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Home My WebLink About01-06392 'j't>-'=~- < ~~ ~ ~ ~..,- . ""-'1..____- , "~~l ~"' I '""'l~ ~ ........~ '~-"~""M'""""\",,,J,: ...~: " JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CIVIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 23 ~ day of <1.......,~ ' 2003, upon consideration of the attached Custody Conciliation RePort, it' ordered and directed as follows: 1. The prior Order of this Court dated December 4, 2002 is vacated and replaced with this Order. 2. The Father, Jason G. Collins and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms ofthis paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child from Saturday, January 11 at 11:00 am through Sunday, January 12,2003 at 6:30 pm. The Father shall transport the Child to the Harrisburg East Mall on January 11, where the parties shall exchange custody inside the main mall entrance. The Father shall pick up the Child at the Mother's residence on January 12, 2003. Thereafter, beginning on Friday, January 17, 2003, the Mother shall have custody of the Child on alternating weekends from Friday at 6:30 pm through Sunday at 6:30 pm. In addition, the Mother shall have custody of the Child for a minimum of one 24 hour period during each week upon providing at least 24 hours notice to the Father of the dates and times. The Mother may have additional periods of custody as arranged by agreement ofthe parties. 5. The parties shall share having custody of the Child on holidays as arranged by agreement. 6. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody to and from the Mother's residence. 7. Each party shall provide the other with 60 days advance written notice in the event she or he intends to relocate outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements by agreement or to litigate the relocation issue if necessary. " t!i~_"-<."""""'~,'.-~_ ~ ~~ , ' .~~ . " I~" - ...,_....w'~~~~ _~""''",''''"~,,;.',::,d..'''j,< ... . ~ 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. Neither party shall drink alcohol to excess during his or her periods of custody. 10. The Father's petition for emergency relief is dismissed. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~Al /'" !".1 '" J. cc; Charles E. Petrie, Esquire, Counsel for Father Heather Early, Mother > ~ ~ /.2V.03 Y- ":" c.,,, ,. ,,~. , , - JIIIJ! ",. ' ," ~ '~"d'''. "~,,,,,",~,;_,,,Cc -,,'.',' " ''''" '. , '.0,,"">, "', -~'" "I" 'q--"'-"'~':'-;:U'f"'" ,~ H'I<_"""c','" ",,,,~-~~~ ,''.-' ~,. ~xh...', '""",",-,e,".,,,,,, C""', "'1' ""''''',' "~~" I ;-~~-,<,__,HJllI!iJVP<!~:r,[]~ T:"',~~, '. ''''.' "~"" ~-=,~ FILED.{}r~i";jCE Or. -r[ 'c' "c,~,TI "" '(-'flY ,.. ,__,.,.. ). -<, ,I..,' !!\. )'^ ) ,.,. "",., ....' ' , ,r 03 JAN 21.1 An 8: I 5 CUMBJ:!1LAND COUNTY PENNSYLVANIA .,. ~ ~ll~~~!;A01;;iHW[".~"~"~""S"'~\'T;,'" ,!;,~;'''''i7':rc,,(-!!fjl)!:~-i-'ij9~~m,~~ "'-'-~~~'~.lliI ~~....~ ,~ .~- ~ ~~ I. ' .'..' .. ~'L__' -, '1j.__*;"Uk! .. . '" JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CNIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE ~TH CUMBERLAND COUNTY RULE OF CDnL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins ("Dylan") September 5, 2000 Father 2. A Conciliation Conference was held on January 14, 2003, with the following individuals in attendance: the Father, Jason G. Collins, with his counsel, Charles Petrie, Esquire, and the Mother, Heather Early, who is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. 4. Although Judge Hess had previously signed the agreed upon Order in this matter after the prior Conciliation Conference, the parties agreed to indicate Judge Guido as the Prior Judge, (who has been assigned in a related case involving another child of the Mother)to ensure that one Judge is overseeing all interrelated issues and families. Date J~~ l)i~3 dJ~~ Dawn S. Sunday, Esquire Custody Conciliator ,,'*l<it'i:iij '~~ '"" ,,' "'''''~W"'"r'J JASON G. COLLINS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-6392 CIVILACTIONLAW REAlliER EARLY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 20, 2002 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 15, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such confeTence, an effort will be made to resolve the issues in dispute; or if this c=ot be ilccomplished, 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 entty 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, I By: Isl Dawn S. Sunday, Esq. y 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 TIDS 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 BBLOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I ..ti':E ...., ._,. -- ,., "~'I",".M~,~"'__I> '., ';::"':;';;';',' ';,'.' .>~ '",.,,",,';',- ,""<'';'' ,._,,"';1' ~--",' '".. ~,,' '",",''<!>'..; "": /;;L .;:J:J - tJ.,) /j ',;}O.tJJ Jd-.;2~ -tJ.,) '''e'er, __';:''''""'___.u'i~:.'''~''_'''F-- "" ~" ~., . ,. . 5~;\'\~'~~Ji P\rN -" 'J" O?~ rr-~~,\_, .... V n. l'J\b ?~,'\ t.... . ; " 0<"1 II' \T''' _".."', :';"':' ,", U.JVI\!\ t y",,~ '\>. ,; '., 1 ~ \-<,', I"" ,'.J , \' vUI""~::::~\'I'\' ItN' \!I\'N\./.\. r t.r ~'.J \ I.. , &;I. (t~~ -$4~ ~~~~:t ~' ~~~~~fr ..._~- MilmiNfflI",",^ "~. ~_~4iif~IIOI~~o/jV~,"'W~f~..";t"~,, "",,,,:'1"'"'N'N':''--'''~:',,";;>)<;!P''''lfi%,\:q<~~...~!'~~l~'Y':W;jf~ lUOO' ~ .. ~-~~"""$l_ ~~ , -' I _", ~, ,~,' 'Jiff"' , '''""''i'L~~d,--,c vs. S IN THE COURT OF COMMON PLEAS OF _\L CUMBERLAND COUNTY, PENNSYLVANIAlE{(J 72002 CIVIL ACTION - LAW JASON G. COLLINS, Plain tiff HEATHER EARLY Defendant NO.: 01-6392 CIVIL TERM CUSTODY IVISITATION ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the _ day of , 200_, 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 at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 - =,"? ..LL ~: >">~", ,~. - >>c'.._'__ -0.-",. -"-"'Jt'~,,;:j~;' JASON G. COLLINS, Plain tiff IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 01-6392 Civil Term HEATHER EARLY, Defendant IN CUSTODY MOTION TO MODIFY CUSTODY ORDER NOW COMES the Plaintiff, JASON G. COLLINS, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is JASON G. COLLINS, who currently resides at 344 Briner Road, Elliottsburg, County of Perry, Pennsylvania. 2. Defendant is HEATHER EARLY, who currently resides at 1632 Derry Street, Harrisburg, County of Dauphin, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of a minor child, JASON DYLAN COLLINS, born September 5, 2000. 4. That on December 4, 2002, a Custody Order was entered by the Honorable Kevin A. Hess granting primary physical custody to Defendant, and rights of temporary physical custody in Plaintiff. A copy of said Order is attached hereto as Exhibit "A." 5. That Defendant is the natural mother of another child, KATLYN ROSE MINAHAN, born September 27, 1997. 6. That Katlyn's natural father, MICHAEL R. MINAHAN, has an Order of primary physical custody of said minor child, and Defendant herein has rights ,,' ~ .- " ,~ _ ".. ), I,c, . ~ ,'L.--'''-''","'" '....";;;',c :Jixi;.ft.mi~'. of temporary custody. 7. That Defendant currently resides with her boyfriend, ROBERT YOUNG, and with the child who is the subject of this Petition, and her infant son, Devon. 8. That on November 5, 2002, an Order of Court was entered by the Honorable George E. Hoffer, President Judge, pursuant to a Petition for Emergency Custody Relief, requiring that all visits between Defendant and Katlyn take place out of the presence of Robert Young. Plaintiff Michael Minahan alleged physical and emotional abuse on the part of Robert Young as the basis for the Petition. Copies of this Order and Petition are attached hereto as Exhibit "B." 9. That Defendant has now obtained employment through Precision Personnel Temps, and works at Gannett-Fleming. Her hours of work are from 4:00 p.m. to midnight, Monday through Friday. 10. That Defendant was arrested on December 9,2002, and was charged with harassment by communication. 11. That Defendant was a resident in the Carlisle Domestic Violence Shelter from November 27 until December 5 or 6, 2002, as a result of conflicts with Robert Young. 12. That Defendant began work on Tuesday, December 10,2002. The subject minor child is left alone in the care of Robert Young. . , "'Pi' - - " . ",. , " ,', ,,0,,' ,'J>l,.'----.>'"'--'iIll"'c'~i. 13. That attached hereto is a written statement from Susan Vazquez, Plaintiff's mother, outlining the events of December 9, 2002, attached hereto as Exhibit "C." 14. That Plaintiff is concerned for the care and welfare of the child, especially during Defendant's work hours. 15. That Plaintiff believes and therefore avers that the best interest of the minor child will be served by permitting the child to be in Plaintiff's care, or in his mother, SUSAN M. VAZQUEZ'S care, during the evenings when Defendant is at work. Defendant could then pick up the child in the mornings at Plaintiff's mother's home. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order granting the relief requested in paragraph 15 hereinabove. Respectfully submitted, ~r~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff J1 - . '~ - :0" k ","" ,'~~ . , ,~. ,i-'"" 'II'~~}M$fi'-"i",. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Upon information and belief, I verify that the statements in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. / .;l/;- 7/0 J. DATE c44 L~ CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF ~~~. ~f"lJli >"..~.~fiI!I' ..',," ,~ >-'~~~ ""x" .c,;.o;.'"l' ,""" ",,,>,~>,,',, -"~'.,,,,, ~^>'H,-;.,'.>i',~_"""""". "' c.c.,'",' """""""'"~I"""i' ,."~ OJ":: ":"': ,''v '" 02 Drr ! '7 1: )5 CUA,':1:;:/1'i../, ': _) i > "j' Ir\ i"'" ,J j.)r.I\!-\ r(",.,., ,- ,__l)1 ~ l l' ....1 '41 ~\) i l'/;-tJ\';', 'i . --"~""""-".'lu'" ~I/ll, ",.,4i!1M.~ ","'!""''''~,'.,_ ~~fIIlIl ~,.~~iflJ,r~~~~'<\I\1!~~t~I'W,~>$.~"~~~l~~~~l'Wl~!\ffi~j'q'~~,,:":~i.;~~~ . - Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. Neither party shall drink alcohol to excess during his or her periods of custody. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J cc: Charles E. Petrie, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother ,-' ., ........ ~. I, , ," ~I '. ,-" ,'. ~. . .' -~!t"""";!),,,,,,,'i- JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CIVIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY ORDER OF COURT A1~D NOW, this ~-th day of J)e.c.e.rn ~PR , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows; 1. The prior Order of this Court dated April 17, 2002 is vacated and replaced with this Order. 2. The Father, Jason G. Collins, and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 3:30 p.m. through Monday between 7;00 and 7;30 a.m., beginning Friday, November 22, 2002. In addition, during weeks following the Father's weekend period of custody, the Father shall have custody of the Child from Wednesday at 3;30 p.m. through Friday between 7:00 and 7:30 a.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody from Monday at 3:30 p.m. through Tuesday between 7;00 and 7;30 a.m. ' 5. All exchanges of custody shall take place at the Mother's residence unless otherwise agreed between the parties. . . 6. The parties shall share having custody of the Child on holidays as arranged by agreement. 7. Each party shall provide the other with 60 days advance written notice in the event she or he intends to relocate outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements by agreement or to litigate the relocation issue if necessary. 8. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opiniun of the Child as to the other parent, or hamper the free and natural development of the EXHIBIT "A" :_~ "" , , '~ ,. I~ ~ . " ~". _liil I '~i:td. ~~' ~'~"''''''''''''-"''"~.""",,,C JASON G. COLLINS,. Plaintiff vs. IN TIm COURT OF COMMON pLEAs OF .CUMBERLAND COUNTY, PENNSYLY AN1A 01-6392 - CIVIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins September 5, 2000 Mother 2. A Conciliation Conference was held on November 21, 2002, with the following individuals in attendance: The Father, Jason G. Collins, with his counsel, Charles E. Petrie, Esquire, and the Mother, Heather Early, with her counsel, Joan Carey, Esquire. r t I ! 3. The parties agreed to entry of an Order in the fonn as attached. tlJ 1i'lif'.nJ:J.h1 Date ,)..;) r+oO"'l-- , ((l~j1'__~ Dawn S. Sunday, Esquire Custody Conciliator i ~ i ! ., ~. . . ~ .5';':f"':'.;>i::d"~'~-\,;''''.':.... .~...':.~ J .. . ~~ .. ...... '" ".':.,,:.'.,._,-~',.r.'..,>.',.,",.,~..',.. ~" ..',' .....'~.,~"...".,'..C_".:,':-~.:.,'.,:~"_..,,',;.~_"::"":.;":.,~,,.~,:.,,.,.~~;, ~:~~~t~i;;:'; "'~ "-~ -.=:': NOV 0 1 2002 L MICHAEL :vrI~rAHAN, Plaintiff IN THE COURT OF COMMOM PLEAS OF CGc-IBERL\.ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. Nl::.IBER: 99-6640 Civil Term HEATHER S.\.RLY. Defendant IN Cc.;STODY ORDER AND NOW, this ,j''!.- day of iZc-J. , 2002, upon consideration of the within Petition, it is hereby Ordered that this Court's Order of Mav 3, .2002. is modified to state that Defendam:'s visitation with the subject minor child shail take place out of the presence of ROBERT YOUNG- until further Orde:- of this Court. 37 '--::-:3 C~U:t.'.:': . !~, ,., I (') :Ju-.-;-~ I" J .LLff--- 'I? J. "-'-;' ,.-; '~r"cv F;:;;~.ft R"""''''RD J i .''"-' _ ."".....,.;t, ~ 'vf.d f ~~V~' [n 7,",,~~' "," -,. "~"~I.....~J: ".,.. ....... ~ " ;,'~~"';'''''': '.':..',~-,;.., '1~ I fl'":fG urito SeL iTi'j ,,~nd :~f~ ::13..- .~~:; ,';: -~::r; '~:.:::;."t :.:r C\::~~~e. Pu.. ,.,- . - .'. -,1L-v;~ "07)"' '., .. .._~ v. ....-- r oJ'-L-.J (, '-v.;^ () _ '_''''_ :f. It", I'''" ,,~.... Protnonotnrc1' EXHIBIT "B" :drC-iAEL :.l!:\.-'lHA::--l. Plcin tiff IN THE COURT OF COM MOM PLEAS OF CU:-'IBZRLAND COUNTY, PENNSYLVANIA CIVIL ,\CTION - LAW ',:S. c.rC:\IBER: 99-6640 Civil Term HEAT:-iER :::.-'lRLY. Defendant IN CUSTODY PETITION FOR EMERGENCY CUSTODY RELIEF '.;0\\' CO\lES the Plaintiff, MICHAEL R. MINAHAN, by his attorney, Clwr:es E, Petrie. and respectfully represents as follows: 1. Plair:tiff is :'I1ICHAEL R. MINAHAN, who currently resides at 1059 :'ictn:',:c D:':\'e. :\Iechanicsburg, County of Cumberland, Pennsylvania. 1. Oe!endant is HEATHER EARLY, who currently resides at 1632 Derry Streec. H,,,':'isburg. County of Dauphin, Pennsylvania. .). Pl,.,il~ tiff and Der'endant are the natural parents of a minor child, I,--'lTL',:\, R, )SE :VlINAHA:'-i. born September 26, 1997. -+ -:-::,n un :'vlay 3. 1002. a Custody Order was entered by the Honorable Ed\\',,:':l E. Guido granting primary physical custody to Plaintiff, and rights of temp': :'2d'\" iJhysical custody to Oer'endant. A copy of said Order is attached hr.:re~:. <-lS ::::xhioi( "A." 'S. U:, \Ly S. 1002. Defendant relocated to the state of Arizona, and t'C'm,":".ed ., ~"sicien( there until September 7,2002, when she returned to the H;.tr:-:~:)l.lr..: :l:-eo... ", - :',.:::c.c":-:( ,~urrently resides \\'ith her boyfriend, RCBERT YOUNG. 7. ThLn ,he minor child. age .5. has reported the following incidents: L.. On Occober 14, 200.2. ,he child cried and did not want to visit \vith her mucher and boyfriend. She stated that CV1r. Young picked her up, spun hel' Llr01.1:1d. ,met then dragged her across the carpeting. She said she had to kick continuously in order for :VIr. Young to stop this activity. b. On October 27,2002. :VIr. Young made unkind remarks about P!Llimiff :0 ehe child, and said he '.\'as going to "kick his (Plaintiff's) butt." The child \\'<1.$ upset by these remarks ar.d ,,'as unable co eat. Mr. Young picked her up fr0m the table b,' her armpits ",Ed shoved her into the wall, with her heLle: hin;nc; d:e' \\'<:1.11. She ,,'iggled OUt of his grasp und dropped to the iloor to get Lm'ay. She' ~1LlS " bruise on her head as a result of this incident. Mr. Young prol'c:eded ;0 ceil the child that she '.\'as never returning to his home. S. .\s Ll ;'esult of tht'se incicle:1ts. the minor child is terrified to return to Dt.'r"l'11dant':-) bOtTle:'. o Till' Urcier requires that Dc:,'endant maint::l.in a working telephone at d! ti;:1es. Si:c' :Jresel1tly has no telephone. 10. Pi'll;,:iff ;1as filed a :\Iotion :0 :\'Iodify Order contemporaneously with ihv t'iling "t' .,Lis Petition to amend the Order. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court immediatC'iy modify the Order to state [hat Mother's visitation shall occur outside [he' presence of her boyfriend until further Order of this Court. Respectfully submitted, c4..L z:~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I \'erify that the statements in the foregoing Petition are true and co~~: I understand that false statements herein are made subject to the pena!:ics 18 PneS Sonwn 490", ,da,ing co unawnrn/:::'t) W/aU~:li'irn, /0/2. (/02. - Vlill -dl ~~( DATE MICHAELR. MINAHAN 19:k"~~ l ',,- 0", " : -,.;m;"'1.".t""-\1'1.";"l- J. ",J~ . -gf~~ , ~ APR 2 9 2002 ~~" r I f I I I L I I / I' .; I I ~ i , i , ~ , I i ! 1 f I 1 I. I r I 1 ,; . I ' , eU3tody, including both pick-up and drop-off. '1 , 5. Mother shall haw~ a workin~ telephone at all times. Each parent Shall/' 'l"l keep the other parent fully informed ~f telephone numbers and places Qr;f' I . C - "~~ . . .~, c,liliil;r,jj '\ I. , , VB. ~.':'~~~\1~(),',F F COMMON PLEAS 'Ir.mJNTY, PENNSYLVANIA CIVIL ACTION - LAW , . NO.: 99-6640 Civil Term CUSTODY/VISITATION , . ORDER AND NOW, thit1 ~)UL day Of~; 2&02, upon consideration of ;~~e attached Motion and Slipulation, IT lis HEREBY ORDERED AS FOLLOWS: , . 1. That primary physical cu.stody ~f KATL YN ROSF, MINAHAN :L<'~"t , .. . ; ,Qitind remain in her father, MICHAEL MINf.HAN. ~~;:i:... :., , . )',"c.; , ;.;" .~ : shall be 2. Thflt rhe parties shall have shaired legal custody. , 3. Th1:t( thc mother of the child. l{EATHER EARLY, shall have rights of ':",,' . ~~:':,:, . . Pi. parcial physical custody a:; folloWG: a. Every other weekend fr~m Friday at 8:0n P.M. until Sunday at h. The parties shall shareievery other holiday, With the limc:! to be agreed upon by the pArties. The holidays shall be New Years Day, Memorial Day, Independencc Day, La~or Day, Thanksgiving Day, Christmas; Father's birthday, Mother's birthday, and U1C child's birthday. 4. Moeller shall provide all tran!sportation for tht:;;c periods of p::!rtial 1., """"""1II '''I" <" ,", .""",,"" '. I I, , ! ":sidence where either party resides_ . , I. ,- .~:i{ "., 6. Neither parent shwl do any thin/? to ~trang~ Katlyn f!"Om tl'le othe!- j~nt, and both shall encourage the C~'s relation~hip with the other parent. (}JJvisions of this paragraph shall apply ~ual1Y to an~ other adult who may "'!, 'I' ~lilow or hereafter co-habit with Father or Mother. j? I ,,;.!'. 7. Neither parent shall Use any cotj-trolled substances nor c-,on"'llme i;.... .!. . -i: pohol to the point of intoxication while ~he child is in that pai'ent's I,;ustuuy. ~f:j>. ' , M:' 1$. ThIS 0tlpulation may be expan4d or modified by mutual agreement ",,' . , i~the parties. I ~~r'- BY ~HE GOURT~ I , I "S/~~mL.L .-!~ A:--L- ! ' i I J. i i , , tRUJ:COI'V FROM RECORU In lrestimonywhefeol.1 here unto ~ my IIBncl ar.h the seal of said Court at carlisle. Pa. T~is (~. " S':.:;::~ ~ .w-~ · ' )')tii . PfDtboRoWY , I : TOTAL P.02 ':.;.. I: ;I} '1,.,,' :ft;; :~ ,~ .'~ :~' :' ~3 .. 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U ' )' :;)C!~~)I ~'~'"'''''' )~ ~~l) ~fta.-.,'-6 ~,~';fru P4-10 ~ dJd~A~ P ~lU--Y~ p~ ~u ~1-1.-- p/~ k~-:-- yJd-L<- ~ :;;i, l' ~ ~ ~ LI'-0 ~~ ~ ~ ~ --<-~ ~ ~a-.J~, ~ M0 ~ ~~ 1-{t-6 ,A't c:L--a. /~c/'/J >~ ~ ~ ~ ~-.~ /(~i~~ ~ /t;I~ ~ .;:&Aa/ Q~<-/ " /'. /:J)~d /~. Pr../~. ~ a.-.~ ;C!4'/) L/C-~ ~ ;TILed /ftr-&- I. ~ ~ CL ~ ~ .z~ .-;P-7~ ~ ~ fPo~ M-y-JoJ ~ SWORN TO AND SUBSCRIBED BEFORE ME THIS 13TH DAY OF DECEMBER, 2002. .=s.m My '".Boro~~ JAemoer . ~Jan.~. b5 , f'9nnsvwa,lia Associaaon 01 Notaries , ITl ~~~~.iilU.lIl;tflmi!lfwtl!!WiaW-r'p"~'r" '}~W.ll',:'i',,4-1j-,~.t,,";,IF.<0''',l$"(~'iliL1'M'' k,~,,<.,~".iIiti"'"'~'-' ~"~~~Jr~ ~'ti'~'~~' ~'~~'t'I""~" 0 C~) C.J- C I',,) " "'n .,);'- ,'"::) [~;lf 1 " ;'"') ~ V., ~_J " [... ~ ~ j ~c' - . ) ~1 C} ,,: ." "" '" -'j '0 2: '- ""- ()1 ~ W ~, -< ~ '-.l " ii, w "" .g"~!:-"-r,""'~'~IT.P",,,N .,,_~,""'.~~""""."t' '~"'-'f,=..~,,,,.JT"1:':W~'f"'iX' J "I~.. 'Fl. ,~",'__,,"__~. . ~""..,,,""~~~. ."~.~'. ""~I,, ..)"". rl-,'7,,"',,~.,,',"'''' ~, "."." ~",~" .r ,,~~ "''',,,,<.~,. ~", '""",' - '""," '......... " I . ~ " . '"L '",'. l,., "j' ~- ;., .. ~":' ,'j) '.iilj~.:mili&.JjtJ';: JASON G. COLLINS, Plaintiff IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DE~D2 vs. NUMBER: 01-6392 Civil Term HEATHER EARLY, Defendant IN CUSTODY ORDER AND NOW, this day of , 2002, upon consideration of the within Petition, it is hereby Ordered that this Court's Order of December 4, 2002, is modified to state that while the Defendant, HEATHER EARLY, is at work, the child shall be in the primary care of Plaintiff, JASON G. COLLINS, or his mother, SUSAN M. VAZQUEZ. Defendant may pick up the child at 9:00 a.m. following her evening employment. BY THE COURT: J. - .'.., -..... ; I.. " '.',' "",-",> ,-, '",~, L'~~:,gm.'i,g;~:" JASON G. COLLINS, Plaintiff IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 01-6392 Civil Term HEATHER EARLY, Defendant IN CUSTODY PETITION FOR EMERGENCY CUSTODY RELIEF NOW COMES the Plaintiff, JASON G. COLLINS, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is JASON G. COLLINS, who currently resides at 344 Briner Road, Elliottsburg, County of Perry, Pennsylvania. 2. Defendant is HEATHER EARLY, who currently resides at 1632 Derry Street, Harrisburg, County of Dauphin, Pennsylvania. 3. That Plaintiff and Defendant are the natural parents of a minor child, JASON DYLAN COLLINS, born September 5, 2000. 4. That on December 4, 2002, a Custody Order was entered by the Honorable Kevin A. Hess granting primary physical custody to Defendant, and rights of temporary physical custody to Plaintiff. A copy of said Order is attached hereto as Exhibit "A." 5. That Defendant is the natural mother of another child, KATLYN ROSE MINAHAN, born September 27, 1997. 6. That Katlyn's natural father, MICHAEL R. MINAHAN, has an Order of primary physical custody of said minor child, and Defendant herein has rights of temporary custody. :/u 'ilIiiliii:ii:oI . "^' . ", t,., ~' I....'.;,;, .'" ,.k,b,i"'1,"'-",'i" "ti.'i':m., 7. That Defendant currently resides with her boyfriend, ROBERT YOUNG, and with the child who is the subject of this Petition, and her infant son, Devon. 8. That on November 5, 2002, an Order of Court was entered by the Honorable George E. Hoffer, President Judge, pursuant to a Petition for Emergency Custody Relief, requiring that all visits between Defendant and Katlyn take place out of the presence of Robert Young. Plaintiff Michael Minahan alleged physical and emotional abuse on the part of Robert Young as the basis for the Petition. Copies of this Order and Petition are attached hereto as Exhibit "B." 9. That Defendant has now obtained employment through Precision Personnel Temps, and works at Gannett-Fleming. Her hours of work are from 4:00 p.m. to midnight, Monday through Friday. 10. That Defendant was arrested on December 9,2002, and was charged with harassment by communication. 11. That Defendant was a resident in the Carlisle Domestic Violence Shelter from November 27 until December 5 or 6, 2002, as a result of conflicts with Robert Young. 12. That Defendant began work on Tuesday, December 10,2002. The subject minor child is left alone in the care of Robert Young. 13. That attached hereto is a written, statement from Susan Vazquez, Plaintiffs mother, outlining the events of December 9, 2002, attached hereto as Exhibit "C." .;:, ',1- h" "'",",j.,--,~--- ",P';J .''';"'"'---'^""'"-''''''':..~J.H, 14. That Plaintiff is concerned for the care and welfare of the child , especially during Defendant's work hours. 15. That Plaintiff believes and therefore avers that the best interest of the minor child will be served by permitting the child to be in Plaintiffs care, or in his mother, SUSAN M. VAZQUEZ'S care, during the evenings when Defendant is at work. Defendant could then pick up the child in the mornings at Plaintiff's mother's home. 16. Plaintiff has filed a Motion to Modify Order contemporaneously with the filing of this Petition to amend the Order. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order granting the relief requested in paragraph 15 hereinabove. Respectfully submitted, ~~L r /..->1 CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff ,"', ,~, -", ..,0,;""--",'1.>""",' ,~^,-"-;",,,,,',_,'~hli.c",c,". _'"" '" '.~;',,""ri''''Y'''~ .."'"' ',",,'--"" <'" """ =~ ""'"',' '.~ ,;"',~'<"'"'-";,"~';'_"'Lc,,",' "",,'~'Y\-iN,~'" @,",.;" "",",~:"'._'~".'rflr,,,~,,,~0;<""'" ~--"<"m,__H' "S~'W,;;.'~tllii""rr1'" Cr ,., r" 1: ,?~' . ~ D,) ",,- ~ 1:",,< 1_ '.... ! ,-, cu', " ;'Pi5:;;;;:2'(;::\;,,:!. 'Vt\,1 "J! 1-., J "!,,, Il.ftHI1'!ffi1l!IP ~ ...."""""''''~~JI!i!;l~!'iNry';)-'''J,'tiil''i;;1'',~'''W''';if?,')i'1~1'~!>-'?~J!l~IIt'''''~''''-W,*3il1,R~'tWJiiI~~~j~~ - , ,- 1.' ',", L";~', h~" ,-'" ' ;J ' ~~"-~",'~, ,:e-,',,' ,..", '-"" '"""(HrlL~~W,' COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verifY that the statements in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 1:0:)/0 (J DATE I ~JJ~ ASON G. COLLINS ~# 1IoiIiIoWI''t " I> ....i<<!1liII -'-".' ~,.,,"" 0"'." "~~"IliLI."<t'~i~j;, JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CNIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of j)e.c.e.rn ~t"Q. , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 17 , 2002 is vacated and replaced with this Order. 2. The Father, Jason G. Collins, and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major n;on-emergency decisions affecting the Child's general well-being including, but not limited to, all de~isions regarding his health, education and religion. Pursuant to the terms of this paragr~ph each parent shall be entitled to all records and information pertaining to the Child including, but hot limit~d to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have pariial physical custody of the Child on altemating weekends from Friday at 3:30 p.m. through Monday between 7:00 and 7:30 a.m., beginning Friday, November 22, 2002. In addition, during weeks following the Father's weekend period of custody, the Father shall have custody of the Child from Wedhesday at 3:30 p.m. through Friday between 7:00 and 7:30 a.m. During weeks following the Mother's, weekend periods of custody, the Father shall have custody from Monday at 3:30 p.m. through Tuesday between.7:00 and 7:30 a.m. 5. All exchanges of custody shall take place at the Mother's residence unless otherwise agreed between the parties. . , 6. The parties shall share having custody of the Child on holidays as arranged by agreement. 7. Each party shall provide the other with 60 days advance written notice in the event she or he intends to relocate outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements by agreement or to litigate the relocation issue if necessary. 8. Neither parent shall do or say anything which may estrange the Child from the other parent, inj ure the opinion of the Child as to the other parent, or hamper the free and natural development of the EXHIBIT "A" . ,- , --,;...""',.... "',,; , "'Jh""..;~---.i."""f.lJlMW~"",ri;" Child's love and respect for the other parent. Both parties shall eIlsure that third parties having contact with the Child comply with this provision. 9. Neither party shall drink: alcohol to excess during his or her periods of custody. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J cc: Charles E. Petrie, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother ROM RECORD In T simony whereof I here unto set my hand our Carlisle, Pa. ' .~ ~ ~- . "I~ JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 ~ CIVlLACTlONLAW vs. HEATHER EARLY, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins September 5, 2000 Mother 2. A Conciliation Conference was held on November 21,2002, with the following individuals in attendance: The Father, Jason G. Collins, with his counsel, Charles E. Petrie, Esquire, and the Mother, Heather Early, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. tIJlfVe.nJ:V/1 ,-),;). rlo07- , Date (<L~j~,--~ Dawn S. Sunday, Esquire Custody Conciliator l"rO,*~,I. f I ! I t i I I , ~ 1 , " .; , ~ , ,,. t i : ~ MICHAEL MINAHAN, Plaintiff IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Nav a 1 2002 v vs. NUMBER: 99-6640 Civil Term HEATHER EARLY, Defendant IN CUSTODY ORDER AND NOW, this .!J"'!.- day of 7&v. , 2002, upon consideration of the within Petition, it is hereby Ordered that this Court's Order of May 3, 2002, is modified to state that Defendant's visitation with the subject minor child shall take place out of the presence of ROBERT YOUNG until further Order of this Court. BY THE COURT: l/ lk-r- ~ ~ 'i{ J. TRUE COPY FROM RECORD In T~;!;tk;1tlOY w!:an;of, I h~re unto set my Rand 'Ad ...,,, <N" ,," c'i~; (':",... -I n",,,.I~ Pa \,t. Iii;;'! ...~o;"l '.' ..-~.'" .....,;...1.. Co.. V~ 11~, a filii ) ~ (lit" Gt~ .;J(){),h ( ,,,t~ t?_ 111 A /0" ~~ I . Prothonotartl EXHIBIT "B" .,..;-.;:::..:..~~.;:.J..::::r~M-r~/1''l1.b!',-..- _: """ ~~'__o-,t.,'1:-:.,~~t:;\~,~"f:.":':"'-"" - -., -~ ',' ' . ,-' ,10.- ,'d ~ ~-"'~'~.,j;" MICH.-\EL \!INAHAN, Plain tiff IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW \-8. NUMBER: 99-6640 Civil Term HEATHER EARLY, Defendant IN CUSTODY PETITION FOR EMERGENCY CUSTODY RELIEF NO\V COMES the Plaintiff, MICHAEL R. MINAHAN, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is MICHAEL R. MINAHAN, who currently resides at 1059 Nanroc Drive, Mechanicsburg, County of Cumberland, Pennsylvania. 2. Defendant is HEATHER EARLY, who currently resides at 1632 Derry Street. Harrisburg, County of Dauphin, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of a minor child, KATLYN ROSE MINAHAN, born September 26,1997. -t. That on May 3, 2002, a Custody Order was entered by the Honorable Ed\vard E. Guido granting primary physical custody to Plaintiff, and rights of temporary physical custody to Defendant. A copy of said Order is attached hereto as Exhibit "A." 5. On May 8,2002, Defendant relocated to the state of Arizona, and remained c1 resident there until September 7, 2002, when she returned to the Harnsburg area. .j. Dc:fendant currently resides with her boyfriend, ReBERT YOUNG. " ~~~ - ~' ~~> ",~~ " ; ,', '"," J'" " '"'' '< !""" tli'~i~>k.n~'i',k, 7. That the minor child, age 5, has reported the following incidents: a. On October 14, 2002, the child cried and did not want to visit with her mother and boyfriend. She stated that Mr. Young picked her up, spun her around, and then dragged her across the carpeting. She said she had to kick continuously in order for Mr. Young to stop this activity. b. On October 27, 2002, Mr. Young made unkind remarks about Plaintiff to the child, and said he was going to "kick his (Plaintiff's) butt." The child was upset by these remarks and was unable to eat. Mr. Young picked her up from the table by her armpits and shoved her into the wall, with her head hitting the wall. She wiggled out of his grasp and dropped to the floor to get a\\'av. She has a bruise on her head as a result of this incident. Mr. Young proceeded to tell the child that she was never returning to his home. 8. As a result of these incidents, the minor child is terrified to return to Defendant's home. 9. The Order requires that Defendant maintain a working telephone at all times. She presently has no telephone. 10. Plaintiff has filed a Motion to Modify Order contemporaneously with the filing of this Petition to amend the Order. - ~.~'--- ~, "" " 1 - ,'~' ----' '<.~;",i-'--'___r'" "~.;;", WHEREFORE, Plaintiff respectfully requests that Your Honorable Court immediately modify the Order to state that Mother's visitation shall Occur outside the presence of her boyfriend until further Order of this Court. Respectfully submitted, ~~~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff .--- " ",~ "~, ~. .' I ','., ~ '-'" '", l ~- " '~M"!ii\~~j[;Ii\!!'Rk<:jk " COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Petition are true and corre I understand that false statements herein are made subject to the penalties 18 Pa.C.S. Section 4904, relating to unsworn, f:~'ifi'7)n "'lauthOriti7 ! Ie) /2. r )(;.2. 1~_-d1lM.s DATE MICHAEL R. MINAHAN ), , '....~~" ~"'~'i.i"'",,,- i I j" j il~ l .'~:'_ APR 2 9 2002 ~ I r or I 1"' I I r '1 I .J , I ,. I J J' I I I J r , I . eustody, induding both pick-up and ~rop-ofr.1 . ::5. Mothcr :;hall havft a workin.i telephone at all times. Each parent ShalLJ, . ~ ') keep the other parent fully informed ~f telephone numbers and places of ..f I ' . . '~ I..,,," ~ . '." ". ""'.' ,.... I , CHAEL MINAHAN, , , Plaintiff ~ ~c~. RT ()F COMMON PLEAS ~ ~. . " TY, PENNSYLVANIA CIVIL AC ION - LAW' ! . I NO.: 99-6640 Civil Term " . CUSTODY /VISITATION , ' ATHER EARLY ;'''!' , ~ Defendant ORDER ;;i~1 AND NOW, thhl ~ M day or.-Jn~' '; 20()2,upon consideratiOIlof :'~e attached Motion and Slipulation, IT If:> HEREBY ORDERED AS FOLLOWS: di :', : : :Ii:- . 1. That primary physical custody ~r KATLYN ROSE MINAHAN shall be ~.~:I:::.,. i 'itfjrid remain in her father, MICHAEL MrNAHAN. -\~,.' .; " . '.:.1:.. . 2. That the parties shall have shared legal custody. I 3. Thl:lt thc mother of the child. fiEATHER EARLY, shall have rights of ::~i;:'i :. . .ifipa.rtJal physical custody a:; followa: . ~., . , , a. Every other weekend frqm Friday ~t 8:00 P.M. until Sunday at :=:'H;::; ;:""7'00 PM ::.~"-,:.: . ~ .. it..,: ';l:f} : 1:>. The parties shall share ievery other holiday, With the limcs '.j ", ~' , : . ';ti, to be agreed l.lpon by the p~rt.ie$. The holidays shall be New Years Day, ~~...i:' . : ...,',J. H: Memorial Day, Independencc Day, l.<l1:lor Day, Thanksgiving Day, Christmas; ,I , Father's birthday. Mother's birthday, ilrid tilc child's birthday. 4. Motl1cr shall provide all tran!sportation for tht:::.c pcric>ds of pl'lrtial --..- I::. 1___ '.' f~ ...... ~~ '.~:' !~ .;, k -'-' .-' ,'. ,^ , - I. ". 1;" 'Uj~'8fu-jl',' .'. ':~:,.i ~~ ' " . :-- sidence where either party resides. . . 6. Neither parent shl:lll do anYthin* i:o eStrange Katlyn frolll the othl;:!' '~nt. and both shall enc9urage the c~>s relation~hip with the other parent. '~vis.m' of till, P""'....ph .hall apply h.to anY other adult who may tow or hereafter co-habit with Father or Mother. lk',. . I. ~: J lit..'": 7. Neither parent shall Use any cart-trolled substances nor ~on"'llme ':.... I. . " '.F~hol to the point of intoici.cation while 1he child is in tllat par'eul's l:L.llSluuy.. 1:$. ThIs ~tlpulation may be expandfd or modified by mutual agreement i I I I BY -rE ~OURT,: I , I ~r.".lI~...I 4~ ~~. J. i j , , kUI coPY fROM RECORU In irestlmony wheruof. I here until set my ltBnO an& t\'\e'$~ of said Court at carlisle. Pa. T~iA'~. " ~~?'" ~~ ! . ):),GJ:: . PfIItlIoAaWY l i ~T'"6" TOTAL P. 02 ':,:~ . .~~ ~~ :.:':~;; ~ }~ ',!, ,:~, 'I,:' , .,..:. :'~ ~~ . oJ:' :,"- . .~ "';'.' /~ >ii-~ ":;', .'~ ::.:.:.~ )~ ',;,"'1 :j .' . .'... 'id ", 0,: . ~.;: :.:<;:l . ...~ <t~ . l'2 )~ .:.1$! n~ . "11{ ':;,(\1i . ;:"~ '.. .' ':' x:~ 'if')1 'lj ,f.... ;'1 __~~'"' ~"~'"~~~,., "I, .', ,__,"I,~,,_, ." 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"~:;:~~~~ ,Ju- ~~:.Id A-'CZ >>zed p j~ ~cI.~ yiU<ACh'L- '/Y1~~ ~/L )()~~ ~ ~ ~ )z ~ j:l~ ~ ;iJ~ ~k .~ ~-f(.~CV-'l' '?J'u.-..0 J;dd) ~ ~ ~ pA..<- ~ J1t?-?~ /(!~I ~VY;;( ~/flJ- .;fddM. t.~ ~ ~.h ~Lo ~ ;&(d ~ Jt:-h pL ~6)."""--J ~ ~ ~2o.-t {'~ J~/, '",' i.k~../.A1~ /tV'-<-- cd 7!?;11. ~ ;tJ ~ r ~ ~/72tf-{>. ~ ~ .{l,;J"y.Jt-- ;D-'1~~. \ 0) ~ ~ /' a,,/^- P d ftI~~J I'rd-- ~ e;.;;/ k~ ~-?,-~.c.-'O . / ._"........,..... ,_ " "","""f,."%'[.",,,..__ ,,=, ,,,,,,>,,,,~,,~,.",C'",'f"_""i,1'>,,",,","''''>'''r.__,.__, ~ . ,_,_<, .' ,;-,<"."<,"""""""~,,,..-,~,~^,, '~_'k-,""<',""'",I__,,"', "__',~,. .-", . ____'..,=''''_,~,,';,~__"~,_!!r," ..1!'/!, ''''-~_~~_'''''''''i'IilrL.,-,- ," _ " L" " "I M(j ~fl^.-<-;?Ad ,,:4u, c./1a-n... -:;;,;;;;-~~'- J-z ~~I;;/ ~~ ~ .:f/V P4-i0'~ dJ0~~A ~~,~p~~~~ fl~ J.;.~ ~ ~ /i- l' ~ ~ .~ p/vv ~ xi-/LL. ~~ <~ /0 ,~ ,",,):' " ,0 ~~~. (U.u, n"-' ~ ~~' ftp{;- ,A/l a.--cL ~o//J YL-Z- ~ ~ ';:I ~---.~ {.;~,~ ~ p~ ~ ..?:Ad :l~'~ ?)~d /~ ~JJ'~, {db, t0~ ~0t/~ ~ ;eke! li~ I~ ~ CL ~~~n~~M f~~ 4.1-01 - SWORN TO AND SUBSCRIBED BEFORE ME THIS 13TH DAY OF DECEMBER, 2002. tiL' ,~SeaJ" " . ~~ ~~~ , f'ennsytvallia ASSOCIalfon Of Notaries l~ ~~ilmlWi%1~:t'~J&~m'~iw'i~,\iJ,':',!" ."~~ ,"-,'". ~,,~~, ,~," --~" .".,~,~"""",<",--,,,,,,",,"~- "'c't""Gi:,'-","",,,,h'; '''~', .,__~O,' ,'''' ' ;C1;"b~if'J'"~--I-lf(il.'lf:~m"T" "-"~ti&~~l!,i >~ C'] .~~- ":..- '~'I r ~ ~ ('-.- ___I :.-'- ",'j 1\ , ,', I>' '-.,,1 ':-J , - '"" (:,) ~;~ '" ~ ...l ' . -.'.;'''d '-', <:;' '" \._J :::":,S~) c ~,.'j,j n '^' \:;: ::i:: ~-j 0<} ;:j .", ~p.. TJ ~ , CO -< - ,.., -~, ~. '--,," ,~,. . > V~." __ ; , ""<~, .~" ~, ,,~ <" " 1-. I I ,- """"',"~' ~"" "~---,- "" . ~~ llIIlIliiIIIlli , , ~~ '~ ~~~':.,I" ~"~~-~ "i~,*,id,,!' j' JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CIVIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4r day of ])~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of this Court dated April 17 , 2002 is vacated and replaced with this Order. 2. The Father, Jason G. Collins, and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 3:30 p.m. through Monday between 7:00 and 7:30 a.m., beginning Friday, November 22, 2002. In addition, during weeks following the Father's weekend period of custody, the Father shall have custody of the Child from Wednesday at 3:30 p.m. through Friday between 7:00 and 7:30 a.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody from Monday at 3:30 p.m. through Tuesday between 7:00 and 7:30 a.m. 5. All exchanges of custody shall take place at the Mother's residence unless otherwise agreed between the parties. 6. The parties shall share having custody of the Child on holidays as arranged by agreement. 7. Each party shall provide the other with 60 days advance written notice in the event she or he intends to relocate outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements by agreement or to litigate the relocation issue if necessary. 8. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the - - " '.~ ~,~ """'"-.-.0 - I, ~_ _~~ . . j,k-,.,,., ~-.~=. a'";,j~<(7"-~"""~_",;<_-""_Hhi;',,,,,' Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. Neither party shall drink alcohol to excess during his or her periods of custody. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, </Ii J cc: /Charles E. Petrie, Esquire - Counsel for Father 110an Carey, Esquire - Counsel for Mother > ttr)~ J 0 - 4 -0 ';). ~-'",~ ~___n",o.,- ..,-- "''"' ':,'~ _.All1li .1M" ^,_, "-c' 'I.~ - '---'-"<""',~'''' '" '~'-'--' .', <,,,",,,,,c_,,-,,_,'''' ,,~~ \'If r:[, .",..,... ('''' ",'IL",'..,H ',LI-!CC: , -",,_, .....,1, 'I..;. !r ~, ""1 1f::,",:,f(")TJ."'Y "-,'~ itVl Q? nr:-(' , '. ._,~_,,", - l: '''II P.f1i : 37 C'I',-,,', 1.;111'1""'.1'; ',; J-o, ,...., .~.,.., 1c.f'"U , '(JU' 'In' 'Jj::NN ~ h 1 _I SYLVANIA .~~>~ 1"-" -- ''''''''',1'''''''~''''''~~''',,"';-''~;;<'"'~' , V1T~""=",..,..,.~,,,,_d,~I!1llJ!~t'fW'$1~;f"""ft"'f.",'(<ii:'" "''''~''''!'~iiiw"m~~-f!f;lfj:1lt41NW~~j~J~t!7J~!lR[;,,,q,~,,'r'~:~ ".,"~,T. ,..' " .......- --- . " .-,- """~ -I" - ., -. =.~ ~ iI1<'o,'i>:Ilii:"i'g,;'i,Ml.cW,,' JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CNIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE ~TH CUMBERLAND COUNTY RULE OF CDnL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins September 5, 2000 Mother 2. A Conciliation Conference was held on November 21,2002, with the following individuals in attendance: The Father, Jason G. Collins, with his counsel, Charles E. Petrie, Esquire, and the Mother, Heather Early, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. (UmJe.vJ1J.,"/J ~{ rleJd3- Date cQ~ Dawn S. Sunday, Esquire Custody Conciliator - "" . ".4,,_'. ~~ 'tn~( -- 'illiiliMn"-i:;-,.i>-(!;",%;~""-,,,_ . JASON G. COLLINS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-6392 CMLACTIONLAW HEATIlEREARLY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and theiT respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, November 21, 2002 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 beard 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 hearinl(. FOR TIIE COURT. By: Isl Dawn S. Sunday. 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 heaTing 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 VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County BaT Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,,~ <~' , , '"'~'"N' ^~'" ~~''''''''"F~ ~"'","""L,""c"', '__, ',~ ", ", '-".", -, --'~.'2;;~I! - ,~ .".,'",", ."." ,"--.,,,,,,',,<!&--,,...,,,,,-,,,~.~ "'~~,~~ "~ ,. ""'",c ';'~";(''',1'F'-'''!.';''",-""~",,W"'.'' '~-" '='~,.:", -'", '_"',~.,~, OF "}irHY ?/?'ot E 01") t/r,\! -~) l. rh' ,f ~ I). I ' {~. -...- C1 . !~",,-- " "",', .- <'~\ If';";"'.! Jrv'Jr)L--::,r-';L-r-<'L,1 \"J,...__ ...JI'~ I I Ptl'JNSYL\,1/\Nll\ //j~1l2 M ~ ~ ~4 ~ I('d- -o~ 5?!~ ~ -0 ~ I(,c,.cj,,) ~ ~ ~ a:zyC~ . LUIf~~~,~ I. ~~.~;:r.J11~!lf:Jf['ill;W;~W,,,~!lI;'t!~]l'<!;i:;i!f!!!'C;jc,<cJ'F''';-o''i'?~'q'''''' """'~~~I!'(lW!'W!!'1;~~~l'itf'llt";"'-~\J~lJmw~ i\lJj~'" IIIIIIIII ~iIlil:iIll8 , ' ~.; . " ~~ ." ,..- ~< =i:~;;;o;'k00'",,~,1 , JASON G. COLLINS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOV 0 1 2002 c HEATHER EARLY Defendant NO.: 01-6392 CIVIL TERM CUSTODY I VISITATION ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the _ day of , 2002, 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 at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT: YOU SHOULD TAKE 1'HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 :;r- " "-'"' .0"0' ""J, "= , r (tM-'i,{;"",'~'~~,:k, , JASON G. COLLINS, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO.: 01-6392 HEATHER S. EARLY, Defendant IN CUSTODY MOTION TO MODIFY CUSTODY ORDER NOW COMES the Plaintiff, JASON G. COLLINS, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is JASON G. COLLINS, who currently resides at 344 Briner Road, Elliottsburg, County of Perry, Pennsylvania. 2. Defendant is HEATHER EARLY, who currently resides at 1632 Derry Street, Harrisburg, County of Dauphin, Pennsylvania. 3. That the parties are the natural parents of a minor child, JASON DYLAN COLLINS, born September 5, 2000. 4. On April 17, 2002, a Custody Order was entered by the Honorable Kevin A. Hess, a copy of which is attached hereto. 5. Said Custody Order granted primary physical custody of the subject minor child to Defendant, with rights of partial custody to Plain tiff. 6. On May 9, 2002, just three weeks after the entry of the Order, Defendant relocated to the state of Arizona. 7. Defendant returned for a visit in June, 2002, for five days and saw the child one time. ~ .1<<;......___ " i......---~;:-., ; i _ __~u' " ; ',I '-'c , "', "'....,,;.;~"''''''-'''h;,,j:' 8. Defendant returned to the central Pennsylvania area on September 9,2002, and saw the child infrequently between that date and October 20,2002. 9. On October 20,2002, Defendant took custody for a weekend visit and refuses now to return the child. 10. While Defendant was residing in Arizona, the child resides with his grandmother, SUSAN M. VASQUEZ. 11. Defendant has resided in approximately 26 residences since the birth of the child. 12. The best interest and welfare of the child will be served by granting primary custody to Plaintiff. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court amend its Order of April 17, 2002, to grant primary physical custody of the subject minor child to Plaintiff. Respectfully submitted, ~ e-M CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG, PA 17111 (717)561-1939 ATTORNEY FOR PLAINTIFF - - "I.,'," " ~' ''';'' 1'"~-f<dj"\!'''',,I,h,~N COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. If I 9-;;'(@9-. DA E ~. .J1 ~A14 ASON G. COLLINS ~--..;.".. ' ~' 'I' 'rJ '~~'jJj41,~ili.'''''iI''',' ",",.'j'",",,' - APR ~2 JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CIVIL ACTION LAW HEATHER S. EARLY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11 ~ day of , 2002, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The prior Order of this Court dated December 28, 200 I is vacated and replaced with this Order. 2. The Father, Jason G. Collins, and the Mother, Heather S. Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the tenus of this paragraph each parent shall be entitled to all records and infonuation pertaining to the Child including, but not limited to, school and medical records and infonuation. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 3:30 p.m., when the Father shall pick up the Child after work, through Sunday at 6:00 p.m., when the parties shall exchange custody at the Sheetz store at the comer of Route 114 and the Carlisle Pike in Mechanicsburg. The Father's first alternating weekend period of custody shall begin on Friday, April 12, 2002. The Father shall have an interim period of custody from Sunday, April 7 at 6:00 p.m. through Tuesday, April 9, 2002 at 6:30 a.m. If the Father works on Monday April 8, the Father shall transport the Child to the Mother's residence before work and pick up the Child at the Mother's residence after work. If the Father does not work on April 8, 2002, the Father shall retain custody of the Child through Tuesday. In addition, the Father shall have custody of the Child every week from Tuesday at 3:30 p.m. through Wednesday morning at 6:30 a.m. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Mother's residence with the exception of the exchanges on Sundays which shall occur at the Sheetz store at the comer of Route 114 and the Carlisle Pike in Mechanicsburg. 6. The Mother shall provide the Father with 60 days advance written notice in the event she intends to relocate the residence of the Child outside of the Commonwealth of Pennsylvania to enable iiillll1lP' ~~~ '~'~''''W 1!illU"",,"";.~<""'~.'."""_ 't. . the parties to make alternative custody arrangements for the Father by agreement or to litigate the relocation issue if necessary. 7. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion ofthe Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. The parties and their counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on IJiesdav. Julv 2. 2002, at 8:30 a.m. for the purpose of discussing expansion of the Father's periods of custody, if appropriate. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, i.s11~~ a ~ evin A. Hess, J cc: Barbara Wevodau, Esquire David Lopaz, Esquire rR~E COpy FROM RECORD In T~stim(JI'lY whom",f, I here unto SEt mj' ha1)(! a~ the ~al of safd Court at Car:!sle. Pa. fhlS /7 Q day of ~~M.b '7' &: ad ~ Prothonotary r.:;lil:Ullt'1~"iCoo' "~;';1l!;ilW:ilg~.Jiiifjb:~iM;;"&-.t~b;;-d.","",,_~j,,,',i'.ho h-',!'A:,,",",~~,.~-,~';;fuj,k(",~~-4.1I;!I..I!l!lltiltm!'l~1Ml'I2!~~~'''. 1 ~', Ir......... L.", . ~__"M"'..<'~" P,,<~~"_V_C~,. ,=.",..h"'~'4-'!>"-~,' '?"^,. , - ~ Lc. __ __. . . () 0 0 C f') -n ~:: 0 :::J ~ ~ ~q~; CJ ,c:,171 'a ~.... ''',0-<--'- (.) '.:') OJ .("'-,~ -:'J'l..J ~~:;:~', (::> k , ,<.".1.,'__, .....". a ~~:~~ ~ ';~,~~ \.N -a .::::::: w ~ '-?I...,' -,... :C,;;C) is ~ ~ 5~ ,[...) ;':)1"'1 Z ~ --,J =< ::> ::D \) ~ \0 -< --- ::> (\ ",. ~. " ' ,".~"~ -,.' 0,;',1"",, '" ~=~_.~ ...... .. . d~, " ,." "'" "" ~ ~~ ~,..., - b~I!'~l~1i.y;.....,[;";e.1 JUl :or 2002 JASON G. COLLINS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-6392 CIVIL ACTION LAW HEATHERS. EARLY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 26TH day of June, 2002, the Conciliator, having been advised by Plaintiff s counsel that the custody issues have been resolved informally between the parties and that the additional Conciliation Conference is not necessary at this time, hereby relinquishes jurisdiction. .The Custody Conciliation Conference scheduled for July 2,2002 is canceled. FOR THE COURT, 1~--4 Dawn S. Sunday, Esquire Custody Conciliator ~iM~~'~ir:rriR'J'!lt!l~i~rv",..i-,"'"'''~''O",.:",,;-,;Bih'''-;;;;'",-,.;.~MV:-\!OO~ut 'oi... ~' 'ip" I ~,,~,_~,~~ ~,~,,,. ,^,"~""""^=-""".",, ~'" ~ ~',,",."'" _,'" 'A I. .- . ~. "", ~". ,~. II ~'~ o ~ ""T.) t:; , ~~~ ~~; )>c -', /- :~ ." C) ~~0 ~~T~ ~ r- , ;T1 .~~C) , , ~g ~o\~:0 ~C) ~~-rn u _.-l ~ -< (",,) :;..?! ~~ r.f? :;:;> ,0 fS (?~ -- _.- l~--'-~ -'.'~ ....~ .~ '.1........ '. ~"-.~f( ""'''''~ikr''W;''{,(~'"';':'''l''''' .. . JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CNIL ACTION LAW HEATHER S. EARLY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this /i-' day of ~; I , 2002, upon consideration of the attached Custody Conciliation Report, t is ordered and directed as follows: Order. L The prior Order of this Court dated December 28, 2001 is vacated and replaced with this 2, The Father, Jason G. Collins, and the Mother, Heather S. Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 3:30 p.m., when the Father shall pick up the Child after work, through Sunday at 6:00 p.m., when the parties shall exchange custody at the Sheetz store at the comer of Route 114 and the Carlisle Pike in Mechanicsburg. The Father's first alternating weekend period of custody shall begin on Friday, April 12, 2002. The Father shall have an interim period of custody from Sunday, April 7 at 6:00 p.m. through Tuesday, April 9, 2002 at 6:30 a.m. If the Father works on Monday April 8, the Father shall transport the Child to the Mother's residence before work and pick up the Child at the Mother's residence after work. If the Father does not work on April 8, 2002, the Father shall retain custody of the Child through Tuesday. In addition, the Father shall have custody of the Child every week from Tuesday at 3:30 p.m. through Wednesday morning at 6:30 a.m. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Mother's residence with the exception of the exchanges on Sundays which shall occur at the Sheetz store at the comer of Route 114 and the Carlisle Pike in Mechanicsburg. 6. The Mother shall provide the Father with 60 days advance written notice in the event she intends to relocate the residence of the Child outside of the Commonwealth of Pennsylvania to enable ",,' ~' -'" ~~, _Itl"",~,~~t!~, JlIl.iillW>~, ." I"' ~, '. '.'~" "' ~,~,~. n'- " \..oj FlLED"{\I=F1CE C,'_re. .r., ',..l'I...'Y ; :- ,}', :'":',il',,1\.., /",1]'1 0;: APR ! 7 At~'! 9: ."rl ",.,',...., 'N'-I'" CUlvldtt(.}";,",IU !JJUl ( PENNSYLVf,Ni/\ ... ~=~,--" ~ "^., ", '"1 ~ . - -, - f:\? ,,- ",~~~~,~Il~~"fR'l-;::~i&"-<mr:rysJt~j~'WO"7""'1':""!?'-'i"~""""""."'r-'fWBL'~~~--m~WJ!~,~,~~p~ ;'P!~ - ,- , ~ . I. ., ~ ~- "'~. \a.i~"';'o/fl;',~~H~'; the parties to make alternative custody arrango.:ment~ for the Father by agreement or to litigate the relocation issue if necessary. 7. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. The parties and their counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on Tuesday, July 2,2002, at 8:30 a.m. for the purpose of discussing expansion of the Father's periods of custody, if appropriate. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Barbara Wevodau, Esquire David Lopaz, Esquire ~ ~ J J 9- lBliIIA'-- ~~". ~~ ." ~ ~~I"'l ~"C, . ~"" """~';a~'~' .""",~",,,,~';"',,,I , ... JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CIVIL ACTION LAW HEATHER S. EARLY, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins September 5, 2000 Mother 2. A Conciliation Conference was held on April 4, 2002, with the following individuals in attendance: The Father, Jason G. Collins, with his counsel, Barbara Wevodau, Esquire, and the Mother, Heather S. Early, with her counsel, David Lopaz, Esquire. Date 3. The parties agreed to entry of an Order in the form as attached. ~Af fI doOJ- a~ Dawn S. Sunday, Esquire Custody Conciliator - .I~ I", ,'~ I .',,",' " ~ ' i i~;ti..J,.,:i .' JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA, 91H JUDICIAL DISTRICT HEATHER S. EARLY, Defendant No. 01-6392 CIVIL ACTION - CUSTpDY ORDER AND NOW, this of November, 2001, upon consideration of the attached Petition For Modification of Custody Order, it is hereby directed that the Pltrties and their respective counsel appear before , the conciliator, at on the _ day of , 200-,-' 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 defin!! and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five (S) or older may also be present at the conference. Failure to appljaf at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT: , . Custody Conciliator The Cumberland County Court of Common Pleas for the 9th-Judicial District 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO 19 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associ,ation 2 Liberty Avenue ' Carlisle, PA 1701} Telephone (717) 249-3166 'E.""~' --" -~" . 'I "..1,-, ' __'j'__>I ,'~- ".~'iI~;,i[i;,.i:h, < JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUJ'ITY PENNSYL VANIA, 9TIf JUDICIAL DISTRICT HEATHER S. EARLY, Defendant No. 01-6392 CIVIL ACTION - CUSTpDY NOTICE YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the c1aillJs set forth against you. You are wartled that if you fail to do so the case may proceed without you and a judgement may be entered against you by the Court without further noti'le for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TQ OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERAL SERVICE 213 NORTH FRONT STREET HARRISBURG,PA 17101 (717) 232-7536 CENTRAL PENNSYLVANIA LEGAL SERVICES 213A NORTH FRONT STREET HARRISBURG, PA 17101 1-800-932-0356 """~:'r'. ..,~, ~. > ~ -I,.. ~, ~" ';~""iimlli"';ir,~~-'>1il;\*t JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COu;NTY PENNSYL VANIA, , 9TH JUDICIAL DISTRICT HEATHER S. EARLY, Defendant No. 01-6392 CIVIL ACTION - CUS-rpDY PETmON FORMODIFICATION . OF CUSTODY ORDER." NOW COMES, the Plaintiff, JASON G. COLLINS, pursuant to 1915.1 et seq. of the Pennsylvania Rules of Civil Procedure to petition this Honorable Court for a ctrmge in the custody order entered in the above-captioned action. Plaintiff requests that this Honorable Court grant Plaintiff primary physical custody and shared legal custody qfthe minor child, Jason Dylan Collins. In support of this petition, Plaintiffs assert the follo~ng: I. Plaintiff, JASON G. COLLINS, (hereinafter Father) is an adult indivtdual residing at 6410 Spring Road, Shermans Dale, Perry County, Pennsylvania. 2. Defendant, HEATHER S. EARLY, (hereinafter Mother) is an adult indiv1dual who receives correspondence at her parent's residence, 829 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. The subjllCt child ofthisaetion, JASONDYLANCOLLINS~ Was born September Stb;2000 (hereinafter the minor child or Dylan). 4. A custody conciliation conference was held on December 20, 2001 in Attorney Dawn Sunday's Office. 5. A custody order was executed by the Honorable Kevin A Hess on DecejIlber 28, 2001. A true and correct copy of the Custody Conciliation Summary Report and Custody Order are attached hereto and Marked Exhibit "A". 6. Since the entry of the within mentioned custody order, there has been a significant change of circumstances that directly and substantially impacts the -- - --- "~ ..,1" . ""[ '.,. ~'il0-:.!,~..,v,L . parties' respective custody rights. These changes in circumstances are as f090ws: a.) Plaintiff has been released from the Perry County PrisoJI and has established a safe and stable household in which to raise the minor child: b.) Mother's paramour has been either arrested, charged or there are investigations presently being conducted stetll/lling from allegations that he committed multiple acts of domestic violence and a burglary. c.) Mother has failed to provide the minor child with adequate medical care and pediatric treatment. Examples of these shortcomings involve Mother's failure to dispense prescription medications as dirllcted. d.) The minor child has been losing weight as a direct result of Mother's failure to provide the child with sustenan~ that properly meets has nutritional needs. . e.) Mother has been participating in inherently dangerous actiyities with the parties' eighteen (18) month old son in that she has recently taken the young child four-wheeling withput a helmet. . 7. The minor child is not presently being raised in a safe and stable environment. 8_ Fatheris better able to provide a safe, stable and loving environment in which to raise the !lhild. 9. Plaintiff seeks primary physical custody and shared legal custody of the lJIinor child. 10. Plaintiff PraYS that this Honorable Court grant the relief requested b~ause said relief will serve the best interest of the child. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him primary physical custody and shared legal custody of the minor children JASON DYLAN COLLINS. ,-"'~- - ~~" -- . " I" I" ~".~ '" ~. '," ~' ",;,miOOo~,~",_.>V"",.L Respectfully submjtted: ~-/l~ Attorney for Plaintiff Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, P A 17068 (717) 582-8883 ~ - ." ' ~ ~ , I,' ,~' ~ " <, ~, i " 'tf.;Wi>~?M'~,;,;.j-" . JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUJ'ffY PENNSYLVANIA, , 9TH ruDICIAL DISTRICT HEATHER S. EARLY, Defendant No. 01-6392 CIVIL ACTION - CUST9DY VERIFICATION I veritY that the statements made in the attached PETITION FOR MODIFICATION OF CUSTODY ORDER 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 authopties. DATE: ;(t'3/0 a.. ~.J1~ ,. (SIGNATI)RE) Jason G. Collins =,- ~~. ~" , ~L -, I..~, ~ , ,;,J.-o,~~ _ " .-:--""'''*.!I'<"I . .' JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUJ'ITY PENNSYL VANIA, 9TH JUDICIAL DISTRICT HEATHER S. EARLY, Defendant No. 01-6392 CIVIL ACTION - CUSTpDY (;ER~ATEOFSE&VlCE - I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing Custody Complaint was served upon David Lopez, Esquire, attorney for the Defendant, HEATHER S. EARLY, by personal service. DATE: M (.\S2..uf '2 ~I ? f'7'V'_ Q~..:iZ Daniel McGuire, Esquire Supreme Court J.D. No. 81630 P.O. Box 264 New Bloomfield, P A 17068 (717) 582-8883 "'. - " I', : L" "oJ. ",:",'.d-<;-~"~ij[j~1!' " AMERICANS WITH DISABlLl1I'IES ACT OF 1990 The p-erry County Btanchofthe Court of Common Pleas for the 41 "Judicial District is required by law to comply with the Americans with Disabilities Act of )990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact my office. AJI 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. ,-*t~!kWt",fhi~_~i$~~~I\iil~~~""'rl)I..""~ljb;,,""'::=h,~;;'~~,"-,,!',;i;:,~,,,,,,,'_I";"i'''",';~ "'I,,,,..;s;;,i.i;\!ili.IDlfulih~~m-~ili~~<- ,~~,,,". ~ _c ..0'_" _fl' ~~ - ..'~ ., " -,.l c' C) l'l.-'::~ f::~ '.. -"'] ..... ~ 'l) ~ ~ jf ~ - ?,I ;, :j , U, , .. t~. ) nl "- 0 '," - c ,-.1 "" - ~' (~) ," (,., ...; ~ ., <'~\ ~ - ~ ..1.::-- r'-.1 , i~n - ~ r- :,i.J " -< ~ 5',,~,c ,,', _ ~~,~,', "__"r~ ~~=I"~, __ ,,-,"""'..' oN'. ,,_ "_ ~,~''''~ ~,~,"--' ~,<," ~ -i~-~'~ ~ " ,~'" MilliIi . . 11 ~~_i'.J."" " ,,~~ ,,/', 'iJ.1 ,'iiliP:;'.u;-",p;i'-<~"":,l' . .. \, '.'" -!" JASON G. COLLINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-6392 CIVIL ACTION LAW HEATHER S. EARLY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 02, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thnrsday, April 04, 2002 at 1:00 PM 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 hearing, FOR TIIE COURT, By: Isl Dawn S. Sunday. Esq. ())v\ 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE 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 ! 'I !;""""" 7": ~ ,--- ,V_W!1l,:-"<:--, '~",~IJIT, ',' ^'", -f.:"~',,_, " ,,',' -'~ '=~'. T' ~ ~~ ".~- , -~'~\-"'" .'...... 4_~W=-" =""'''''~''-"___'''.' '" .' - '"r" ,,, 'r' ,~~" .' ~.' ~""""~'".a~".~ ""'C";;"~;" . e""~ Cfjrc. Or: Ti,:r-S1J-.OFCII'C' "'I,: rf:){'rn,:. "'''L.. ., "ONOTA:-1Y 02 APi? _ _. 4 !iN II: D3 CURia" , ' VrlJfts~~jiJ?)!My 1-/ /j()J l/'lf ,tJJ.. l/ ,tl~L M ~ ~ z c4 ft("~-' ~ ~ ;I'd{ ~ ~/kt ~ _k ~, ?VV:J tf I~ , t., ,,,~tw~~fiil1'!tJff'J!W;M'j;r';',"r,,,~,'lJ,9J!~'i"W<l'; "'r~,."~~,\j!l~~',$1~,~i!l,~J~?J~~~,:,,,,::~~ "I",'" .,,,,,.__',1~"\Jli.j,~, "".. S-.) UJ - 1.,- . ~" " l......-1" ~<&"""",,'h;,,,,~,""o"~,;.J" , " ~ JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CNIL ACTION LAW HEATHER S. EARLY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this :t. Sf' day of Jlc..~ , 200 1 , upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: L The Father, Jason G. Collins, and the Mother, Heather S. Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 2. The Mother shall have primary physical custody of the Child. 3. During the remainder of the Father's incarceration, the Father shall have visitation at the prison during alternating weeks at times to be arranged by agreement of the parties. Upon the Father's release from incarceration, the Father shall have periods of custody with the Child as arranged by agreement. 4. The Mother shall provide to the Father 60 days advance written notice in the event she intends to relocate the residence of the Child outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements for the Father by agreement or to litigate the relocation issue if necessary. 5. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the " ~~lIIi>lItJ!liilIlllillliiil .,- ~1IoItillli:D ~H , ,,' ..l_. _""-"'r,~~~~~''''''''*~',,,,;ih..J-,j, ~ .' ~ Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controL BY THE COURT, cc: Daniel McGuire, Esquire - Counsel for Father David Lopez, Esquire - Counsel for Mother J. L~~ 1~:31-01 ~ ~. w" '~d ~,_ ~ ~ ,," " ~. " ')' nUl :4,4~1~, I IllI ~'""Vr" o"~_"'," ,,,"~~ ~.'r ~-,-'- -, (1:' <," t;}~Z~;~);)n_ :1/ " "f,_.v,- (/J:- I' Z "- '.C./;i1]lIifl. C&w,:?L: "'", Pi! '}- f1S\1~i;1/j) I: S I ~'VSI.V I....) . i(/?1 'vCt;;. JJ\ttq ~V;y .. ,~,l ,~~~ ~'''''''','''J''~ " :" ml!i!'i'~~Jj~~"""-P"'~,:;-""*'tf~"'i~-~' ,;:LiJW"""!,o,,.~,f,-,:~~~~W,"', ,>>_~ l&,:'r"t~!'~~~"~' '"<.~,,,,."'~ -~. ~~,. ~ 'NlIIII ~ ' I . J~J""'~"""'~~~~"'~~!.I;;;"",,""'-H''-''''''! '. ~ JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CNIL ACTION LAW HEATHER S. EARLY, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins September 5, 2000 Mother 2. A Conciliation Conference was held on December 20,2001, with the following individuals in attendance: Daniel McGuire, Esquire, counsel for the Father, and David Lopez, Esquire, counsel for the Mother. The Father, Jason G. Collins, is currently incarcerated in the Perry County Prison and was unable to attend the Conference. The Father's counsel consulted with the Father by telephone during the Conference. The Mother, Heather S. Early, was not able to obtain transportation and therefore, was not present at the Conference. 3. This Court previously issued a Temporary Protection From Abuse Order in this matter granting primary physical custody of the Child to Mother with supervised periods of visitation for the Father. The Father filed this Petition for Primary Physical Custody. As, at the time of the Conference, the Father was incarcerated in the Perry County Prison due to his conviction for driving under the influence and driving under suspension, the Father is not able to pursue a transfer of primary custody at this time. The Father's main concern at the time of the Conference was that the Mother indicated she may be moving to Arizona in the near future, which the Father opposes as it would interfere with his current regular periods of visitation with the Child. Qu~ Date 4. The parties, through counsel, agreed to entry of an Order in the form as attached. (~ Dawn S. Sunday, Esqmre Custody Conciliator dO i :J-f')T) I , - '''~IMIIIIiIiii''~ I,," Ill"' " "~.:..~,, ,'ie, ,~"^ "~l~k(: > JASON G. COLLINS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-6392 CIVIL ACTION LAW HEATIIER S. EARLY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wedne~day, November 21, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, December 20, 2001 at 10:00 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 gtOlmds 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 TIlE COURT, By: Isl Dawn S. Sunday. Esq. ~fI/1 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 homs 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 (1 ~fi,i~lcm,w-<!w<.~;r,,;ili,t"'''';".i'~'-''''''.i''~H-':1\J,~,~>::~J~;~'il0,,;.~E-;;;;'<"""'c:i~""'''i";,!,,,t,'''\''p',,':'''''''-'/- '",~",:"i'c,f&"",,,;;,L"''''i!t~kjJ1;~ijj~~~M~~,,"~k~~ .....'Ml~' J11 ~ t' 3 ll, t ( li t ~ {:!. :r, cr~ (jEte ~ I:~ I ~ (J r~ l ~.~ 3 - "t- }.=r r(' - ,,- tr ~-~- ~ . ...........I -..) -~ ~ f l' 0 0 C~ C ?' ~ ti- C .~, - ....- ri C;' (;:::; zq-::: ,:::-= -""I &5~~ 1'", ,--- .-..J .. ., ~;~ ~ c> :J!: - --.", .~~~~ J>c~ 9? '--' z --, ~ :.n 3> <-.) :0 -< ~ft, ~I J~~~,lJ-p"~]r~,:J,-,;,,~,::,, ,'1' .",,,,_".L~", '" ""_,_,,,,,,,I'li;",,,~ -"~-"",\,,, t> _"', ,,'M'L~~="y '--"'^:""~'(V,' ,""'_""" ''1,";"" ,-'.. ",.. ",,'p',' " L, 'Co.." ' ,",,~., " ~L--. 'I , ,~, '; . -,,~ '. -,',; -,,' '--"~'tii~; JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9TH ruDlCIAL DISTRICT No. 2001- ~^- CIUI.(-L~ CIVIL ACTION - CUSTODY ~ HEATHER S. EARLY, Defendant ORDER AND NOW, this of November, 2001, upon consideration of the attached Custody Complaint, it is hereby directed that the Parties and their respective counsel appear before . the conciliator, at on the _ day of . 200--, 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 (5) 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: Custody Conciliator The Cumberland County Court of Common Pleas for the 9th Judicial District 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 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, PA 17013 Telephone (717) 249-3166 ~l - - '. 1 ,I~ , . ,,' "~'" "'--"","-' """'.~t-' JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMDN PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9TH JUDICIAL DISTRICT NO.200l- W9'J...... 8o~l <-r-~ CIVIL ACTION - CUSTODY HEATHER S. EARLY, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERAL SERVICE 213 NORTH FRONT STREET HARRISBURG,PA 17101 (71 7) 232-7536 CENTRAL PENNSYLVANIA LEGAL SERVICES 213A NORTH FRONT STREET HARRISBURG,PA 17101 1-800-932-0356 =, ',I ,',", "_''''1..-. ^i~", ."""'-'-';j,;-.c''~~1liI~fiIi JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9TH JUDICIAL DISTRICT No. 2001- ~9~ Q;c.>L '--r~ CIVIL ACTION - CUSTODY HEATHER S. EARLY, Defendant CUSTODY COMPLAINT NOW COMES, the Plaintiff, JASON G. COLLINS, pursuant to 1915.1 et seq. of the Pennsylvania Rules of Civil Procedure to petition this Honorable Court for primary physical custody and shared legal custody of the of the within named minor child. In support of this petition, Plaintiffs assert the following: 1. Plaintiff, JASON G. COLLINS, (hereinafter Father) is an adult individual residing at 6410 Spring Road, Shermans Dale, Perry County, Pennsylvania. 2. Defendant, HEATHER S. EARLY, (hereinafter Mother) is an adult individual who receives correspondence at her parent's residence, 829 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. The subject child of this action, JASON DYLAN COLLINS, was born September 5th, 2000 (hereinafter the minor child or Dylan). 4. Plaintiff is the minor children's natural father. 5. Defendant is the minor children's natural mother. 6. Over the course of the minor child's life, one (I) year, the child has resided at numerous residences with unknown persons. Over this time period, the Defendant and the minor child resided at temporary addresses in Dauphin, York, Cumberland and Lancaster Counties. To the best of the Plaintiff's knowledge, information and belief the Defendant and minor child have never resided in anyone county for six (6) consecutive months, however, the majority ofthe addresses where Defendant and the minor child have resided have been in Cumberland County. The Defendant has customarily received mail at her parent's residence located at 829 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. ,." -" ...........-' I ' " _ """,,' I _ '~ -- , 7. Mother currently has defacto physical custody of the minor child. However, Dylan routinely resides with his paternal grandmother and step-grandfather, SUSAN and TONY VAZQUEZ, at 19 Shady Lane, Enola. Cumberland County, Pennsylvania. 8. The minor child was born out of wedlock. 9. The minor child has not been the subject of any other custody action in this or any other jurisdiction. 10. All parties that have claimed custody rights to the minor child, subject to this action, have been named as parties herein. 11. Plaintiff seeks primary physical custody and shared legal custody of the minor child. 12. Plaintiff prays that this Honorable Court grant the relief requested because Plaintiff is better able to provide a loving, stable and safe environment for raising the minor children. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him primary physical custody and shared legal custody of the minor children JASON DYLAN COLLINS. Respectfully submitted: c-;:2~ ;1. Attorney for Plaintiff Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, P A 17068 (717) 582-8883 - ,.,~." - " ~,";,,:," , ~";"I: , ., _d' - , ~. ";, ;'., -, '-' ,- '" <. '~-~:i:~G~ii, JASON G. COLLINS, Plaintiff v. IN TJ:IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9TIf JUDICIAL DISTRICT HEATHER S. EARLY, Defendant No. 2001- CIVIL ACTION - CUSTODY VERIFICATION I verify that the statements made in the attached CUSTODY COMPLAINT are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: YO.sI(!) { /~~ ~ (SIGNATURE) Jason G. Collins . '.'1 - '~ ..., '" ,- -;. ,- - ',-',- "'"""~~ 'J'Jr"~"-: JASON G. COLLINS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9TIf JUDICIAL DISTRICT HEATHER S. EARLY, Defendant No. 2001- CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE 1, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing Custody Complaint was served upon HEATHER S. EARLY, Defendant in the above-captioned matter, by mailing a copy of said Custody Complaint from the New Bloomfield Post Office via first class mail postage prepaid to the following addresses: Heather S. Early 829 Erford Road Camp Hill, PA 17011 DATE: ~V,~, 200{ , CA )e(1- Attorney for e Plaintiff Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P:O. Box 264 New Bloomfield, P A 17068 (717) 582-8883 1n d, . , ,,', '; '""","n._ - -', ~''"''^<>'''' /rIiL:i<iitle!:>d:j_ AMERICANS WITH DISiWILlTIES ACT OF 1990 The Perry County Branch of the Court of Common Pleas for the 41" Judicial District 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 my 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. ~ :~~~OO-iO!!!:~"'iS<Ii;;k;Oit!ijg;!"!';';~;0.f"''''}f!\IlW''ill<'Mo',i;,, ;I",j;,;["*,~~"",.~-,li"~',,,-wi"",@it;;~;!ll;:_~ilII ' ~ ,...~~'~'."" ~"'1""-""" -IQ.. ~ ~ 8 ~ 0 '1 -UJ:~ inrr ~is . -," 1--: i':-:-~ .:::::: ~ G' ~ - 5-;2~ z -j -. r )- ~ - ~~- ~,,',~, -~~ I~~_.,_.~. _', ~,,_ ^_ ,_~~..". D ~':. o C1 1'1 ;::r~ 'c) I \..D N ,--"\ ;~3r-n .-.J J> :0 -< (:::J "~ ~ _~'L ,'~ ". ,- l~ '-:i[liilliiiill;ll!"M_"t,;\;o~l,:.h.,~:' JASON COLLINS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 01-6392 CIVIL ACTION LAW HEATHER EARLY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before DawnS. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 14,2004 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 groUIlds 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/ Dawn S. Sundtty. 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1HE OFFICE SET FORTI! 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 ?~ Q~ .J!!Ii_ '~'~'.~ """"~,""' .," '~:';>0'"'' :J -,;;> f <tit/' 3'dJl.0'I 3-dq .O~ 1i!I'i;l'\,m ""',_T ^", - ". ,-. "' "" " ,-",~"","-"" -;--'~'<' ,_'_,:.otl',' "ok,'.""" 'T'''':''ot.!"''~''''''~'''"' "'~'-'-~I ',",-:_;"C",~,,-- ~Y''''''='C"'''''''''~'-'''~'''-''''"--T- II. ..... ~ RLED-OFHCE . , OF THE PROTHONOTAHy ZOOL. M^i~ 29 PH 3: 07 ^'I' ~I-,;', I' -'.t. I" '''''('.LJ't\p1" l,vMQ!.::r~I..J"I'':\.J \...i__ ; ~ 1: r":~, t\I("'/l'\i'/\t-I;!' t"cr' i\!,,':) i L r\!'Hr\ M-~ ~ 7i ~5~ ~~;; ~~- ~f~ ~.~~ - ~" ~~ . L!4'~" , '. ,1,lt~~"f!l~'~if\1'.;'ir!"i4Th"i:(!ir';!jjr~W;",V'-1-;;,;'-""?'!r~lF'W:!!o;r,'jJj500'''''''''~1~1~''''J/Q'1'~~~JijIl~_r:.-:, ". :_':~'-'i":-':~ ..- ~~ , .., , .-1, - ~ '_~ _",'~,h....._ , JASON COLLINS, IN THE COURT OF COMMON PLEAs OF Plaintiffi'Respondent CUMBERLAND COUNTY PENNSYLV ANlA VS. NO.01-6392 CML TERM HEATHER EARLY, DefendantlPetitioner IN CUSTODY . ORDER OF COURT AND NOW, this _ day of , upon consideration ofthe Petition for Contempt and Modification, the following Order is entered: 1. The Respondent is in contempt of the existing January 23, 2003, Court Order. 2, This matter shall be scheduled for a conciliation to establish terms for a modified order establishing a visitation schedule for Petitioner. 3, Petitioner is granted periods of visitation at the YWCA in Harrisburg on Saturdays from 9:00 a,m, until 4:00 p.m" until the conciliation can be scheduled. The parties shall immediately contact the Harrisburg YWCA to schedule their orientations and begin the visitation schedule, 4, Respondent shall allow Petitioner reasonable telephone contact with the child. By the Court, J. 0":0",,0' '" 4~j~1 ~ ) I - ..... " Jessica Diamondstone, Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Charles Petrie, Esquire 3528 Brisban Street Harrisburg, P A 17111 " ,~ .I~ .' ~ ,'. " u" __ ~'~'i~~~~" "'~ ,- . I , <,-~,-- "-;'--'-i~:~ JASON COLLINS, IN THE COURT OF COMMON PLEAS OF RespondentIPlaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No, 01-6392 CIVIL TERM HEATHER EARLY, PetitionerlDefendant IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Heather Early, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: I, Petitioner/Defendant, hereinafter referred to as the mother, resides at 120 Dauphin Street, Enola, Cumberland County, Pennsylvania 17025. 2, Respondent/Plaintiff, hereinafter referred to as the father, resides at 344 Briner Road, Elliottsburg, Peunsylvania. 3. The above-named parties are the natural parents of Jason Dylan Collins, born September 5,2000. 4, The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated January 23,2003, The Order, in pertinent part, grants the mother periods of partial custody on alternating weekends from Friday at 6:30 p.m. through Sunday at 6:30 p.m. Additionally, the Petitioner is granted a twenty- four hour period of visitation each week, upon sufficient notice to the Respondent. 5. The father has willfully disobeyed the Order in ways including, but not limited, to the following: a, Refusing to permit the Petitioner to exercise her periods of partial custody in accordance with the Court Order. ", ..... '.j 1.-, ,"--",,;"';-"--'-"'--""'-~'--"~ b. Unilaterally limiting the mother's telephone and physical contact to the conditions he drafted in Exhibit B, Although the mother signed Exhibit B, she was unlawfully and arbitrarily coerced in that her only alternative was to have no contact with the child, c. Despite Exhibit B, the father has unlawfully denied the mother all contact with the child from December 2003 until February 2004, when the father allowed the mother to speak to the child for a ten-minute telephone conversation, The mother has not been permitted to have any further contact with the child, 6, The father is not acting in the child's best interest for reasons including, but not limited to, the following: a, The father has willfully denied the mother both physical and telephone contact with the child in ways set forth in paragraph five of this Petition For Contempt and Modification. b, The father is trying to alienate the child from his mother. 7. The mother is entitled to periods of visitation with the child for reasons including, but not limited to, the following: a. Prior to the January 2003 Order, mother had primary physical custody of the child, b. The mother has demonstrated her commitment to pursuing a sober and healthy life and to provide for the child, c. The mother has been sober for three months, d. The mother wants to re-enter the child's life gradually and agrees to periods of visitation without overnights, initially, to re-establish a "i-i ~~. , I""""",,~ .~, ""',' ".u relationship with the child and demonstrate her commitment to providing a safe and nurturing environment for the child, e. The mother is gainfully employed. f, The mother is active in AA and NA and attends meetings at least two times each week. g. Without this Court's intervention, the child is at risk of being harmed from being denied contact with his mother. 8. The father is represented by Attorney Charles Petrie. 9. The mother's counsel has contacted Attorney Petrie, who does not concur with the relief requested in this Petition, WHEREFORE, Petitioner respectfully requests the following: a, That this Court find the Respondent in contempt of the existing January 23, 2003, Court Order. b. That this matter be scheduled for a conciliation to establish terms for a modified order establishing a visitation schedule for Petitioner. c, That the Court immediately grant Petitioner periods of visitation at the YWCA in Harrisburg on Saturdays from 9:00 a.m. until 4:00 p.m., until a conciliation can be scheduled and order the parties to immediately contact the Harrisburg YWCA to schedule their orientation and begin the visitation schedule. '.0 1ii~-~i'!fJli;4il~"i ...;!i - " I '0->'-> d, That the Court order Respondent to allow Petitioner reasonable telephone contact with the child, e, Any other relief this court deems just and proper. Jessica D. 0 one Attorne for Defendant! Petitioner MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 ., ~'" '__ ifi-i~;i ~ -- - -- , L:,..w 1.,..,,_ ," ;.,,:.~. '.;- ','.,.-, ~-w-k" " JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6392 CNIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this .2:3 ~ day of (fa....., 1{1c , 2003, upon consideration of the attached Custody Conciliation RePort, it' ordered and directed as follows: Order. 1. The prior Order of this Court dated December 4, 2002 is vacated and replaced with this 2. The Father, Jason G. Collins and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, born September 5,2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion, Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Child, 4. The Mother shall have partial physical custody of the Child from Saturday, January 11 at 11:00 am through Sunday, January 12, 2003 at 6:30 pm. The Father shall transport the Child to the Harrisburg East Mallon January 11, where the parties shall exchange custody inside the main mall entrance, The Father shall pick up the Child at the Mother's residence on January 12, 2003. Thereafter, beginning on Friday, January 17, 2003, the Mother shall have custody of the Child on alternating weekends from Friday at 6:30 pm through Sunday at 6:30 pm, In addition, the Mother shall have custody of the Child for a minimum of one 24 hour period during each week upon providing at least 24 hours notice to the Father of the dates and times. The Mother may have additional periods of custody as arranged by agreement of the parties. 5. The parties shall share having custody of the Child on holidays as arranged by agreement. 6. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody to and from the Mother's residence. 7. Each party shall provide the other with 60 days advance written notice in the event she or he intends to relocate outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements by agreement or to iitigate the relocation issue if necessary. i )G\-I"I()\. '~.. - - . .. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision, 9, Neither party shall drink alcohol to excess during his or her periods of custody. 10. The Father's petition for emergency relief is dismissed, 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controL BY THE COURT, III 'C J. cc; Charles E. Petrie, Esquire, Counsel for Father Heather Early, Mother > cr ~ 1.:U,03 Y- fti".!;]'''-I " .. . , JASON G. COLLINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 01-6392 CIVIL ACTION LAW HEATHER EARLY, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME. DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins ("Dylan") September 5, 2000 Father 2. A Conciliation Conference was held on January 14, 2003, with the following individuals in attendance: the Father, Jason G. Collins, with his counsel, Charles Petrie, Esquire, and the Mother, Heather Early, who is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. 4. Although Judge Hess had previously signed the agreed upon Order in this matter after the prior Conciliation Conference, the parties agreed to indicate Judge Guido as the Prior Judge, (who has been assigned in a related case involving another child of the Mother)to ensure that one Judge is overseeing all interrelated issues and families. Date J [l-1..AA-(j I ')} .'kv3 , rf].~~ Dawn S, Sunday, Esquire Custody Conciliator -,. ~, '_0 , ~<j; 1,;iJlii'iJ~&WpH CONTACT AGRF:RMF.NT FOR .JASON DYLAN COLLINS Phone Contact: . ThL'fe aro lu nul be more Ihan 2 phone calls pel' week, . Ph.one calls are to be made between (, pm and 8 pm Monday t1u'l)ugh Friday. Calls can b. made at any time during rhe day on weekends, bllT nor after 8 pm. . Mcssagl.:s l;au be left for Dylan and will he played fOl"him.. pr()vi.J~J lh~tt is nO\hing t1eg~\livt:, or obscenities in the message, If you need to discuss specifics rcgarding visilS. or other concerns. either leave a sepamte message, or ask for a l'et\U'U call without ieaving sptcHlc:s for the reason the call back is nceded. . Do not discus.~ future visits on th..: ph()n~ unlc~s the v1l-ilt ha.~ been ccmtin\"\cd {s.e~ below}, . Do not mention youI' other children in the phone calls. Keep the call specific to Dylan, unless he brings up one of the other children. . Do not COntact other membl..'Ts of OUT family fl.;garding Dylan, visiu~tioll) or to tind out where we arc. if YOl1 cannot reach us. Visits: . There will be a special visit scheduled tOf Noveniber 9, 2003. . Visits will be scheduled for every other Sunday af1eroooD slarIing wilh November 16,2003. for a minimum of 1 hout' per visit. These visits will be superviscd, bul we willlry to provide )'0\1 as little interference as possible. Tbey will be sehedukd for public places. . At the vIsits. do not bI'iag up the next visit Or whl:[l you will SCl;: him again. . Do not mention Roberl, Devon Or other family rn~l'nh(;rs hl; is not familiar with. o '1'l'aospo:"tatiolJ to and from (he: vil:iils fvr Dyhll1 will be provided by u.~. You are rel;p(lJ.lslble for your own h"aJ1sportation to anrl from visits. . V isits are 10 be conJimlod the Friday betore Ule visil. You will need to caU and eunlilm the time, place and your ability to keLll the visit. Ailer Ule visit is contirmed, yo" may discuss it wiD1Dylan. . You afe not to discuss future plans Fur visilatiun an,Vor custody with Dylan. Tlus agreement will apply until at least January, at which time DIe situation wiU be reevaluated and changes can be made. This will depend on the effect the visits have on Dylan and yuur pro!,"'c" in the program. If you al'e asked 1"0 leave. Or voluntarily leave the current program wjthoul completing lhe prograll1, all visits will immediately cease, Phone contact will only conlinue if you arc rC5pectful. By signing below you are agreeing to the teflllS of this agreemt'Dt for visitation and contact with Jason Dylan Collins, lletlther Early Date Date Witness 1 Witness 2 .....-----Date l'IC~.h6r_r 116" lee "d wdse:Z0 v0!9l!10 vLvi7Si:;SSS81 C:l3ald3-'~NICl ---~- ...... - ........~ , 0" ~,J ',""",,--<. -,,'.'j, - '-''4ll;W_-: VERIFICATION The above-named Plaintiff, Heather Early, verifies that the statements made in the above Petition for Contempt and Modification are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C,S, ~4904, relating to unsworn falsification to authorities. Date: 1; - ').- O~-I< - ~e~? ~c7 Heather Ear y, Plaintiff 7> , 1,,-; .--. , ,." ,., -,' -,,-, --';J';'<1l"~~J JASON COLLINS, PlaintifflRespondent vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 01-6392 CNIL TERM HEATHER EARLY, DefendantJPetitioner : CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, ofMidPenn Legal Services, attorney for the Petitioner, Heather Early, hereby certifY that I have served a copy of the foregoing Petition for Special Relief on the following date and in the manner indicated below: U,S, First Class Mail. Postage Pre-Paid Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, P A 17111 MidPenn Legal Services, Inc. Date: J 'j lo</ Jessi Diamondstone, EsqUIre MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 " yr" _~ "~","""",^""L~"" ~.,_ """"'''~ ""L~"",-.".,,".,,,<._,,"",,,~,~ "~, 'J{",'",,,,,jp;"~,,H<!L;::,,i;!il,,,;!,;,~ml~liAI~liW'Ak "r~~ _ ~~ qk .= <. __,of"'"",-,__,,,.,... _ .~,"~~_ _ ~_L ~" ,.,,,n',,-> ~" __ . "~~=- 0 "" c:-,.:) 0 f:; <::J -n S') -,"" . ~ 2't :::! :';'T} fi1:n !~..- -0 fll ':L\ N :DO 0.1. \) ...;1....1 :T;JOt -~=H ~ ~~c"5 (::: 0111 .~~ ,;:-'-j -", C) :":0 -< -.J -< ,~,~___>>"w.~"'~,',. ~~__ - --....~...~1lIII ~~ ." - = .-, ~- . I, ~~_ _ .~ ., J. < '~~~~,,' , . .. JASON COLLINS, IN THE COURT OF COMMON PLEAS OF Plaintiffi'Respondant CUMBERLAND COUNTY PENNSYLVANIA VS. No. 01-6392 CIVIL TERM HEATHER EARLY, DefendantIPetitioner IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Heather Early, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party, Jessica'iamondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~i~jtr~1rnBJ;l1!I~~~~>ffit~M,"f''S''",,~''';'''ii'';idi'P'iiW'~-',&~.lli,tt!<\lil:i;;~ t;l' .~~."'<~-~~'~ ,;,--;, .. ~"-= ~J~_~__~.~~ ."..~ _~,?,,"''''"'', .'.......c_"" '''"'', ~_~.~ - -"""~" "~~ ..~.' "'-0'. "~ U'flil r-.> 0 = = .1 .x:- :::r: -.... ]..~,"" :T:n ;;v m, -om t;; :!JO '0' N 06 " " ~f~ ,,:;~ 0" ~ ;c"() / f:; .~ :~ (:;:) ::.'( -' -, _I _~'H~,. ~ - -- ,. ~,,~I '_u ,~ .~~~F*^,*!;i_t# 'V JASON COLLINS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 01-6392 CIVIL ACTION LAW HEATHER EARLY Defendant IN CUSTODY ORDER OF COURT AND NOW, this <.J" day of n?~ ' 2004, upon consideration of the attached Custody Conciliation Report, it is or ered and directed as follows: 1. The prior Order of this Court dated January 23,2003 is vacated and replaced with this Order, 2, The Father, Jason Collins, and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have periods of supervised custody with the Child at the Harrisburg YWCA on alternating Saturdays for the 2 hour maximum period permitted by the supervising facility. The Mother's periods of custody shall begin as soon as practicable under the YWCA schedule. The parties shall cooperate in promptly scheduling the orientation session so that the Mother's first period of custody with the Child can take place as soon as possible, 5, The Mother may have reasonable, liberal telephone contact with the Child. The Father shall ensure that the Mother's telephone calls to the Child are returned within twenty-four hours if the Mother leaves a message, 6. The Father shall provide all transportation of the Child for periods of supervised custody. 7. Both parties shall refrain from drinking alcohol to excess during his or her periods of custody with the Child and shall ensure that third parties having contact with the Child comply with this provision. " <". W "._ '_~' . - 1 11 1 ~, -"~" "-~~""'" "'--"~-, '~",'~"O '''''''''r"~< >' ~,- FILED-OFFICE OF THE PROTHONOTr'IRY 211O~ HAY -5 PM I: 06 CUM;:::'.:" ...\,", ,-'r., '!\m ';:;";:::' ~.l~''"-,. ~:..j 1....-.'JUI'l J { !'ti\j":(',vL' \lANI>^ ( )\!~ ( .'1, 1 :Jr; f!iJ!~ 4I'foli!!l'U')liEN:'~!ijlIjl1~i(t~~~~i!~~ ,_n:ll1flK~~~~,,~[I',Jli~ ...~ I'. . '1_ .- .'" "'~'."<""J:"'ti.*",~"",-,,,L.,", - 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn Sunday, on July 7,2004 at 10:30 am, for the purpose of reviewing the supervised custody arrangements. 10, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall controL BY THE COURT, .AJ. 1. cc: v6harles E. Petrie, Esquire - Counsel for Father v1 essica Diamondsto e, Esquire - Counsel for Mother ~ 6,04 0.6,0 ~-'-_. ilIIIiIlIIIIIil ,,'I. ... ~.. . -~-~"'~~~^ ", , ',~;"j~""..,wk,~G -- JASON COLLINS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. 01-6392 CIVIL ACTION LAW HEATHER EARLY Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins (Dylan) September 5, 2000 Father 2. A Conciliation Conference was held on April 14, 2004, with the following individuals in attendance: The Father, Jason Collins, with his counsel, Charles E. Petrie, Esquire, and the Mother, Heather Early, with her counsel, Jessica Diamondstone, Esquire. 3. Although the parties were able to reach an agreement at the conference, the Father's counsel notified the conciliator later in the day that the arrangements that the parties had made for supervision of periods of custody were not acceptable to the proposed supervisor. At the request of counsel, this matter was placed on hold until a telephone conference could be held between the conciliator and counsel on April 21, 2004, at which time alternative arrangements were made for supervision. 3. The parties agreed to entry of an Order in the form as attached. i4pJ ;)-7, ;}ooL( Date Dawn~~ Custody Conciliator ,-" JASON COLLINS vs. HEATHER EARLY - Plaintiff Defendant ," '.L' ,.;: L., .' .' 0" "~ -, ,,:,~,~~ ;..;;..; ,.~ti!~4, - JUN 1 6 2004 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 9TH day of June , 2004, the conciliator, being advised by the Petitioner - Mother's counsel that the Mother does not wish to continue to pursue the issue of custody, hereby relinquishes jurisdiction, The follow-up conciliation conference scheduled for July 7, 2004 is cancelled. FOR THE COURT, Dar&~ Custody Conciliator m ! l I t ',~, _,,,..,,_~r"_;',' " <., .~ - .-. -- -~,~ flLED"OFfiCE ."' . OF 1HE PHOTHONOI NlY 2004 JUN 11 PI"I \: 42 r'\ ~fi~1:;\':~,-:"'; ;':>{') cCUNTY UV'H,;"'''-' ""J. .... " PENi\ENLVI~NIA. ~~~ 'FT "-,~~""""'_~""'"' .' , ffl~. ."'f',>1" ~"l~~1JI~''f<%.!Km>l1!-r$''''i1:"t51h1f,''I~~'~l1ilffl~~~''''''7:''!c,~n__~_~_':~'.'',,!~~'...."..,.,. 4~jIJOJ;:?,]~~~ij: , ," -, -, -', --,-',, ,'"