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HomeMy WebLinkAbout99-07353V : No. qq - 7353 0--O? : CIVIL ACTION - LAW KARENA J. WINTERS, Defendant : CUSTODYNISITATION ORDER OF COURT AND NOW, this Aaday of P nnbe upon consideration of the attached com laint it is hereby cdirected that the parties and their respective counsel appear before L the conciliator, at ?Oa?i1 • on the day of Xl? a -C? . at -P-1 in., for a Pre Heanng 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: I IItP1 c tl • j0M LC 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4th FLOOR CARLISLE, PA 17013 (717) 240 - 6200 1 ' i i L Wo ®rn C4? / 1 s. ` ? ? 1 Previous Image Refilmed to' Correct kPi JAMES D. COOPER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V : No. 99• 1-1 3 C?- 7-,_ KARENA J. WINTERS, : IN CUSTODY Defendant COMPLAINT FOR CUSTODY AND NOW, comes James D. Cooper, by and through his attorney Stanley H. Mitchell, Esquire, who files the within Complaint for Custody against Defendant, to wit: 1. Plaintiff is James D. Cooper, "Father", who currently resides at 115 N. Queen St., York, Pennsylvania 17403. 2. Defendant is Karena J. Winters, "Mother", who currently resides at 212 Second St., West Fairview, Pennsylvania 17025. 3. Plaintiff seeks custody of the following child: Name Present Address Age James Ryan Cooper 212 Second St., 10 yrs West Fairview, PA The child was born out of wedlock. The child is currently in the custody of Karena J. Winters, who currently resides at 212 Second St., West Fairview, Pennsylvania. During the past five years, the child resided with the following person(s) and at the following addreses: Person(s) Addresses Dates Karena J. Winters 827 Richwine Rd. Jan. 1994 to and Grandmother Shermans Dale, PA Oct. 1994 Karena J. Winters Elliotsburg, PA Oct. 1994 to and Steve Camp, Paramour Oct. 1995 Karena J. Winters 159 Ashford Dr., Oct. 1995 to and "Chris", Paramour Enola, PA Nov. 1996 Karena J. Winters Marysville, PA Nov. 1996 to and Kenny Huss, Paramour Dec. 1997 Karena J. Winters Box 3, Newport, PA Jan. 1998 to and Kenny Shaffer, Paramour Jan. 1999 Karena J. Winters 212 Second St., Jan. 1999 to and Kenny Shaffer, Paramour West Fairview, PA Present The Mother of the child is Karena J. Winters, who currently resides at 212 Second St., West Fairview, Pennsylvania, 17025. She is single. The Father of the child is James D. Cooper, who currently resides at 115 N. Queen St., York, Pennsylvania 17403. He is single. 4. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following person(s): Name(s) Frank Shaffer Relationship Housemate 6. 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. The Court, Term and number, and its relationship to this action is Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. The Court, Term and number, and number and its relationship to this action is 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. The name and address of such person is 7. The best interests and permanent welfare of the child will be served by granting the relief requested because the child is currently being exposed to an unhealthy emotional lifestyle that is not in the child's best interest. The minor child has had to endure moving from one location to another within the past five years while being involved in an unstable environment in which Defendant has resided with different paramours. Such conduct does not bode well for a young boy. Indeed, the minor child has endured the most recent paramour threats to kill the Plaintiff in the minor child's presence. The minor child has watched as his mother has suffered physical as well as verbal abuse from her various paramours. The minor child has felt so desperate about the situation that he has approached Plaintiff as well as professional staff of the East Pennsboro School where the minor child attends. The minor child has vividly discussed beatings and verbal abuse in his home in which paramours Steve Camp, "Chris", Kenneth Huss and Keith Shaffer have threatened or have actually physically abused the Defendant. The Defendant has frequently "hidden" the minor child from the Plaintiff, or simply told the Plaintiff, a college educated professional and elementary school teacher, that he cannot see his son. The minor child desires to live with his father. The Plaintiff desires to provide the minor child with a healthy home life in which the minor child can prosper. sue. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Names Addresses Basis of Claim WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting custody of the child. Respectfully submitted, Stanley'R. Mitchell, Esquire P.O. Box 425 Harrisburg, Pennsylvania (717) 233 - 3339 Attorney for Plaintiff Pa. Bar I.D. No. 32093 Date: December 3, 1999 VERIFICATION d Plaintiff verifies that the statements made in this Complaint are true and correct. Plaintiff 1 understands that false statements herein are made subject to the penalties of 18 Pa.C.S. relating to unswom falsification to authorities. Date: December 3, 1999 ?• James D. Cooper k"! i } i i 1 N 7r ce• 4 1 C:j F' u? V ?M Sze \V JAMES D. COOPER, ) IN T-HE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 99-7353 CIVIL TERM KARENA J. WINTERS, ) Defendant ) CIVIL ACTION - LAW CUSTODY/VISITATION u ORDER AND NOW, this 1 '1 day of , 2000, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Interim Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1. The parties agree to submit themselves and their minor child, James Ryan Cooper, and anyone else deemed appropriate to a custody evaluation to be performed by Guidance Associates. Both parties agree that they will cooperate in getting the evaluation scheduled and completed. Both parties agree that they shall attend all sessions as recommended by the custody evaluator. Father is to be responsible for payment of all costs associated with this independent evaluation. Father reserves the right to make a claim with the Court for an appropriate pro-rata sharing of the costs if the Court deems it to be appropriate for Mother to share in the cost of this evaluation. The evaluator will provide a report to both parties and their counsel when completed. 2. Pending completion of the evaluation, the parties shall operate under the following order: A. The parties shall share legal custody of their minor child, James Ryan Cooper, d.o.b. August 13, 1989. B. Mother has primary physical custody of the child subject to periods of partial custody and visitation with Father as follows: 1. On alternating weekends from Friday after work to Monday morning, at which time he shall deliver the child back to school. This alternating weekend shall commence on February 25, 2000; and 2. On mother's alternating weekends from Sunday at noon until Monday morning, at which time he shall drop the child off at school. 3. Should this evaluation not be completed by the summer, Father shall be entitled to the first two (2) weeks of June, the first two (2) weeks of July, and the first two (2) weeks of August. 4. The parties agree that they shall not malign each other in the presence of the child and agree that they shall f ii i. 'i make no disparaging remarks about each other in the presence of the child. 5. The parties agree that they shall not discuss these custodial issues or any support or other issues related to the child in the child's presence or with the child. 6. The parties further agree that they should provide each other with unlimited phone privileges when the child is in their custodial care. 7. If either party intends to go out of town, they shall advise each other of the place that they intend to visit along with the phone number in case of emergencies. 8. Such other times as the parties may agree. 9. The parties shall reconvene for another custody conciliation before Michael L. Bangs, Esquire, on 2000, at '"CO A. in. BY THE COURT Stanley H. Mitchell, Esquire Attorney for Plaintiff Mary Etter Dissinger, Esquire Attorney for Defendant mlb J. ?? C Fif PD-Di'Fr-E 00V"o 15 All 8:36 ?CUMB' n?.VJ COuMY F6?!PJSYL1;u`J!rl JAMES D. COOPER, Plaintiff VS. KARENA J. WINTERS, Defendant IN T-HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7353 CIVIL TERM 1 CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: None. (MSTODY CMILIATION _CONFERENCE SLQnny Epg IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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 SIRTHDATP CURRENTLY IN F =101--a James Ryan Cooper August 13, 1969 Plaintiff 2. A Conciliation Conference was held on February 24, 2000, and the following individuals were present: the Plaintiff and his attorney, Stanley H. Mitchell, Esquire; the Defendant appeared with her attorney, Mary Etter Dissinger, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested. 8. Need for independent psychological evaluation or counseling: The parties agree to submit themselves and their minor child, James Ryan Cooper, and anyone else deemed appropriate to a custody evaluation to be performed by Guidance Associates. Both parties agree that they will cooperate in getting the evaluation scheduled and completed. Both parties agree that they shall attend all sessions as recommended by the custody evaluator. Father is to be responsible for payment of all costs associated with this independent evaluation. Father reserves the right to make a claim with the Court for an appropriate pro-rata sharing of the costs if the Court deems it to be appropriate for Mother to share in the cost of this evaluation. The evaluator will provide a report to both parties and their counsel when completed. Date: March 2000 Mich el L. Bangs Custody Conciliator JAMES D. COOPER, Plaintiff ) VS. ) KARENA J. WINTERS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7353 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this day of 2000, upon receipt of the Conciliator's Report, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor child, James Ryan Cooper, d.o.b. August 13, 1989. 2. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Friday after work until Monday morning at which time he shall deliver the child to school. B. On Mother's alternating weekends from Sunday at 12:00 noon until Monday morning at which time he shall deliver the child to school. C. During the summer months, he shall be entitled to the first two weeks of June, the first two weeks of July, and the first two weeks of August. D. Father shall have the'rhanksgiving holiday every year. These periods of partial custody shall commence at 6:00 p.m. on the evening _..._ .,_ - r.A_.. prior to the holiday and shall end when Father returns the child to school on the day after the holiday ends. 3. Mother shall have the child every Christmas Eve until Christmas Day evening at 8:00 p.m. The parties shall evenly share the remainder of the days of the child's Christmas holiday from school such that Father shall have the first half of the Christmas holiday and Mother shall have the second half. If it appears that there are an odd number of Christmas holiday days remaining, the parties shall alternate that extra day each year. 4. The parties shall alternate the following holidays: Labor Day, Easter, and Memorial Day. These periods of partial custody shall be from 6:00 p.m. the evening before the holiday until 8:00 p.m. on the day of the holiday. Father shall have Labor Day in 2000 and the schedule shall alternate thereafter. 5. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day. These periods of partial custody shall be from 6:00 p.m. on the evening before the holiday and end at 8:00 p.m. on the day of the holiday. 6. Both parties shall be entitled to a period of time with the child within two days of his birthday for three hours. The party who is requesting this time shall indicate to the other party what day lie or she intends to exercise this period of time to celebrate the child's birthday. In the summer of 2000, Mother shall have the child for three hours on August 15"i. f? 7. The parties agree that they shall not malign each other in the presence of the child and agree that they shall make no disparaging remarks about the other in the presence of the child. The parties agree that they shall not discuss these custodial issues or any support or other issues related to the child in the child's presence or with the child. The parties specifically understand that any changes to this agreement should be discussed and agreed upon between the parties only and should not be discussed with the minor child first. 8. The parties further agree that they should provide each other with unlimited telephone privileges when the child is in their custodial care. 9. If either party intends to go out of town, they shall advise each of the place they intend to visit along with a telephone number in case of emergency. 10. Such other times as the parties may BY TJ-1E COURT, EDGAR B. BA Stanley H. Mitchell, Esquire Mary Etter Dissinger, Esquire mlb ?Q?l,td 9-zs-av R?s P? 1,NSYLVP:d!A JAMES D. COOPER, Plaintiff VS. KARENA J. WINTERS, Defendant JUDGE PREVIOUSLY ASSIGNED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7353 CIVIL TERM CIVIL ACTION-LAW The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF James Ryan Cooper August 13, 1989 Plaintiff 2. A Conciliation Conference was held on June 29, 2000, and the following individuals were present: the Plaintiff and his attorney, Stanley H. Mitchell, Esquire; the Defendant and her attorney, Mary Etter Dissinger, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: An ultimate custody schedule. 5. The Plaintiffs position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need far independent psychological evaluation or counseling: None requested. 9. Other matters or comments: The parties reconvened for another conciliation. Originally, Father had made some significant allegations concerning Mother's fitness and requested an evaluation be performed. Father, however, never completed the evaluation. The parties appeared at a conciliation and with some effort, the Conciliator was able to firm up the existing schedule. Clearly, the parties have a great deal of problems communicating and much of it is attributable to the Father's attitude. Father apparently feels it appropriate to discuss these matters with his son and demonstrated his disrespect for the Mother. Father denies, however, violating any of the terms of the Order and indicates simply that the son wants to spend more time with him. Mother indicates that Father has, since she requested support, done everything to undermine her authority with the son. She also indicates that the Father has set up scheduled activities with the son without her agreement and puts her in the position of having to either say yes and go along with it or put her in conflict with her son. From the Conciliator's perspective, Father simply does not understand that he needs to have communication with the Mother regardless of his personal feelings about her. He cannot make plans on his own and he needs to discuss the plans with her first. The Conciliator is not optimistic that the Father will change and suspects that there will be on-going problems unless Father understands his proper role in this matter. Date: September 25, 2000 ?? Michael L. Bangs Custody Conciliator I JAMES D. COOPER IN Ti m. COURT OF COMMON PLEAS OF PLAINTIFF CUMI3ERLAND COUNTY, PENNSYLVANIA V. 99-7353 CIVIL ACTION LAW KARENA J. WINTERS IN CUSTODY DEFENDANT ORDER OF COURT Thursday, June 03, 2004 upon consideration of the attached Complaint, AND NOW, Melissa p Greevy Esq. the conciliator, it is hereby directed that parties and their respective counsel appear ednesdayLjuly 07,2004 Ju at 1:00 PM at 301 Market Street, Lemo ne, PA 17043 on or a Prc-Hearing Custody Confere nce. At such conference, an effort will be made to resolve the issues in dispute; or the court, f this cannot be accomplished, to define and narrow the issues to be heard by and to enter into a temporary the conference. Failure to appear at the conference may order. All children age five or older may also be present e order. permanent provide grounds for entry of a temporary 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 (tearing. FOR THE COURT. Fso mhc Ey; Isl Melissa P r 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 availab to All arrangements must be made satleast 72 hours prior having to ny business hearing for 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 WHERCYOU erland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I • 1 \' Y MAY 2 4 200K JAMES D. COOPER, Plaintiff, VS. KARENA J. WINTERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7353 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this _ day of , 2004, upon consideration of the attached Petition, it is hereby directed that the above parties and their respective counsel appear before - Esquire, the conciliator, at Pennsylvania on the day of , 2004 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. Either party may bring the child who is the subject of this custody action to the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of Order: By: Custody Conciliator 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 1-800-990-9108 P, JAMES D. COOPER, Plaintiff, VS. KARENA J. WINTERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7353 CIVIL TERM CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY ORDER The Petition to Modify Custody Order of James D. Cooper, by and through his counsel, Van Eck & Van Eck, P.C. for Custody of James R. Cooper is as follows: Petitioner is James D. Cooper. ("Petitioner") who currently resides at 725 South 2151 Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Respondent is Karena J. Winters ("Respondent") whose current address is 212 Second Street, Enola, Cumberland County, Pennsylvania 17025. 3. The child who is the subject of this proceeding is James R. Cooper, age fourteen (14) years, born to the Petitioner and Respondent on August 13, 1989. 4. On September 28, 2000, an Order was entered granting custody as follows: a. Parties having shared legal custody; b. Primary physical custody with Respondent; C. Partial physical custody with Petitioner. A true and correct copy of this Order is attached hereto and incorporated herein as Exhibit "A". 5. On or about February 14, 2004, Respondent called Petitioner to go retrieve their minor child from the Mini Market in West Fairview as the child had run away from home. 6. Petitioner retrieved the minor child. The minor child remained in Petitioner's care until Petitioner received a call from Respondent threatening to file kidnapping charges if the minor child was not returned by March 15, 2004. 7. On or about March 14, 2004, Petitioner returned the minor child to Respondent pursuant to her requests. 8. On or about March 14, 2004, the minor child proceeded to run away from Respondent's home again. The minor child was gone for two (2) days. 9. On or about March 16, 2004, the minor child was returned home by the police department. While in the presence of the police, Respondent indicated that the minor child should reside with Petitioner. 10. The minor child has been residing with Petitioner since March 16, 2004. 11. Petitioner requests an Order modifying custody of the minor child such that Petitioner has primary physical custody and Respondent has partial physical custody. WHEREFORE, James D. Cooper, respectfully requests this Honorable Court to grant him custody of the child, James R. Cooper, to Petitioner with Respondent having partial physical custody pending the regular Custody Conciliation procedure and such other Orders as are deemed just and proper. Respectfully submitted, Date: 5-a()-w VAN ECK & VAN ECK, P.C. Ak?z (V\h La Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7800 A Allentown Blvd. Suite B. Harrisburg, PA 17112 (717)540-5406 V-- VERIFICATION 1, James D. Cooper, verify that the statements made in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are mad subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date:S' l-? '°s Ja es D. Cooper 'f 1 CJ ;. r y O . ?Lll //may O \ SIN N JAMES D. COOPER, JUr2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KARENA J. WINTERS, Defendant NO. 99-7353 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BAYLEY, J. -- TEMPORARYORDER OF COURT AND NOW, this 'v day of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custody. The Father, James D. Cooper, and the Mother, Karena J. Winters, shall have shared legal custody of the minor child, James R. Cooper, born August 13, 1989. 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 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have temporary primary physical custody of the minor child subject to Mother's rights of liberal partial custody which shall be arranged by mutual agreement of the parties. 3. Father shall arrange for the child to participate in therapeutic family counseling with the initial goal of addressing the estrangement that exists in the relationship between Ryan and Mother. Either or both parents shall participate as the therapist determines is clinically appropriate for Ryan. 4. The parties shall not malign each other in the presence of the child and shall make no disparaging remarks about the other in the presence of the child. The parties shall not discuss custodial issues or child support or any other issues related to the child in the child's presence or with the child. The parties have been instructed that any changes to this Order shall be discussed and agreed upon as parental decisions and should not first *- V NO. 99-7353 CIVIL TERM be discussed with the child. However. Father shall inform the child of the upcoming family counseling and require his attendance so that he may participate therein. BY THE COURT: Edgar B. Bayley, J. Dist: Melissa L. Van Eck, Esquire, 7800-A Allentown Blvd., Suite B, Harrisburg, PA 17112 7, j -p y Karena J. Winters, 212 Second Street, Enola, PA 17025° JUL 1 0 2004 JAMES D. COOPER, Plaintiff V. KARENA J. WINTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7353 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 BIRTH CURRENTLY IN THE CUSTODY OF James R. Cooper August 13, 1989 Father 2. A Custody Conciliation Conference was held on July 7, 2004 following Father's filing of a Petition to Modify Custody which he filed on May 21, 2004. Present for the conference were: the Father, James D. Cooper, and his counsel, Melissa L. Van Eck, Esquire; the Mother, Karena J. Winters, appeared pro se. 3. The parties agreed to an Order which confirmed the status quo and provides for therapeutic family counseling for Mother and child to address the estrangement in their relationship. It is hoped that through the counseling that the child will cooperate with a schedule of partial custody to which the parents agree. The parties have agreed to return to Custody Conciliation in mid-October 2004 to allow them an opportunity to review the status of their therapeutic progress. 7-fib Date C.? Melissa Peel Greevy, Esquire Custody Conciliator :231891 i I';llai'l.; 2,304 JUL 13 Put r: 36 u^ ?q. NOV 1 9 2004 JAMES D. COOPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7353 CIVIL TERM V. KARENA J. WINTERS, Defendant IN CUSTODY BAYLEY, J. --- TEMPORARY ORDER OF COURT AND NOW, this Z ?day of November, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of July 13, 2004 is VACATED and replaced with the following Order. 2. Legal Custody. The Father, James D. Cooper, and the Mother, Karena J. Winters, shall have shared legal custody of the minor child, James R. Cooper, born August 13, 1989. 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 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Mother shall have temporary primary physical custody of the minor child subject to Father's rights of liberal partial custody which shall be arranged by mutual agreement of the parties. 4. The parties shall not malign each other in the presence of the child and shall make no disparaging remarks about the other in the presence of the child. The parties shall not discuss custodial issues or child support or any othe sues re7d to the child in the child's presence or with the child. BY THE Dist: Melissa L. Van Eck, Esquire, 7800-A Allentown Blvd., Suite B. Harrisburg, PA 17112 Karena J. Winters, 212 Second Street, Enola, PA 17025 / Ott CIVIL ACTION - LAW of f^`??''Jff^v: OF THE P 11uU??Gurt 200aNOV 23 All 8: 30 NOV 1 5 2004 JAMES D. COOPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7353 CIVIL TERM V. KARENA J. WINTERS, Defendant 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 BIRTH CURRENTLY IN THE CUSTODY OF James R. Cooper August 13, 1989 Mother 2. A Custody Conciliation Conference was held on November 10, 2004 as planned at the Conference held on July 7, 2004. Present for the conference were: the Mother, Karena J. Winters, appeared pro se. Father did not attend. His counsel faxed a letter to the Conciliator notifying her that she had been instructed not to appear for the Conciliation. Counsel attempted to contact her client to confirm whether he would be attending but had not received a response. Father did not appear at the time of the Conference. 3. Mother's position on custody is as follows: Mother reports that she and the child went to a counselor for one session and that sometime in the beginning of August, the child returned to live primarily with her. Since then, he has seen his Father only twice. She reports that Father told the child to call whenever he wanted to come over. Accordingly, the Conciliator recommends the attached Order confirming primary custody having been returned to Mother. Because Father failed to appear at the Custody Conciliation Conference, no schedule was set forth for his periods of partial custody. It will be his obligation to work those details out with Mother. r9 Date Melissa Peel Greevy, Esquire Custody Conciliator :239089 < . 1