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HomeMy WebLinkAbout99-07618?? ?9c( S LaJIc,C ` : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA V. Cif ?\ iZ? : CIVIL ACTION LAW Defendant : 6?16 CIVIL 19R9 CUSTODY VISITATION ORDEROFCOURT And now, this 22) ' upon consideration of the attached complaint it is CrebYc that the above parties and th?i respecti k ;e c- CzL app farfbt rr,it Esquire, the conciliator, at ,--)-i w 2000, at Q' s P.M., Pennsylvania, on the day of for a Pre-hearing Custody Conference. At such conf rence, 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 the the court, and to enter temporary conference. Failure to appear at he conference may provide grounds ford the entry of asent at temporary or permanent order. FOR THE COURT: By; 1?d \Im(?L?t I Custody Conciliator 'G i a ) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT SET ORTH BELOW TO FIND OUT WHERE YOU CAN GET TELEPHONE LEGAL HELP. HE OFFICE THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 / ' S •l'D ?7'r?¢ ixQ?K;f ? ?? O .rte C Utu 2 3 199$0 GINGER DES LAURIER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 7? JOHN CHARLES DARCY, III, : CIVIL ACTION -AT LAW Defendant : CUSTODY ORDER OF COURT You, John Charles Darcy, III, Defendant in the above-captioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following children: You are ordered to appear in person at on at - -.M-, for a conciliation or mediation conference. _ a pretrial conference. _ a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NTHE NOT HAVE A LAWYER OR CANNOT AFFORD ONE, OFFICE SET ORTH BELOW TO FIND OUT WHERE YOU O CAN TO OR ET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY THE COURT: Date: J. z ?1ti;Y GINGER DES LAURIER, Plaintiff vs. JOHN CHARLES DARCY, III, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW CUSTODY AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: GINGER DES LAURIER, Plaintiff VS. JOHN CHARLES DARCY, III, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 97- 'JG /F Ccw? P 7u- CIVIL ACTION -AT LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, the Plaintiff, Ginger Des Laurier, by and through her attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Ginger Des Laurier, is an adult individual who currently resides at 6 Plainview Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, John Charles Darcy, III, is an adult individual who is currently incarcerated in the State Correctional Institution at Greensburg, RD 10, Box 10, Greensburg, Pennsylvania 15601. 3. The parties have one dependent child, namely Alexandria Darcy (DOB 1/17/99). 4. The Plaintiff seeks primary of the following child: Name Present Residence Agee Alexandria Darcy 6 Plainview 11 months Camp Hill, PA 17011 (DOB 1/17199) The child, Alexandria Darcy is presently in the custody of her mother, Ginger Des Laurier, who resides at 6 Plainview, Camp Hill, Cumberland County, PA. Since birth, the child resided with the following persons and at the following addresses: Name Address Dates Ginger Des Laurier (mother) Megan Knaub (step-sister) 310 S. Market Mechanicsburg, PA 17055 Ginger Des Laurier (mother) 6 Plainview Barbara Darcy (paternal grandma) Camp Hill, PA 17011 birth4/1/99 4/1/99-present The mother of the child is Ginger Des Laurier, Plaintiff, currently residing at 6 Plainview, Camp Hill, Cumberland County, Pennsylvania, 17011. The father of the child is John Charles Darcy, Defendant, currently residing at SCI at Greensburg, RD 10, Box 10, Greensburg, PA 15601. Plaintiff is not married to Defendant and the child was born out of wedlock. 5. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Alexandria Darcy (the subject child), and Barbara Darcy (mother of defendant). The relationship of the Defendant to the child is that of natural father. Father currently resides at SCI at Greensburg, RD 10, Box 10, Greensburg, PA 15601. 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. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights ? ?y? with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child and has been her sole caretaker since birth. (b) Plaintiff has established a relationship with the children. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can at this time only be provided by her natural mother. (e) The child would benefit from continued custody with her natural mother. (f) The father is presently incarcerated in a state correctional institution and cannot provide for the child's needs. (g) The father has prior convictions of assault and corruption of minors and should at the most be permitted limited supervisory visitation with the child following his release from prison. 9. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting to her primary physical and legal custody of her child. Respectfully submitted, Jean B. Costopoulos, Esquire ATT RNEY FOR PLAINTIFF 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct. ID No. 68735 ,..:• GINGER DES LAURIER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. JOHN CHARLES DARCY, III, : CIVIL ACTION - AT LAW Defendant : CUSTODY V ME&ATION I, Ginger Des Laurier, hereby verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 102 -14 -cl G Signature GING R DES LAU R ?l" nn / GINGER DES LAURIER, Plaintiff VS. JOHN CHARLES DARCY, III Defendant . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7618 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND Now, this / T "' day of FA-11` 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Ginger Des Laurier, shall have primary phynical and legal custody of Alexandria Darcy, born January 17, 1999. 2. The Father, John Charles Darcy, III, shall have supervised visitation with the Child upon his release from incarceration as agreed and arranged between the parties. 3. In the event the parties are not able to reach an agreement as to custody arrangements upon the Father's release from incarceration, the Father may file a Petition with this Court. BY THE RK3 cc: Jeanne' B. Costopoulos, Esquire - Counsel for Mother John Charles Darcy, III - Father . ?. .. .: ?.I ".^? r. -... ? .. ? ''. ?. ??. ?i •, ? - r ? -?- . .'_ .. --- GINGER DES LAURIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7618 CIVIL TERM JOHN CHARLES DARCY, III CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAND DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Darcy January 17, 1999 Mother 2. A Conciliation Conference was held on February 10, 2000, with the following individuals in attendance: The Mother, Ginger Des Laurier, with her counsel, Jeanne' B. Costopoulos, Esquire. The Father, John Charles Darcy, III, is currently incarcerated in the Greensburg State Correctional Institution and was not able to attend the Conference. The Father contacted the Conciliator to request a continuance until his release in August and was advised that he could participate in the Conference by telephone. The Father did not contact the Conciliator's office at the time of the Conference. 3. The Mother filed this Petition for primary physical custody of the parties' 1 year old daughter who currently resides with the Mother and the paternal grandmother. The Mother indicated that the Father is serving a 1 to 5 year sentence with August 2000 being the earliest date for release. 4. Based upon the fact that the Father is unavailable to exercise any rights he might have to custody at this time due to his incarceration, and the representations made by the Mother at the Conference, the Conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator GINGER DES LAURIER IN TILE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN CHARLES DARCY, III DEFENDANT 99-7618 CIVIL ACTION LAW . IN CUSTODY AND NOW, this 4th day of December , 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 21st day of December, 2000 , at 3:00 p.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: lsl Dawn S nndav 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 11-1- - P 0? [;EC - ? P11 3? '? 44 /a • yvo ?? ?? ? "v? GINGER DES LAURIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-7618 CIVIL TERM JOHN CHARLES DARCY, III, Defendant/Petitioner : CIVIL ACTION - AT LAW CUSTODY ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, on the day of Custody Conciliator, at 2000, at o'clock _.m., for a Prehearing 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: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO i HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 cc: Jeanne Costopolus, Esquire Lisa Marie Coyne, Esquire Custody Conciliator GINGER DES LAURIER, Plaintiff/Respondent vs. JOHN CHARLES DARCY, III, Defend ant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7618 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Defendant/Petitioner, JOHN CHARLES DARCY, III, by and through his counsel, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., and files this Petition for Modification of Existing Custody Order, and in support thereof, avers as follows: 1. JOHN CHARLES DARCY, III, Petitioner/Defendant, currently resides at, 6 Plainview Road, Camp Hill, Cumberland County, Pennsylvania. 2. GINGER DES LAURIER, Plaintiff/Respondent, currently resides at 925A. Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. The parties are the parents of one minor child; Alexandria Darcy, bom January 17, 1999. 4. On February 14, 2000, the Honorable Edward E. Guido entered an Order of Court regarding custody of the said child. A copy of said order is attached hereto, made a part hereof and is marked as Exhibit "A". At the time of the entry of the said custody order, the Petitioner was incarcerated for m the Pennsylvania State Penitentiary System coneeming his guilty plea and charge of Insurance Fraud and Theft by Unlawful Taking. 6. The Defendant was released from incarceration and paroled on July 12, 2000. 7. Since July 12, 2000, the Defendant has attempted to have regular contact and visitation with his daughter; however, the Plaintiff/Mother has refused to coordinate such regular visitation and contact with the father which is against the best interests of his minor daughter. 8. It is in the minor child's best interest to develop a loving and nurturing relationship with both parents. WHEREFORE, Defendant/Petitioner respectfully requests that this Honorable Court modify the order of February 14, 2000, so as to arrange a specific visitation schedule given the Petitioner's full-time availability for visitation and to establish a specific visitation schedule which will foster and develop a healthy parent-child relationship between the Defendant/Petitioner and his minor daughter. Respectfully submitted, Dated: a 41 ov oV crv COYNE & COYNE, P.C. LI A MARIE COYNE, SQUIRE 3901 Market Stree[ Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Defendant/Petitioner GINGER DES LAURIER, Plaintiff VS. JOHN CHARLES DARCY, III Defendant consideration ?, this --?-` day of and directed as the attached Custody Conciliatio ' POOP, upon follows: Report, it is ordered 1- The Mother, Ginger Des Laurier, shall have primary physical legal custody of Alexandria Darcy, born January 17, 1999. and P- The Father, John visitation with Charles Darcy, I II, the Child upon his release shall have arranged between the supervised Parties. from incarceration as agreed and 3. In the event the Parties are not able to reach an to Father ?y yfang file a anth Petition 0p with the this Father agreement 's release from incarceration, Court. the : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA N0. 99_7618 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF BY TBE COURT, I cc. Jeanne' B. Charles Darcy s Darcy, ulos, Esquire - Counsel -for Mother III - Father Ir, iatimon ::h•.: E, r: ur.r .t my hang and the seal of said a C rlisle, Pa. Thi l 16/ r P othonotary- ,A// y The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A.. § 4904. Dated: it- 2 " i /iG??/?'-• ? ,OW C. Darcy III CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the Petition for Modification of Custody Order was served this date upon the below-referenced individuals at the below listed address by way of First class mail, postage prepaid: Jeanne b. Costopoulos, Esquire Costopoulos & Welch 1400 Second Street Harrisburg, PA 17102 COYNE & COYNE, P.C. Dated: 2 9 N W .P.' 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Y _ wIC7 (7 4y cli U yJJ r , Z ti - 7 ? C GINGER DES LAURIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-7618 CIVIL TERM JOHN CHARLES DARCY, III, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND Now, this 0'0 day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated February 14, 2000 is vacated and replaced with this Order. 2. The Mother, Ginger Des Laurier, and the Father, John Charles Darcy, III, shall have shared legal custody of Alexandria Darcy, born January 17, 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 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. The Mother shall have primary physical custody of the Child. 4. The Father shall have periods of supervised visitation with the Child every Sunday from 1:30 p.m. until 3:30 p.m., unless otherwise agreed between the parties. Also unless otherwise agreed between the parties, the periods of visitation shall take place at the paternal grandmother's residence with the Mother present. Notwithstanding the foregoing, the first period of weekly custody shall take place on Christmas Day from 4:00 p.m. until 6:00 p.m. The parties acknowledge that the visitation schedule set forth in this provision establishes a minimum amount of contact for the Father with the Child. The parties may arrange additional time during the week or otherwise for the Father to have periods of custody. 5. The parties and counsel shall attend a second Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on March 6, 2001, at 9:30 a.m., if necessary to review and adjust the custody arrangements. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT Edward E. Guidon J• cc: Diane Radcliff, Esquire - Counsel for Mother Lisa M. Coyne, Esquire - Counsel for Father ?`? 1' ?? ?/? r? - r r ?( r\ Iti • °? ??.? GINGER DES LAURIER, Plaintiff VS. JOHN CHARLES DARCY, III, Defendant PRIOR JUDGE: Edward E. Guido : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7618 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY OU CILIATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Darcy January 17, 1999 Mother 2. A Conciliation Conference was held on December 19, 2000, with the following individuals in attendance: The Mother, Ginger Des Laurier, with her counsel, Diane Radcliff, Esquire, and the Father, John Charles Darcy, III, with his counsel, Lisa M. Coyne, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?ovti.lae? !9 a-o oa LOra?".._ ? 1? •,?.?z?_ Date Dawn S. Sunday, Esquire Custody Conciliator GINGER DES LAURIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7618 CIVIL TERM JOHN CHARLES DARCY, III, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13 day of ?" A?s? , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated December 28, 2000 is vacated and replaced with this order. 2. The Mother, Ginger Des Laurier, and the Father, John Charles Darcy, III, shall have shared legal custody of Alexandria Darcy, born January 17, 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 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. The mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. During March 2001 through April 1, 2001, the Father shall have custody of the child every Sunday from 9:00 a.m. until 3:00 p.m. and every week on a weekday for up to six hours, with the specific dates and times to be arranged by agreement of the parties. B. On the weekends of April 14-15, 2001 and April 28-29, 2001, on both Saturday and Sunday from 9:00 a.m. until 5:00 p.m., and also every week during April on a weekday for up to eight hours, with the specific dates and times to be arranged by agreement of the parties. C. On the weekends of May 12-13, 2001 and May 26-27, 2001, from Saturday at 9:00 a.m. through Sunday at 6:00 p.m., and every week during May on a weekday for up to 8 hours, with the Specific dates and times to be arranged by agreement of the parties. D. Beginning on the weekend of June 8-10, 2001, and continuing thereafter, on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m., and every week on a weekday for up to 8 hours, with the specific dates and times to be arranged by agreement of the parties. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 6:00 p.m. through Christmas Day at 3:00 p.m. and the Father shall have custody from Christmas Day at 3:00 p.m. through December 26 at 6:00 p.m. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the Child from 9:00 a.m. until 6:00 p.m. on Easter, July 4th and Thanksgiving, and the Mother shall have custody of the Child from 9:00 a.m. until 6:00 p.m. on Memorial Day and Labor Day. In even numbered years, the Mother shall have custody of the Child from 9:00 a.m. until 6:00 p.m. on Easter, July 4th and Thanksgiving, and the Father shall have custody from 9:00 a.m. until 6:00 p.m. on Memorial Day and Labor Day. C. MOTHER'S DAY/FACE 'S DAY: The Mother shall have custody of the Child every year from 9:00 a.m. until 6:00 p.m. on Mother's Day and the Father shall have custody of the Child every year from 9:00 a.m. until 6:00 p.m. on Father's Day. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. 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 CCOR Edward E. Guido, J• cc: Diane Radcliff, Esquire - Counsel for Mother Lisa M. Coyne, Esquire - Counsel for Father 01 I;rR { 3 Ph 2: 20 cumunr?uevu LOUVIY PEIN\SYLV/\N A G" Ja GINGER DES LAURIER, Plaintiff Vs. JOHN CHARLES DARCY, III, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF OCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7618 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 CUSIUDY OF Alexandria Darcy January 17, 1999 Mother 2. A Conciliation Conference was held on March 6, 2001, with the following individuals in attendance: The Mother, Ginger Des Laurier, with her counsel, Diane Radcliff, Esquire, and the Father, John Charles Darcy, III, with his counsel, Lisa M. Coyne, Esquire. 3. The parties agreed to entry of an order in the form as attached. ?? 0.t c,/ - -7 aco i ?? Date Dawn S. Sunday, Esquire Custody Conciliator GINGER ZEBEL, : IN THE COURT OF COMMON PLEAS (f/k/a GINGER DES LAURIER) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. 99-7618 JOHN CHARLES DARCY, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO AMEND CAPTION TO THE PROTHONOTARY OF SAID COURT: Please amend the caption in the above-referenced action to now read the Plaintiff's name as Ginger Zebel (f/k/a Ginger Des Laurier). Respectfully Laurie A'494*givlei? Esgy&? \ Attorney I.D. 6M82 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 , GINGER ZEBEL, (f/k/a GINGER DES LAURIER) Plaintiff V. JOHN CHARLES DARCY, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-7618 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this day of February, 2008, that a copy of the foregoing Praecipe to Amend Caption was mailed, first-class, postage prepaid to: John Charles Darcy, III Inmate #HH6398 SCI at Camp Hill 2500 Lisburn Road P.O. Box 200 Camp Hill, P, 17001-020P Laurie A. Naltzgi Attorney for Plaii 4' MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 ??r ?:=' - - ?? -?n r i % ,,? ??..- ? ?1? w?? M . ? (, N, ?? ? ?,p ?j 1..W GINGER ZEBEL, : IN THE COURT OF COMMON PLEAS (formerly GINGER DES LAURIER) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. 99-7618 JOHN CHARLES DARCY, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Plaintiff, Ginger Zebel, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Petition for Modification of Custody and in support thereof avers as follows: 1. Petitioner is Ginger Zebel, (formerly Ginger Des Laurier), an adult individual residing at 7224 Royal Oak Drive, Harrisburg, Pennsylvania 17112. 2. Respondent is John Darcy, IJI, an adult individual currently incarcerated at SCI Camp Hill Prison, Camp Hill, Pennsylvania. 3. The parties are the parents of one minor child, namely Alexandria Shiann Darcy born on January 17, 1999. 4. The current Order regarding custody of Alexandria is the Order of Court of March 13, 2001. (See Exhibit "A") 5. Respondent was incarcerated at SCI Camp Hill Prison on December 6, 2007 where he is currently serving a sentence of 2 to 4 years for burglary. 6. Petitioner brings this Petition for Modification requesting that she be awarded sole legal and sole physical custody of Alexandria. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 7. Pursuant to the Court Order of February 14, 2000, Petitioner had sole legal custody and physical custody of Alexandria during one of Respondent's prior periods of incarceration. (See Exhibit "B") 8. Petitioner requests sole legal and physical custody of the child due to the Respondent's current incarceration at SCI Camp Hill. Respondent has been incarcerated on prior occasions and his criminal history dates back to 1987. 9. Petitioner requests sole legal custody of the child as the Respondent is presently incarcerated and unavailable for consultation. Sole legal custody will enable Petitioner to obtain any necessary therapeutic and medical care for the child, as well as will permit her to travel and obtain a passport for the child and perform any other duties that a legal custodian must fulfill. WHEREFORE, in light of all of the above, Petitioner, Ginger Zebel, (formerly Ginger Des Laurier), hereby requests sole legal and physical custody of the child, Alexandria Shiann Darcy. Respectfully submitted, Attorney I.D. 61382 P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Petitioner/Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street GINGER DES LA"RJElaintiff vs. , III, J0W ALES 1 ceie Wt PLEAS p yy vp?NIA THE b=vy, CV,IL Teo 994618 140- AMU" -LAW • CV1L 24 2001., u t is oe go, any of ;,,av0c-n ' PIP the ?"?Custody 28 2000 is Cc tl* attar : cons as h' :. art dates this ocder 1 Ste >r or. the Father, b=n vi, and ed Lam of Alexerts Vacated arm ;equ? , ;G DOS onst Y right, to depasions The .?Cea ;1eg8l have an eqwa org ericy ed to, all have Darcy IIZ, Alai' Each ?otr to ? tx33?J, t to amend wrown 1?' 1999- other . fin X11, being an, i U0 to all ?ool intly ?ld'a cj 11th, ca toll be l ,ted to, t has the to 01tht riot r?d?g each ;,,ild ificl ? but ext?t CM be bar ding ?a the in ??sia- this ?to the T° + that et w1.tt? tee ti perms Wing ..info' of 1'the !der of reason 'an c0VU infc=s ? ice c?Pies , ??,tion a reds Snd the same ssiacto t sbat* r' 'e the of the ??iZd-'cakl e'?'bble t. i y 0ch the, other Pared shy' l bave Vegory ?s cu oay of the Chit 3• -Ow ? part1aZ P?i Ziave the Father shall e Father owl n9 schedule' until 4. the foil APB l l' 9:00 a.m- with trom tthroq? every Suidey up to six hourst in accoraa'c'ce March 2001 Child a ,ekday for be arrang by A' have r W Of the d specific every we a and times to 3-00 P da 29? 20011 with the of the P ? les- a, and APIC 2 Soo p•m., agreemen 1 Z? ? 2 .00 aim. un . Y for P to on the 'aken day and Sunday fl on a Wires to be 8• bod, $atur Week dorm! f1. dates e also every With the specs as, frcm the eight hours' of and May 2?r2 l 201 eve arranged ?, of MAY 13h Zy ato9i with weeksn, m• throu9 up the C. ?? intg9 on 8 welcdaY for week ? A specific dates and times to be arranged by agreement of the parties. D. Beginning on the weekend of June 8-10, 2001, and continuing thereafter, on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m., and every week on a weekday for up to 8 hours, with the specific dates and times to be arranged by agreement of the parties. 5. The parties dW I share or alternate ,'having custody of the Child on holidays as follows: A. MISTS: In every year, the Mother shall have custody of the from Christmas Eve at 6:00 p.m. through Christmas Day at ;3:00 p.m. and the Father shall have custody from Christmas Day at 3:00 p.m. through December 26 at 6:00 p.m. B. - BMXDA'Za: In odd nuambered years, the Father shall have-custody of the Child from 9:00 a.m. until 6:00 p.m. on ;.Faster. July 4th and Thanksgivings and the Mother shall have custody of the Guild from 9:00 a.m. until 6:00 p.m. on memorial Day and Wboz Day. In even rnmbered years, the Mother shall have custody of the Guild from 9:00 a.m. until 6:00 p.m. on Easter, July 4th and Thanksgivings and the Father shall have custody from 9:00 a.m. until 6:00 p.m. on Memorial. Day and Labor Day. C. !lo F 'S DAY/i+ 'S Wo. The Mother shall have custody of the Child every year from 9:00 a.m. until 6:00 p.m. on Mother's Day and the rather shall have custody of the Child every year from 9:00 a.m. until 6:00 p.m. on Father's Day. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. 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 Edward E. Guido, J. cc: Diane Radcliff, Esquire - Counsel for Mother Lisa M. Coyne, Esquire - Counsel for Father ?? I-\ ` GINGER DES LAURIER, Plaintiff Vs. JOHN ARLES DARCY, III Defendant IN THE COURT OF COK4W PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7618 CIVIL TERM CIVIL ACTMH - LAW IN CUSTODY CRDER OF COURT ' AND IM -, this 1 day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordared and directed as follows: 1. The Mother, Ginger Des Laurier, shall have primary physical and legal custody of Alexandria Darcy, born January 17, 1999. 2. The Father, John Charles Darcy, III, shall have supervised visitation with the Child upon his release fr«n incarceration as agreed and arranged between the parties. 3. In the event the parties are not able to reach an agreement as to custody arrsI ganents . -npon the Father's release from incarceration, tho Father may file a Petition with this Court. BY THE J. .2 RKg cc: Jeanne' B. Costopouios, Esquire - Counsel for Mother John Charles Darcy, III - Father VERIFICATION I, Ginger Zebel , verify that the statements made in this Petition for Modification of Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 2111/08 (g ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX (717) 236-2817 GINGER ZEBEL, : IN THE COURT OF COMMON PLEAS (formerly GINGER DES LAURIER) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ; V. :NO. 99-7618 JOHN CHARLES DARCY, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this day of February, 2008, that a copy of the foregoing Petition for Modification of Custody was mailed, first-class, postage prepaid to: John Charles Darcy, III Inmate #HH6398 SCI Camp Hill 2500 Lisburn Road P.O. Box 200 Camp Hill, PA 17001-0200 Laurie A. Saltz ver Esq Attorney for Petition r/Pl MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 o ? ?' 00 C7 = GINGER ZEBEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1999-7618 CIVIL ACTION LAW JOHN CHARLES DARCY, III IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, March 17, 2008 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Is/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Sp./?'? MAR 8 S 2008 GINGER ZEBEL VS. Plaintiff JOHN CHARLES DARCY, III Defendant tj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-7618 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this - _ day of A "'A - , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 13, 2001 is vacated and replaced with this Order. 2. The Mother, Ginger Zebel, shall have sole legal and physical custody of Alexandria Shiann Darcy, born January 17, 1999. 3. The Father, John C. Darcy, III, may have periods of contact with the Child as agreed upon and arranged by agreement between the parties. 4. Upon his release from incarceration, the Father may file a Petition with the Court for the scheduling of an additional custody conciliation conference to review and make any appropriate adjustments to the custodial arrangements. BY*#YRE COUR Edward E. Guido cc: Lurie A. Saltzgiver, Esquire - Counsel for Mother ?John Charles Darcy, III - Father Cer /n U( LCL I 4113 lee J. 3 GINGER ZEBEL VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-7618 CIVIL ACTION LAW JOHN CHARLES DARCY, III Defendant Prior Judge: Edward E. Guido 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 CUSTODY OF Alexandria Shiann Darcy January 17, 1999 Mother 2. A custody conciliation conference was held on March 26, 2008, with the following individuals in attendance: the Mother, Ginger Zebel, with her counsel, Laurie A. Saltzgiver, Esquire. The Father, John Charles Darcy, III, is presently incarcerated and was unable to attend the conference. However, the Father's prison counselor contacted the conciliator the week prior to the conference to make arrangements for the Father to call the conciliator's office to participate in the conference by telephone. However, no call was received at the time of the conference from the Father or his counselor. 3. The Mother filed this Petition for Modification seeking sole legal and physical custody of the Child due to the Father's incarceration, beginning in December 2007, for a period of two to four years. The Mother seeks to obtain counseling for the Child and requires sole legal custody so that she can provide the necessary consent forms for this and other medical or counseling related issues as the Father is unavailable for consultation at this time. The prior Order of this Court dated March 13, 2001 provided for the Mother to have primary physical custody of the Child with the Father having alternating weekends. During the Father's last period of incarceration in 1999-2000, the custodial arrangements were modified to grant the Mother sole legal and physical custody as well. V 4. Based upon the representations of the Mother and her counsel during the conference and the fact that the Father did not contact the conciliator's office by phone to participate in the conference, the conciliator recommends an Order in the form as attached, providing for the Father to obtain a review of the custodial arrangements at the conclusion of his incarceration. Date Dawn S. Sunday, Esquir Custody Conciliator