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HomeMy WebLinkAbout99-05700y? n l; Y.9 jl ? v• Y ?A r ? p r ? ><F 0 7 i? iI t k 'y 3 S1 y; dt 4Cst+' l y9 ?t u? S? } r? a ;r r? (L b y (hC ADAM W. BYRO, : IN THE COURT OF COMMON PLEAS OF PlaintIMPetitioner : CUMBRELAND COUNTY, PENNSYLANIA V. : NO. 99-5700 MELISSA S. FINKEY, : CIVIL ACTION-LAW Defendant\Respondent : IN CUSTODY PLAINTIFF'S SUPPLEMENTAL PRETRIAL MEMORANDUM AND NOW, comes the PlaintifflPetitioner, Adam W. Byro, by and through his attorney, Jacqueline M. Verney, Esquire, and hereby files this Supplemental Pretrial Memorandum. II. WITNESSES Father expects to call the following additional witness: 1. Records custodian from the Carlisle Hospital will be called to introduce the child's medical record. Respectfully submitted, Date: -0-0o ?. `14L Japiludline M. Verney, EsquireU Supreme Ct. ID 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for PlaintifflPetitioner CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Pretrial Memorandum was served on the following person by Facsimile transmission on the date indicated: Cindy A. Sheridan Donald Marritz, Esquire Family Law Clinic 45 North Pitt Street Carlisle, Pa 17013 Date: d l l/L J cq eline M. Verney, Esqutfk 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff/Petitioner MV 011 f oI .Iacyueliue M. Verney JAN 1 1 200?tf j 44 S. HANOVER Si CAR[iM I. PA 1 !011 •'.-IA21'"I IA[I11 Po', t'.Ix ADAM W. BYRO, : IN THE COURT OF COMMON PLEAS OF PlaintiMPetitioner : CUMBRELAND COUNTY, PENNSYLANIA V. NO. 99-5700 MELISSA S. FINKEY, : CIVIL ACTION-LAW DefendantUtespondent : IN CUSTODY PLAINTIFF'S PRETRIAL MEMORANDUM AND NOW, comes the PlaintifflPetitioner, Adam W. Byro, by and through his attorney, Jacqueline M. Verney, Esquire, and hereby files this Pretrial Memorandum. 1. PROCEDURAL HISTORY The child involved in this matter is Savannah Violet Byro, D/O/B August 27, 1999. Plaintiff filed an Emergency Petition on September 16, 1999 seeking primary physical custody of the child. On the same day, Defendant filed a PFA and a temporary Order was entered wherein Defendant/Mother had primary physical custody of the child and Plaintiff/Father was not to have any contact with the child. On September 24, 1999 the parties agreed to share legal custody of child, Mother was to have primary physical custody of the child and Plaintiff/Father had overnight supervised custody of the child from September 23 to September 25, 1999. On September 28, 1999, the parties agreed to extend Father's periods of overnight supervised custody from September 28 to October 30, 1999, allowing Father approximately 5 ovemights every two weeks. During this time, the PFA hearing was continued generally, with the temporary order remaining in effect. At the Conciliation conference of October 29,1999, the parties agreed to an interim order pending this hearing, providing for Mother to continue with primary physical custody of the child with Father having unsupervised overnight visitation amounting to three overnights per week. The October 29, 1999 Order also provided for holiday visitation. On November 15, 1999, Mother discontinued the PFA and asked that the temporary PFA Order be vacated. Father seeks primary physical custody of the child and has requested the hearing set for January 13, 2000 at 1:30 p.m. before the Honorable Kevin A. Hess. II. WITNESSES Father expects to call the following witnesses: 1. Adam Byro - Father will be called to testify to his periods of custody with the child, his level of care of the child when she is in his custody, his responsibility concerning the child's medical needs, his concerns over the care that Mother provides and other relevant matters regarding the best interest of the child. 2. Thomas Byro - the child's paternal grandfather, will testify concerning the level of care that father provides to the child and the periods of custody that Mother has had with the child and other relevant matters regarding the best interest of the child. 3. Robin Stahr - the child's paternal step-grandmother, will testify concerning the level of care that father and mother provide to the child and other relevant matters regarding the best interest of the child. 4. Carol Dunkle - caseworker for Cumberland County Children & Youth Services, will testify concerning her involvement with the parties and other relevant matters regarding the best interest of the child. 5. Officer Michael Sweeney - Hampton Township Police officer will testify concerning an incident that occurred on January 2,2000 during the transfer of custody at Mother's home. 6. Officer O'Leary - Carlisle police department will testify concerning an incident that occurred during a transfer of the child at Father's home. III. FATHER'S POSITION ON CUSTODY Father requests an Order be entered granting the parties shared legal custody of the child with Father having primary physical custody of the child and Mother having periods of partial custody as appropriate. Respectfully submitted, Date: - -a , ?7• (/ cq thine M. Verney, Esquire Supreme Ct. ID 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintifl\Petitioner CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Pretrial Memo was served on the following person by personal service on the date indicated: Cindy A. Sheridan Donald Manitz, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Date: - 7 - X cq eline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff LAW 0HI(L or Jacqueline M. Verney 44S HANOVER S7 •CANLISII, PA 1/011 plq hi1!?I9n 1.11 (Il /1: ?1111n J0 7?0110 , 1 #4 JAN 5 20, ADAM W. BYRO, Plaintiff V. MELISSA S. FINKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 99-5700 CIVIL TERM DEFENDANT'S PRE-HEARING STATEMENT This statement is submitted pursuant to Cumberland County Rule of Civil Procedure 1915.3-4. This case involves the custody of Savannah Violet Byro, born August 27, 1999. Savannah is the daughter of Melissa S. Finkey, defendant, and Adam W. Byro, plaintiff. Savannah has resided primarily with her mother, Melissa S. Finkey, since her birth, and spends 3 overnights each week with her father, Adam W. Byro. The muther and father share legal custody of Savannah. Ms. Finkey and Savannah live in Mechanicsburg with Ms. Finkey's grandmother, Charlotte Bair. Mr. Byro lives alone in Camp Hill and is seeking to obtain primary physical custody of Savannah.; A. FACT WITNESSES Melissa S. Finkey, defendant Charlotte Bair, defendant's grandmother B. EXPERT WITNESS r None, T C. ISSUE Is it in the child's best interest to remove the child from the primary physical care of her mother, Melissa S. Finkey, the primary care giver, with whom she has resided primary since her birth? D. ESTIMATED LENGTH OF TRIAL %: day E. REPORTS FROM APPROPRIATE AGENCIES There are no reports from any agencies. F. REPORTS OF EXPERTS INTENDED TO BE CALLED AS WITNESSES None Date: January 5, 2000 Supervising Attorneys Donald Marritz Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Counsel for Defendant Thomas M. Place ADAM W. BYRO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY MELISSA S. FINKEY, Defendant NO. 99-5700 CIVIL TERM CERTIFICATE OF SERVICE I, Cindy A. Sheridan, hereby certify that I am serving a true and correct copy of the Defendant's Pre-Hearing Statement on Jacqueline M. Verney, Esq., 44 South Hanover Street, Carlisle, PA 17013 by hand delivery. Date: mAll U 10r ` Cindy A/ heridan Certified) egal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT AMY 4 CERASO, EscuIRE DEPLI" PROTHONOTARY PATRICIA A. HONARD CHIEF CLERK September 2, 1999 REGISTRATION UNDER RULES 321 6 322 (FSNNSYLVANiA BAR ADMISSION RULES) OF ELIGIBLE LAW STUDENT Cindy A Sheridan 250 S Pitt Street Carlisle PA 17013 Thomas Place, Esquire Robert Rains, Esquire Donald Marritz, Esquire Family Law Clinic - Dickinson 45 N Pitt Street Carlisle PA 17013 801 CITYCOUNTy BUILOINO PMTSBWWH. PA 1821"4x1 (412) SM2310 htIPYAY cwluWeaa The above-named law student has been approved and certified under Pa. B.A.R. 321 & 322 by: Harvey Feldman, Associate Dean The Dickinson School of Law The Pennsylvania State University 150 South College Street Carlisle, PA 17013 as a duly enrolled law student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, is of good character, has been adequately trained and is of competent legal ability to perform as a legal intern as of Sep 2, 1999. Pursuant to such certification and in accordance with and subject to the provisions of Pa. B.A.R. 321 & 322, the above student has been registered and you have been approved to perform the duties of supervising attorney. WITNESS my signature and the seal of this Court, September 2, 1999. Patricia onar Chief Clerk /alf ADAM W. BYRO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY MELISSA S. FINKEY, Defendant NO. 99-5700 CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322 I hereby consent to the appearance of Cindy A. Sheridan, a Certified Legal Intern under the supervision of an attorney, in the above-entitled custody proceeding before the Honorable Judge Hess at 1:30 p.m. on January 13, 2000. Date ? I. / Melissa S. Finkey As the supervising attorney for Cindy A. Sheridan, certified under Pa.B.A.R. 322, I approve of her appearance on behalf of the above-named client in the above-named proceeding. Date W 'wj THOMAS M. PLACE ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ADAM W.BYRO, Plaintiff/ Petitioner V. MELISSA FINKEY, Defeadant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW NO. "-5700 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this 2q4 day ofd ti, G 1999 upon consideration of Petitioner's Emergency Petition, and after a conference in chambers with Jacqueline M. Verney, Esquire for the Petitioner and Donald Marritz, Esquire, William J. Patch, IV and Cindy A. Sheridan from the Family Law Clinic for Respondent it is hereby ordered and decreed as follows: 1. That the parties shall share legal custody of the minor child, Savannah Violet Byro, DOB August 27, 1999. 2. Mother shall have primary physical custody of the minor child, with Father having partial physical custody on the following schedule and with the following conditions: a. Petitioner shall have physical custody of the child from Thursday, September 23, 1999 at 8:00 a.m until Saturday, September 25, 1999 at 10:00 a.m. b. Pending the resolution of the PFA filed against the Petitioner at 99-5701 Civil, petitioner's periods of custody shall be supervised by, either his Father, Thomas Byro or his Father's girlfriend, Robin Starr. c. Pending the resolution of the PFA filed against the Petitioner at 99-5701 Civil, Respondent shall drop off and pick up the child at Petitioner's residence at 129 ? f. F a r> ? i O ? x J C7 Cf: CV X41 ? 4. ? r! ttll ] : c? ! s ON v lip W. Pomfret Street, Carlisle, Pennsylvania, unless otherwise agreed by the parties or the listed supervisors. d. In order for Petitioner to care for the baby, Respondent shall provide adequate formula, clothing, and the car seat for the baby. 3. Petitioner shall not have contact with Respondent except for matters concerning care and custody of the child. 4. Paragraph 3, 4, and 5 of the Temporary PFA Order are hereby suspended to the extent that they conflict with the terms of this Order. This order shall also be filed in the PFA case docketed at 99-5701 Civil. BY THE COURT, Fes-- J. P r z ADAM W. BYRO, : IN THE COURT OF COMMON PLEAS OF Plaintiff/ Petitioner : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION - LAW MELISSA FINKEY, : NO. qq- 5700cIVIL Defendaut/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this day of , 1999 upon consideration of Petitioner's Emergency Petition, it is hereby ordered and decreed that the parties shall share legal custody of the minor child, Savannah Violet Byro, DOB August 27, 1999 and that Petitioner shall have primary physical custody of the child with Respondent having periods of partial physical custody as the parties agree. BY THE COURT, ADAM W. BYRO, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MELISSA FINKEY, : NO. CIVIL TERM Defendant/Respoodent : : IN CUSTODY AND NOW, comes Petitioner, Adam W. gyro, by and through his attorney, 7acqueline M. Verney, Esquire and represents the following; 1. Petitioner is Adam W. Byro, who resides at 129 W. Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Melissa Finkey, residing at W. Church Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Petitioner and Respondent are the parents of Savannah Violet Byro, born on August y 27, 1999. 4. Petitioner has filed a Custody Complaint contemporaneous with the filing of this Emergency Petition. 5. Since the child was born on August 27, 1999, Mother has only permitted Father to see the baby unsupervised on two occasions, on September 5, 1999 until September 6, 1999 and for one and one-half hour on September 7, 1999. Mother had agreed to permit Father to visit with the baby on September 14, 1999 with Cumberland County Children & Youth supervising the visit, but refused after CCC&Y agreed to supervise. Father did see the baby on two occasions for short periods of time several days after the baby was born with Mother supervising. 6. Mother has no permanent residence. Since the baby was bom, Mother has stayed at various friends' apartments in the Carlisle area, including rooms 317 and 501 of the Molly Pitcher Hotel, a two-bedroom apartment located at 65 W. Church Avenue, Apt 101, where eight people reside and at her boyfriend's parents' house at 166 E. Penn Street. Mother does not have essential baby items to care for the baby. The baby sleeps either on the floor on a blanket or in a car seat. 7. Father lives with his Father and his Father's girlfriend. Father has a full time job at Carlisle Tire and Wheel. He has worked there since January 1999. Father has purchased essential baby items and has made arrangements for day care. 8. A Conciliation conference on the Custody Complaint will not be scheduled for approximately four weeks. 9. Father can provided a stable, caring, nurturing environment for the baby pending the conciliation conference. Father is capable of caring for the baby. Father will permit Mother to frequent and lengthy periods of custody pending the Conference. 10. Father fears that Mother will leave the area with the baby without notice. 11. Father seeks an emergency order to provide a stable home for the baby until Mother locates permanent housing and a permanent Custody Order is entered. WHEREFORE, Petitioner requests the Court, pending the Conciliation Conference and until further Order of Court, to grant shared legal custody and primary physical VERIFICATION I verify that the statements made in the within Petition are true and coaect to the best of my knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn falsification to authorities. Dated: > cr o c< u I (..? r. lD W7 ' Il :L } 71 ' i. h- , . . , U' ., 1.. L[ ? 1. f •_• Lt: -- ? L , L' 1!. ? ? ?._ C:'. r J • ?. ADAM W. GYRO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MELISSA FINKEY, : NO. q9- 570O CIVIL TES Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4-3_ day of, consideration of the attached Custody Con their resoectlve enlmwa ar,all a..nae. %-e -. rte, vvpe ( 1999, upon is hereby directed that the parties and L' ? &a c the on we ;J b day of f 1999 at C')(,) o'clockp m, r a Pre-Hearing Custody Conference. At such conference, an effort will be n1ade to resolve the issues in dispute; or ifthis cannot be accomplished, to define and namw 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 Conti:rence. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY: 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 anvaget, a must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled con*mnce 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 (717) 249-3166 Custody Conciliator t 1a.?) ''? ,-rr;,?L1RY 99 3FP 29 AH I I: g '1V3.Lti;tiJn ADAM W. BYR% Plaintiff V. MELISSA FINKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. '?q- 5700 Cwm-fEkM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the plaintiff; Adam W. Byro, by and through his attorney, Jacqueline M. Verney, Esquire and represents the following: 1. The Plaintiff is Adam W. Byro, residing 129 W. Pomfret Street, Carlisle, Cumberland County, Pennsylvania, 17013, 2. The Defendant is Melissa Finkey, residing at 65 West Church Avenue, Apt 101,Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following child: NAi? PRESENT ADDRES AGE Savannah Violet Byro 65 West Church Avenue, Apt 101 DOB 8127/99 Carlisle, Pennsylvania, 17013. The child was bom out of wedlock. The child is presently in the custody of the defendant, Melissa Finkey, who resides at 65 West Church Avenue, Apt 101, Carlisle, Pennsylvania. During the past five Years, the child has resided with the following persons and at the following addresses: LIST ALL PERSONS ADDRESSES Melissa Finney & her 2 children 317 Molly Pitcher Hotel Joy Farber 501 Molly Pitcher Hotel Mary Finney South Hanover St John Finney Don Finney ., 65 W. Church Ave. Apt 101, and Steve Kunkel 166 E. Penn St. Carlisle, PA David Kunkel Kunkel parents Tina & William Marche%= & their 2 children Michelle Esherman Barry Glsa ter Jeff Shap DATES various dates from birth to present The mother of the child is Melissa Finney currently residing at 65 W. Church Avenue, Apt 101, Carlisle, Pennsylvania, 17013. She is married. The father ofthe child is Adam W. BYro currently residing at 129 W. Pomfret Street, Carlisle, Pennsylvania. He is single. 4. The relationship of Plaintiff to the child is father. The Plaintiffcurrently resides with the following persons: NAME RELATIONSHIP Thomas Byro Father Robin Starr Father's girlfriend ak 5. The relationship of Defendant to the child is mother. The Defendant currently resides with the following persons: ri. MI. Tina Marchesano William Marchesano 2 Marchesano children Michelle Esherman Steve Kunkel Cheyenne Finkey Savannah Byro friend friend children of friends friend boyfriend daughter daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welftre of the child will be served by granting the relief requested because: a. Mother has no permanent residence and has been staying with various friends since the baby was born, including two different rooms at the Molly Pitcher Hotel, a two-bedroom apartment at 65 W. Church Avenue and 166 E. Penn St. where her boyfriend lives, all in Carlisle. A total of eight (8) people live in the two-bedroom apartment. b. Mother has no essential baby items for the baby. The baby either sleeps on the floor on a blanket or in a car seat. c. Mother has two other children, both of whom live with their fathers because Mother is unable to care form thern. d. Mother is unable and unwilling to adequately care for the baby. Mother allowed the baby to develop a severe diaper rash. Father provided medication to relieve the diaper rash. e. Father can provide a stable, healthy, loving, and nurturing environment for the child. Father has baby items available to care for the baby, including a bassinet. Father has arranged day care for the baby. £ Mother has refined to allow father to visit with the child demonstrating a firm intent not to promote communication and access to the child. Mother has permitted Father to unsupervised visit with the child on two occasions since the baby was born. g. Mother instigated a dispute over the baby with the father and six of Mother's friends resulting in Father having been charged with endangering the welfare of the child when he refused to turn the baby over to Mother's friends. Father vehemently denies that he endangered the welfve of the child. Mother actually injured the child when she attempted to grab the baby around her neck from Father's arms. IL Father will promote communication and liberal access to the child by mother. S. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff requests this court to grant shared legal and primary physical custody to the child to Plaintiff. Respectfully submitted, Date: 9//v/S? facqfieline M. Verney, Esqd 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Supreme Ct. ID 23167 Attorney for Plaintiff VERIFICATION I verify that the statements made in the within Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn falsification to authorities. Dated: q/isl9F Adam W. o cr, cr ; CII?'? r C^. ? l., C!: u: U c'• U ImV OINQ O( .Jacqueline M. Verney , ,p1G1999Y" 44 5, HANOVEAA • (. AFL IS[ I, VA 11013 • f/Ip214-9190. (A%(/1/)2.111519 CJ \.? ?l r? m J U r oC ADAM W. BYRO, : IN THE COURT OF COMMON PLEAS OF PlaibdW Petitioner : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION -LAW MELISSA FINKEY, : NO. 99-5700 CRU DefendanVReapondent IN CUSTODY ORDER OF COURT AND NOW, this 2 F' day of- _ 5EL4t±! 1999 upon consideration of Petitioner's Emergency Petition, and after a conference in chambers with Jacqueline K Verney, Esquire for the Petitioner and Donald Marritz, Esquire, William J. Patch, IV and Cindy A. Sheridan from the Family Law Clinic for Respondent it is hereby ordered and decreed as follows: I. That the parties shall share legal custody of the minor child, Savannah Violet Byro, DOB August 27,1999. 2. Mother shall have primary physical custody of the minor child, with Father having Partial Physical custody on the following schedule and with the following conditions: a. Petitioner shall have physical custody of the child 1. Tuesday, September 28, 1999 at 6:00 am. to Thursday, September 30, 1999 at 4:00 p.m. 2. Sunday, October 3, 1999 no later than 5:00 p.m. to Tuesday October 5,1999 at 6:00 p.m. 3. Friday, October 15, 1999 at 4:00 p.m. to Sunday, October 17, 1999 at 4:00 p.m 4. Monday, October 18,1999 at 6:00 Lm. to Wednesday October 20, 1999 at 4:00 p.m 5. Thursday, October 28, 1999 8t6:00 am, to Saturday, October 30, 1999 at 10:00 a.m. b. Pending the resolution of the PFA filed against the Petitioner at 99-5701 Civil, Petitioner's periods of custody shall be supervised by, either his Father, Thomas Byro or his Father's girlfriend, Robin Starr. c. Pending the resolution of the PFA filed against the Petitioner at 99-5701 Civil, Respondent shall drop off and pick up the child at Petitioner's residence at 129 W. Pomfret Street, Carlisle, Pennsylvania, unless otherwise agreed by the parties or the listed supervisors. d. In order for Petitioner to care for the baby, Respondent shall provide adequate clothing and the car seat for the baby. 3. Petitioner shall not have contact with Respondent except for matters concerning care and custody of the child. 4. Paragraph 3, 4, and 5 ofthe Temporary PFA Order are hereby suspended to the extent that they conflict with the terms of this Order. This order shall also be filed in the PirA case docketed at 99_5701 Civil. BY THE COURT, c?4T' c Al Po? r• N . T i) f.1 J LL, E!i F: C v ,?l ilj :: 711 O ) Cn , -j c U ,r ADAM W. BYRO, : IN THE COURT OF COMMON PLEAS OF PbdudW Petitioner : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION-LAW C•7" MELISSA FROMY, NO. 99-5700 CIVIL Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 28' day of 1999 upon consideration of Petitioner's Emergency Petition, and after a conference in chambers with Jacqueline K Verney, Esquire for the Petitioner and Donald MAIMM, Esquire, William L Patch, IV and Cindy A. Sheridan from the Family Law Clinic for Respondent it is hereby ordered and decreed as follows: 1. That the parties shall share legal custody of the minor child, Savannah Violet Byro, DOB August 27, 1999. 2. Mother shall have primary physical custody of the minor child, with Father having partial physical custody on the following schedule and with the following conditions: a. Petitioner shall have physical custody of the child 1. Tuesday, September 28, 1999 at 6:00 am. to Thursday, September 30, 1999 at 4:00 p.m. 2. Sunday, October 3,1999 no later than 5:00 p.m. to Tuesday October 5, 1999 at 6:00 p.m. 3. Friday, October 15,1999 at 4:00 p.m to Sunday, October 17,1999 at 4:00 P.m. 4. Monday, October 18, 1999 at 6:00 a.m, to Wednesday October 20, 1999 at 4:00 p.m. 5. Thursday, October 28, 1999 at 6:00 am to Saturday, October 30, 1999 at 10:00 a.m. b. Pending the resolution of the PFA flied against the Petitioner at 99-5701 Civil, petitioner's Periods of custody shall be supervised by, either his Father, Thomas Byrn or his Father's girifiiend, Robin Starr. c. Pending the resolution of the PFA filed against the Petitioner at 99-5701 Civil, Respondent shall drop offend pick up the child at Petitioner's residence at 129 W. Pom6rot Street, Carlisle, Pennsylvania, unless otherwise agreed by the pasties or the listed supervisors. d. Li order for Petitioner to care for the baby, Respondent shall provide adequate clothing and the car no for the baby. 3. Petitioner shall not have contact with Respondent except for matters cowmning care and custody of the child. 4. Paragraph 3, 4, and S of the Temporary PFA Order are hereby suspended to the extent that they conflkt with the term of this Order. This order shall also be filed in the PtA care docketed at 99.3701 Civil. BY THE COURT, ;, ADAM W. GYRO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. N0. 99-5700 CIVIL TERM MELISSA FINKEY, CIVIL ACTION - LAW Defendant IN CUSTODY ME OF Omw AND NOW, this Z q ' 'day of Q Lc f , 1999, n consideration of the attached Cust upo °' Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the day of 2000, at /;30 o'clock, .m., at which time testimo 7g A will be en. For purposes of this Hearinc, the Father, Adam Byro, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed with the Court at least 10 days prior to the Hearing date. 2. The prior Order of this Court dated September 28, 1999 shall continue in effect through October 30, 1999. Effective October 31, 19990 the prior Order is vacated and replaced with this order. 3. The Mother, Melissa Finkey, and the Father, Adam Byro, shall have shared legal custody of Savannah Violet Byro, born August 27, 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 her health, education and religion. 4. The Mother shall have primary physical custody of the Child, with the Father having partial physical custody for 3 overnights each week (with each week to be defined as running from Sunday through Saturday). The parties shall alternate having custody of the Child on weekends. The Father's weekend overnight periods of custody shall be considered to be included in his 3 overnight periods of custody per week. The Father shall provide to the Mother as much advance notice as possible of the overnight periods of custody which he selects. 5. The parties shall have custody of the Child on holidays in accordance with the following schedule: I. A- THANKSGIVIM: In 1999, the Mother shall have custody of the Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day beginning at 2:00 p.m, n9 B. CMUSTW: In 1999, the Father shall have custody of the C: dram 8:00 a.m. on Christmas Eve through 12:00 noon on Christmas Day, and the Mother shall have custody from 12:00 noon on Christmas Day through December 26 at 12:00 noon. C. NEW YBARS: In 1999, the Father shall have custody of the Child rom 8:00 a.m. on New Years Eve through New Years Day at 12:00 noon. 6. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for all exchanges of custody at the Mother's residence. Custody exchanges shall take place between the parties only and both parties shall ensure that no third parties are present during the exchange. 7. In the event either party requires care for the Child when he or she is working during his or her periods of custody, that party shall first contact the other party to provide the opportunity for that party to provide care for the Child before contacting third party caregivers. BY THE CDURT, •? Kevin A. Hess, ??yy??• J. J 11-3-99 cc: Jacqueline M. Verney, Esquire - Counsel for Father AIX x Cindy Sheridan and Donald Marritz, Esquire - Counsel for Mother ADAM W. BYRO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. a NO. 99-5700 CIVIL TERM MELISSA FINREY, a CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATICN SUMMARY REPORT PRIOR JUDGE: Kevin A. Heal IN ACCCROANCE W TM CUPMERLAND 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 CURRBNPLY IN CUSTODY OF Savannah Violet Byro August 27, 1999 Mother 2. A Custody Conciliation Conference was held on October 26, 1999, with the following individuals in attendance: The Father, Adam W. Byro, with his counsel, Jacqueline M. Verney, Esquire, and the Mother, Melissa Finkey, with her counsel, Donald Marritz, Esquire and Cindy Sheridan. 3. This Court previously entered an Emergency Order (by consent of parties) on September 28, 1999 under which the Mother had primary physical custody of the Child and the Father had partial physical custody for 2 overnights each week. A temporary Protection from Abuse Order is in effect although the Mother's counsel stated that the PFA would be withdrawn next week. The Father filed this Petition for primary physical custody of the Child. Although the parties discussed various proposals at the Conference for shared custody schedules, the Father viewed these as temporary arrangements only and requested a Hearing of the issue of primary physical custody. It will be necessary to schedule a Hearing in this matter. 4. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reside primarily with him. The Father indicated that the mother has lived in 5 different residences since the Child was born in August. According to the Father, there are various people moving in and out of the Mother's current residence on a temporary basis. The Father feels that he can provide stability for the Child which is lacking in the Mother's living environment. Although the Father was willing to consider a shared custody arrangement on a temporary basis, he ultimately seeks primary physical custody of the Child. Finally, the Father stated that he plans to move to New York as early as next Spring. 5. The Mother's position on custody is as follows: The Mother believes it would be in the Child's best interest to continue to reside primarily with her. The Mother stated that she is signing a 1 year lease on her apartment within the next few days. The apartment has 4 bedrooms and is shared by the Mother with 2 adults. The Mother also has primary physical custody of 1 of her other 2 children and that child also resides with her in the apartment. The Mother indicated that she would be agreeable to following the temporary custody schedule set forth in the attached order on an ongoing basis. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing on the issue of primary custody and providing temporary custody arrangements pending the Hearing. It is expected that the Hearing will require at least one-half day. 0JV ldtj flq2 Date Dawn S. Sunday, Esqui Custody Conciliator OCT 2 9 !999, > W 3 l y Oa a? vii , 9 w 44 H 7q ~ ? C i N CV! ro ? w ?N ? tal? ?? E w ? .13 a 2% aA 3 c p D g ? 0p ? Z 2 M ADAM W. BYRO IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA S. FINKEY 99-5700 CIVIL ACTION LAW DEFENDANT . IN CUSTODY AND NOW, this 1st day of June , 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 22nd day of June , 2000, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Dawn C_ Caadd y fsq.0 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 CO JUP! _ 2 Pro 2: 0 7 CUN,E.?r?iri\J CO PcNNSYLVATA M e 5(?4 00 -re). ADAM W. BYRO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY MELISSA S. FINKEY, Defendant NO. 99-5700 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND SANCTIONS UNDER 23 Pa.C.S. § 4346 And now, this 2nd day of May 2000, comes the Defendant/Petitioner, Melissa S. Finkey, by her attorneys, the Family Law Clinic, and makes the following Petition for Civil Contempt for Disobedience of a Custody Order against the Plaintiff/Respondent, Adam W. Byro under 23 Pa.C.S.§4346. Petitioner respectfully represents: 1. The petitioner is Melissa S. Finkey, an adult individual who resides at Safe Harbor, 102 West High Street, Carlisle, Pennsylvania 17013. 2. The respondent is Adam W. Byro, an adult individual whose last known address was 129 West Pomfret Street, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of Savannah Violet Byro, born August 27, 1999, age 8 months. 4. The parties are subject to a Custody Order entered by Judge Hess on January 27, 2000, a copy of which is attached to this petition. 5. Since early March 2000, the respondent, Adam W. Byro, has refused to deliver the child to the petitioner at the required times in accordance with paragraphs 2(a) and (b) of the Order. 6. Respondent, Adam W. Byro, has refused to allow the petitioner, Melissa S. Finkey, to babysit the child while respondent is at work in accordance with paragraph 4 of the Order. 7. Respondent, Adam W. Byro, refused to split the Easter holiday with petitioner, Melissa S. Finkey, in accordance with paragraph 5(d) of the Order. 8. The petitioner has a strong desire to maintain a relationship with her child and the respondent's refusal to comply with the Custody Order has interfered with the petitioner's ability to maintain this relationship. 9. The petitioner seeks enforcement of her custody rights to her child in strict compliance with the existing Custody Order. 10. The best interests of the child require that the court grant the petitioner's requests. 11. The petitioner's counsel has contacted Jacqueline Verney, respondent's counsel, seeking concurrence in the relief requested in this action. Ms. Verney did not respond to this request. WHEREFORE, Petitioner requests that this Honorable Court: a. hold the respondent, Adam W. Byro, in contempt of court for violating the Custody Order of January 27, 2000; b. require the respondent to make the child available to the petitioner for compensatory time to make up for the time she has lost; C. enter an Order against respondent requiring him to pay a fine of $500.00 as is set forth in 23 Pa.C.S. §4346 (a) (2); and d. such other relief as the court deems proper. Respectfully, Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Staff Attorney VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsificati n to authorities. Dater . Me issa S. Tinkey, Petitioq r ADAM W. BYRO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY MELISSA S. FINKEY, Defendant NO. 99-5700 CIVIL TERM CERTIFICATE OF SERVICE I, Cindy A. Sheridan, hereby certify that I am serving a true and correct copy of the petition for civil contempt for disobedience of custody order and sanctions under 23 Pa.C.S. § 4346 on Jacqueline M. Verney, Esq., 44 South Hanover Street, Carlisle, PA 17013 by first class United States mail. Date: ? ?(I (lU Midi -410A 1/f A?' Cindy hendan Certifi d egal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 ?f? ,, , u • - ?'. i? 5 . - ` '> i ,,. ?i r^ a ?:? .1 ADAM W. BYRD, . IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5700 CIVIL TERM MELISSA S. FINKEY, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AMID ROW, this 7'V day of qis- , 2000, upon consideration of the attached Custody Conciliation Reort, it is ordered and directed as follows: 1. The parties shall obtain the assistance of Children and Youth Services to visit the Mother's place of residence to evaluate and, if appropriate make recommendations, regarding the adequacy of the environment for the Child's safety. The parties shall obtain from Children and Youth Services a letter to counsel outlining the findings. The parties shall sign all necessary releases required by Children and Youth Services. 2. The parties shall cooperate in adjusting the partial custody schedule by agreement based on both parties' new work schedules. 3. After the evaluation by Children and Youth Services, but within 6 months of the date of this order, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference if necessary. V BY THE COURT, Kev A. Hess, J. cc: Jennifer Jones and Donald Marritz, Esquire - Counsel for Mother Jacqueline M. Verney, Esquire - Counsel for Father der.( - -\ P r-Ao A A?l OFF,"" ADAM W. BYRD, Plaintiff Vs. MELISSA S. FINKEY, Defendant PRICK JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCUNTY, PENNSYLVANIA NO. 99-5700 CIVIL TERM CIVIL ACTION - LAW 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BMH CURRENTLY IN CUSTODY OF Savannah Violet Byro August 27, 1999 Father 2. A Conciliation Conference was held on June 22, 2000, with the following individuals in attendance: The Father, Adam W. Byro, with his counsel, Jacqueline M. Verney, Esquire, and the Mother's counsel, Jennifer Jones, Legal Intern and Donald Marritz, Esquire. The Mother, Melissa S. Finkey, did not attend the Conference or participate by telephone. 3. The parties agreed (the Mother, through counsel) to entry of an Order in the form as attached. qua ? ?? Date Dawn LSSunday, Esqu:r Custody Conciliator W 41 N A* Me H a +W " a ? , g w o+ E d . JUN a ADAM W.BYRO, Plaintiff/Petitioner VS. MELISSA S. FINKEY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5700 CIVIL IN CUSTODY ORDER AND NOW, this following order: 21' day of January, 2000, after hearing, we enter the 1. The parties shall have shared legal custody of their minor daughter, Savannah Violet Byro, born August 27, 1999. This means that the parties shall jointly make, after discussion and consultation with each other, all major decisions affecting the child's growth and development including, but not limited to, choice of day-care provider, medical and dental treatment, and education (both secular and religious). 2. Father shall have primary physical custody of the child with mother having periods of partial physical custody as follows: a. When father is working the second shift (2:30 p.m. - 10:30 p.m.), mother shall have the child from Friday at 4:00 p.m. to Monday at 6:00 a.m., or as early as 6:00 a.m. if necessary to accommodate the work schedules of the parties and/or day-care, for two consecutive weekends. b. Mother has the option of six (6) additional days per month, with forty-eight (48) hours notice to the father, from 9:00 a.m. to the following 9:00 a.m., or as early as 6:00 13 tN tl?v a.m. if necessary to accommodate the work schedules of the parties and/or day-care. There shall not be more than six (6) consecutive overnights in any given month and the father shall have at least one full weekend (Friday evening through Monday morning) each month. c. The parties will attempt to spend one day a month together with the child, at a time arranged by the parties. d. Such other times as the parties agree. 3. Each parent will be permitted two (2) nonconsecutive weeks of vacation with their daughter throughout the year. The party desiring vacation will notify the other party at least thirty (30) days in advance in writing of their desire to use a vacation period. These periods shall not take preference over a holiday period. 4. The parties will contact each other and give the opportunity for additional time with the child when times arise during their scheduled periods of custody that a babysitter is needed for the child. The parties must agree on day-care services for the child. Father's father and stepmother are acceptable day-care providers. 5. Holidays: a. Thanksgiving. The parties agree to split the Thanksgiving holiday with one party having the child from 8:00 a.m. to 2:00 p.m. and the other party having the child from 2:00 p.m. to 8:00 p.m. b. Christmas. The Christmas holiday shall be broken into two segments. Segment A shall be from Christmas Eve at 8:00 a..m. until Christmas Day at 12:00 noon. Segment B shall be from Christmas Day at 12:00 noon until December 26 at 2:00 p.m. Father shall have Segment A in 2000 and all even years thereafter. Mother shall have Segment B in 2001 and all odd year thereafter. c. Unless otherwise agreed upon between the parties, for the New Year's holiday, father shall have physical custody of Savannah from 8:00 a.m. on New Year's Eve through New Year's Day at 12:00 noon. Mother shall have physical custody of Savannah from 12:00 noon New Year's Day until January 2"d at 2:00 p.m. d. The parties agree to split Easter Day, Memorial Day, July 4d', and Labor Day with one party having the child from 8:00 a.m. to 2:00 p.m. and the other party having the child from 2:00 p.m. to 8:00 p.m. e. Father shall have the child on Father's Day and mother shall have the child on Mother's Day. f. Each party shall have access to the child on the child's birthday for a minimum of four (4) hours. 6. Both parties shall refrain from making derogatory comments about the other party in the presence or hearing of the child and shall prevent third parties from making such comments in the presence or hearing of the child. 7. The parties shall share transportation, with the party receiving the child having the responsibility for picking up the child. The party receiving the child shall notify the other party in the event that they will be more than fifteen minutes late for pick-up. Mother shall notify father in advance of any cancellation of her custcdy period. 8. The father shall provide mother with his monthly work schedule as soon as it becomes available to him. 9. Each party is encouraged to maintain telephone contact with the other while Savannah is in the other's care and each shall cooperate with the other in permitting such contact. 10. Unless otherwise agreed upon between the parties, each party will be responsible for providing diapers, formula, clothing and all other necessary items to care for Savannah while Savannah is in that party's physical custody. 11. This court shall retain jurisdiction in this matter and father is not permitted to relocate to a location that would necessitate a change in this custody order without first petitioning this court. 12. Mother shall immediately obtain and fill out the appropriate documents for the issuance of a birth certificate for the child and submit the same to the appropriate state office. Mother shall provide a certified copy of said birth certificate to father. 13. The parties may modify this order by mutual consent. BY THE COURT, Jacqueline M. Verney, Esquire For the Plaintiff/Petitioner Family Law Clinic For the Defendant/Respondent Kev' A. Hess, J. / ,cofzual ?rrta?ed Am