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DEAN ALLEN SHIRLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
CUSTODY/VISITATION
BETH ANN MORTON
Defendant : NO.99-q5o 7 CIVIL TERM
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
AND NOW, this q? day of 1999, 1 Paul B. Orr, Esquire, attorney for
Dean Allen Shirley, Plaintiff in the above-captioned action, hereby swear that I have served a true copy
of the Complaint for Custody, executed by the Plaintiff in the above-captioned matter, upon the
Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested.
The original return receipt card signed by the Defendant on July 29, 1999 indicating service was
effected, is marked Exhibit "A", attached hereto and made a part hereof.
LA 0 I OF PAUL BR RD ORR
Dated: p(? By:
Paul Bradford r, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
(717) 258-8558
I.D. # 71786
a SENDER:
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DEAN ALLEN SHIRLEY,
Plaintiff
V.
BETH ANN MORTON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 99- A196 CIVIL TERM
ORDER OF COURT
AND NOW, ?j 19 CA, upon consideration of the attached Complaint, it is
hereby directed that the parties and their respective counsel appear before
C,a?? the conciliator, at ,?9 MQI?SI
on the 1 day o1-- 1999, at 0 o'clock,
a.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.
FOR THE COURT:
By: ( 1Q11tS? ?. C
(U
Custody Conciliator -U-?
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Cumberland County Court House, Fourth Floor
Carlisle, PA 17013
(717) 240-6200
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DEAN ALLEN SHIRLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
CUSTODY/VISITATION
BETH ANN MORTON
Defendant : NO. 99. CIVIL TERM
COMPLAINT FOR CUSTODY
1. The Plaintiff is Dean Allen Shirley, residing at 408 North Pitt Street, Carlisle, PA 17013.
2. The Defendant is Beth Ann Morton, residing at 546 Mountain Road, Boiling Springs, PA 17007.
3. Plaintiff seeks custody of the following child:
NAME ADDRESS
DOB AGE
A. Dale John Morton 546 Mountain Road, Boiling Springs, PA 17007 3/23/99 4 months
4. The child was born out of wedlock.
5. The child is presently in the custody of Mother, Beth Ann Morton.
6. During his life, the child has resided with the following persons and at the following addresses:
NAME ADDRESS DATES
A. Beth Ann Morton 546 Mountain Road, Boiling Springs, PA 17007 Birth - Present
7. The mother of the child is Beth Ann Morton, currently residing at 546 Mountain Road, Boiling
Springs, PA 17007. She is unmarried.
8. The father of the child is Dean Allen Shirley, currently residing at 408 North Pitt Street, Carlisle,
PA 17013 . He is unmarried.
9. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with
the following persons:
A. Ted L. Cauffman, Roommate
B. Brittany Cauffntan, daughter of Roommate
10. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides
with the following persons:
A. Dale Morton, Father of Mother, Beth Ann Morton ,
11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the child in this or another court.
12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of
this Commonwealth.
13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of
the child or claims to have custody or visitation rights with respect to the child.
14. The best interest and permanent welfare of the child will be served by granting the relief
requested for the following reasons:
A. A Court Order of custody and structured visitation is desired so that the Plaintiff and the
child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding
custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion.
B. A Court ordered determination of custody is required to avoid continuing conflict
between the parties regarding parental responsibility for custody and support.
15. Each parent whose parental rights to the child have not been terminated and the person who has
physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant partial custody of the child to Plaintiff pending
the hearing.
Date: 7 n q I
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
Telephone: (717) 258-8558
Supreme Court ID No. 71786
VERIFICATION
I verify that the statements made 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. § 4904, relating to
unsworn falsification to authorities.
?^ 1
DATE:
Dean AI en Shirley, Plaintiff
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JUL 2 8.1999
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DEAN ALLEN SHIRLEY,
Plaintiff
VS.
BETH ANN MORTON,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-4507 CIVIL TERM
: CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 4#4 day of b fMWI , 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Father, Dean Allen Shirley, and the Mother, Beth Ann Morton,
shall have shared legal custody of Dale John Morton, born March 23, 1999.
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.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating Sundays, beginning October 3, 1999 from 8:30 a.m. until 7:00
p.m. In addition, the Father shall have custody of the Child on
alternating Wednesdays, beginning September 29, 1999 from 4:00 p.m. until
8:30 p.m. Beginning in January 2000, the Father shall have custody of the
Child on alternating weekends from Saturday at 12:00 noon through Sunday at
7:00 p.m. and on alternating Wednesdays from 4:00 p.m. until 8:30 p.m.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS, THANKSGIVING, EASTER: The parties shall share
having custody of the Child on Christmas, Thanksgiving and
Easter at times to be arranged by agreement of the parties.
B. ALTERNATING HOLIDAYS: The parties shall alternate having
custody of the Child on memorial Day, July 4th and Labor Day,
beginning with the Mother having custody of the Child on Labor
Day in 1999.
C. CHILD'S BlIdIMAY: Both parties shall be entitled to have a
period of custody with the Child on his birthday each year
with the times to be arranged by agreement of the parties.
D. FATBffi2'S DAY/M(ynMIS DAY: The Father shall have custody of
the Ch ld every year on Father's Day and the Mother shall have
custody of the Child every year on Mother's Day.
E. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. The parties shall exchange custody of the Child at the paternal
grandmother's house, unless otherwise agreed between the parties.
6. Neither party shall use illegal drugs or drink alcohol to excess
during or immediately preceding his or her periods of custody with the
Child. Neither party shall drive while under the influence of alcohol
during his or her periods of custody.
7. Each party shall ensure that the other party has his or her
current address and telephone number.
8. In the event either party intends to remove the Child from the
Commonwealth of Pennsylvania for an overnight period or longer, that party
shall provide the other party with an address and telephone number where
the Child can be reached.
9. Each party shall notify the other party immediately of any medical
emergency which arises while the Child is in that party's care.
10. 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.
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 ,
J.
cc: Paul B. Orr, Esquire - Counsel for Father 4 f o/S q 9.
Joan Carey, Esquire - Counsel for Mother - LOS J.r
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DEAN ALLEN SHIRLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. N0. 99-4507 CIVIL TERM
BETH ANN MORTON, CIVIL ACTION - LAW
Defendant CUSTODY
CUSTODY CONCILIATICN 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 B1UH CURRENTLY IN CUSTODY OF
Dale John Morton March 23, 1999 Mother
2. A Conciliation Conference was held on September 22, 1999, with the
following individuals in attendance: The Father, Dean Allen Shirley, with
his counsel, Paul B. Orr, Esquire, and the Mother, Beth Ann Morton, with
her counsel, Joan Carey, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
re
Custody Conciliator
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SEP % 7 1991
DEAN ALLEN SHIRLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
CUSTODY/VISITATION
BETH ANN MORTON
Defendant : NO. 99-4507 CIVIL TERM
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
AND NOW, this 144L day of ? Vtr 2000, 1 Paul B. Orr, Esquire, attorney for
Dean Allen Shirley, Plaintiff in the above-captioned action, hereby swear that I have served a true copy
of the Complaint for Custody, executed by the Plaintiff in the above-captioned matter, upon the
Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested.
The original return receipt card signed by the Defendant indicating service was effected, is marked
Exhibit "A", attached hereto and made a part hereof.
Dated: p I igl6c)
LAW , ICCEES OF PAUL B RD ORR
V? Jt
By:
Paul Brad rr, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
(717) 258-8558
I.D. # 71786
Com ate Items 2, and 3. Also comptote
ite 4 It Restdeted Delivery
is desired.
¦ P t your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mallplece,
or on the front If space permits.
1. Article Addressed to:
1-100-7
A Received by (Please Pdnt Cb&W I B. Date of
C. Signature
Agent
X D Addressee
0. Is deltm address di feiem from item 17 ? Yes
If YES, enter delivery address below: O No
W Certified Mall ?Expres Mall
? Registered Y/ Return Receipt for Merchandise
• Insured Mall ? C.O.D.
4. RWtrcted DMIvery4 (Exse Fee) ? Yes
Y Im" s 4 lebeq /
Z Ankle Number? 09 (Al 5 e (?
PS Form 3811, July 1999 Domestic Return Receipt 1025 MMn196 I
EXHIBIT "A"
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DEAN ALLEN SHIRELY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BETH ANN MORTON
DEFENDANT 99-4507 CIVIL ACTION LAW
IN CUSTODY
AND NOW, this 15th day of August , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg PA 17055 on the 26th day of September , 2000, at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: ls/ Dawn S. Sunday,&q e
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 THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
DEAN ALLEN SHIRLEY,
V.
BETH ANN MORTON
AND NOW,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
Det'endant/Respondent : NO. 99- 4507 CIVIL TERM
ORDER OF COURT
2000, upon consideration of the attached Petition to Modify
Custody, it is hereby directed that the parties and their respective counsel appear before
the conciliator, at
on the day of
2000, at o'clock,
m, for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court,
and to enter into a temporary order. All children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER 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
Phone: (717) 249-3166
DEAN ALLEN SHIRLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
CUSTODY/VISITATION
BETH ANN MORTON
Defendant/Respondent NO.99-4507 CIVIL TERM
PETITION FOR MODIFICATION OF CUSTODY
1. The Petitioner, Dean Allen Shirley hereinafter referred to as the Father, resides at 108 East Penn
Street, Apt. I, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Respondent, Beth Ann Morton, hereinafter referred to as the Mother resides at 546 Mountain
Road, Boiling Springs, Cumberland County, Pennsylvania 17007.
3. The parties are the parents of Dale John Morton, having a date of birth of 3/23/99.
4. On October 4, 1999, upon consideration of the parties consent agreement, a Custody
Order was entered in the above-captioned matter granting the Father partial custody of said child on
alternating Sundays from 8:30 a.m. until 7:00 p.m., and alternating Wednesdays from 4:00 p.m. until
8:30 p.m. The parties share or alternate having custody of the Child on holidays. (See Attached and
marked as Petitioner's Exhibit "A")
5. Petitioner does not dispute entering that Custody Agreement.
6. Father would like additional periods of Custody including but not limited to times the
Mother is working, and/or times the Mother is sleeping during daylight hours, due to her evening
employment.
7. Father would like summer vacation provisions added to the Custody Agreement.
8. Father would also like phone number contacts be exchanged by the parties.
9. Additionally, Father would like to revisit the issue of the living arrangements of the
minor child.
WHEREFORE, the Petitioner requests that this Court enter a Order Modifying and
Expanding the previous Custody Order.
Date: ? 00
Attorney for Petitioner
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court ID# 71786
VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I understand
that false statements herein are made subject to the penalties of IS Pa.C.S. § 4904, relating to
unsworn falsification to authorities.
DATE:-5/3 O-p
// -- can Allen Shirley, Plaintiff
DEAN ALLEN SHIRLEY# : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
va. : NO. 99-4507 CIVIL TERM y
CUSTODY ? BETH ANN MORTON,
Defendant INV ?
ID??Q
ORDER OF COURT
AND NOW, this 4'd" day of M64-6,- , 1999, upon
consideration of the attached Custody Conciliation Report, t is ordered
and directed as follows:
1. The Father, Dean Allen Shirley, and the Mother, Beth Ann Morton,
shall have shared legal custody of Dale John Morton, born March 23, 1999.
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.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating Sundays, beginning October 3, 1999 from 8:30 a.m. until 7:00
p.m. In addition, the Father shall have custody of the Child on
alternating Wednesdays, beginning September 29, 1999 from 4:00 p.m. until
8:30 p.m. Beginning in January 2000, the Father shall have custody of the
Child on alternating weekends from Saturday at 12:00 noon through Sunday at
7:00 p.m. and on alternating Wednesdays from 4:00 p.m. until 8:30 p.m.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CEPIS MAS, THANRSGIVIIIG, EASTER: The parties shall share
having custody of the Child on Christmas, Thanksgiving and
Faster at times to be arranged by agreement of the parties.
B. ALTERNATING HOLIDAYS: The parties shall alternate having
custody of the Child on Memorial Day, July 4th and Labor Day,
beginning with the Mother having custody of the Child on Labor
Day in 1999.
C. CHILD'S BIRTHDAY: Both parties shall be entitled to have a
period of custody with the Child on his birthday each year
with the times to be arranged by agreement of the parties.
PETITIONER'S EXHIBIT "hit
D. FATBBR'S _OAYAOTBIR'S DAY: The Father shall have custody of
the Ct Id every year on Father's Day and the Mother shall have
custody of the Child every year on Mother's Day.
E. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. The parties shall exchange custody of the Child at the paternal
grandmother's house, unless otherwise agreed between the parties.
6. Neither party shall' use illegal drugs or drink alcohol to excess
during or immediately preceding his or her periods of custody with the
Child. Neither party shall drive while under the influence of alcohol
during his or her periods of custody.
7. Each party shall ensure that the other party has his or her
current address and telephone number.
8. In the event either party intends to remove the Child from the
Commonwealth of Pennsylvania for an overnight period or longer, that party
shall .provide the other party with an address and telephone number where
the Child can be reached.
9. Each party shall notify the other party immediately of any medical
emergency which arises while the Child is in that party's care.
10. 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.
il. 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: Paul B. Orr, Esquire - Counsel for Father
Joan Carey, Esquire - Counsel for mother
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BETH MORTON,
Plaintiff
VS.
DEAN A. SHIRLEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4507 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 6 4k day of N w'__" , 2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior order of this Court dated October 4, 1999 is vacated and
replaced with this order.
2. The Father, Dean Allen Shirley and the Mother, Beth Ann Morton,
shall have shared legal custody of Dale John Morton, born March 23, 1999.
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.
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, beginning November 3, 2000, from Friday at 6:00 p.m.
through Sunday at 7:00 p.m., and every Wednesday from 4:00 p.m. until 8:00
p.m., beginning October 25, 2000.
5. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26
at 12:00 noon. The Mother shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. The Father shall have custody of the
Child during Segment A in odd numbered years and during
Segment B in even numbered years.
B. THANKSGIVING/ EAST ER: In even numbered years, the Mother shall
have custody of the Child on Thanksgiving Day and Easter
Sunday from 8:00 a.m. until 2:00 p.m. and the Father shall
have custody from 2:00 p.m. until 8:00 p.m. In odd numbered
years, the Father shall have custody of the Child on
Thanksgiving Day and Easter Sunday from 8:00 a.m. until 2:00
P.m. and the mother shall have custody from 2:00 p.m. until
8:00 p.m.
C. M04ORIAL DAY/JULY 4TH/LABOR DAY: The parties shall alternate
having custody of the Child on Memorial Day, July 4th and
Labor Day from 10:00 a.m. until 7:00 p.m. on the holiday. In
even numbered years, the Father shall have custody of the
Child on Memorial Day and Labor Day and the mother shall have
custody on July 4th. In odd numbered years, the Mother shall
have custody of the Child on Memorial Day and Labor Day and
the Father shall have custody on July 4th.
D. FATHER'S DAY/MOTHER'S DAY: The Father shall have custody of
the Child every year on Father's Day from 10:00 a.m. until
7:00 p.m. and the Mother shall have custody of the Child every
year on Mother's Day from 10:00 a.m. until 7:00 p.m.
E. CHILD'S BIRTHDAY: The non-custodial parent shall be entitled
to have a period of custody with the Child for 4 hours on the
Child's birthday, with the times to be arranged by agreement
of the parties.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
G. In the event the Father's holiday period of custody falls
either immediately preceding or following his regular period
of custody, the holiday/regular period of custody shall run
continuously without interruption.
6. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody, with the exception of
the Wednesday evening periods of custody for which the Father shall provide
all transportation. The paternal grandmother may provide transportation on
the Father's behalf if the Father is unavailable. All exchanges of custody
shall take place at the parties' residences.
7. In the event a party will be late due to unavoidable circumstances
for an exchange of custody, that party shall notify the other party as soon
as possible. The Father shall wait a minimum of 30 minutes if the mother
is late for a period of custody before making alternative plans for the
Child, due to the fact that the Father has no telephone for the Mother to
call in the event of a delay. The Mother shall wait a minimum of 15
minutes before making alternative plans for the Child if the Father is late
for a period of custody and has not contacted the Mother.
8. Neither party shall use illegal drugs or drink alcohol to excess
during or immediately preceding his or her periods of custody with the
Child. Neither party shall drive while under the influence of alcohol
during his or her periods of custody.
9. Each party shall ensure that the other party has his or her
current address and telephone number.
10. In the event either party intends to remove the Child from his or
her residence for an overnight period or longer, that party shall provide
the other party with a telephone number where the Child can be contacted.
11. Each party shall notify the other party immediately of any medical
emergency which arises while the Child is in that party's care.
12. 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.
13. 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 T,
Edward E. Outdo, J,
cc: Paul B. Orr, Esquire - Counsel for Father
Joan Carey, Esquire - Counsel for Mother rn • f?.C //. -7- C*7
OOt,T, - E P;1 1: 5!
;;47Y
BETH MORTON,
Plaintiff
Vs.
DEAN A. SHIRLEY,
Defendant
PRIOR JUDO: Edgard E. Guido
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4507 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY OONCILIATICN 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 CURRBNMY IN CUSTODY OF
Dale John Morton March 23, 1999 Mother
2. A Conciliation Conference was held on October 25, 2000, with the
following individuals in attendance: The Father, Dean Allen Shirley, with
his counsel, Paul D. Orr, Esquire, and the Mother, Beth Ann Morton, with
her counsel, Joan Carey, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
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