in a portion of those costs. The evaluation shall include a drug and alcohol evaluation for both parents. The evaluation shall be an independent evaluation with the evaluator having the ability to share the results of the evaluation with counsel for both parties. 2. Upon the conclusion of the above mentioned evaluation and in the event the above parties are unable to reach an agreement on a permanent custody order at that time, counsel for the parties may contact the Conciliator to conduct a Custody Conciliation Conference over the phone and, if necessary, refer this matter to the court for a hearing. 3. Pending further order of this Court, the following temporary custody order is entered: A. The Father, David C. White, and the Mother, Tanuny S. Fink, shall enjoy shared legal custody of Tinisha Rose White, born August 11, 1991. B. The Mother shall enjoy primary physical custody of the minor child. C. The Father shall enjoy temporary custody of the minor child on every Friday and Saturday from 9:00 a.m. until 8:00 p.m. Father's periods of custody every weekend are based upon the assumption that Mother is working on Saturday and Sunday. In the event Mother is not working and gives Father at least five (5) days notice that she will not be working, Mother may exercise custody on either Saturday or Sunday of a weekend that she is not working. However, Father shall enjoy a minimum of alternating weekends of both _n '" '~-'*,--',-," , ,~-,,,, &t: Saturday and Sunday and, in the event Mother exercises some custody on the weekend and it is during the sununer, those days shall be given to Father as replacement days during the week when Father is off work. 4. In the ev6l1t the evaluation is not scheduled in a timely fashion and a hearing is not scheduled in this case, counsel for either party may contact the Conciliator to have this case addressed again and, if necessary, modification of this order. 5. This order is entered with the understanding that Mother's counsel desires that the Court schedule a hearing. The Court will entertain a special petition from Mother's counsel requesting that a hearing date be set in advance of completion of the evaluation. That petition can be presented in chambers JYi. 0 . . on to Father's counsel in advance. ~'L6,DD .\r1-- i:J cc: Lindsay D. Baird, Esquire Robert L. 0 'Bri6l1, Esquire . . flLEO-OF'Acc OF:. '7/,,'!~:. !)'-"-''''llr-./,::.,. '. I", I ""--'li't-~)i\'UIAFrY 00 APR -4 Pit 2: .54 (', 'MA''', vV i~i::hJc.!\D CnU/liTY PEiVIVSr'L\I,4:V~ ' , ,"'. '~- ~. "," ' -'~ ~^-~ -,. "--~' '~ . ~ DAVID C. WHITE, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CML ACTION - LAW TAMMY S. FINK, Defendant NO. 00-570 CML IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Tinisha Rose White, born August 11, 1991. 2. A Conciliation Conference was held on March 28, 2000, with the following individuals in attendance: The Father, David C. White, with his counsel, Lindsay D. Baird, Esquire; and the Mother, Tammy S. Fink, with his counsel, Robert L. O'Brien, Esquire. 3. The parties separated in 1996. Since that time, the Mother has had primary custody of the minor child. Mother works on weekends and has traditionally delivered the child to the Father's mother on Friday evening and picked the child up on Sunday evening. While the child stayed at the patemal grandmother's home, Father would be there on occasion and spend time with the child. 4. Over the past 6 or 8 months, problems have developed whereby Father has felt his time with the child has been limited. Father has developed a relationship with another woman and suggests that the Mother is interfering with Father's custody rights because of that relationship. Mother indicates that the minor child is now afraid to stay at the patemal grandmother's home overnight and, for that reason, the child must go to the paternal aunt's home to sleep. 5. The parties have agreed to have a custody evaluation done with Father paying the costs initially and Father reserving the right to request that Mother reimburse him for a portion of the costs. A dispute exists as far as what an interim order should be. The Conciliator recommends an interim order that would assure Father time with the child during the day on both Saturday and Sunday of every week consistent with the prior arrangement. However, where the child would sleep on the weekends is subject to any agreement of the parties and absent an agreement, the final determination being made by the Mother. "--' 6. The Conciliator recommends an order in the form as attached. >(3rlo[) DAT r at~ Hubert X. Gilroy, quire Custody Conci' or ~" -" -, <'.--",",I~~' <,"-., ,',,--"- ,- K1j I, " , j , .., ~~ " - , I -;, "~,~ 'MItlIIii"ri, .- CAROL SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 00-610 CIVIL CIVIL ACTION - LAW CHRISTINE HOYT, Defendant IN CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF AND SCHEDULING OF CUSTODY HEARING ORDER AND NOW, this "3..J day of April, 2000, the motion of the defendant, for emergency relief is DENIED. The hearing on the plaintiff's petition for custody is scheduled in Courtroom Number 4 of the Cumberli;llld County Courthouse on the 22nd day of June, 2000, at 9:30 o'clock, a.m., at which time testimony will be taken. For purposes of this hearing, the plaintiff, Carol Sweeney, 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, 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 (10) days prior to the hearing date. Dr. Stanley Schneider of Guidance Associates is herewith appointed to conduct an evaluation of this case. His costs shall be shared equally by the parties. The parties and the child are directed, also, to meet separately with Richard Dracha, . ~,... .~m' ., PLEn.{)Ffi~CE OF !"~ \~~_ FFCf~"il;:iT<Ol/~HY 00 ~?R .' 3 Ph I: \ 8 CUM8EEU,HD COUNN PENNS'iLI/ANIA .' - ~i!\lIlNM.-, ~~_..,l ..III!!I~ ""!"-~,.,.~' ,r _, ASCW, LSW. The costs of Mr. Dracha's services shall be paid by the defendant. BY THE COURT, Jay Bradennan, Esquire For the Plaintiff ~A' A'll- _. ~.\' K7' Hess, J. . ~ ~~.~~~ Samuel Milkes, Esquire For the Defendant :rlm .I"""," '"""~~~-I - I ,..j--%ooz co '6 mw \:::. , . . ' - . . . Z 0 H . 8 0 :3:. Z :J; :J; 0 0 0 :3: < 1:1:8 "':18 0 :3: H t'lH 1:1: 0 I K; 0 :J;O Ot'l n ol U1 l;<;Z Cl > -.J CIl 0 H '<:1:3:0 ~ ::<l ;;:; 0 . . Z8 t'ltrJO v; " < GlO Zt'lCl r E Z '" ~ 0 "':I . :E: Zl;<;l;<; ~ 0' s: H H 1:1: Ot'l CIll:"'8 Z -i > ~ E < Z H ZCIl K;:J; z 0 ::<l 0 H ::<: 8 8 I:"'ZO ~ c: - 'll -< -i C'l I:"' - t'l O:J>' <0"':1 r :r n 0 '<:I- CltrJ :J; < ~ .. ~ > :J; t'l I:"' CIlI:"' ZOO z U'l C'l 0 "':I :J; 8H HOO ;;: !::; ::I: 8 t'l H OCll :J;Cl:3: <; ,." H Z Z 01:1: Z:3: 0 ::<l W ,." 0 0 8 K; 80 ::<l Z :J; H :J>' K;Z I Z "':I - I:"' 8 "':I '<:I :J; I:"' :E: t'l :J; CIl --,- Q ~" " spff ~J ~~~ ecj ;J;:o 52 ? :.'::i -< Cl o :x :;;~ ~ .". 3: o -n .-1 i-}~ ::D , .-"jl1 :.'tj:;:? ~-?tt") :;r::,=H ~() --rn ~ 55 -< N !:'" ~ i~;r,: DAVID C, WHITE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-570 CIVIL TERM v. TAMMY S, FINK, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this .jJd day of May, 2000, upon review of the Motion To Establish A Hearing, the Court sets a hearing on the custody of Tinisha Rose White, born August 11, 1991, for ~.~ the ~ day of fvu ,2000, ' 0- at ~ ',00 a,m.~, in Courtroom NO.2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ~ ~ ~ ~ vvo.\- q 1) ~~l ~~'- BY TH E ~CG1jR'T;\ ,~-<" , , II I _~ ~ . ", ,-,.. ,~- ,'- HLED-OFFICF. Or.. T~n: f,lnn'fI"!()~jn"'Arw ;:fl- ">-' ',J...I, .,"-" ...11lr1. c.J U"~, L.. . on MAf32 AHa: 33 CUMBEFiLAND COUNTY PENNSYlVANIA ~ ^, ," .< WW:-lTl1!lJl:J ,.. .,,,,,~.,",,,,..".' ,.. ,IT,~,,_, ... , .... ". .,..",,,,' ,,_'f DAVID C, WHITE, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-570 CIVIL TERM TAMMY S. FINK, Defendant CIVIL ACTION-LAW IN CUSTODY MOTION TO ESTABLISH A HEARING ON CUSTODY 1, Movant is Robert L. O'Brien, Esquire, attorney for Tammy S. Fink, the Defendant in the above-captioned action. On April 4, 2000 a Court Order was entered. A copy of the same is attached hereto. 2. On or about May 17, 2000, Lindsay D. Baird, Esquire, attorney for David C, White indicated to Movant that she had been discharged as counsel by Mr. White. !',: 3. Ms, Baird also indicated that her client was not going to proceed to i i , arrange for a evaluation, 4, Movant requests that the Court establish a date and time for a custody hearing. Movant also is contacting the conciliator to establish another conciliation conference in an effort to resolve the difference existing between the parties. WHEREFORE, Movant respectfully requests that the Court establish a date and time for a hearing in reference to the custody of Tinisha Rose White. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~2~~ Robert L. O'Brien, Esquire '-D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domesticlfink.mot j ~" . -j.,,~"hlll'ji~.j- ./ APR 0 3 200~ ' t,r.:TIU'(lfYlY IFrn" ./ 4/7/MJ DAVID C. WHITE, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CML ACTION - LAW TAMMY S. FINK, Defendant NO. 00-570 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of ~ Q'\ L , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered an directed as follows: I. The parties shall submit themselves, the minor child, and any other significant others as specified by an evaluator to a Custody Evaluation to be performed by Guidance Associates. Costs of this evaluation shall be initially paid by the Father, but the Father reserves the right to petition the Court to request that Mother share in a portion of those costs. The evaluation shall include a drug and alcohol evaluation for both parents. The evaluation shall be an independent evaluation with the evaluator having the ability to share the results of the evaluation with counsel for both parties. 2. Upon the conclusion of the above mentioned evaluation and in the event the above parties are unable to reach an agreement on a permanent custody order at that time, counsel for the parties may contact the Conciliator to conduct a Custody Conciliation Conference over the phone and, if necessary, refer this matter to the court for a hearing. 3. Pending further order of this Court, the following temporary custody order is entered: A. The Father, David C. White, and the Mother, Tammy S. Fink, sha11 enjoy shared legal custody of Tinisha Rose White, born August 11, 1991. B. The Mother shall enjoy primary physical custody of the minor child. C. The Father shall enjoy temporary custody of the minor child on every Friday and Saturday from 9:00 a.m. until 8:00 p.m. Father's periods of custody every weekend are based upon the assumption that Mother is working on Saturday and Sunday. In the event Mother is not working and gives Father at least five (5) days notice that she will not be working, Mother may exercise custody on either Saturday or Sunday of a weekend that she is not working. However, Father shall enjoy a minimum of altemating weekends of both - -" ~ '_~L~:--i I II I' I I il :J II I ./' ./' Saturday and Sunday and, in the event Mother exercises some custody on the weekend and it is during the summer, those days shall be given to Father as replacement days during the week when Father is off work. 4. In the event the evaluation is not scheduled in a timely fashion and a hearing is not scheduled in this case, counsel for either party may contact the Conciliator to have this case addressed again and, if necessary, modification of this order. 5. This order is entered with the understanding that Mother's counsel desires that the Court schedule a hearing. The Court will entertain a special petition from Mother's counsel requesting that a hearing date be set in advance of completion of the evaluation. That petition can be presented in chambers with notification to Father's counsel in advance. BY THE COURT, /s/ ~ Ii -&If cc: Lindsay D. Baird, Esquire Robert L O'Brien, Esquire TRUE C""PY r.!?"'\1 r~-'"'''',') _J. ."...... ~,,'<, . -.:. '" In Testimony wh~I'~-of. I it, r, tl""', "..:, r,} I1<lOO and the seal of sai Court N Carij~~, Pa. T .:....S..... Of.:~tlP.&..~' l:J9/J- . rothonottl~ . ,"- . I " __s' --- DAVID C. WHITE, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 00-570 CML IN CUSTODY TAMMY S. FINK, Defendant Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Tinisha Rose White, born August II, 1991. 2. A Conciliation Conference was held on March 28, 2000, with the following individuals in attendance: The Father, David C. White, with his counsel, Lindsay D. Baird, Esquire; and the Mother, Tammy S" Fink, with his counsel, Robert L. O'Brien, Esquire. 3. The parties separated in 1996. Since that time, the Mother has had primary custody of the minor child. Mother works on weekends and has traditionally delivered the child to the Father's mother on Friday evening and picked the child upon Sunday evening. While the child stayed at the paternal grandmother's home, Father would be there on occasion and spend time with the child. 4. Over the past 6 or 8 months, problems have developed whereby Father has felt his time with the child has been limited. Father has developed a relationship with another woman and suggests that the Mother is interfering with Father's custody rights because of that relationship. Mother indicates that the minor child is now afraid to stay at the paternal grandmother's home overnight and, for that reason, the child must go to the patemal aunt's home to sleep. 5. The parties have agreed to have a custody evaluation done with Father paying the costs initially and Father reserving the right to request that Mother reimburse him for a portion of the costs. A dispute exists as far as what an interim order should be. The Conciliator recommends an interim order that would assure Father time with the child during the day on both Saturday and Sunday of every week consistent with the prior arrangement. However, where the child would sleep on the weekends is subject to any agreement of the parties and absent an agreement, the final determination being made by the Mother. ~" - f f 6. The Conciliator recommends an order in the form as attached. <13(/ (}{J DA: I .J........ -. ., 1~.._,,.: . . ~~ , 11.:",,-.1,:" ~ .. , _ -'0--' =',~_ i_;'~ ""_~C". " __ -,'wili, < _" . ,'", ., "'':'--''',",,"'',,, ~, ~<;,.;"", ",,,-,,--~~-,,,_ -;',,1," ',-. C"J:,'_ .- JUN 22 i!~ DAVID C. WHITE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW TAMMY S. FINK, Defendant NO. 2000 - 570 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of June, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of April 4, 2000 is vacated. 2. The Mother, Tammy S. Fink, and the Father, David C. White, and the Paternal Grandmother, Delores White, agree that the Mother shall enjoy physical custody of Tinisha Rose White, born August 11, 1991. 3. Father shall have periods of physical custody as follows: A. Alternating weekends from Friday at approximately 5:00 p.m. until Sunday evening at 6:00 p.m. B. On Christmas Eve from 9:00 a.m. until 8:00 p.m. Mother shall always have custody of the minor child from 8:00 p.m. Christmas Eve through Christmas Day. 4. In the event a holiday falls on a Monday or Friday of either parent's respective alternating weekend, that holiday shall attach to that parent's weekend. Other holidays will be divided between the parents on an alternating basis or by splitting the day (except for the Christmas holiday as set forth above). 5. Mother shall always have custody of the minor child on Mother's Day and Father shall always have custody of the minor child on Father's Day. This provision shall supercede any other provision of this Order. 6. The minor child's birthday shall be split so that she has the opportunity to spend time with both parents on her birthday. 7. Both parents shall have up to two (2) full weeks of custody during the sununer break for purposes of vacation. -' . cc: 8. 9. .'-. ,~i,_;;,;-: ,,-~. -- """,.,.,, --, ' ----~.. - _.',' ~ - , 1-, ~ ." I::: i:: Both parents shall inform each other if they intend to take the minor child out of the area for vacation and they will provide an address and phone number where they can be reached. The parties will not disparage or speak unkindly of one another to the minor child and will make it their goal to cultivate the minor child's love and respect for each parent. 10. The Mother shall have primary legal custody with the Father enjoying periods of temporary physical custody as set forth above. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. 11. BY/TIIE C Edgar B. ayley Robert 1. O'Brien, Esquire David C. White 105 Mill Street Mt. Holly Springs, P A 17065 J. ~~ ~I)r"/-OO fp-u- f'){S ~ y' ,0',.' ok " ",'0 - _~ . ",' -.":"" ,-'-. ._ ~ ~~AII'~(II""" Cl c'., C. :::; '"\.1"(./ P'\~. ~,: (/). -'--"1') r./ - ~=. ,...-~, ~.\~;, /-~, -1 ~'- - ._~- ..-, "I'; .~,) ri. ., ~~ 0'- .' r.; (,;; ',0 .~.-..J ., "+>-'0'''. ,,'.' _ 0'-' ~,-'.- ',_ ','..'" ."-~' . ~--.-,",,--_1- ',' ..!>. ., l' 1/w';; DAVID C. WHITE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TAMMY S, FINK, Defendant NO. 2000 - 570 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subj ect of this litigation is as follows: TinishaRose White, bomAugust 11,1991. 2. A Conciliation Conference was held on June 21, 2000, with the following individuals in attendance: The Father, David C. White, who appeared without counsel; and the Mother, Tanuny S. Fink, with her counsel, Robert 1. O'Brien, Esquire, 3. The parties agree to the entry of an order in the form as attached. CtI::2 {f dO DATE tJ1 - 1- """'11 Ii ij ,:i I 'I 1 !,-i II fI DAVID C. WHITE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW TAMMY S. FINK, Defendant No, 00-570 CIVIL IN CUSTODY PRAECIPE To: Mr. Curtis Long Prothonotary David C. White, plaintiff, by and through his attorney Lindsay Dare Baird, Esquire, kindly requests that the above-referenced custody matter be DISCONTINUED, Respectfully submitted, - Date: -\une 5,2a:o , ~. I verify that to the best of my knowledge and belief, the statements made in the foregoing discontinuance are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S,34904 relating to unsworn falsification to authorities, _~/)~ r. ,~J:: David C, White, Plaintiff llllil J~-""'-"'""-' ~ ..h "........;.",,;.,,~.L_''liill. 1" - ........ ., ".~,-" ~ 0 Q.. 0 '- ~:;:i "Om c:: ~'fliIl ~rn :z: :u I T~I'T1 ~.~ -.J ~/:;? 2:6 ~o ;>;> -.--!~Yi K ('):D ~o :JJ; ~(') 5>8 - 15m - .. ;;;;! ~ w ;:n Ul -< .