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HomeMy WebLinkAbout00-03189 . ,. ,"-_:."".',,. ",," ""~",, - ". -~ "',j,. "~'"'" ",..'. 'c-/ ." ; '~, ;lJ ~.. f AUG 2 5 2,fJOOW TERRY DASHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BOBBIE MASTERTON, Defendant NO, 2000 - 3189 CIVIL IN CUSTODY COURT ORDER AND NOW, this 3? -ltAday of August, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Court's prior Order ofJune 9, 2000 is vacated, 2, The Father, Terry Dasher, and the Mother, Bobbie Masterton, shall enjoy shared legal custody Marianna Jean Dasher, born February 22, 1997, 3, The Father shall enjoy primary physical custody of the minor child, 4, The Mother shall enjoy periods of temporary physical custody with the minor child on every Monday, Wednesday and Friday for a period of two hours each day. The time shall be from 10:00 a,m. until 12:00 p,m, or from 4:00 p,m, until 6:00 p,m. depending upon the work schedule of the parties, Unless agreed otherwise, the Mother shall pick up the child at Father's home and return the child to Father's home. Mother shall also enjoy such other periods of temporary custody with the minor child as agreed upon by the parties. 5, Holidays shall be alternated or shared as agreed upon by the parties, However, for Thanksgiving of 2000, the Mother shall have custody of the minor child from 9;00 a.m. until 5:00 p,m, with the Father enjoying custody on the Christmas holiday, 6, The parties may modifY this Order as they may agree, However, absent an agreement, the parties shall abide by the terms of this order unless either party desires to have this case again scheduled with the Custody Conciliator for a Conference at which time either party may petition the Court for such a conference, 7. Neither parent shall expose the minor child to anyone who is consuming illegal drugs or alcohol. 8, Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the parent. I, , . ~ . ''''''''''~ .~~ ,-,." .' " ~~."., -,"'~ . < /"",'- \.....;i- 00 we; :) ,'" IU: L. 7 CUfvH+:i'~)L,~,i\il'" (ri! '/\rrv ,,-, k '. ".....I '_h_,,~I, I I PEi'-iNSYL\I,\\i1i1 "", """~..~ ,~~'~mW:li\...;"I_ - L"~~, .~" (' cc: '",.I 9, Both parties shall have the opportunity to have extended summer vacations with the minor child up to seven (7) consecutive days, The parties shall notifY the other parent at least thirty (30) days in advance as to when they anticipate to exercise the summer vacation, James J. Kayer, Esquire Maryann Murphy, Esquire BY THE COURT, J, J >~ ~ 4..3I,OV ~. - ,,'" '"i '-.'- --. __'~ '"' ',_C "-,,"<"T;',;. '--"';""'<'H"')' ,'" ,;'.J ,.., .~ , . TERRY DASHER, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BOBBIE MASTERTON, Defendant NO, 2000 - 3189 CIVIL IN CUSTODY Prior Judge: 1. Wesley Oler, Jr, 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: Marianna Jean Dasher, bom February 22, 1997. 2, A Conciliation Conference was held on August 18, 2000, with the following individuals in attendance: The Father, Terry Dasher, with his counsel, James 1. Kayer, Esquire; and the Mother, Bobbie Masterton, with her cOUll5el, Marryann Murphy, Esquire, 3, The parties agree to the entry of an order in the form as attached. 9;6 if Of) D~TE a . ~ < TERRY DASHER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, BOBBIE MASTERTON DEFENDANT 2000-3189 CIVIL ACTION LAW 1.1, -l'j' IN CUSTODY ORDER OF COURT AND NOW, this 26th day of May ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeHubert X, Gilroy, Esq, , the conciliator, at 4th Floor, Cumberland Connty Courthouse, Carlisle on the 18th day of August , 2000, at 9:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, , 'I By: /s/ Hubert X. Gilroy. Esq~ Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, yOU SHOULD TAKE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249..3166 ,f ..~ ~I ,- ~'i I F','LEO...C\i::r-i/'c' f'\f"" '7>, ,~~ VTrJ\..I vr 11"', ,~D,""'" 'aND" . '.' "v'N rARY DO MAY 30 PH 2: 27 CllMBt;RLANO CQ/JNry ~SYLVANfA 5-3t).OO !!wi ~ ~ $~'+ f...b. 610 ~~ pza...w z ~ 5.3C)'CJC:; ~ ~ ~ 7</. ~#, '''''''fJlI!".,.,......."......,._~ ~~~~o. ~~. <,......,_ ,,~~il~ijftil:r-<NP"',"3F.Ii:'~~!1WiF.~!l\Ill'~~i~~, ". ,~..,.,~~~lI!)!llIII!!lI!lIIJ , . " . e.- M,!i, "4 ~ TERRY DASHER, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO, 2000 - 3 t~IVIL TERM : CIVIL ACTION - LAW BOBBIE MASTERTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, Custody Conciliator, at on of , 2000, at _ o'clock _,M" for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to defme 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, FOR THE COURT, By: , Esquire Custody Conciliator L YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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, James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, P A 17013 (717) 243-7922 cc: James J. Kayer, Esquire Attorney for Plaintiff Bobbie Masterton, Pro Se Defendant .- -,"" ,"" , ,~ , " "'<. , TERRY DASHER, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, 2000 _3/9bvIL TERM : CIVIL ACTION - LAW BOBBIE MASTERTON, Defendant : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Terry Dasher, by and through his attorney, James J, Kayer, Esquire and avers as follows: 1, Plaintiff is Terry Dasher, an adult individual, residing at 639 North East Street, Carlisle, Carlisle, Cumberland County, Pennsylvania 17013, 2, Defendant is Bobbie Masterton, an adult individual, who is residing at the Domestic Violence Services shelter on North Hanover Street, with a mailing address ofP,O, Box 1039, Carlisle, Cumberland County, P A, 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Marianna Jean Dasher, North Hanover Street, Carlisle, PA, 17013 born, 2/22/97, 3 yrs, The child was born out of wedlock. The child is presently in the custody of the mother, During the past two years, the child has resided with the following person(s) at the below addressees): February 22,1997 until October 5,1999, With mother and father at 639 North East Street, Carlisle, PA October 5, 1999 until October 31, 1999: With thefather at 639 North East Street, Carlisle, P A 17013 October 31,1999 until May 3, 2000. With mother and father at 639 North East Street, Carlisle, PA May 3, 2000 until present. With mother at the Domestic Violence Services shelter, 4, The mother of the child is Bobbie Masterton, residing at the Domestic Violence Services shelter, Carlisle, Cumberland County, P A, 17013. She is not married, 5, The father of the child is Terry Dasher, residing at 639 North East Street, Carlisle, Cumberland County, Pennsylvania,17013, He is not married. 6, The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following person(s): Name Relationship None 7, The relationship of the defendant to the child is that of mother. The Defendant currently resides with child and the following person(s): Name Relationship Unknown 8, 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 a 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, 9, The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody of the child as the mother has left the parties' home frequently in the past and has abandoned the child, Mother has been diagnosed with depression and is currently receiving Social Security Disability as a result of her behavior, which has included ideation's of suicide and actual suicide attempts, Allowing the child to reside primarily with the mother places the child at risk unnecessarily when the father has always demonstrated his desire and ability to be the child's primary custodian. . . 10, Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action, All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency ofthis action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff, Respectfully submitted, ,Kaye Es ire ey for aintiff &Bro 4 E. iberty venue Carhsle, P A 17013 Superior Ct. l.D, 50838 Date: 71t3!Od ".,,'~, "'" ~, ..'. ""- ~ " 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW TERRY DASHER, Plaintiff No.00-3189 Civil Term v. BOBBIE MASTERTON, Defendant IN CUSTODY AND NOW, this INTERIM ORDER OF COURT "I ~ day of J uJ'\ c... , zo.".;) , upon agreement of the parties and their respective counsel, IT IS HEREBY ORDE~D AND DECREED that custody of the minor child, MARIANNA JEAN DASHER, born February 22, 1997, pending the Custody Conciliation scheduled for August 18,2000 at 9:30 a,m" shall be as follows: 1, The parties shall share legal custody of the minor child, 2, Physical custody of the minor child shall be with MOTHER during the following periods: (a) From Saturday, June 3, 2000 at 8:00 p,m. until Monday, June 5, 2000 at 3:45 p,m. (b) From Friday, June 9, 2000 at 5:00 p.m. until Sunday, June 11,2000 at 9:00 a,m, (c) From Friday, June 16,2000 at2:00p,m, until Monday, June 19,2000 at 9:00 a,m. (d) From Friday, June 23, 2000 at 5:00p,m, until Monday, June 26, 2000 at noon (e) From Friday, June 30, 2000 at 5:00 p.m, until Monday, July 3, 2000 at 9:00 a,m. ~... !fIg...""" ." ""_Ii6'~oi-_~~~r."':-nh;l~~x~m~~~ ,. jiliJ!ill' li!i"fI4iitiluliilri- "., '1I11l!il1illiii ' "" '. ~ '. ,., ",~.',. -,~ , " "- ,. C,"'" _',,~ '< ,""I ,',~ ~-I ~" " - (") a 0 I'~- 0 -., ~: , ..., -oee; c= 5~ ~~lj :;;3t; m ~~~ ! c3~; U) Gee -0 :;:';, -'n z-c, .- -:~~t') S;C) ~ ;:7;-,:;:m ..; c: ~, ~ ;-~ :.n .", =< :.a .,-1 -< . 'i '"' ., ~. ,.;.;.;. . '" "'--~~ ,,;, "' --<"-',. .. In the event that MOTHER cannot exercise her periods of custody at the times designated above, she shall call FATHER by noon on Friday to let him know. If the parents cannot agree to alternate arrangements, MOTHER shall have the child the following weekend, FATHER shall have the minor child at all other times, as well as for summer vacation from Monday, July 3, 2000 at 9:00 a,m. through July 13,2000, After FATHER returns from vacation, the parents shall continue a schedule of custody for MOTHER similar to that outlined above, The specific times shall be by agreement of the parents, In the event that the parents cannot agree, a second four-party conference will be held with the parents and their attorneys to determine a schedule, Until MOTHER relocates to a residence of her own, or until the Custody Conciliation, whichever first occurs, her periods of custody shall take place at the home of the child's maternal grandmother or at another location mutually agreed upon by both parents, FATHER shall provide all transportation for custody transfers, 3. The parents shall communicate directly with each other regarding their child, and shall not permit third parties to become involved in matters concerning the minor child, 4. Both parents shall keep each other advised of their current addresses and phone numbers. FATHER shall provide an address and phone number to MOTHER of where he will vacation with the minor child. 5. Neither parent shall use illegal drugs or use alcohol to excess while they have custody of the minor child, 6, Both parents shall permit reasonable telephone access between the child and each of her parents. 7, Neither parent shall make derogatory or uncomplimentary comments about the other , ,,,'~' , ~'~; parent in the presence or hearing of the child. Both parents shall encourage a close and loving relationship between the child and each of her parents, 8, The custody schedule set forth herein shall not in any way prejudice either parent from asserting primary physical custody at the Conciliation or at a subsequent hearing. 9. This Order shall remain in full force and effect until further Order of Court or written agreement between the parties, BY THE COURT: a J, ~~ I.r / :<-00 1?Ks Distribution: James J. Kayer, Esquire, counsel for Defendant Maryann Murphy, Esquire, counsel for Plaintiff liIllil!i'~'.i~~1iIiIB!wmlu.t~mMmk~".'''>'liM,!,~~~Il!~___~ I!lill"--< .-' . " ,m ,,~r, --,", _,n,. 1 " ~ lM'1Id ~ , ~ '. " ~. vc) ~ ^^, 1:il!lil1{Iil () r~ 3{rp Il.f', Z:J._' ZC ~:~;~ ).":; zc; s..::: ~"~' ~7 -'j -<, ,r, Cl o t_ e: ,:~ o "Tj ~D h, -,-';-" '--' , cD '~,-)C) ~;:~'; '-O::::,rn .,y ~.;'" :...i ~~ '" .~ -< => f" Ii - > ,~ " d . ,le; . . ,. "'- ""~""";o--',.",,,,--,,,--'. C'='c'; .";"",,~,;-: .i.-_--'.'<"'''','~.~,C.,'', ,~ i."/~";; Terry Dasher, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, ; CIVIL ACTION-LAW Bobbie Masterton, Defendant : NO, 2000-3189 CIVIL TERM PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE withdraw the appearance of MidPenn Legal Services as attorney of record for the Defendant, Bobbie Masterton, in the above captioned matter. ~~ctfully subm"itted bc4bY, f t~' < I ' . -\ Gr Mi enn Legal Services, Carlisle, P A Dated: PLEASE enter the appearance of the Family Law Clinic as attorneys of record on behalf of the Defendant, Bobbie Masterton , in the above-captioned matter, Respectfully submitted by: ~,\ Q/J-JtJtjJ-f ch Lauren McHale Certified Legal Intern S THOMA M.PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 - ~~lIJ1il 1~!lIitI~i!tI""M!!;ii\tlli<..>J'~ ", 0, .,-~. ]dl- " ~ ,. ^~ 0.....1i /fd( w. ~,. (") "" ~ = c: = ;s: GT' -4 ",:;0 :::I: ffi:13 mrre so Z'~T,i m -..1('- :B? "'"',' ~.- ~,~z 0" 90 c:C) :t>' ~a ~c :::I: .,;0 - Q .>c: ~ -;7 .. ~ c.J'I ?i! (X) '~ - ~. -, ~.. - "~~ .~, ,._, ~'-<'" - .'-.'~. ';';'~I .?, "'" MARK F. BAYLEY, ESQUIRE ATTORNEY ID NO, 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF Terry Dasher, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION. LAW IN CONTEMPT NO, 2000.3189 CIVIL TERM Bobbie Masterton, DEFENDANT IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Terry Dasher, in the above-captioned matter. ~214 Date: Mark F, Bayley, Esq IRWIN & BAYLEY 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 1.0, # 87663 Attorney for Plaintiff "= ,,-- ~\.. Terry Dasher, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v, CIVIL ACTION. LAW IN CONTEMPT NO. 2000 - 3189 CIVIL TERM Bobbie Masterton, DEFENDANT IN CUSTODY CERTIFICATE OF SERVICE I, Mark F, Bayley, Esquire, attorney for Plaintiff, Terry Dasher, do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: -Z1i/Q The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 l~ Attorney for Plaintiff Dated: - ~'~"'.'!!IIil!~_~~~ "' """"''''''' """"' ~.. ~ , . (") \,; ~ ~-- o:,y.} ~!{ ,~',-- ~:'- ';'?':c ...,c_,('- 'j;,~; '=3 -<. fJA ,-, {~ o,;;;? cr< ~ :;:0 N co ..J )',. o -" .-1 :.t~ rnp --n0-~ -;:-;y '-~~~l ""'G ~ 'i~~ ~~( ':::4 ,,- ":IJ =< J;:- w I~ "" . ..l - TERRY DASHER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 00-3189 CIVIL ACTION LAW BOBBIE MASTERTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, May 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before HubertX, Gilroy--,Esq, , the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Thursday, Juue 01, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!:. FOR THE COURT, By: /s/ Hubert X Gilro Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the COUlt, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE 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 ifl .,""'" S:02-a, 5';2-0& 5',;). -tJt 1-- JJPq1 nLlT . Of T\-n: i-i DOC '.," v) 2\.\:J0 Ui'\ I -- ~ '\~' "0 ,t:.o L:; CU:,/.[~ ,:'1"-':" cUi. ~ i14~ -t )<L-. '7lrl(; ~~ ~ 7:!" t~ ~~- ;tI..~ ~ ~ J~, .' ~ 1!!IIi'~~ ~_" p ~lIilIl""Il1l1lllll ,Jn~ ,,,....,.,?!"'~~~~W"~~~,..~o>iffif"!.,'''J',,!~'J,{(liV.MIW;'~ ."..~ ~~~Wl'I!"-l.M-lfW"llI~~~ ".l "c,-'" RECEIVED APR z 8 Z006 G Terry Dasher, Plaintiff : IN THE COURT OF COMMON PL : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION-LAW IN CONTEMPT Bobbie Masterton, Defendant : NO, 2000-3189 CIVIL TERM NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for Custody, If you wish to defend against the claim set forth in the following pages, you may, but are not required to file in writing with the court your defenses or objections, Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on at ,M, in Courtroom , in the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013, IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST If the court finds that you have willfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S, Bedford St. Carlisle, PA 17013 (717) 249-3166 , ~ ":-', '; BY THE COURT: ,",:,', ,'.~ '."" , ], AMERICANS WITH DISABILITIES ACT OF 1990 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, ,-,.,,' ", ;;;:1 Terry Dasher, Plaintiff vi. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW IN CONTEMPT Bobbie Masterton, Defendant : NO, 2000-3189 CIVIL TERM ORDER OF COURT AND NOW, this day of ,2006, 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 , 2006, at _ 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 of the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION ~,,"" -- ~ ., .-':-d 32 S, Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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. Terry Dasher, Plaintiff v, ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION-LA W IN CONTEMPT Bobbie Masterton, Defendant : NO, 2000-3189 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The Petitioner, Defendant Bobbie Masterton, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find PlaintifflRespondent, Terry Dasher, in contempt ofthe August 30, 2000 Court Order, In support of her Petition, Petitioner states as follows; 1. On August 30, 2000, The Honorable 1. Wesley Oler, Jr, entered an Order awarding Terry Dasher (Father), and Bobbie Masterton (Mother) shared legal custody of the minor child, Marianna Jean Dasher, and awarding Father primary physical custody and Mother periods oftemporary physical custody of the child, A copy of the Order is attached to this Petition as Exhibit "A", 2, Under the August 30, 2000 Order, Mother was to exercise periods of partial physical custody as follows; a. Every Monday, Wednesday and Friday for a period of two hours each day from 10:00 a,m, until 12:00 p,m, or 4:00 p,m, until 6:00 p.m, b, The Order also included a provision stating that each parent shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent, 3, Father has willfully failed to abide by the August 30, 2000 Order in that: a, Father has repeatedly refused to allow Mother to exercise her periods of temporary physical custody, " b, Father has repeatedly refused to allow Mother to exercise her right to reasonable telephone contact with the minor child. c, On numerous occasions, when Mother has gone to Father's house to pick up the minor child, Father and the minor child have not been home, so that Mother is unable to exercise her custodial periods, Specifically, Father has failed to abide by the Order in the following ways: i) In 2003, Father told Mother she could no longer see the minor child and refused to allow Mother to exercise her custody time, Father threatened to call the police if Mother attempted to see the minor child and physically assaulted Mother. ii) Mother notified Father on March 31, 2006 that she intended to resume her custodial periods on Aprill 0, 2006, iii) Father allowed Mother to exercise her custody time on Aprill 0 and 12, and also agreed to let her have custody on April 13, 2006, iv) Father told Mother on April 13, 2006 she could not see the minor child on Monday, April I?, 2006, v) On April I?, 2006, Father was not at his home when Mother attempted to exercise her custody time at 4:00 p.m, Mother waited one half hour before leaving Father's residence without the child, vi) On Aprill9, 2006, Father was not at his home when Mother attempted to exercise her custody time at 4:00 p.m, Mother waited one half hour before leaving Father's residence without the child, vii) On April2l, 2006, Father was not at his home when Mother attempted to exercise her custody time at 4;00 p,m. Mother waited one half hour before leaving Father's residence without the child, viii) Father has not allowed Mother to speak to the minor child on the telephone despite her attempts to do so, WHEREFORE, Petitioner requests that: a, Father be held in contempt of the Court's Order of Custody; b, Father be ordered to comply with the August, 30, 2000 Order; : f , c. Mother be awarded additional custody time to compensate for the wrongful deprivation of custodial time; d, Father be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa,C,S. ~ 4346; e, Mother be awarded such other relief as the Court deems appropriate, Date: 1/ eli-! OlP Respectfully submitted, ci~ Lauren McHale Certified Legal Intern ~i~~ft ROBERT E, RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM Q, MARTIN Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ~~ VERIFICATION I verify that the statements made in this Complaint 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. ~()~ ~~ Bobbie Masterton DefendantlPetitioner ," fiJ ,.t\j~lil11iniM"jElii'-~7": .-,.....:... .-.'. .- ii!I.c -,+; ',..." "j {'"") r-.:; 0 .' ~.:0 -n .~ , c::'--' ..-\ ..,-- ::;:: ..,., -0 rn ::;-.'J ~.;;>~? ~2~ -.. 1._),(::) "1"1 ",,'71> . 0 LJ " " ;T\ , (;-==; ? en :--.g -(J.., .~ f9J.;/l I. Terry Dasher, Plaintiff r~J>RrEIVED I Jr'-..t.................. .....r I APR 2 6 2006 I [Le,)': (' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION-LAW IN CONTEMPT Bobbie Masterton, Defendant : NO, 2000-3189 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Bobbie Masterton, Defendant, to proceed in forma pauperis, The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party, Date-i! r241cio I Respectfully submitted, daw Off-'o/rNIJ "- Lauren McHale Certified Legal Intern ROB INS THOMA M, PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM Q, MARTIN Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 _.' """'-" ; ~~~"'O'itl!llMm_1Ji "'~"~jlrlii -- ~ ~. '< '--\~ c. ... ~" ,((, i/:j11l " ""'"' ,~'" -;" ,,' ,-" ,c' ~? =<~ d "..,~.. '''' ~ c::;:, Ci"~ C) -n -l ::r:."""\; rnF -oP-~ ~~~t-, '.,!-,"[ ~ -'fl ~~~8 ::='1 ~ ,~ ~ ::';:1 -' .~. r::~ s: '2 U1 0':. I~ . l ~, ~-" v, RECEIVEI5\ APR 26 Z006 \ rI I BY: 2L : IN THE COURT OF COMMON PL AS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW IN CONTEMPT Terry Dasher, Plaintiff Bobbie Masterton, Defendant : NO, 2000-3189 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren McHale, hereby certify that I am serving a true and correct copy of the petition for Civil Contempt for Disobedience of Partial Custody Order and sanctions under 23 Pa,C,S, S 4346 on April 24, 2006 by first class United States Mail. Date: 4/&Y 1 oLP uJ {JYi1c I ' CTtI.ftt,ui QA-J 'Uti h~L.t Lauren McHale Certified Legal Intern ~~-& ROBERT E, RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G, MARTIN Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 " ';". ,~ , "dii"... "~""lL';~.~' ,,' ',' ,", ':. ""Iii"" ',~. '" ~ ;"';rl"'"tulif' .."",,'. . ~," - ,'- r~~:~ ~ ~QI ~'"" -.~, C) ~f ...., g~ -;;:) >--' f',,) -" .-<. ',',," o ,"'I -! -r- -1""1 i==ilr~; ~);~J LJ,(~" ::::::, :!-; ;.?,;~ =-~ '7? Ul (..,) . --'I I, I , 1-;0-., - -::-'1 -)' , =-l ~. ~5l 'I ,',,"','< : c' '< ,.' '"'^' ,,;.,.-',',~ .' t,_,," , ,'. , ;.;:.-; ,:\,'_;c.., ' - ,.' ;".~ '.<,~'..-",' RECEIVED JUN 28 mUll V TERRY DASHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-3189 CML ACTION - LAW BOBBIE MASTERTON, Defendant IN CUSTODY ORDER $1 AND NOW, this d- J day of Jnne, 2006, the Conciliator being advised that the parties have reached an agreement, Conciliator relinquishes jurisdiction. tIi- Hubert X. I1roy, Esquire Custodx onciliator 11 '" ,~ -,~.. - - ~ ,_ FiU:~:,> (1'- TI-'" n'--',. -', . it- 1';',1,1 "'Jcr UUJ , IU' . 29 Mill"',1 .'" L l j' ( Ul:.11l,"l' 1!!!11~~ ',I';)" "!; _.J'!I~ ",f1QIfI~i"""l_ - ,- v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000 -.3/gbVIL TERM : CIVIL ACTION - LAW TERRY DASHER, Plaintiff BOBBIE MASTERTON, Defendant : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Terry Dasher, by and through his attorney, James J. Kayer, Esquire and avers as follows: 1. Plaintiff is Terry Dasher, an adult individual, residing at 639 North East Street, Carlisle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Bobbie Masterton, an adult individual, who is residing at the Domestic Violence Services shelter on North Hanover Street, with a mailing address of P.O. Box 1039, Carlisle, Cumberland County, PA, 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Marianna Jean Dasher, North Hanover Street, Carlisle, PA, 17013 born, 2/22/97, 3 yrs. The child was born out of wedlock. The child is presently in the custody of the mother. During the past two years, the child has resided with the following person(s) at the below address(es): February 22, 1997 until October 5,1999. With mother and father at 639 North East Street, Carlisle, PA October 5,1999 until October 31,1999: With the father at 639 North East Street, Carlisle, PA 17013 October 31, 1999 until May 3, 2000. With mother and father at 639 North East Street, Carlisle, P A May 3, 2000 until present. With mother at the Domestic Violence Services shelter. 4. The mother of the child is Bobbie Masterton, residing at the Domestic Violence Services shelter, Carlisle, Cumberland County, P A, 17013. She is not married. 5. The father of the child is Terry Dasher, residing at 639 North East Street, Carlisle, Cumberland County, Pennsylvania, 17013. He is not married. 6. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following person( s): Name None Relationship 7. The relationship of the defendant to the child is that of mother. The Defendant currently resides with child and the following person(s): Name Relationship Unknown 8. 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 a 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. 9. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody of the child as the mother has left the parties' home frequently in the past and has abandoned the child. Mother has been diagnosed with depression and is currently receiving Social Security Disability as a result of her behavior, which has included ideation's of suicide and actual suicide attempts. Allowing the child to reside primarily with the mother places the child at risk unnecessarily when the father has always demonstrated his desire and ability to be the child's primary custodian. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names 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 Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff. Respectfully submitted, lame Atto Kay 4 E. iberty venue Carhsle, PA 17013 Superior Ct. LD. 50838 Date: 7IZ}!otJ ~~ , , -, '. Q) ~'" c Q) ~ Co> 0 , <(.... ~ ~ >.T- o '- t ctlC\J - o Q)._ C\J ~ ... e- .ac O'l a:lo~-ctl.... o -I > I ">.M "0_ W"''<t c: ~ "d". C C\J ~ ,Q . :i3 f::: '- UJ a.. ;: Cll l(l .;:: .,_ >-15 .3Ui m'" ._ ::.:: a. ~~ <( Q) U .a :::; 0 0 ~ ~ C) ~n f( ~ ~ -- .-/ ,- ".::.~ >.."'''' tl h .~ CS .-',. ~ ~'-J ':'::Tl (;. __c r:J 8 w I >0 ~ Q 0 0 c.) d ", ~ a 0 --.::"1 ~ <:' ')cs I r:- (-jrQ r , , - 1..... .. --I ff! ...:.:. ::0 ]::.. :n R ~ =< (:J -< 1-~ t TERRY DASHER PLAINTIFF V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BOBBIE MASTERTON DEFENDANT 2000-3189 CIVIL ACTION LAW 11 IN CUSTODY ORDER OF COURT AND NOW, this 26th day of May ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeHuhert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 18th day of August , 2000, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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, FOR THE COURT, By: Isl Hubert X. Gilro.:y. Esq~ Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , "'~ #- ~ ~ ~ c?c?-(?E';.9 ~ ~ ~ ~~ Oc? -r<:f ~#w!?/- ~ ~ rw Oo.CJE'-S J ...i2..Mt,,~ ,....'VI IUO ONt1i:i3ewno LZ:Z WcJ oc ~VH 00 J..WJ.ONoHLO " .',,' " 301:l.iO"Qh~ri.1. :dO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW TERRY DASHER, Plaintiff No, 00-3189 Civil Term v. BOBBIE MASTERTON, Defendant IN CUSTODY AND NOW, this INTERIM ORDER OF COURT 9 ti, day of J W'\ c.. , z.o~ , upon agreement of the parties and their respective counsel, IT IS HEREBY ORDE~D AND DECREED that custody of the minor child, MARIANNA JEAN DASHER, born February 22, 1997, pending the Custody Conciliation scheduled for August 18,2000 at 9:30 a.m., shall be as follows: I. The parties shall share legal custody of the minor child. 2. Physical custody of the minor child shall be with MOTHER during the following periods: (a) From Saturday, June 3, 2000 at 8:00 p.m. until Monday, June 5, 2000 at 3:45 p.m. (b) From Friday, June 9, 2000 at 5:00 p.m. until Sunday, June 11,2000 at 9:00 a.m. (c) From Friday, June 16,2000 at 2:00 p.m. until Monday, June 19,2000 at 9:00 a.m. (d) From Friday, June 23, 2000 at 5:00p.m. until Monday, June 26, 2000 at noon (e) From Friday, June 30, 2000 at 5:00 p.m. until Monday, July 3, 2000 at 9:00 a.m. " '., ,". {) . ;""';M"b@~'" " " 0 c:> 0 C <::) ."{1 s:: '- ~:1 '""(JrT; c= i'l''l'~ nlrr: Z Z:-.o I prn ZC ".'..r.-:? 0;:;:, \.0 I:=:]~~ 2"' C' - " :!! "- '~~~ i2:c .~ Z" ;po ~ 0 c: 't:! -,.. :.n ~ ...J ~ ~._, '~:Y ",lI.!r"" " In the event that MOTHER cannot exercise her periods of custody at the times designated above, she shall call FATHER by noon on Friday to let him know. If the parents cannot agree to alternate arrangements, MOTHER shall have the child the following weekend. FATHER shall have the minor child at all other times, as well as for summer vacation from Monday, July 3, 2000 at 9:00 a.m. through July 13,2000. After FATHER returns from vacation, the parents shall continue a schedule of custody for MOTHER similar to that outlined above. The specific times shall be by agreement of the parents. In the event that the parents cannot agree, a second four-party conference will be held with the parents and their attorneys to determine a schedule. Until MOTHER relocates to a residence of her own, or until the Custody Conciliation, whichever first occurs, her periods of custody shall take place at the home of the child's maternal grandmother or at another location mutually agreed upon by both parents. FATHER shall provide all transportation for custody transfers. 3. The parents shall communicate directly with each other regarding their child, and shall not permit third parties to become involved in matters concerning the minor child. 4. Both parents shall keep each other advised of their current addresses and phone numbers. FATHER shall provide an address and phone number to MOTHER of where he will vacation with the minor child. 5. Neither parent shall use illegal drugs or use alcohol to excess while they have custody of the minor child. 6. Both parents shall permit reasonable telephone access between the child and each of her parents. 7. Neither parent shall make derogatory or uncomplimentary comments about the other parent in the presence or hearing of the child. Both parents shall encourage a close and loving relationship between the child and each of her parents. 8. The custody schedule set forth herein shall not in any way prejudice either parent from asserting primary physical custody at the Conciliation or at a subsequent hearing. 9. This Order shall remain in full force and effect until further Order of Court or written agreement between the parties. BY THE COURT: 1. ~~ 1;- / /l.-(}O 'RKs Distribution: James J. Kayer, Esquire, counsel for Defendant Maryann Murphy, Esquire, counsel for Plaintiff _<M,kii.iWi.:ii,;.,.",.I1I._ '" () Cl (:) C c:> "q ~-:: ~ "-:.-1 -U [I1 :-:1 'n l1'~fn ;~ f-o:. Z:lJ I r,~ Z5 (I) ~': '"" ,-....,.' ?f;~ -0 t-~ :.,--'_.' j;; :'J!.: ZC! s;;:Cl :..o? ~5rn ,- c: =;! Z => ~ :0 fv -< -"~-"" AUG 2 5 20WJiJ TERRY DASHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW BOBBIE MASTERTON, Defendant NO. 2000 - 3I89 CIVIL IN CUSTODY COURT ORDER AND NOW, this 3? 1tAday of August, 2000, upon consideration of the attached Custody Conciliation Report, It is ordered and directed as follows: 1. This Court's prior Order ofJune 9, 2000 is vacated. 2. The Father, Terry Dasher, and the Mother, Bobbie Masterton, shall enjoy shared legal custody Marianna Jean Dasher, born February 22, 1997. 3. The Father shall enj oy primary physical custody of the minor child. 4. The Mother shall enjoy periods of temporary physical custody with the minor child on every Monday, Wednesday and Friday for a period of two hours each day. The time shall be from 10:00 a.m. until 12:00 p.m. or from 4:00 p.m. until 6:00 p.m. depending upon the work schedule of the parties. Unless agreed otherwise, the Mother shall pick up the child at Father's home and return the child to Father's home. Mother shall also enjoy such other periods of temporary custody with the minor child as agreed upon by the parties. 5. Holidays shall be alternated or shared as agreed upon by the parties. However, for Thanksgiving of 2000, the Mother shall have custody of the minor child from 9:00 a.m. until 5:00 p.m. with the Father enjoying custody on the Christmas holiday. 6. The parties may modifY this Order as they may agree. However, absent an agreement, the parties shall abide by the terms of this order unless either party desires to have this case again scheduled with the Custody Conciliator for a Conference at which time either party may petition the Court for such a conference. 7. Neither parent shall expose the minor child to anyone who is consuming illegal drugs or alcohol. 8. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the parent. ViN(lJ'ilASNN3d ALNnO:J (IN'<i18:::m~n:) L 71 :01 H\' I S :JfllJ 00 JJJ'{LC:' : :.,. ,., ,", ,..: 3;):J!O--c:n:J ..Yl -" 9. Both parties shall have the opportunity to have extended summer vacations with the minor child up to seven (7) consecutive days. The parties shall notifY the other parent at least thirty (30) days in advance as to when they anticipate to exercise the summer vacation. BY THE COURT, 1. cc: James 1. Kayer, Esquire Maryann Murphy, Esquire >~ ~ f,3i,OV ~. . TERRY DASHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BOBBIE MASTERTON, Defendant NO. 2000 - 3189 CIVIL IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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: Marianna Jean Dasher, born February 22, 1997. 2. A Conciliation Conference was held on August 18,2000, with the following individuals in attendance: The Father, Terry Dasher, with his counsel, James J. Kayer, Esquire; and the Mother, Bobbie Masterton, with her counsel, Marryann Murphy, Esquire. 3. The parties agree to the entry of an order in the form as attached. ~h yf 00 D~TE a Terry Dasher, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW Bobbie Masterton, Defendant : NO. 2000-3189 CIVIL TERM PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE withdraw the appearance of MidPenn l.egal Services as attorney of record for the Defendant, Bobbie Masterton, in the above captioned matter. Re,sp~ctfully submitted ~Yn . \ V t.\ ~ Gra D'Alo Mid enn Legal Services. Carlisle, P A Dated: PLEASE enter the appearance of the Family Law Clinic as attorneys of record on behalf of the Defendant, Bobbie Masterton , in the above-captioned matter. Respectfully submitted by: ~AQ;JfI!J-IClt l.auren McHale Certified Legal Intern S THOMA M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX F AMIL Y l.A W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 q s'- ~\}: -7 ! C--:J ~. \-::.. ~.;~~- y~:; :"'.1 --.( .--.' "'", (:..-" 0"' :% ".. ?;:l <Y\ (") -n ...... ::C::n nT\:" -o\=C1 'n....,..} Clt"', ~-~~ -~\i ::'~~A ~1~ ~.,...., ..'-:. ..... "'f.?t' :,..'.... ~...,.... - ....- .. , .~ j' CP Terry Dasher, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW IN CONTEMPT Bobbie Masterton, Defendant : NO. 2000-3189 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The Petitioner, Defendant Bobbie Masterton, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find P1aintiff/Respondent, Terry Dasher, in contempt of the August 30, 2000 Court Order. In support of her Petition, Petitioner states as follows: 1. On August 30, 2000, The Honorable J. Wesley Oler, Jr. entered an Order awarding Terry Dasher (Father), and Bobbie Masterton (Mother) shared legal custody of the minor child, Marianna Jean Dasher, and awarding Father primary physical custody and Mother periods of temporary physical custody of the child. A copy of the Order is attached to this Petition as Exhibit "A". 2. Under the August 30, 2000 Order, Mother was to exercise periods of partial physical custody as follows: a. Every Monday, Wednesday and Friday for a period of two hours each day from 10:00 a.m. until 12:00 p.m. or 4:00 p.m, until 6:00 p.m. b. The Order also included a provision stating that each parent shall enjoy reasonable telephone contact with the minor child when the child is in the custody ofthe other parent. 3. Father has willfully failed to abide by the August 30, 2000 Order in that: a. Father has repeatedly refused to allow Mother to exercise her periods of temporary physical custody. b. Father has repeatedly refused to allow Mother to exercise her right to reasonable telephone contact with the minor child. c. On numerous occasions, when Mother has gone to Father's house to pick up the minor child, Father and the minor child have not been home, so that Mother is unable to exercise her custodial periods. Specifically, Father has failed to abide by the Order in the following ways: i) In 2003, Father told Mother she could no longer see the minor child and refused to allow Mother to exercise her custody time. Father threatened to call the police if Mother attempted to see the minor child and physically assaulted Mother. ii) Mother notified Father on March 31, 2006 that she intended to resume her custodial periods on April 10, 2006. iii) Father allowed Mother to exercise her custody time on April 1 0 and 12, and also agreed to let her have custody on April 13, 2006. iv) Father told Mother on April 13, 2006 she could not see the minor child on Monday, April 17, 2006. v) On April 17, 2006, Father was not at his home when Mother attempted to exercise her custody time at 4:00 p.m. Mother waited one half hour before leaving Father's residence without the child. vi) On April 19, 2006, Father was not at his home when Mother attempted to exercise her custody time at 4:00 p.m. Mother waited one half hour before leaving Father's residence without the child. vii) On April 21, 2006, Father was not at his home when Mother attempted to exercise her custody time at 4:00 p.m. Mother waited one half hour before leaving Father's residence without the child. viii) Father has not allowed Mother to speak to the minor child on the telephone despite her attempts to do so. WHEREFORE, Petitioner requests that: a. Father be held in contempt of the Court's Order of Custody; b. Father be ordered to comply with the August, 30, 2000 Order; c. Mother be awarded additional custody time to compensate for the wrongful deprivation of custodial time; d. Father be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa.C.S. ~ 4346; e. Mother be awarded such other relief as the Court deems appropriate. Date: a<..J / rJi leu I' J Respectfully submitted, Q{CUJoU/rJOI7"i'ids_ Lauren McHale Certified Legal Intern ~~L~-~ THOM M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle,PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Complaint 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. ~()Qk ~~ Bobbie Masterton DefendantlPetitioner l\. ~1 -0 Terry Dasher, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN CONTEMPT Bobbie Masterton, Defendant : NO. 2000-3189 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Bobbie Masterton, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. D '[ 1'1 ied. ate . ,Y' i .\, Respectfully submitted, l }"('; i .' '{{(li, , J 'I I( IIrtt Lauren McHale Certified Legal Intern . RAINS THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ."l-\ l._.'. Terry Dasher, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN CONTEMPT Bobbie Masterton, Defendant : NO. 2000-3189 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren McHale, hereby certify that I am serving a true and correct copy of the petition for Civil Contempt for Disobedience of Partial Custody Order and sanctions under 23 Pa.C.S. S 4346 on April 24, 2006 by first class United States Mail. Date: ex.; ,,^ill CU r' l i ~.. .) ,1)(, i " i lA (J" ::J-^ If !U,( " Lauren McHale Certified Legal Intern C /) ( I~ ftdflndt...- e- THOM . M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 r , MARK F. BAYLEY, ESQUIRE ATTORNEY 10 NO. 87663 IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF Terry Dasher, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW IN CONTEMPT NO. 2000.3189 CIVIL TERM Bobbie Masterton, DEFENDANT IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Terry Dasher, in the above-captioned matter. Date: cf214 ~ Mark F. Bayley, Esqt:ri1'8 IRWIN & BAYLEY 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. # 87663 Attorney for Plaintiff . .. Terry Dasher, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW IN CONTEMPT NO. 2000 - 3189 CIVIL TERM Bobbie Masterton, DEFENDANT IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff, Terry Dasher, do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: -Z1~ The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 IAJI/? Mark F. Bayley, ES~ Attorney for Plaintiff Dated: -,\ ~ c- TERRY DASHER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-3189 CIVIl. ACTION LAW BOBBIE MASTERTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, May 01, 2006 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 01, 2006 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and a\1 existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT. By: /s/ Hubert X Gilro Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DONaT HA VE 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 . ~ ~-J't' --~ 4/ 7c?- e.y - ~ ..? ;,;V".....- ~t<; '10. t'.> --7;/ ~ ~~ ~'pP o/-t?5' 62 :21~!d Z- AVH SOul -" II '0 Ab,j!_Cj,,!,",.or:ntJ ;) .i'_",'..'.. ',_ ,..,.. _ RECEiVED JUN 28 2lJCIj Y TERRY DASHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-3189 cML ACTION - LAW BOBBIE MASTERTON, Defendant IN CUSTODY ORDER }t AND NOW, this & '") day of June, 2006, the Conciliator being advised that the parties have reached an agreement, Conciliator relinquishes jurisdiction. at- 'i',--i ','I A,tr\::'i:"J'~ ':'/rno 17. : II ti,! <:;"' "1'1' 0ilUP ,J .. 0(,.." )\; & Terry Dasher, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v Bobbie Masterton, Defendant : CIVIL ACTION-LA W IN : CUSTODY 00 -..3189 : NoAn-J 189 CIVIL TERM PRAECIPE TO WITHDRAW PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER To The Prothonotary: Please withdraw the Petition for Civil Contempt for Disobedience of Partial Custody Order filed on April 24, 2006 in the above-captioned docket. cf~~{ Certified Legal Intern Date: November 9, 2006 (") ,- ~;: r--' c:=l C'"' 0"'" ~:~;;: (:~ ""';.;:: I \.f.) o -n .-\ ::c-, \"li~-' \- .:?\~:" ;~\ -:~1 . 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