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HomeMy WebLinkAbout00-02038 , _J -.' ,:,-' --'> > ''':;'1";''' RALPH E. BASILE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-;lD3';? CIVIL TERM Vs. ARLA D. BASILE Defendant IN CUSTODY ORDER OF COURT AND NOW THIS 3<.l day of April, 2000, upon review of the attached Petition for Special Relief, this Court sets a hearing in this matter for 1J"unit7f1 ,the d-t5 ~ day of c2 fAA.1J ,2000, at 9; 30 AM.JIi!oM. in Courtroom # f of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ;1" / ",I 'i J. ;l!m_l~ili:lIfiIlIIWil!ClilWii",~nillill~iW~"~~:":l.,$,J;~rJr/1f / / 'L~"o,., ." .. <_ _~~ -~,,,~,^". , L~, ~ ~ - ''-'' -- "~- ~, "-"'~'> ,~ ~ 0 0 <~ CJ -'" --"l r;; .7 % -055 ~ ifg:; :ZC ~ <;Qd? --L- ~O ~ t:.- ~ z8 o \)>~ ~, ::<! ~. ~~ ~:t? ~~ . ~O ~~ ...-" ,., ~ - "'" ;::; I (..0 o -n _:-J tf? U1 ,)'1 :_:-n -;~~E9 '\=i~71 ;a~~ ~ . n ~' " '"n_"," __ _ _. ", __. . ", _ ,:.;,-" ~ _ "'_" RALPH E. BASILE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- CIVIL TERM Vs, ARLA D. BASILE Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF 1) Petitioner is Ralph E. Basile, Plaintiff in the above-captioned action. 2) Respondent is Aria D, Basile, Defendant in the above-captioned action. 3) Petitioner incorporates the pleadings as set forth in his Complaint for Custody herein. 4) Petitioner believes that the absence of a temporary order is contrary to the best interest of the child because it allows either parent to withhold the child from the other parent. WHEREFORE, Petitioner respectfully requests that Your Honorable Court set and emergency hearing so as to set the parties' rights herein in regard to custody of the parties' child, Dylan Dean Basile. Respectfully submitted, Date: 4/~/oo ~~;\) ~ ~V\:.J~ ~ Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 -""" "'_,'l - ',' <' " ,: '-'> ~ ~ .,-, -, ,.. ~-' ,,",-" -" I verify that the statements made in the foregoing Petition for Special Relief 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. ~[~ RALPH E. BASILE DATE: Lf!i/ttO I I -,,--I i - ~ ,~ -"~,~- " . . MS RALPH E. BASILE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- CIVIL TERM Vs. ARLA D. BASILE Defendant IN CUSTODY ORDER OF COURT AND NOW THIS _ day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 2000 at_ AM.lP.M., 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. BY THE COURT, BY Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -,.-- ' ~ ,". ' "~.~"' RALPH E. BASILE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- CIVIL TERM IN CUSTODY Vs. ARLA D. BASILE Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Ralph E. Basile, an adult individual, currently residing at 906 Hamilton Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Aria D. Basile, an adult individual, currently residing at 940 Forest Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Dylan Dean Basile, age 8, born 7/21/91, The child was not born out of wedlock. The child is presently in the custody of the Mother, Aria 0, Basile. The Defendant Mother recently removed the child from the home he has been raised since 1996 without fully discussing this with the Father to see if he approved of his son leaving with the Defendant. In order to prevent upsetting his son he has permitted his Wife to temporarily relocate his son but believes that it is in the child's best interest that he be in the primary custody of his Father. During the past five years, or since the child's birth, he has resided with the following persons at the following addresses: -~" ,,"--,", -I;. ;,; - '-;' (a) from September 1996, with the parties 906 Hamilton Street, Carlisle, Cumberland County, PA. (b) Prior to that he lived from his birth with the parties at Marilyn Drive, Carlisle, PA. The natural mother of the child is the Defendant. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. 5. The relationship of the Defendant to child is that of natural mother, 6. The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Defendant 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) The Father has been one of the primary caretakers of the child since his birth. Prior to the parties separation on March 26, 2000, the Mother on numerous occasions declined the opportunity to spend time with the child and left him with the Father for care. (b) The Mother removed the young child from the home that he has known since 1996 and the company of his Father. This home is in the neighborhood ~~ ~ ' '''- ,. " - , ~;" ,.~ '-0- !i!1'." where his school is and where his maternal Grandparents reside who provide care for the child after school. This move was made suddenly and with little notice to the Father. The Father believes that the Mother will refuse to enter into a court order to bring stability to the situation pending the conciliation conference unless the Father concedes to a partial custody arrangement. In the event a temporary Order cannot be reached the Father will make an application for a short expedited hearing. Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between Dylan and his Mother. 23 PACSA 5303 (a). 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. NAME None ADDRESS BASIS OF CLAIM --~.- ~. . '-"-' ,,- '... - ,"' . ~ ,_ _ <0 ,,"_"",,-"'";"~, WHEREFORE, Plaintiff requests your Honorable Court to: A) grant custody of the child to the Father B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant such other relief as is just and in the best interest of the child. Respectfully submitted, '- ,2>~ Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 Date: t.1/3-/ cro -,-, '. , "' . - <. --' ~ " , ,'~ ,~-,~:,,, . I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. o/r~ RALPH E. BASILE DATE: '-II; /{}O / I ~ ,".. "~~:E" RALPH E. BASILE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000- dO?''a CIVIL TERM IN CUSTODY Vs. ARLA D. BASILE Defendant ORDER OF COURT fL /J '<I AND NOW THIS ~ day of rTf/!. Ii, 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \-\u.hP..r+ n, ilroy .~ , the conciliator, "t ~ , Cu.n\1{(~ the ~ay of ,f lffi.J , 2000 at .6; 30 , P.M., for a Pre-Hearing Custody onference. At such conference, an effort will be ae 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. BY THE COURT, BY \~~t:~t~cM;bDl6/~~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 "J1 Jf'6100 4- 6 .tJtf tj'y.tJ,j - "~ "_ _ "h ~ I"" - '^'~l~~~--'" ~.'"" ,=~ "~ 0""=" " "".,'. '_{Cr\ I ,:' f,'........ OF F~f: ~:~I~;~rr.:\'~)D\RY ~o ~..~ U 1-H~~tl-h. [.1/; '"'I n" > i, ..... I Ii ,): j eu"'"-,, . IVJ!?tHL~~\JD COUf'vTY PENN::, YLVANIA tV- ~ ,M~ 71~~ ~~~ =- ,,..."'"'"" ~~r.."_.~<Wl\4lIm,~,,",",,,,",,,.. __" _ _~~""""'" _, ?f af ~/~ ~ ~ XLeb ~ w' -..xr~ p ~~f"' r ,1!l!Iijl~~'1'1'1~!/11>1~!Vi'~V,I~~ilFlfiAllill!ll ,:.",..~mf;l " , , r_~__ _; -L-,",'O-i.... -, ''''0 -- -~ ~i RALPH E. BASILE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-d~<6 CIVIL TERM IN CUSTODY Vs. ARLA D. BASILE Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Ralph E. Basile, an adult individual, currently residing at 906 Hamilton Street, Carlisle, Cumberland County, Pennsylvania. 2, Defendant is Aria D, Basile, an adult individual, currently residing at 940 Forest Court, Carlisle, Cumberland County, Pennsylvania, 3, Plaintiff seeks custody of the following child: Dylan Dean Basile, age 8, born 7/21/91. The child was not born out of wedlock. The child is presently in the custody of the Mother, Aria D. Basile. The Defendant Mother recently removed the child from the home he has been raised since 1996 without fully discussing this with the Father to see if he approved of his son leaving with the Defendant. In order to prevent upsetting his son he has permitted his Wife to temporarily relocate his son but believes that it is in the child's best interest that he be in the primary custody of his Father, During the past five years, or since the child's birth, he has resided with the following persons at the following addresses: , "' " ;'_ -~"~"'.' (-- ,~k" , 'c-_ r,-' - (j~,; i ,i , (a) from September 1996, with the parties 906 Hamilton Street, Carlisle, Cumberland County, PA. (b) Prior to that he lived from his birth with the parties at Marilyn Drive, Carlisle, PA. The natural mother of the child is the Defendant. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. 5, The relationship of the Defendant to child is that of natural mother, 6, The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Defendant 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) The Father has been one of the primary caretakers of the child since his birth. Prior to the parties separation on March 26, 2000, the Mother on numerous occasions declined the opportunity to spend time with the child and left him with the Father for care, (b) The Mother removed the young child from the home that he has known since 1996 and the company of his Father. This home is in the neighborhood \" '",,' . where his school is and where his maternal Grandparents reside who provide care for the child after school. This move was made suddenly and with little notice to the Father, The Father believes that the Mother will refuse to enter into a court order to bring stability to the situation pending the conciliation conference unless the Father concedes to a partial custody arrangement. In the event a temporary Order cannot be reached the Father will make an application for a short expedited hearing. Father wants to be accommodating to permit "frequent and continuing contact and physical contact" between Dylan and his Mother. 23 PACSA 5303 (a). 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. NAME None ADDRESS BASIS OF CLAIM - ,0 _"" -~ ".' " "-.'0_'_ '~" , " WHEREFORE, Plaintiff requests your Honorable Court to: A) grant custody of the child to the Father B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant such other relief as is just and in the best interest of the child. Respectfully submitted, ... ?~ Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 Date: t.J (3-1 OV I'. '" .' , ~,~ .'-- '\d I verify that the statements made in the foregoing Complaint for Custody are true and correct. I 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~ RALPH E. BASILE DATE: t..f/; /60 I I - "~i'._ ~~- RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ARLA D. BASILE, Defendant 2000-2038 CIVIL TERM IN RE: VISITATION ORDER OF COURT AND NOW, this 20th day of April, 2000, after hearing on a petition for emergency relief, pending the conciliation conference, and further Order of Court in this case, it is directed that the parties shall share legal custody of the child, Dylan Basile, age 8, born July 21st, 1991, with primary physical custody in the mother, ArIa D. Basile, subject to the following periods of partial custody in the father: 1. Every other weekend from Friday night following his work until Sunday evening at 7:00 p.m. 2. Every Wednesday from the father's end of work until Thursday morning when the child returns to school. 3. At such other times as the parties shall agree. This provision being inserted in light of the mother's statement in court that she is agreeable to frequent contact between the child and the father. The previous provisions notwithstanding, the father shall have commenced partial custody on the weekend . " ,~ -," '" ~~, _ lRlM""" __~, -,:,,--'., . -~,~ 'I T 1-:, ' - -I '--- \ ~::iTAHY 00 r,FS: :20 P" .:1 7: ':'(1 '., ,.I.. CUt\,;~,>:i-iLj::<\L_j ~'r~:UU[\jT{ PE0!NSYLV/~)'JiA . 1i!l!'!~'I!F!m!tIMl~i'ijf,q~ , " u~ --.,__ 'C'~,"' -"'-"~-'_.- ",,-. >,- m." ~. 'II "~"_""JIlIllI!~~~N""~ ~~_~ ~ ,~" WllJiMlll'~ " ," ;("~: . . of April 22nd, with the understanding that his custody shall not commence on that weekend until Saturday morning at 10:00 a.m. By the Court, Robert O'Brien, Esquire For the plaintiff <Ail .HeSS'J~~ 'f-JO-{)Q f?K3 Thomas Diehl, Esquire For the Defendant :mae . ,~-- ,'--'" JUN 0 '7 NilV' '-"'>1 ii !'I !I :1 " II il ri II '.1 I I , " II II I 1 ;'! I I i 'I :I I II I i.i .1 " I' H II I i " I I , 'I I I ;1 i 1 i I i 11 Ii I ~ RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW ARLA D. BASILE, Defendant NO. 2000 - 2038 CIVIL IN CUSTODY COURT ORDER AND NOW, this r day of June, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Court's prior Order of April 20, 2000 is vacated. 2. The Mother, ArIa D. Basile, and the Father, Ralph E. Basile, shall enjoy shared legal custody of Dylan Dean Basile, born July 21, 1991. 3. During the school year, physical custody shall be handled as follows: A. Mother shall enjoy primary physical custody of the minor child. B. Father shall enjoy periods of temporary physical custody with the minor child as follows: 1. On alternating weekends from Friday after work until Monday morning when he shall deliver the child to school. When Monday is a holiday and Father is off work, Father's periods of custody shall continue through until Tuesday morning. ii. Every Wednesday evening from when Father is off work until Thursday morning when the Father shall return the child to school. 111. At such other times as agreed upon by the parties. 4. During the summer months, physical custody shall be alternated between Mother and Father on a week on/week off basis with exchange of custody to be on Friday evening after work unless agreed upon otherwise between the parties. Each parent also reserves the right to have an additional one week period of vacation during the summer such that their custody times could be expanded to two weeks. The parties shall work out arrangements for the scheduling of any such vacation. ~o "M". ;~iii.M-- !_ H - , .'%~ I\IIIIIililoilllil 1M ".lIWiltllliiliiitl'l!l!" (y: r, tiUP:QFF'CE ; I " "- , L.I, .'/'!/;7:~[)\,1 '''''-'''-'11 00 JUN " 9 AI" Q: I fI ' I ,J \.,.' CUM8f./:;!..i\i\O COUNTY Pr::.NNSYLVAlViA '. ,,~--" "J,^, .'tliiii H.I ~~ ,,~4," ~i,;;,,": ,. ' .'J _"' , ~" ,~',,,,,,:;~-,,,;.,. ,., ',",0;, . ~ w. ~ . """'. "--,,..- '"'r"~'~;"'L_';'-"" ,y",--"'- < 5. The Christmas holiday shall be divided into two segments, the first segment being Christmas Eve from Noon until Christmas Day at Noon and the second segment from Christmas Day at Noon until December 26th at Noon. The Mother shall enjoy the first segment in the year 2000 with the parties alternating thereafter. 6. The Thanksgiving holiday, Easter holiday and New Year's holiday shall be divided into two segments. The first segment shall be from 9:00 a.m. until 3:00 p.m. and the second segment shall be from 3:00 p.m. until 9:00 p.m., the parties shall work our an arrangement to divide those segments and alternate them each year. 7. The parties shall alternate holidays including Memorial Day, July 4th, and Labor Day. The Father shall have July 4th in the year 2000 with the parties alternating those three holidays thereafter. 8. The Mother shall always enjoy Mother's Day with the minor child and the Father shall always enjoy Father's Day with the minor child. The timeframe shall be from 9:00 a.m. until 8:00 p.m. This provision shall supercede any other provision of this order. 9. The parties shall work out an arrangement to share custody of Dylan on Dylan's birthday on July 21 st. 10. The non-custodial parent shall enjoy reasonable telephone contact with the child when the child is in the other parent's custody. II. In the event the non-custodial parent is off work and the custodial parent is working during the day, the non-custodial parent shall have the opportunity to be with the child during the day in lieu of a daycare provider. This provisions shall apply in situations where the custodial parent is required because of work or otherwise to spend a number of hours away from the child. 12. The parties may modifY this order by their own agreement. Absent any agreement between the parties, this order shall control. cc: ~,_'" ,_. 0 ,,; _ ,< ----"''-,,,~,., "- "'ill"",,, '.''; -..,,,,,..~-~-:~~-';;- -;'"",""",;,,~,,',;-~ ,-,-,~'~~-, .-,', '__'-, ,_n, ,,,-,, "-',," '.' "C '-"--:ii -{ 13. This order is entered pursuant to an agreement reached between the parties at a Custody Conciliation Conference. In the event the parties desire to modifY this order, either party may petition to have the case again scheduled with the Custody Conciliator. BY THE COURT, RobertL. O'Brien, Esquire Thomas S. Diehl, Esquire J. c~ f)o.U ~- 9-00 "K t<.s " " ". ~- ,- . ..c.:-,-",',' -.-' 'ft'; <" ,,,,c:' '-"_, '_ ',,-',-;- -,-",{--,<:-".'C,",,"-,,'''' -~J-,", ~'.c -",_- , -, -.- '; " RALPH E. BASILE, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ARLA D. BASILE, Defendant NO. 2000 - 2038 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the Wldersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dylan Dean Basile, bomJuly21, 1991. 2. A Conciliation Conference was held on JWle 2, 2000, with the following individuals in attendance: The Father, Ralph E. Basile, with his cOWlsel, Robert 1. O'Brien, Esquire; and the Mother, ArIa D. Basile, with her COWlSel, Thomas S. Diehl, Esquire. 3. The parties agree to the entry of an order in the form as attached. Wit! 00 DA 0161-[11 Hubert X. Gilroy, Es Custody Conciliat _ '.._~ ,- ,~ .-'", . <_____ ,_, ~,. _ _~.,_ 'h~ ." ' ..~ --~"" ..-'--;,--- "I DEe :'t' 'y, o 9 2004 RALPH E. BASILE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ARLA D. BASILE, DEFENDANT NO. 2000 - 2038 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this /gt! day of ~-"l./ ,200'-1: I. A hearing is scheduled with regard to the within Emergency Petition on the c2. O-d day of ,DJ" /' pm h .e ^./ , 200L, at.3 ;tID o'clock, j2-.m., in Courtroom # +- of the Cumberland Courthouse, Carlisle, Pennsylvania; 2. Pending said hearing, Father's visits with Dillon Basile, thirteen (13) years of age, are suspended. BY THE COURT: ./ld 1. ] , , "-. .' , " ,--, , . -~. ,,' " -~ " - -*-~" ,. " ',__ ~ ~ ",_^ -~ ~'w ~ H" 'rl~=_ . r: ~lL~-!~~~:l~t~,~. ~ " Q, T1". ,,~n, '-0,'" ,,,\::1', , ,I '- ..:~ Ij i ,-<-~~ Jr".; "'01 0.- lUU<1 ltC 13 PM 2: 36 CDPY ~t>~';l {y Cj I Oc-./ -/0 rl>py mal Lrd- --to P(f+? '-, '''~ _,___-'~"h~, ~ ~, , ",-'-", fN--Jy &y Lo/ /,;JIJj6'j =zr ,,1I , "~ ,", ~ ~ ?, --"~, ,- - , ,~""".."n "r c'-"'""'"' y,-",,;_,,), < ~ . o'b'",~'_\1 RALPH E. BASILE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ARLA D. BASILE, DEFENDANT NO. 2000 - 2038 CIVIL IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes ArIa D. Basile, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within Petition avers as follows: I. Aria D. Basile is the Mother of Dillon Basile, thirteen (13) years of age; Ralph E. Basile is the Father. 2. A Custody Order was entered with regard to the above-captioned case on June 8, 2000 by the Honorable Kevin A. Hess. (Copy of said Order is attached as Exhibit "A".) 3. The above Order provides primary physical custody to Mother with periods of temporary physical custody with Father on alternating weekends from Friday until Monday, along with every Wednesday evening until Thursday morning. The Order also provides that summer months be altemated weekly. .. 4. On or around September 22, 2004, Father was arrested in Susquehanna Township, Dauphin County, by the Child Exploitation Task Force after attempting to meet with a twelve (12) year old child to have sex and take nude photographs. 5. Father h,ls since been charged in Dauphin County with Unlawful Contact With a Minor and Criminal Use of a Communication Facility. . . > .,' ~" ,,' ^ --0'0''<0' ,~"~ ='~_~_="o'~'_"",,"__ ,", - , 'eo__ ,~--~...~, - -"'" --~^"j["',~",-,'_,#".l~_' --,,",- -- -,; ':J 6. Father is currently out on bail. 7. Father has a history of sexual abuse regarding children and is currently a major threat to his son, Dillon, thirteen (13) years of age. 8. It is unknown whether Father is receiving the help he needs with regard to his pedophilia. 9. Mother is filing a Custody Modification Petition contemporaneously with the within Emergency Petition. WHEREFORE, Petitioner respectfully requests that Father's rights to visitation be suspended pending conciliation or, in the alternative, that visitation be temporarily restructured in a way to ensure the safety ofthe child. Respectfully submitted, Date: lC- ~ ~ -0'-( Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Petitioner " ,~,~" ,.~._- ~--. -~"~~-~"'~-'''"'''''''''~''--''''''-~-''''''''~'''-'^'''''*,-''O;','; '.'_".~-':__.,~,"~'''' - ".'","."",","; RALPH E. BASILE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ARLA D. BASILE, DEFENDANT NO. 2000 - 2038 CIVIL IN CUSTODY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Petitioner, Aria Basile, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. g4904, relating to unsworn falsification to authorities. Date: l Z- c(; -- 0 '--I ~ - ~,'~~~ , ,--~., ' ,'"<^~,-. -~""~"'. .',-, -~, " ~ .r.:oC'~'.-'''-'c '"-'"'---,,~ . ;;'i,"'- "-~"O:i'~"'__"~"""_:;;-J>-" __," - "' '_j RALPH E. BASILE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ARLA D. BASILE, DEFENDANT NO. 2000 - 2038 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitioner do hereby certifY that I this day served a copy of the within Petition upon the following by depositing same in the United States mail, postage prepaid, certified/return receipt requested, at Carlisle, Pennsylvania, addressed as follows: Ralph E. Basile 906 Hamilton Street Carlisle, PA 17013 f2- r:~OL( Mark F. Bayley, Esqui Attorney for Petitioner Dated: <. JUN 0 ? 200efIJ f RALPH E. BASILE, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ARLA D. BASILE, Defendant NO. 2000 - 2038 CIVIL IN CUSTODY COURT ORDER AND NOW, this r 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 20, 2000 is vacated. 2. The Mother, ArIa D. Basile, and the Father, Ralph E. Basile, shall enjoy shafed legal ' custody of Dylan Dean Basile, bomJuly2l, 1991. 3. During the school year, physical custody shall be handled as follows: A. Mother shall enjoy primary physical custody of the minor child. B. Father shall enjoy periods of temporary physical custody with the minor child as follows; 1. On alteJ;nating weekends from Friday after work until Monday morning when he shall deliver the child to school. When Monday is a holiday and Father is off work, Father's periods of custody shall continue through until Tuesday morning. ii. Every Wednesday evening from when Father is off work until Thursday morning when the Father shall return the child to school. Ul. At such other times as agreed upon by the parties. 4. During the summer months, physical custody shall be alternated between Mother and Father on a week on/week off basis with exchange of custody to be on Friday evening after work unless agreed upon otherwise between the parties. Each parent also reserves the right to have an additional one week period of vacation during the summer such that their custody times could be expanded to two weeks. The parties shall work out arrangements for the scheduling of any such vacation. t;~/iblT "14" . .-.~1lii111P ..-......... ~" "" 5. The Christmas holiday shall be divided into two segments, the first segment being Christmas Eve from Noon 1llltil Christmas Day at Noon and the second segment from Christmas Day at Noon 1llltil December 26th at Noon. The Mother shall enjoy the first segment in the year 2000 with the parties alternating thereafter. 6. The Thanksgiving holiday, Easter holiday and New Year's holiday shall be divided into two segments. The first segment shall be from 9:00 a.m. until 3:00 p.m. and the second segment shall be from 3 :00 p.m. until 9:00 p.m., the parties shall work our an arrangement to divide those segments and alternate them each year. 7. The parties shall alternate holidays including Memorial Day, July 4th, and Labor Day. The Father shall have July 4th in the year 2000 with the parties alternating those three holidays thereafter. 8. . The Mother shall always e11ioy Mother's Day with the minor child and the Father shall always enjoy Father's Day with the minor child. The timeframe shall be from 9:00 a.m. until 8:00 p.m. This provision shall supercede any other provision of this order. 9. _ The parties shall work out an arrangement to share custody of Dylan on Dylan's birthday on July 21 st. 10. The non-custodial parent shall enjoy reasonable telephone contact with the child when the child is in the other parent's custody. 11. In the event the non-custodial parent is off work and the custodial parent is working during the day, the non-custodial parent shall have the opportunity to be with the child during the day in lieu of a daycare provider. This provisions shall apply in situations where the custodial parent is required because of work or otherwise to spend a number of hours away from the child. 12. The parties may modify this order by their own agreement. Absent any agreement between the parties, this order shall control. - , -~< -'. , _'V_"~' , , 13. This order is entered pursuant to an agreement reached between the parties at a Custody Conciliation Conference. In the event the parties desire to modify this order, either party may petition to have the case again scheduled with the Custody Conciliator. BY THE COURT, Robert L. O'Brien, Esquire Thomas S. Diehl, Esquire J. cc: t~f}aJJ. t- 9-00 "R K.s ",..,,,.i " '--'I""" " ~-- ",~, {, ~ ^ ~II' ~-~ ~ RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ARLA D. BASILE, Defendant NO. 2000 - 2038 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess 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: Dylan Dean Basile, bomJuly 21,1991. 2. A Conciliation Conference was held on June 2, 2000, with the following individuals in attendance: The Father, Ralph E. Basile, with his counsel, Robert L. O'Brien, Esquire; and the Mother, ArIa D. Basile, with her counsel, Thomas S. Diehl, Esquire. 3. The parties agree to the entry of an order in the form as attached. DAWU[(}O Hubert X. Gilroy, E Custody Conciliat i_"~' ~ .iIiIWi~i~IWllil~!~~",",II,","",liiirl~..s1iiLi ~" ~,_~""'"' ,e, ",..~, ,"__""m "~,_ ^". ~-~ - ", ,'. ." " ,~, ~ ,- -'''r-..''"' - -"liIliib- . , ~- ._, ~ ~ , J! ~~ ~. -......, ""'---- l\j ~ 'r-' ~ \ ""\ ....... -c:. '"(' , \~" '- '-0,__''",'- -"", '"" C..::;:, s;~ c:> 0'1 Cl I CO o ., :.:',:1 "",--n r11f:;;::;; -lJm :n'? ~~~ " "t.") t~~ rn ~ 'D- "D '-< :g f':,? tn i'" " ~~~.. - -~"~." _'_;c "II ........-- RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-2038 CIVIL ARLA D. BASILE, Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this Z I !> December, 2004, this matter having been called for hearing, following interview with the child, Dillon Dean Basile, age 8, born July 21,1991, and conference with counsel in chambers, it is ordered and directed that the father's rights of partial custody in this case shall continue as heretofore ordered, subject, however, to the following terms and conditions: 1. The father shall engage in no inappropriate internet contacts during periods when the child, Dillon, is in his home. 2. The father shall retain a counselor and engage in counseling with respect to matters having to do with his recent arrest. The identity of said counselor shall be provided to counsel for the petitioner/defendant but not to the petitioner/defendant herself. The plaintiff is further directed to schedule a fust appointment within thirty (30) days. 3. The father shall terminate any of his currently used chat room identities and shall engage in no chat room activity during times when Dillon is at his home. BY THE COURT, ii1l1liiiil....... M .,..'IIiIIiIt"'"'''-''' ,C'.' , '~ ,~ ~1"i1It" lJJj~,j;It~" :!1 ~D ~~'-,~~ ~~" - ,,~- ~, ,,""- """'-""'"'-1 >," ~ - '-." " .....-- -...., Robert O'Brien, Esquire For the Plaintiff Mark Bayley, Esquire For the Defendant :rlm ~, ' --'w" ,-,,-'";' ,~^ ~' "_ ,_ ,;,_~'... ,'_; +H ,"" "'" M' ~' ";:~'k--i. ~~ . , ~ .v ~"iitiill'i:_ .. > ,. RALPH E. BASILE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-2038 CIVIL TERM IN CUSTODY Vs. ARLA D. BASILE Defendant RESPONSE TO PETITION FOR EMERGENCY RELIEF 1. It is correct that Ms. Basile is the Petitioner in the instant action , however she is the Defendant in the above numbered action, also the child's name is Dylan. 2. Admitted. 3. Admitted. 4 -9. It is admitted that the Father was arrested and later charged with criminal attempt to have unlawful contact and criminal attempt with the use of a communication facility. It was an entrapment operation and there was no 12 year girl, only an agent that solicited individuals on the internet. Father denies that he has a history of sexual abuse and denies that he is a pedophiliac. Father denies that he presents any threat to his son. Prior to his being formally charged in November, 2004, and in anticipation of the upcoming charges, he discussed with Petitioner as well as his son, the charges that he anticipated would be filed. With that knowledge the Petitioner took no action until last week. In the interim he spent in excess of twenty days and overnights with his son. Most recently he spoke with his son on Saturday, December 11, 2004, after receiving the emergency petition, and his son asserted that he wanted _R . . , to spend time with his father and was not afraid of his Father. The Father has sought counseling, not for pedophilia which he does not suffer from, but for dealing with the stressors in his current situation. WHEREFORE, Plaintiff requests your Honorable Court to: A) Continue the existing custody order; and B) grant such other relief as is just and in the best interest of the child. Respectfully submitted, Date:~ ~ I<:'df)~ Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 , -, tti.IIiMii;!;IiJ;l~~" . - ,:.,~~ "---""'...-,: .. -j". . ,," I verify that the statements made in the foregoing Response To Petition For Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !l4904, relating to unsworn falsification to authorities. ~E~~ RALPH E. BASILE DATE: /,y;rf()tI W" -"IIi'lIliliIiII""'.... t; ~tY '\~ , .~,- , ,~, ."~'~_~~~ ~",,~~-.Jji~~~~i.@3[- ~ "" ~-~,~ - - ~' ~ , _0 ~Jiii-~" "'" C:::~ C:::,:) "'- o \",,"\ C'> , ~.. ......- 0-' C) :'::11 .-1 "1~ "., hi---..' fn --Or-" -'J"--" I~~_~~ ~p; .,~ ~- -0 ~',,"' _:;.~ <-:? \"~ CO ".~,.",.~-""",~ , ~ ~- l:Ij.oc.'""m~i , I' ARLA D, BASILE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 00-2038 CIVIL ACTION LAW RALPH E. BASILE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 16, 2004 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 20, 2005 at 8:30 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 defme and narrow the issues to be heard by the court, and to enter iuto a temporary order. All children age five or older mav 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 Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!:. FOR THE COURT, By: /s/ Hubert X. Gilrov. ESQ. Custody Conciliator mhc 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 TillS 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 ij' ICl'dh:')Y ;;~-c)f '0'1' J;;l' ';H '0 if '. . ~"......,~~.~-~~ ~ ,,~ ~ ' >- , '~, """,",',,- OF T:~L~~c5"?:~-,C~2jfARY ^^nt I .r-..... rl:;""~'~ J.: r..Jr,' DJuY Ut:..L 21 ~ ~ &'~~7ff'4~ ~ ~ 'J,~' ~~~ ;Ii.~~ IIlIl!IIIII'I'I ~, -"~-'~""1~-~A~!~""'""-~ J ~~.~..~~. 1 - -", ~, ~=~~" ~"~ ~. - "-, ~LJ~~iI5l,r., , . DEe 0 9 2004 ( . RALPH E. BASILE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ARLA D. BASILE, DEFENDANT NO. 2000 - 2038 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this day of ,200_: 1. A hearing is scheduled with regard to the within Emergency Petition on the day of , 200--, at o'clock, _.m., in Courtroom # _ of the Cumberland Courthouse, Carlisle, Pennsylvania; 2, Pending said hearing, Father's visits with Dillon Basile, thirteen (13) years of age, are suspended. BY THE COURT: 1. - - _ _M~_ ,. '"_N~ _ ".~>'".""__'~'>'____'~~." ,_~, _",_ " 6 DEe 0 9 2004 f: ArIa D. Basile, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2000 - 2038 Ralph E. Basile, Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Aria D. Basile, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within Petition avers as follows: I. Petitioner is Aria D. Basile, who resides at 940 Forest Court, Carlisle Cumberland County, Pennsylvania 17013. 2. Respondent is Ralph E. Basile, who resides at 906 Hamilton Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On June 8, 2000, the Honorable Kevin A. Hess entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. On or around September 22, 2004, Father was arrested in Susquehanna Township, Dauphin County, by the Child Exploitation Task Force after attempting to meet with a twelve (12) year old child to have sex and take nude photographs. b. Father is currently out on bail. c. Father has a history of sexual abuse regarding children and is currently a major threat to his son, Dillon, thirteen (13) years of age. d. It is unknown whether Father is receiving the help he needs with regard to his Pedophilia. 5. The best interest of the child will be served by the Court modifying said Order. -.,,,.,", ---"'~," , -- ~-,-,'-'^' '-"-~'.-' "~ -~'_'""-~>~-"""-''''''_,..~;''_"'-, ^---O"~",-"""l',,-~;,,";',' __ ."- _ ,}~ WHEREFORE, Petitioner prays this Court to grant modification of the Custody Order as follows: Primary physical custody with Mother. Appropriate visits with Father as determined by agreement or the Court. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: t L ~ ct;b~ \. ~ Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Petitioner , . " "~" H .'" ""'_'"".""."''''".,Y' ~~-1~'~: Aria D. Basile, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2000 - 2038 Ralph E. Basile, Defendant : CIVIL ACTION - LAW : IN CUSTODY ATTORNEY VERIFICA nON Mark F. Bayley, Esquire, states that he is the attorney for Aria D. Basile in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.e.S, 94904, relating to unsworn falsification to authorities. Date: [ z- C(; ~ O~( M~ L F. Bayley, Esquire Attorney for Petitioner ," '""" """'"",-.'"","" ....,,' -.., .. '''-"''", "f,'~' --,""''';~''-'--",*di..-.,'';;''''' ":~'''''"''''~-'; ""'~;~"<;""',, j '-'., "~~-_(/" '-""~~~" ,- ,';";:':'"" ~ _ "0 -, '_ _ ;J.'",'- , RALPH E. BASILE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ARLA D. BASILE, DEFENDANT NO. 2000 - 2038 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Ralph E. Basile 906 Hamilton Street Carlisle, PA 17013 ~ (Z-~-a~ Mark F. Bayley, Esquire Attorney for Petitioner Dated: 1--."-, . ~. - JON 0 7 2001U' RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 2000 - 2038 CIVIL IN CUSTODY ARLA D. BASILE, Defendant COURT ORDER AND NOW, this r 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 20, 2000 is vacated. 2. The Mother, ArIa D. Basile, and the Father, Ralph E. Basile, shall enjoy shared legal custody of Dylan Dean Basile, bom July 21, 1991. 3. During the school year, physical custody shall be handled as follows: A. Mother shall enjoy primary physical custody of the minor child. B. Father shall enjoy periods of temporary physical custody with the minor child as follows: i. On alternating weekends from Friday after work until Monday moming when he shall deliver the child to school. When Monday is a holiday and Father is off work, Father's periods of custody shall continue through until Tuesday moming. ii. Every Wednesday evening from when Father is off work until Thursday morning when the Father shall return the child to school. iii. At such other times as agreed upon by the parties. 4. During the summer months, physical custody shall be alternated between Mother and Father on a week on/week off basis with exchange of custody to be on Friday evening after work unless agreed upon otherwise between the parties. Each parent also reserves the right to have an additional one week period of vacation during the summer such that their custody times could be expanded to two weeks. The parties shall work out arrangements for the scheduling of any such vacation. eKH/tJ/T .~" I - --- 5. The Christmas holiday shall be divided into two segments, the first segment being Christmas Eve from Noon until Christmas Day at Noon and the second segment from Christmas Day at Noon until December 26th at Noon. The Mother shall enjoy the first segment in the year 2000 with the parties alternating thereafter. 6. The Thanksgiving holiday, Easter holiday and New Year's holiday shall be divided into two segments. The first segment shall be from 9:00 a.m. until 3:00 p.m. and the second segment shall be from 3:00 p.m. until 9:00 p.m., the parties shall work our an arrangement to divide those segments and ahernate them each year. 7. The parties shall alternate holidays including Memorial Day, July 4th, and Labor Day. The Father shall have July 4th in the year 2000 with the parties alternating those three holidays thereafter. 8. ' The Mother shall always enjoy Mother's Day with the minor child and the Father shall always enjoy Father's Day with the minor child. The timeframe shall be from 9:00 a.m. until 8:00 p.m. This provision shall supercede any other provision of this order. 9. _ The parties shall work out an arrangement to share custody of Dylan on Dylan's birthday on July 21 st. 10. The non-custodial parent shall e~oy reasonable telephone contact with the child when the child is in the other parent's custody. 11. In the event the non-custodial parent is off work and the custodial parent is working during the day, the non-custodial parent shall have the opportunity to be with the child during the day in lieu of a daycare provider. This provisions shall apply in situations where the custodial parent is required because of work or otherwise to spend a number of hours away from the child. 12. The parties may modify this order by their own agreement. Absent any agreement between the parties, this order shall control. .- -~.. cc: "<~ ", - .-, - "-- "''''-,-,M>! 13. This order is entered pursuant to an agreement reached between the parties at a Custody Conciliation Conference. In the event the parties desire to modify this order, either party may petition to have the case again scheduled with the Custody Conciliator. BY TIIE COURT, Robert L. O'Brien, Esquire Thomas S. Diehl, Esquire J. c~ f}aJJ. i- 9-00 '"K t<.3 - ~ " '~ " ,-",~,,-- , RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CML ACTION - LAW ARLA D. BASILE, Defendant NO. 2000 - 2038 CNIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CNIL 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: Dylan Dean Basile, bomJuly21, 1991. 2. A Conciliation Conference was held on June 2, 2000, with the following individuals in attendance: The Father, Ralph E. Basile, with his counsel, Robert 1. O'Brien, Esquire; and the Mother, Aria D. Basile, with her counsel, Thomas S. Diehl, Esquire. 3. The parties agree to the entry of an order in the form as attached. DAWU[UD OJfi-Kh Hubert X. Gilroy, Es Custody ConciIia I_~il~ '", ''"'":l!l:l!~~I,iIlIfil\ll~~f;li~iiIl!L \~ ~uf "" ~"~ = ' ~" j" ibi~l!WI'Ill" , "-> C".:::> 0 c;:, "71 .....- CJ .-1 't P'l I-r; rn....J C-) r-- I =B~ CO ,:)C J -U -;:1'-'" -~~ ...,.1 -"~, I~)' .~") 7' ~, c5f"n L:_ -, ~(\ =< U1 1; (.,) =-< ~ 0- ~ \ .() \ d\ '" ...... ~\ \ ~ cr--- ij ~ '-" _"_~-,'.....'__ ~~'. '_',','" ,"- 'c-;';';; ,""" ,,-- '''' .... ' ,IAN 2 6 2005~ ARLA D. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW RALPH E. BASILE, Defendant NO. 00-2038 IN CUSTODY COURT ORDER AND NOW, this c::<f':6 day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No.4 of the Cumberland County Court House on the :1A.-;L day of (),I/>V'-", 2005 at 9;Zxl~.m. At this hearing, the Mother shall be the moving party ~ proceed initially with testimony. Counsel for the parties shall fIle with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before this Court, a list of 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 five days prior to the mentioned hearing date. 2. Pending further order of this Court, this Court's Order of June 8, 2000 as supplemented by the Order of December 21, 2004 shall remain in effect. BY THE COURT, J~i. cc:, ~ --k F. Bayley, Esqm,.re, Zbert L. O'Brien, Esquire ~-"'-' . 'M~ - ''i''I'MliHltirii ~,--- I I .. I .. i - I Cff:::f'..r,.:"."!",,,, r-''-l-U-\h r- v._ OF TH~ DOn,l-lOhiOTfqV Ie: I, h"., Ij I dl" illi., Z005 JAN 28 AN II: 15 CUi\!!i3~)::,',~ i'-:U --)]UN7Y PEt,-ji\}SYL\~LlJ\}!A I!) .-_ " -,>F~ f ,_~"",- ~i"",,.,__ ;',-, "'C, ,,"r.-' __c"",,~,_, "",_, 'o",,'k., __~ ~.' ARLA D. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW RALPH E. BASILE, Defendant NO. 00-2038 IN CUSTODY 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: Dylan Dean Basile, born July 21, 1991. 2. A Conciliation Conference was held on January 20, 2005, with the following individuals in attendance: Father, Ralph E. Basile, with his counsel, Robert L. O'Brien, Esquire, and Mother, ArIa D. Basile, with her counsel, Mark F. Bayley, Esquire. 3. There is an Order from June of 2000 which the parties have lived by for the past four and a half years. There was a recent event which generated a special relief hearing for the Court whereby the Court did modify the existing Order. Mother is now suggesting that the minor child is expressing a desire to cut back on periods of temporary custody with the Father. Father is indicating that he is not aware of any such request and that he does not feel it would be appropriate. The parties are unable to reach an agreement and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. / - ;;1 S--:- Os DATE a6l-Y! Hubert X. Gilroy, Esquir Custody Conciliator . n" __~" _ __ " - M _ ";~ ~, , u., ," RALPH E. BASILE, Plaintiff vs. ARLA D. BASILE, Defendant .-:, .,,-=- -o"-~ _ ., ,_", ", '~" ~, - - ,-- ,-~,', .....,;,,;;.;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2038 CIVIL IN CUSTODY ORDER 1'3!! AND NOW, this day of June, 2005, after hearing, the custody order in this case is modified in that, during the summer months, during the days when the father works at night, he shall have custody of Dylan from noon on the day following his work until the evening when the father is preparing to go to work. In all other respects, the order of June 8, 2000, shall remain in full force and effect. ....Robert O'Brien, Esquire For the Plaintiff ~ark Bayley, Esquire For the Defendant :r1m BY THE COURT, -AJ-,. /1 Ji 7A. Hess, 1. ;" __ ~_ _,pr , ~--, ._~~ , FlLED-QfFICE OF TH;: cOQTwnNJrJ'-IARY l.o.lll ill..." , o 2005 JUN 13 PI1 :l: 35 v..I ~ CLhVbE;:'i:".:..i',;L._',' CUUNTY Pt..l'\l i\],SYLV,l\i~!f\ ~,' '" '.- ' -,-- ,p:-~- '"I' 'H~lJ_.',', ,'~ ,"'0 "rlS~T.~~ .,,,-, 0, ., l1!IIJ ,__ ,~, 0__" '- q ~ ,-, ."'~ d 03 ,1lIiIII_""",III!'!\fI!!I!!\I!~ RALPH E. BASILE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-20:38 CIVIL TERM Vs. ARLA D. BASILE Defendant IN CUSTODY RESPONSE TO PETITION FOR EMERGENCY RELIEF 1. It is correct that Ms. Basile is the Petitioner in the instant action, however she is the Defendant in the above numbered action, also the child's name is Dylan. 2. Admitted. 3. Admitted. 4 -9. It is admitted that the Father was arrested and later charged with criminal attempt to have unlawful contact and criminal attE:!mpt with the use of a communication facility. It was an entrapment operation and there was no 12 year girl, only an agent that solicited individuals on the internet. Father denies that he has a history of sexual abuse and denies that he is a pedophiliaG. Father denies that he presents any threat to his son. Prior to his being formally charged in November, 2004, and in anticipation of the upcoming charges, he discussed with Petitioner as well as his son, the charges that he anticipated would be filed. With that knowledge the Petitioner took no action until last week. In the interim he spent in excess of twenty days and overnights with his son. Most recently he spoke with his son on Saturday, December 11, 2004, after receiving the emergency petition, and his son asserted that he wanted to spend time with his father and was not afraid of his Father. The Father has sought counseling, not for pedophilia which he does not suffer from, but for dealing with the stressors in his current situation. WHEREFORE, Plaintiff requests your HOOi:)rable Court to: A) Continue the existing custody order; and . B) grant such other relief as is just and in the best interest of the child. Respectfully submitted, Date:~ \2ci[<)~ Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249,.6873 I verify that the statements made in the foregoing Response To Petition For Emergency Relief 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. ~EI~a.c:.4 RALPH E. BASILE DATE: l~o/f)'1 ~j ! ~ '.:"'1.. _:~~ f-:'t (:.,....1 ~~ ,-', 'II .--\ -\--. \ 1\ 1:-::' \' I C) _..--1 . i ~" '" (.'1..... ': \ ': - l \ (>) r,,) C) ARLA D. BASILE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-2038 CIVIL ACTION LAW RALPH E. BASILE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 16, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 20, 2005 at 8:30 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 existinl~ Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heariof!. FOR THE COURT. By: Isl Hubert X Gikov. Esq. Custody Conciliator mhc 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 tht: court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS 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 P ~-# ~~~ )?O-/e-e( -#-t ~ ~ A(/-Ie-~? ~~$.~~~ fi~.teC'l : '[-,'._' "_J ! 1 ~ ,.-. ...- - i\U'= , -, r\---:~ \-0--,7 O-J:\ t=.-J ~tf~;.~;JiG~~ .- ~ ~. ."~; ,r" '. _;~_,'";, ,....'~-'" ._' --' _~. '.b~ DEe 0 9 2004 ( , RALPH E. BASILE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW ARLAD. BASILE, DEFENDANT NO. 2000 - 2038 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this day of , 200_: 1. A hearing is scheduled with regard to the within Em{~rgency Petition on the day of , 200 _..J at o'clock, .m., in Courtroom # _ of the Cumberland Courthouse. Carlisle, Pennsylvania; 2. Pending said hearing, Father's visits with Dillon Basile, thirteen (13) years of age, are suspended. BY THE COURT: 1. 6 DEe 0 9 2004 f: ArIa D. Basile, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2000 - 2038 Ralph E. Basile, Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Arla D. Basile, by and through her attorney, Mark F. Bayley, Esquire, and in support of the within Petition avers as follows: 1. Petitioner is ArIa D. Basile, who resides at 940 Forest Court, Carlisle Cumberland County, Pennsylvania 17013. 2. Respondent is Ralph E. Basile, who resides at 906 Hamilton Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On June 8, 2000, the Honorable Kevin A. Hess entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. On or around September 22,2004, Father was arrested in Susquehanna Township, Dauphin County, by the Child Exploitation Task Force after attempting to meet with a twelve (12) year old child to have sex and take nude photographs. b. Father is currently out on bail. c. Father has a history of sexual abuse regarding children and is currently a major threat to his son, Dillon, thirteen (13) years of age. d. It is unknown whether Father is receiving the help he needs with regard to his Pedophilia. 5. The best interest of the child will be served by the Court modifYing said Order. WHEREFORE, Petitioner prays this Court to grant modification of the Custody Order as follows: Primary physical custody with Mother. Appropriate visits with Father as determined by agreement or the Court. Respectfully submitted, ROMINGJER, BAYLEY & WHARE DaJ L ~g;~ a-/ '- ~l~ Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Petitioner Aria D. Basile, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2000 - 2038 Ralph E. Basile, Defendant : CIVIL ACTION - LA W : IN CUSTODY ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for ArIa D. Basile in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. 94904, relating to unsworn falsification to authorities. Date [ Z - ~ - 0'-( ~qS Attorney for Petitioner RALPH E. BASILE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW ARLA D. BASILE, DEFENDANT NO. 2000 - 2038 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitioner do hereby certifY that I this day served a copy of the within Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Ralph E. Basile 906 Hamilton Street Carlisle, PA 17013 LA4CS Dated: [Z-<6~O'-{ Mark F. Bayley, Esquire Attorney for Petitioner JUN 0 7 2001Ju'J RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ARLA D. BASILE, Defendant NO. 2000 - 2038 CIVIL IN CUSTODY COURT ORDER AND NOW, this r 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 20, 2000 is vacated. 2. The Mother, ArIa D. Basile, and the Father, Ralph E. Basile, shall enjoy shared legal custody of Dylan Dean Basile, born July 21, 1991. 3. During the school year, physical custody shall be handled as follows: A. Mother shall enjoy primary physical custody of the minor child. B. Father shall enjoy periods of temporary physical custody with the minor child as follows: 1. On alternating week(mds from Friday after work until Monday morning when he shall deliver the child to school. When Monday is a holiday and Father is off work, Father's periods of custody shall continue through until Tuesday moming. 11, Every Wednesday evening from when Father is off work until Thursday morning when the Father shall return the child to school. iii. At such other times as agreed upon by the parties. 4. During the summer months, physical custody shall be alternated between Mother and Father on a week on/week off basis with exchange of custody to be on Friday evening after work unless agreed upon otherwise between the parties. Each parent also reserves the right to have an additional one week period of vacation during the summer such that their custody times could be expanded to two weeks. The parties shall work out arrangements for the scheduling of any such vacation. eKHIdrr '~-t" ~"~ ~ ,Nt ,~\ f.-a ..~:-~~ ~ " 5. The Christmas holiday shall be divided into two segments, the first segment being Christmas Eve from Noon until Christmas Day at Noon and the second segment from Christmas Day at Noon until December 26th at Noon. The Mother shall enjoy the first segment in the year 2000 with the parti~:s alternating thereafter. 6. The Thanksgiving holiday, Easter holiday and New Year's holiday shall be divided into two segments. The first segment shall be from 9:00 a.m. until 3:00 p.m. and the second segment shall be from 3:00 p.m. until 9:00 p.m., the parties shall work our an arrangement to divide those segments and alternate them each year. 7. The parties shall alternate holidays including Memorial Day, July 4th, and Labor Day. The Father shall have July 4th in the year 2000 with the parties alternating those three holidays thereafter. 8. . The Mother shall always enjoy Mother's Day with the minor child and the Father shall always enjoy Father's Day with the minor child. The time frame shall be from 9:00 a.m. until 8:00 p.m. This provision shall supercede any other provision of this order. 9. _ The parties shall work out an arrangement to share custody of Dylan on Dylan's birthday on July 21 st. 10. The non-custodial parent shall enjoy reasonable telephone contact with the child when the child is in the other parent's custody. 11. In the event the non-custodial parent is off work and the custodial parent is working during the day, the non-custodial parent shall have the opportunity to be with the child during the day in lieu of a daycare provider. This provisions shall apply in situations where the custodial parent is required because of work or otherwise to spend a number of hours away from the child. 12. The parties may modify this order by their own agr1eement. Absent any agreement between the parties, this order shall control. 13. This order is entered pursuant to an agreement reached between the parties at a Custody Conciliation Conference. In the event the parties desire to modify this order, either party may petition to have the case again scheduled with the Custody Conciliator. cc: Robert L. O'Brien, Esquire Thomas S. Diehl, Esquire BY mE COURT, ~4* J, /,Hess t.~ flaU L- 9-00 ~K.3 RALPH E. BASILE, Plaintiff v IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 2038 CIVIL IN CUSTODY ARLA D. BASILE, Defendant Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMl\1rARY 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: Dylan Dean Basile, born July 21, 1991. 2. A Conciliation Conference was held on June 2, 2000, with the following individuals in attendance: The Father, Ralph E. Basile, with his counsel, Robert L. O'Brien, Esquire; and the Mother, ArIa D. Basile, with her counsel, Thomas S. Diehl, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~j U(w DAT Of{i-- K /U Hubert X. Gilroy, Es~e Custody Concilia~ 'b ~ ~(\ J ""'- ~ v ~ \ .\J \ tA, \.. ........ ~\ ~ \ ()' ~' "..~ l"~ t' .") ,-:., -/.:..- C1 r ' l ,; I C:;) o -Tl .----j ~ r~ :~] f:~ l? , Ie> r' I i ~ ~:~.~ . ..> '1 J; -. J --< 1'.) U1 <.d RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-2038 CIVIL ARLA D. BASILE, Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this Z J !' December, 2004, this matter having been called for hearing, following interview with the child, Dillon Dean Basile, age 8, born July 21, 1991, and conference with counsel in chambers, it is ordered and directed that the father's rights of partial custody in this case shall continue as heretofore ordered, subject, however, to the following terms and conditions: 1. The father shall engage in no inappropriate internet contacts during periods when the child, Dillon, is in his home. 2. The father shall retain a counselor and engage in counseling with respect to matters having to do with his recent arrest. The identity of said counselor shall be provided to counsel for the petitioner/defendant but not to the petitioner/defendant herself. The plaintiff is further directed to schedule a first appointment within thirty (30) days. 3. The father shall terminate any of his currently used chat room identities and shall engage in no chat room activity during times when Dillon is at his home. BY THE COURT, "d~ . Hess, J. : ,';.:.'.. \ I~, : ", '""'; i C", , : 1 ! !. ~. J ~- f:. (: ",'-J _. 4" )~-l~' ~ 'i ~, Robert O'Brien, Esquire For the Plaintiff Mark Bayley, Esquire F or the Defendant :rlm .IAN 2 6 200SloY ARLA D. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW RALPH E. BASILE, Defendant NO. 00-2038 IN CUSTODY COURT ORDER AND NOW, this J),r;1:6 day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No.4 of the Cumberland County Court House on the .11-<<- day of CJu.~, 2005 at (i'~.il...m. At this hearing, the Mother shall be the moving party ~ proceed initially with testimony. Counsel for the parties shall me with the Court and OPJlOsing counsel a memorandum setting forth the history of custody in this case, the issues currently before this Court, a list of witnesses who will be called to testify in this case and a summary of the anticipated testimony of each witness. This memorandum shall be med at least five days prior to the mentioned hearing date. 2. Pending further order of this Court, this Court's Order of June 8, 2000 as supplemented by the Order of December 21, 2004 shall remain in effect. BY THE COURT, ,i cc:)13fk F. Bayley, Esquire /-Robert L. O'Brien, Esquire '~~ ~OS 6\')..CfJ ,- f'\- '.....ii'" FlLEC-O~;:':iCE TH'- f'r"''"'',':'ll(''lI\,''''"iii'Y,' C ;~;<i__' ~ ;'";,~;: :'.)Jr,j~, ZOGS JMI 28 nj! I: I 5 .<: ~-,),^?JTY ARLA D. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RALPH E. BASILE, Defendant NO. 00-2038 IN CUSTODY 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: Dylan Dean Basile, born July 21, 1991. 2. A Conciliation Conference was held on Janual~y 20, 2005, with the following individuals in attendance: Father, Ralph E. Basile, with his counsel, Robert L. O'Brien, Esquire, and Mother, Aria D. Basile, with her counsel, Mark F. Bayley, Esquire. 3. There is an Order from June of 2000 which the parties have lived by for the past four and a half years. There was a recent event which generated a special relief hearing for the Court whereby the Court did modify the existing Order. Mother is now suggesting that the minor child is expressing a desire to cut back on periods of temporary custody with the Father. Father is indicating that he is not aware of any such request and that he does not feel it would be appropriate. The parties are unable to reach an agreement and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. / -;;; S-: oS- DATE a6fYJ Hubert X. Gilroy, Esquir Cnstody Conciliator RALPH E. BASILE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA W NO. 00-2038 CIVIL ARLA D. BASILE, Defendant IN CUSTODY ORDER 1"3!! AND NOW, this day of June, 2005, after hearing, the custody order in this case is modified in that, during the summer months, during the days when the father works at night, he shall have custody of Dylan from noon on the day following his work until the evening when the father is preparing to go to work. In all other respects, the order of June 8, 2000, shall remain in full force and effect. BY THE COURT, :rlm ~J--' /lJJ- 7A. Hess, J. vRobert O'Brien, Esquire F or the Plaintiff ~ark Bayley, Esquire F or the Defendant S S :8 ~J.d E INn; SOOl "j'.J'(" ,,"" ,'r! , I -\11 :10 ^' ., i r,j' :,"; i i iU"""j ..: . .l~ ... _.......! 'i~....... ,........_1 .... ..J 38L:l:IO-Q31i::l