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HomeMy WebLinkAbout07-4925TONYA RAE AIRE.SMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND~COUNTY PENNSYLVANIA vs. No. 07- '1"CIVIL TERM TRAVIS SPRIGGS, Defendant IN CUSTODY COMPLAINT FOR CUSTODY Petitioner, Tonya Rae Airesman, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the mother, resides at 613 B Geneva Drive, Apartment 14, Mechanicsburg, Cumberland County, PA, 17055. 2. The above Defendant currently resides at 1119 16`h Avenue, Altoona, Pennsylvania, 16601. 3. Mother and Defendant are the natural parents of: a. Tremayne Spriggs born March 2, 2002, and b. DeShawn Spriggs born May 26, 2003. 4. Mother and Defendant were never married. 5. The children have lived with the parties at the following addresses for the time specified: a. From his birth until May 2002, Tremayne with Mother at Betty Nelson Trailer Park in Cumberland County; b. From May2002 to early in 2004 Tremayne and DesShawn lived with Mother at 20 Carlisle Road, Newville, Cumberland County, Pennsylvania. c. From 2004 to June 2005 Tremayne and DeShwan were in foster care due to Mother's inability and neglect of the children and Defendant's unwillingness to assume custody of his children. d. In June 2005, Tremayne and DeShawn were returned to Mother's care and custody. At that time, Mother was living at Betty Nelson's Trailer Court in Cumberland County. She stayed there with her children until August, 2005. e. From August 2005 through August 2006, Tremayne and DeShawn lived with Mother at 330 N. College Street in Carlisle. Cumberland County. f. From August 2006 until May 2007, Tremayne and DeShawn lived with Mother at her present address, 613 B Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17255. 6. In May 2007, Mother experienced a return of the depression that had lead to her earlier neglect of the children. 7. In May 2007, Mother asked Defendant to take care of the children temporarily while she got her medications adjusted and looked for work. 8. The Defendant agreed to temporarily take care of the children until Mother was in better circumstances. 9. Mother found part-time employment in the housing complex where she lives that should turn into full time employment in the next three months. 10. Mother has adjusted her medications and is functioning fully and well. 11. Mother is presently able to carry out all parental duties. 12. Mother has asked for the children to be returned but Defendant has refused. 13. Defendant has demanded money from Mother in exchange for the children. 14. Mother has been denied free contact and access to the children. 15. Tremayne is registered in the Mechanicsburg Area School District and will start school on Monday, August 17, 2007. 16. Defendant is not acting in the children's best interests in that he: a. Did not give Mother his address for the months that he took care of the children; b. Demanded money from Mother, not for the children's care, but for his own use; c. Did not allow Mother visits with the children unless he supervised the visit in a remote location or she surrendered her car keys to him; d. Denied the children their desire to return to their Mother's home and custody; e. Put the children in the care of third parties during his drug and alcohol rehabilitation; f. Up until Mayof 2007, Defendant was a stranger to his children and only minimally involved in their lives. By denying Mother access, Defendant traumatized the children; g. Throughout their relationship, Defendant has not been present in the children's lives. 17. Mother is the parent who can best provide for the children for reasons including, but not limited to, the following: a. The mother is presently able to provide for the children by giving them a nurturing and stable home environment and providing for her emotional, physical, medical and educational needs; b. Mother is the only person who has provided for the daily needs of the children and is the person presently most capable of caring for them; c. Tremayne has had the benefit of therapeutic support services and behavioral support services for the past two years while in Mother's care; d. Mother can best facilitate and maintain any contact between the children and the Defendant. 18. Mother requests that the Court grant primary physical and legal custody of the children to her. 19. Without this Court's intervention, Mother and children are at risk of irreparable harm by being denied contact with each other. 20. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Tonya Airesman shall have primary legal and physical custody of the children. b. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or agreed to by the parties; c. Defendant is prohibited from removing the children from Cumberland Countyexcept as provided by this Court's custody order; d. Any other relief this court deems just and proper. y submitted, G c H. D' Alo tto y for Plaintiff/ Petitioner idP nn Legal Services 40 . Louther Carlisle, PA 17013 vVERIFICATION The above-named Plaintiff, Tonya Rae Airesman, verifies that the statements made in the attached Petition for Special Relief and Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: g-ZZ- ~~ __ Tonya ae Airesman TONYA RAE AIItF,SMAN, Plaintiff vs. TRAVIS SPRIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA N0.07- CIVII. TERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace E. D'Alo, do hereby swear that I served TRAVIS SPRIGGS with a Petition for Special Relief and Complaint on August , 2007, by first class U.S. mail at the following address: Travis Spriggs 414 Springhead Drive Altoona, PA I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: o ~~~ Signature. r ~ `~t'ti `~ .y 4 C l ,.,~> S . 't~ ~'S`1 .~ ,.~ ~, C ~''~ 1` . ~` ,~~ ~' ` y ;.L '~ ~,~ ~"~' C~ c-. ~ (_:~ C) --t'i i».. ...,i .-~ ",may ~, ";~ ~.._ Y ._ ~ ` . c.:~ -..t ' -~ ~ TONYA RAE AIRESMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 07- ~9~IVii, TERM TRAVIS SPRIGGS, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tonya Rae Airesman ,Plaintiff, to proceed in forma ap uperis. I, Grace E. D'Alo, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 m ~`? ~ q c1 ~ ~ ~~/ y _ - } ~ ,~, S t ~ ~~••~ ~ TONYA RAE AIRFSMAN, IN TI-iE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND~COUNTY PENNSYLVANIA vs. NO.07- ~~-CIVIL TERM TRAVIS SPRIGGS, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Tonya Rae Airesman, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the mother, resides at 613 B Geneva Drive, Apartment 14, Mechanicsburg, Cumberland County, PA, 17055. 2. The above Defendant currently resides at 1119 16`h Avenue, Altoona, Pennsylvania, 16601. 3. Mother and Defendant are the natural parents of: a. Tremayne Spriggs born March 2, 2002, and b. DeShawn Spriggs born May 26, 2003. 4. Mother and Defendant were never married. 5. The children have lived with the parties at the following addresses for the time specified: a. From his birth until May 2002, Tremayne with Mother at Betty Nelson Trailer Park in Cumberland County; b. From May2002 to early in 2004 Tremayne and DesShawn lived with Mother at 20 Carlisle Road, Newville, Cumberland County, Pennsylvania. c. From 2004 to June 2005 Tremayne and DeShwan were in foster care due to Mother's inability and neglect of the children and Defendant's unwillingness to assume custody of his children. d. In June 2005, Tremayne and DeShawn were returned to Mother's care and custody. At that time, Mother was living at Betty Nelson's Trailer Court in Cumberland County. She stayed there with her children until August, 2005. e. From August 2005 through August 2006, Tremayne and DeShawn lived with Mother at 330 N. College Street in Carlisle. Cumberland County. f. From August 2006 until May 2007, Tremayne and DeShawn lived with Mother at her present address, 613 B Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17255. 6. In May 2007, Mother experienced a return of the depression that had lead to her earlier neglect of the children. 7. In May 2007, Mother asked Defendant to take care of the children temporarily while she got her medications adjusted and looked for work. 8. The Defendant agreed to temporarily take care of the children until Mother was in better circumstances. 9. Mother found part-time employment in the housing complex where she lives that should turn into full time employment in the next three months. 10. Mother has adjusted her medications and is functioning fully and well. 11. Mother is presently able to carry out all parental duties. 12. Mother has asked for the children to be returned but Defendant has refused. 13. Defendant has demanded money from Mother in exchange for the children. 14. Mother has been denied free contact and access to the children. 15. Tremayne is registered in the Mechanicsburg Area School District and will start school on Monday, August 17, 2007. 16. Defendant is not acting in the children's best interests in that he: a. Did not give Mother his address for the months that he took care of the children; b. Demanded money from Mother, not for the children's care, but for his own use; c. Did not allow Mother visits with the children unless he supervised the visit in a remote location or she surrendered her car keys to him; d. Denied the children their desire to return to their Mother's home and custody; e. Put the children in the care of third parties during his drug and alcohol rehabilitation; f. Up until Mayof 2007, Defendant was a stranger to his children and only minimally involved in their lives. By denying Mother access, Defendant traumatized the children; g. Mother was able to secure the return of the children only by promising to relinquish her parental rights to Jennifer Graham, father's girlfriend or new wife; h. Mother fears that Defendant will remove the children from her at the first opportunity he or Ms. Graham has to be alone with them; 17. Mother is the parent who can best provide for the children for reasons including, but not limited to, the following: a. The mother is presently able to provide for the children by giving them a nurturing and stable home environment and providing for her emotional, physical, medical and educational needs; b. Mother is the only person who has provided for the daily needs of the children and is the person presently most capable of caring for them; c. Tremayne has had the benefit of therapeutic support services and behavioral support services for the past two years while in Mother's care; d. Mother can best facilitate and maintain any contact between the children and the Defendant. 18. Mother requests that the Court grant primary physical and legal custody of the children to her. 19. Without this Court's intervention, Mother and children are at risk of irreparable harm by being denied contact with each other. 20. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Tonya Airesman shall have primary legal and physical custody of the children. b. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or agreed to by the parties; c. Defendant is prohibited from removing the children from Cumberland Countyexcept as provided by this Court's custody order; d. Any other relief this court deems just and proper. Respectfully submitted, D'Alo for Plaintiff/ Petitioner Mi~knn Legal Services 401 E. Louther Carlisle, PA 17013 yVERIFICATION The above-named Plaintiff, Tonya Rae Airesman, verifies that the statements made in the attached Petition for Special Relief and Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date : ~j~"'ZZ~~~ '~ Tonya ae Ai man TONYA RAE AIRESMAN, Plaintiff vs. TRAVIS SPRIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 07- CIViL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tonya Rae Airesman ,Plaintiff, to proceed in forma ap uperis. I, Grace E. D'Alo, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. G a e D'Alo Je ca Hoslt Ge frey Biringer Attorneys for Plaintiff MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 J~~ ~,a ~) `~ ~L-~ ~y1~,. ,~ ~,_r - r-' ', -~'it t ~~ i~ ~~,} +"' :. {'.. TONYA RAE AIRESMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW TRAVIS SPRIGGS, Defendant N0.07-4925 CIVIL TERM ORDER OF COURT AND NOW, this 21S` day of August, 2007, upon consideration of Plaintiff's Petition for Special Relief, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. PENDING further order of Court, neither parent shall remove the children from Cumberland County. BY THE COURT, J grace E. D'Alo, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff .~1 ravis Spriggs 1119 Sixteenth Avenue Altoona, PA 16601 Defendant, pro Se Court Administrator-%~ ~/aa/e~.~ rc ,,'; . r,. AllG 2 0 20D7~,y ~ TONYA RAE AIRFSMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 07- ~ CIVIL TERM TRAVIS SPRIGGS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ,upon consideration of the Petition for Special Relief, the following order is entered: 1. Plaintiff, Tonya Rae Airesman, shall have primary physical and shared legal custody of the children; 2. Defendant is enjoined from removing the children from Cumberland County, Pennsylvania; 3. A hearing on this Petition for Special Relief will be held in this Court an , 2007. 4. Defendant is ordered to appear before this Court's appointed conciliator on ,day of , 2007, to develop a mutually agreeable and beneficial partial custody and visitation schedule. By the Court, J. Grace E. D' Alo, Attorney at Law MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 TONYA RAE AIRESMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND OUNTY PENNSYLVANIA vs. N0.07- ~~ CIVII. TERM TRAVIS SPRIGGS, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Tonya Rae Airesman, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the mother, resides at 613 B Geneva Drive, Apartment 14, Mechanicsburg, Cumberland County, PA, 17055. 2. The above Defendant currently resides at 1119 16`" Avenue, Altoona, Pennsylvania, 16601. 3. Mother and Defendant are the natural parents of: a. Tremayne Spriggs born March 2, 2002, and b. DeShawn Spriggs born May 26, 2003. 4. Mother and Defendant were never married. 5. The children have lived with the parties at the following addresses for the time specified: a. From his birth until May 2002, Tremayne with Mother at Betty Nelson Trailer Park in Cumberland County; b. From May2002 to early in 2004 Tremayne and DesShawn lived with Mother at 20 Carlisle Road, Newville, Cumberland County, Pennsylvania. c. From 2004 to June 2005 Tremayne and DeShwan were in foster care due to Mother's inability and neglect of the children and Defendant's unwillingness to assume custody of his children. d. In June 2005, Tremayne and DeShawn were returned to Mother's care and custody. At that time, Mother was living at Betty Nelson's Trailer Court in Cumberland County. She stayed there with her children until August, 2005. e. From August 2005 through August 2006, Tremayne and DeShawn lived with Mother at 330 N. College Street in Carlisle. Cumberland County. f. From August 2006 until May 2007, Tremayne and DeShawn lived with Mother at her present address, 613 B Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17255. 6. In May 2007, Mother experienced a return of the depression that had lead to her earlier neglect of the children. 7. In May 2007, Mother asked Defendant to take care of the children temporarily while she got her medications adjusted and looked for work. 8. The Defendant agreed to temporarily take care of the children until Mother was in better circumstances. 9. Mother found part-time employment in the housing complex where she lives that should turn into full time employment in the next three months. 10. Mother has adjusted her medications and is functioning fully and well. 11. Mother is presently able to carry out all parental duties. 12. Mother has asked for the children to be returned but Defendant has refused. 13. Defendant has demanded money from Mother in exchange for the children. 14. Mother has been denied free contact and access to the children. 15. Tremayne is registered in the Mechanicsburg Area School District and will start school on Monday, August 17, 2007. 16. Defendant is not acting in the children's best interests in that he: a. Did not give Mother his address for the months that he took care of the children; b. Demanded money from Mother, not for the children's care, but for his own use; c. Did not allow Mother visits with the children unless he supervised the visit in a remote location or she surrendered her car keys to him; d. Denied the children their desire to return to their Mother's home and custody; e. Put the children in the care of third parties during his drug and alcohol rehabilitation; f. Up until Mayof 2007, Defendant was a stranger to his children and only minimally involved in their lives. By denying Mother access, Defendant traumatized the children; g. Mother was able to secure the return of the children only by promising to relinquish her parental rights to Jennifer Graham, father's girlfriend or new wife; h. Mother fears that Defendant will remove the children from her at the first opportunity he or Ms. Graham has to be alone with them; 17. Mother is the parent who can best provide for the children for reasons including, but not limited to, the following: a. The mother is presently able to provide for the children by giving them a nurturing and stable home environment and providing for her emotional, physical, medical and educational needs; b. Mother is the only person who has provided for the daily needs of the children and is the person presently most capable of caring for them; c. Tremayne has had the benefit of therapeutic support services and behavioral support services for the past two years while in Mother's care; d. Mother can best facilitate and maintain any contact between the children and the Defendant. 18. Mother requests that the Court grant primary physical and legal custody of the children to her. 19. Without this Court's intervention, Mother and children are at risk of irreparable harm by being denied contact with each other. 20. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Tonya Airesman shall have primary legal and physical custody of the children. b. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or agreed to by the parties; c. Defendant is prohibited from removing the children from Cumberland Countyexcept as provided by this Court's custody order; d. Any other relief this court deems just and proper. Respectfully submitted, D'Alo for Plaintiff/ Petitioner Mi~knn Legal Services 401 E. Louther Carlisle, PA 17013 vVERIFICATION The above-named Plaintiff, Tonya Rae Airesman, verifies that the statements made in the attached Petition for Special Relief and Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date : ~~-ZZ_~~ "~ Tonya ae Ai man TONYA RAE AIRESMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. N0.07- CIVIL TERM TRAVIS SPRIGGS, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tonya Rae Airesman ,Plaintiff, to proceed in forma au eris. I, Grace E. D'Alo, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. G a e D'Alo Je ca Hoslt Ge frey Biringer Attorneys for Plaintiff MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 F,? c-~ (~) ---~ :•--. :"w t 1 ~ ~ r.l C, T'.~ T, '. ,-Siil f~: :,{ TONYA RAE AIRESMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-4925 .CIVIL ACTIOAI LAW TRAVIS SPRIGGS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 28, 2007 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 07, 2007 at 2:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference: Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl ohn . Mari r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1490. 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 husiness 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 ~~ ~Z ;~•~ y~' ~ }~j ~t~.t +.~f~~ 4si`~+~,'(~~~'..~CR •~~:, i TONYA RAE AIRESMAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4925 CIVIL TERM TRAVIS SPRIGGS, Defendant : IN CUSTODY RULE TO SHOW CAUSE AND PETITION FOR CONTEMPT Plaintiff, Tonya Airesman, by and through her counsel, MidPenn Legal Services, states the following: 1. Plaintiff, hereinafter referred to as Mother, resides at 613E Giverva Drive, Apt. 14, Mechanicsburg, PA 17055. 2. Defendant resides at 1119 Sixteenth Avenue, Altoona, PA 16601. 3. The above-named parties are the natural parents of Tremayne Spriggs, born March 2, 2002, and DeShawn Spriggs, born May 26, 2003. 4. On August 20, 2007, the Defendant removed the children from Cumberland County. 5. On August 21, 2007, upon consideration of the Mother's Petition for Special Relief, the Court referred the matter to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and ordered that the children remain in Cumberland i County, pending farther order of the Court. 6. Counsel for the Mother asked Defendant to return the children to Cumberland County. 7. Plaintiff has made several attempts to call the Defendant but her calls are not returned or not answered. 8. As of August 28, 2007, the Defendant has yet to return the children to Cumberland County. 9. The children are enrolled in the Mechanicsburg Area School District. 10. The children will be absent from school as of September 30, 2007. WHEREFORE, the Mother respectfully requests the following relief: 1. That the Court Issue a Rule to Show Cause why the defendant should not be found in contempt of this Court's order of August 20, 2007; 2. That this Court direct the Sheriff of Cumberland County go to Defendant's home in Blair County and take custody of the children and return them to the Plaintiff s care and custody. Respectfully submitted, ~' e D'Alo, Esquire M .aging Attorney MidPenn Legal Services 401 East Louther Street Cazlisle, PA 17013 {717) 243-9400 i s TONYA RAE AIRESMAN, Plaintiff vs. TRAVIS SPRIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 07-4925 Crva. TERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace D'Alo, do hereby swear that I served TRAVIS SPRIGGS with a Custody Complaint on August 30, 2007 by U.S. mail, first class at the following address: Travis Spriggs 1119 16a' Avenue Altoona, PA 16601 I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ Signat ~ r.~ ~ ~ -_., "C1 i ! ~ ~"' r_-: , .. _T_ `~ r - r ~ • ~ trT ,~ - - _ t: • ,.fir ~ -r-, _'> ~c i t--' .. -`-i h.~ "(~ TONYA RAE AIRESMAN, Plaintiff v. TRAVIS SPRIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.07-4925 CIVIL TERM ORDER OF COURT AND NOW, this 31s` day of August, 2007, upon consideration of Plaintiff's Rule To Show Cause and Petition for Contempt, this matter is referred to the custody conciliation hearing scheduled in this matter for September 7, 2007, at 2:00 p.m., before John J. Mangan, Esq. THE CHILDREN shall be returned immediately to Cumberland County by Defendant. BY THE COURT, v~ J. esley Oler, . Grace E. D'Alo, Esq. MidPenn Legal Servicesr 441 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff Travis Spriggs 1119 Sixteenth Avenue ~ Altoona, PA 16601 Defendant, pro Se ~/ t e~, `~.0~ 8'' ~9~ Court Administrator ~. `I, Q~td ~~~~J' 8~~31(0 ?~r,~ :rc i~~t~i1~~f~1,:+~d ,~1.~i~'``' `"`~i~~fl~ AQV~V1`vLl: f.L~vea ,~ . ~ -y . ~ • SEP 10 2007,,~-y~ TONYA RAE AIRESMAN, Plaintiff vs. TRAVIS SPRIGGS, Defendant Prior Judge:. J. Wesley'Oler, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4925 Civil Term ACTION IN CUSTODY COURT ORDER AND N(JW, this ~ day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The :prior Orders.. in this case dated August 12, 2007 and August 31, 2007 aze hereby VACATED. 2. This Orders entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the ~ day of -~~~ 007 at 30 in Courtroom number ~ in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel. a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at .least ten days prior to he hearing date. 3. The Mother, `Tonga R. Airesman, and the Father, Travis Spriggs, shall enjoy shared legal custody ~f Tremayne Spriggs, born March 2, 2002 and DeShawn Spriggs, born May. 26, 2003. The parties agree that major non-emergency decisions concerning the children's health, welfaze, education and religion shall be made by them jointly,: after discussion and consultation with the other, with a view towazd obtaining and following a harmoniousl policy in the children's best interest, 4. The.Father~shall have temporary primary physical custody of Tremayne and DeShawn Spriggssubject to Mother's partial physical custody three weekends per month from Friday 6:00 pm until Sunday 6:00 pm. The Mother's weekends shall commence. Friday September 14, 2007 and followed by the weekends of September 2F and 28. Thereafter, the following weekend shall be with Father. Mother shall `have the weekends of October 12, 19 and 26, 2007. (Mother has three weekends in~a row,-.then Father has a weekend, Mother three weekends, etc.) Thin schedule shall continue: until a hearing regazding custody has been completed. The location for the exchanges shall be in McConnellsburg, PA at the ~~ t~-- c+~ M ~ r~~ f.~ Mi 1 r~ McDonald's parking lot. Should a party not be able to arrive at the delineated exchange time, that party is directed to promptly notify the other party of the delay. 5. Mother and Father shall employ appropriate car seats/restraints for the Children during transportation. 6. Telephone contact between. Children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parents not agree on a telephone schedule, the. custodial parent shall facilitate telephone contact between the non- custodial pazent and the Children before 8:30 pm. 7. Mother and Father shall not engage in any disparaging language with the Children tl~af would negatively affect the Children's love and affection for the other parent. To the:extent possible, Mother and Father shall not allow any disparaging conversation by third parties regazding the other pazent. 8. In the event cif a medical emergency, the custodial pazent shall notify the other parent as soon aspracticable after the emergency is handled. 9. Father is directed to continue with. the Children's counseling to include individual/family counseling, with the parents participating upon the recommendation of the therapist/counselor. 10. This Order is entered without prejudice regazding either Mother or Father's position. on custody.. 11. The "parties may modify thi§ Order by mutual agreement. In the absence of mutual'consent, the terms of this Order shall control. e D'Alo, Esq. Family`Law Clinic, Holly O. Vaughn, Certified Legal Intern. ohn J. Mangan, Esq. BY THE COURT, ~butlon: ~ . ~C S (~ ~ (cam V r J _.~Ce ~°~ 9/,~/a~ •.~;;:, ... ~ 'Y`'`!~ " ~~ t ..g ~'. ~_ ~~ ~ .~ TONYA RAE AIRESMAN, Plaintii~ vs. TRAVIS SPRIGGS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4925 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B),'the undersigned Custody Conciliator submits the following report: l . The pertinent information pertaining to the children who aze the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tremayne Spriggs March 2, 2002 Father De5hawn Spriggs May 26, 2003 Father 2. A ~onciiation Conference was held on September 7, 2007 with the following individuals in attendance: The Mother, Tonya R. Airesman, with her counsel, Grace D'Alo, Esq. The Father, Travis Spriggs, with. his counsel, The Family Law Clinic, Holly O. Vaughn, Certified Legal Intern. 3. The Honorable J. Wesley Oler, Jr., J. has issued an Order of Court dated August 12, .2Q07 directing the Children not to be removed from Cumberland County, PA. On August 31, 2007 the Honorable J. Wesley Oler, Jr., J. issued an Orderof Court directing that Father return the Children to Cumberland County. immediately. 4. Father's- position on custody is as follows: Father seeks shared legal custody and; primary physical custody,. with Mother having physical custody every other weekend. with expanded time during the summer months. Father acknowledges.that he bass had dependency issues with drugs/alcohol and has successfully completed inpatient treatment for his issues. Father asserts that Mother has mental health issues and that the children have resided at his residence March 11, 2007 through Easter Sunday 2007. In the middle of Apri12007, Mother returned Children to Father's residence and left Children there until August 18, 2007 at which time Mother took Children back to live with her. ~ Sometime. in June 2007, Mother sent social security cazds and birth certificates to Father, according to Father, with the intent for him to enroll Children in school where he resides. On August 20, 2007, father came to . ~, .r', Mother's residence for a visit with the Children and asserts that Mother was agreeable to him having Children. The Children have resided with Father since that date. Father has enrolled both children in school, Tremayne in kindergarten and DeShawn in Headstart. Father has also set up counseling for both Children. Father has concerns regazding Mother's ability to properly care for the Children: The Children had been removed by Cumberland County Children and' Youth for approximately a yeaz until the children were placed back with:Mother. Father notes that Mother pled guilty to Endangering the'Welfare of the subject Children. Father is concerned that Mother is not in mental health counseling and may suffer a relapse. Father is not emplpyed at this time and is able to Gaze for the Children. Father is married and resides with his wife, his step child, and mother and father in law. He resides in a five bedroom residence and is able to adequately caze for his children. 5. Mother's position is as follows: Mother seeks shared legal custody and primary physical custody, with Father having liberal partial physical custody with expanded time during the summer months. Mother acknowledges that she has-.had mental health issues that she has requested Father to assist with the care of the Children. Mother asserts that Father has not been actively involved withthe care of the Children until June of 2007. Mother alleges that Father still has illicit drug issues/usage. Mother asserts that Father was to have temporary custody of Children while she addressed her mental health issues. Mother is currently on medication and has not continued with her mental health counseling, but is willing to do so. Mother asserts that Father has denied her contact with the Children and that Father has not notified her regazding Father's residence until very recently. Mother states that Father is severely behind in child support and that Father has had very limited contact with the Children despite her willingness to allow contact. Mother states that she-has counseling, day caze and school enrollment set up for the Children. Mother has adequate housing for her children and would like them returned to her: 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and :entering an .Order of Court granting Mother and Father shazed legal custody and Father to have temporary primary physical custody with Mother. having partial custody as outlined pending a hearing of Court. It is the Conciliator'sbeleftbat this would be in the Children's best interest. It is expected that: the Hearing will require one day. 7. The proposed recommended Order may contain a requirement that the parties file apse-trial memorandum with the Judge to whom the matter has been assigned. Date: Sept~~x ~ ~ Zoo? ~Wre 3o1nn 1 • o }Bator C.~,od / -~ TONYA RAE AIRESMAN, Plaintiff v. TRAVIS SPRIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-4925 CIVIL TERM ORDER OF COURT AND NOW, this 6`" day of December, 2007, upon consideration of the attached letter from the Family Law Clinic, attorneys for Defendant, the hearing previously scheduled for December 13, 2007, is CONTINUED GENERALLY. Counsel are directed to notify the Court if a hearing in this matter is required or when a settlement has been reached. BY THE COURT, /Grace E. D'Alo, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff ~/Takara S. Strong Certified Legal Intern Family Law Clinic 4S North Pitt Street Carlisle, PA 17013 Attorneys for Defendant ~o~~FC m~~L~ ~a./`/o7 ~~ rc I 4 ` ~ i h n~'~1 ~~ A ~ lti.i! ~. '"- Y ~'ENNSTA~E _ The Dickinson 5chooi of Law N'otnily .Law ('.IiniC A si~rvi~:c lu the cmm~nutity by s(tltlrntx burn Ncnn Sl;ttr. Univ~~r~slty'S Uicki~l8on School uP r.;lw December 5, 2007 'f'lee Ualc F! Shughurt GOmmunity Law Ccnter 4S North Yitt S(*rr.t CarlialC. PA 1'7(113 t7tficc; 717-243.296$ Or 717-7,43-At134 h';tx: 7 i 7-243.3G39 Honorable J, Wesley Oler, Jr, One Courthouse Squ2ire Carlisle, PA 17013 Re: Airesman v. Spriggs Docket # 07-4925 Civil Term Dear Judge Oler: There is a custody hearing scheduled for December 13, 2007 in the above referenced case. On November 19, 2007 the parties came to an agreement that has been signed by the defendant, Mr. Travis Spriggs. Currently, we are waiting for the signature of the plaintiff, Tonya Airesman in order to file for an Order of Court reflecting the agreement. This letter is to request that the Court take the above referenced case off of its schedule or continue the hearing to another data. Thank you for your time and attention to this matter. Re,/spectfully, ~.l ~ - Takara S. Strong` - Certified Legal Intern CC: Jessica Holst, Esq Travis Spriggs An i?yu:~l Qppurluni(y lJnivCYsity ZO'd Z00'~N O~~zti z0~S0 03Q 'QI ..~ ., DEC Z 9 20D7 ~ Y Tonya Rae Airesman , IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, :PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY Travis Spriggs , Defendant. No. 07-4925 CIVIL TERM ORDER OF COURT ~~ AND NOW, this ~ day of c. , 2007, the Court accepts the parties' Custody Agreement signed , 2007 and enters as an Order of Court the following agreement: 1. Mother and Father shall share legal custody of the children. The parties agree that major decisions concerning their children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day- to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as follows: a. Weekend Schedule i. Mother shall have the children every other weekend starting Friday, November 23, 2007. Mother's weekends shall coincide with her pay weeks. ii. The exchange of the children will occur in the Breezewood, Pennsylvania Sheetz parking lot at 7:00 p.m. Friday evenings and the children shall be returned to the same location at 7:00 p.m. on Sunday evening. iii. Should one party not be able to be present for the custody exchange, that party is to notify the other parry of the delay by 1:00 p.m. on the day of drop off or pick up. If the delay in reaching the exchange location is a result of traffic or other matter that occurs on the way to the exchange, the receiving party shall be notified as quickly as possible. iv. The parties will work to ensure that the children are not scheduled for activities on Mother's weekends of partial custody but if the children or a child be unavailable due to extra-curricular activities, Father will inform Mother and the parties shall arrange a different pick up time. b. Holiday Schedule i. Mother shall have the children every Mother's Day for the entire weekend beginning at 7:00 p.m. on Friday evening and ending at 7:00 p.m. on Sunday evening. ii. Father shall have the children every Father's Day for the entire weekend beginning at 7:00 p.m. on Friday evening and ending at 7:00 p.m. on Sunday evening. iii. Mother and Father shall share Memorial Day, the 4~' of July and Labor Day by mutual agreement. iv. Mother and Father shall alternate Christmas as follows: 1. In odd years, Father shall have the children for the Christmas holiday. a. Mother shall have the children this year from 7:00 p.m. December 21, 2007 until December 24, 2007 7:00 p.m., which is her regularly alternating weekend of custody plus time on Christmas Eve. b. Mother shall have an additional period of partial custody with the children from 7:00 p.m. on December 28, 2007 until December 30, 2007 at 7:00 p.m. c. In future odd-numbered years, the parties shall work together to ensure that Mother has additional time during the children's winter break surrounding the Christmas holiday in a manner similar to the 2007 schedule. 2. In even years Mother shall have the children for Christmas holiday. Mother's time for the Christmas holiday shall be similar in length to Father's Christmas holiday time in odd numbered years. a. In even-numbered years, the parties shall work together to ensure that Mother has some additional time with the children during their winter break. v. Mother and Father shall alternate Thanksgiving as follows: 1. In odd years Father shall have custody of the children. 2. In even yeazs Mother shall have custody of the children. vi. Mother and Father shall alternate Easter as follows: 1. In even yeazs, Father shall have custody of the children. 2. In odd years, Mother shall have custody of the children. 3. This arrangement can be changed by the parties upon mutual agreement. c. Summer Schedule i. Mother shall have the children every other weekend, according to her alternating weekend schedule. ii. For summer 2008, Mother shall have custody of the children for three 7-day periods following her regular weekend custodial period as follows: 1. Mother shall have the children from June 20, 2008 until _ June 30, 2008; 2. Mother shall have the children from July 18, 2008 until July 28, 2008; 3. Mother shall have the children from August 8, 2008 until August 18, 2008. 4. For the extended visits, Mother shall pick up the children Friday at 7 p.m. and return them on Monday at 7 p.m. All exchanges will take place at the Breezewood, Pennsylvania Sheetz parking lot. During regular alternating weekends without the extended visits, the exchanges will be at the times and days set forth at Paragraph 3(a)(ii). 5. The parties shall work together to create, at a minimum, a similar schedule for future summers. If the parties wish to increase Mother's time during the summer months, they may do so by mutual agreement. iii. Parties can change these periods of extended summer custodial time by mutual agreement. 4. Mother and Father shall employ appropriate car seats/ restraints for the children during transportation. 5. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parties not agree on a schedule the custodial parent shall facilitate telephone contact between the non-custodial parent and the children before 8:30 p.m. b. Father will continue the children's counseling including individuaU family counseling, with the parents participating upon the recommendation of the therapist/ counselor. 7. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 8. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 1 9. Father will send copies of school report cards and other school related information to Mother. Father will also keep Mother apprised of information regarding parent/teacher conferences, parent/teacher meetings and back-to- school nights. 10. Father will inform Mother of the name and contact information for Tremayne Spriggs' counselor. 11. Neither parent will allow the children to view or have contact with any movies/DVD or video that are above the rating of PG. 12. The Family Law Clinic has represented Father and Jessica Holst, Esquire has represented Mother in this custody matter. 13. The parties can alter this Order by mutual agreement in the absence of mutual agreement the terms of this Order shall control. 14. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. BY THE COURT, ~~ ~~~ ~_ f ~,. L~ ~ ~- ~. ~--~ ~ ~ ~ -~ ~ -~ .~ '~? - -, ~_. ~~ ~_} ~ ~ ~ ~ ~ ~ N © ~c~~ {} • TONYA RAE AIRESMAN , : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY TRAVIS SPRIGGS , Defendant. : NO. 07-4925 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this day of , 2007, between Tonya Rae Airesman ,hereinafter Mother, and Travis Spriggs ,hereinafter Father, concerns the custody of their children: Tremayne Spriggs, born March 2, 2002 and DeShawn Spriggs born May 26, 2003. Mother and Father desire to enter into an agreement as to the custody of their children. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the children. The parties agree that major decisions concerning their children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day- to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as follows: a. Weekend Schedule i. Mother shall have the children every other weekend starting Friday, November 23, 2007. Mother's weekends shall coincide with her pay weeks. ii. The exchange of the children will occur in the Breezewood, Pennsylvania Sheetz parking lot at 7:00 p.m. Friday evenings and the children shall be returned to the same location at 7:00 p.m. on Sunday evening. iii. Should one party not be able to be present for the custody exchange, that party is to notify the other party of the delay by 1:00 p.m. on the day of drop off or pick up. If the delay in reaching the exchange location is a result of traffic or other matter that occurs on the way to the exchange, the receiving party shall be notified as quickly as possible. iv. The parties will work to ensure that the children are not scheduled for activities on Mother's weekends of partial custody but if the children or a child be unavailable due to extra-curricular activities, Father will inform Mother and the parties shall arrange a different pick up time. b. Holiday Schedule i. Mother shall have the children every Mother's Day for the entire weekend beginning at 7:00 p.m. on Friday evening and ending at 7:04 p.m. on Sunday evening. ii. Father shall have the children every Father's Day for the entire weekend beginning at 7:00 p.m. on Friday evening and ending at 7:00 p.m. on Sunday evening. iii. Mother and Father shall share Memorial Day, the 4th of July and Labor Day by mutual agreement. iv. Mother and Father shall alternate Christmas as follows: 1. In odd years, Father shall have the children for the Christmas holiday. a. Mother shall have the children this year from 7:00 p.m. December 21, 2007 until December 24, 2007 6:00 p.m., which is her regularly •. alternating weekend of custody plus time on Christmas Eve. b. Mother shall have an additional period of partial custody with the children from 7:00 p.m. on December 28, 2007 until December 30, 2007 at 7:00 p.m. c. In future odd-numbered years, the parties shall work together to ensure that Mother has additional time during the children's winter break surrounding the Christmas holiday in a manner similar to the 2007 schedule. 2. In even years Mother shall have the children for Christmas holiday. Mother's time for the Christmas holiday shall be similar in length to Father's Christmas holiday time in odd numbered years. a. In even-numbered years, the parties shall work together to ensure that Mother has some additional time with the children during their winter break. v. Mother and Father shall alternate Thanksgiving as follows: 1. In odd years Father shall have custody of the children. 2. In even years Mother shall have custody of the children. vi. Mother and Father shall alternate Easter as follows: 1. In even years, Father shall have custody of the children. 2. In odd years, Mother shall have custody of the children. 3. This arrangement can be changed by the parties upon mutual agreement. c. Summer Schedule i. Mother shall have the children every other weekend, according to her alternating weekend schedule. ii. For summer 2008, Mother shall have custody of the children for three 7-day periods following her regular weekend custodial period as follows: 1. Mother shall have the children from June 20, 2008 until June 30, 2008; 2. Mother shall have the children from July 18, 2008 until July 28, 2008; 3. Mother shall have the children from August 8, 2008 until August 18, 2008. 4. For the extended visits, Mother shall pick up the children Friday at 7 p.m. and return them on Monday at 7 p.m. All exchanges will take place at the Breezewood, Pennsylvania Sheetz parking lot. During regular alternating weekends without the extended visits, the ,. -. exchanges will be at the times and days set forth at Paragraph 3(a)(ii). 5. The parties shall work together to create, at a minimum, a similar schedule for future summers. If the parties wish to increase Mother's time during the summer months, they may do so by mutual agreement. iii. Parties can change these periods of extended summer custodial time by mutual agreement. 4. Mother and Father shall employ appropriate car seats/ restraints for the children during transportation. 5. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parties not agree on a schedule the custodial parent shall facilitate telephone contact between the non-custodial parent and the children before 8:30 p.m. 6. Father will continue the children's counseling including individual/ family counseling, with the parents participating upon the recommendation of the therapist/ counselor. 7. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 8. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or ,, _ . which may hamper the free and natural development of the children's love and respect for the other parent. 9. Father will send copies of school report cards and other school related information to Mother. Father will also keep Mother apprised of information regarding parent/teacher conferences, parent/teacher meetings and back-to- school nights. 10. Father will inform Mother of the name and contact information for Tremayne Spriggs' counselor. 11. Neither parent will allow the children to view or have contact with any movies(DVD or video that are above the rating of PG. 12. The Family Law Clinic has represented Father and Jessica Holst, Esquire has represented Mother in this custody matter. 13. The parties can alter this Order by mutual agreement in the absence of mutual agreement the terms of this Order shall control. . . 14. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. !i -~'~~ Ton Rae iresman, Plaintiff i Je o sq. Co nsel for the Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 Fax (717)243-8026 --- f ~~ ~ t _~ ~ ~ __ . _ ' Travis Sprigg ,Defendant ~~ Takara Strong Certified Legal Intern unsel for De ndant eg Riesmeyer, Esq. Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 {- ~ -.a , c~' ~ ~-~, ~: T = .~, ; ~':' +"* J ~ r-~i -n ti ~;~ -. _.._ , ;~ ~ 4 j , . `~ .. ~ r4 .K ~ j C~ -< a TONYA RAE AIltESMAN, Plaintiff v. TRAVIS SPRIGGS, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW N0.07-4925 IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tonya Rae Airesman, Plaintiff, to proceed in forma au ris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. sica olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 TONYA RAE AIRESMAN, Plaintiff v TRAVIS SPRIGGS, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-4925 IN CUSTODY PETITION FOR CONTEMPT Plaintiff, Tonya Airesman, by and through her counsel, MidPenn Legal Services, states the following: 1. Plaintiff, hereinafter referred to as Mother, resides at 129 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, hereinafter referred to as Father, is believed to reside at 1119 16~' Avenue, Altoona, Blair County, Pennsylvania 16601. 3. The above-named parties are the natural parents of Tremayne Spriggs, born March 2, 2002 and DeShawn Spriggs, born May 26, 2003. 4. The Honorable J. Wesley Oler, Jr., entered a prior Order in this matter, dated December 19, 2007. 5. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, grants the parties shared legal custody of the children. Father has primary physical custody with Mother having periods of temporary physical custody on alternating weekends from 7:00 p.m. on Friday until Sunday at 7:00 p.m. 6. Father has willfully disobeyed the current Order, and therefore is not acting in the children's best interests, in ways including, but not limited to, the following: a. Father has not allowed Mother to exercise her periods of partial custody since early 2008. b. Immediately after the entry of the December 19, 2007 Order, Father was in a car accident and did not have transportation to get the children to the exchange location. Consequently, Mother was unable to exercise her periods of custody. c. Between May 2008 and October 2008, since Mother did not have a permanent residence, Father did not allow Mother to see the children or have telephone contact with them. d. Since Mother obtained permanent housing in October 2008, Father has continued to refuse to allow Mother to exercise her periods of partial custody with the children and has also prohibited telephone contact between Mother and the children. e. Father has not kept Mother aware of the children's extracurricular activities and has provided Mother with no information that she would otherwise be entitled to, such as medical or educational information, inasmuch as the parties share legal custody of the children. f. Father has deliberately interfered with Mother's partial physical custody of the children. g. Father's interference with Mother's periods of partial physical custody negatively impacts Mother's attempt to maintain a healthy mother/child relationship with the children. WHEREFORE, Mother respectfully requests the following: a. That this Court find Father in contempt of the existing December 19, 2007, Court Order. b. That this matter be scheduled for custody conciliation. c. That Mother and Father continue to shaze legal custody of the children. d. That Father continue to have primary physical custody of the children. e. That Mother shall immediately reinstate her periods of temporary physical custody with the minor children in accordance with the schedule set forth in the December 19, 2007 Order. f. That Father immediately reinstate Mother's ability to have reasonable contact via telephone with the children when they aze in his custody. g. That Father immediately shall immediately provide with all information relevant to legal custody to which Mother is entitled such as child Gaze information, school information, doctor's visits, etc., in a timely manner. h. Any other relief this Court finds just and proper. submitted, Je~lca ~iolst, Esquire dPenn Legal Services 401 East Louther Street Cazlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Tonya Rae Airesman, verifies that the statements made in the above Petition for Contempt are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ~- Date: 8 ~ ~ ~OCI G `- _ Tonya Rae Airesman TONYA RAE AIltESMAN, Plaintiff v. TRAVIS SPRIGGS, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW N0.07-4925 IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff/Petitioner, Tonya Rae Airesman, hereby certify that I have served a copy of the forgoing Petition for Contempt by: U.S. First Class Mail to: Date: ~ ' ~N' 0°- Mr. Travis Spriggs 1119 16`~ Avenue Altoona, PA 16601 3h~~" I~olst,'~squire enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 Tonga Rae Airesman , IN TI-lE COURT Off' COMNSON PLEAS Plaintiff, : OF CUMBERLAND COUNTY, :PENNSYLVANIA v. :CIVIL ACTION -LAW : IN CUSTODY Travis Spriggs , Defendant. : No. 07-4925 CIVIL TERM ORDER OF COURT AND NOW, this~ay of , 2007, the Court accepts the parties' Custody Agreement signed , 2007 and enters as an Order of Court the following agreement: 1. Mother and Father shall share legal custody of the children. The parties agree that major decisions concerning their children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day- to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. 1-lowever, that parent shall inform the other of the emergenYy and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as follows: a. Weekend Schedule i. Mother shall have the children every other weekend starting Friday, November 23, 2007. Mother's weekends shall coincide with her pay weeks. ii. The exchange of the .children will occur in the Breezewood, Pennsylvania Sheetz parking lot at 7:00 p.m. Friday evenings and the children shall be returned to the same location at 7:00 p.m. on Sunday evening. iii. Should one party not be able to be present for the custody exchange, that party is to notify the other party of the delay by 1:00 p.m. on the day of drop off or pick up. If the delay in reaching the exchange location is a result of traffic or other matter that occurs on the way to the exchange, the receiving party shall be notified as quickly as possible. iii. The parties will work to ensure that the children are not scheduled for activities on Mother's weekends of partial custody but if the children or a child be unavailable due to extra-curricular activities, Father will inform Mother and the parties shall arrange a different pick up time. b. Holiday Schedule i. Mother shall have the children every Mother's Day for the entire t~~eekerd beginning at 7:00 p.m. on Friday ever~ing and ending at 7:00 p.m. on Sunday evening. ii. Father shall have the children every Father's Day for the entire weekend beginning at 7:00 p.m. on Friday evening and ending at 7:00 p.m. on Sunday evening. iii. Mother and Father shall share Memorial Day, the 4th of July and Labor Day by mutual agreement. iv. Mother and Father shall alternate Christmas as follows: 1. In odd years, Father shall have the children for the Christmas holiday. a. Mother shall have file children this year from 7:00 p.m. December 21, 2007 until December 24, 2007 7:00 p.m., which is her regularly alternating weekend of custody plus time on Christmas Eve. b. Mother shall have an additional period of partial custody with the children from 7:00 p.m. on December 2$, 2007 until December 30, 2007 at 7:00 p.m. c. In future odd-numbered years, the parties shall work together to ensure that Mother has additional time during the children's winter break surrounding the Christmas holiday irl a manner similar to the 2007 schedule. 2. In even years Mother shall have the children for Christmas holiday. Mother's time for the Christmas holiday shall be similar in length to Father's Christmas holiday time in odd numbered years. a. In even-numbered years, the parties shall work together to ensure that Mother has some additional time with the children during their winter break. v. Mother and Father shall alternate Thanksgiving as foilotivs: 1. In odd years Father shall have custody of the children. 2. In even years .Mother shall have custody of the children. vi. Mother and Father shall alternate Easter as follows: 1. In even years, Father shall have custody of the children. 2. In odd years, Mother shall ha~~e custody of the children. 3. This arrangement can be changed by the parties upon mutual agreement. c. Summer Schedule i. Mother shall have the children every other weekend, according to her alternating weekend schedule. ii. For summer 2008, Mother shall have custody of the children for three 7-day periods following her regular weekend custodial period as follows: 1. Mother shall have the children from June 20, 2008 until June 30, 2008; 2. Mother shall have the children from July 18, 2008 until July 28, 2008; 3. Mother shall have the children from August 8, 2008 until August 18, 2008. 4. For the extended visits, Mather shall pickup the children Frday at 7 p.m. and return them ors Monday at 7 p.m. All exchanges will take place at the Breezewood, Pennsylvania Sheetz parking lot. During regular alternating weekends without the extended visits, the exchanges will be at the times and days set forth at Paragraph 3(a)(ii). 5. The parties shall work tog°ther to create, at a minimum, a similar schedule for future summers. If the parties wish to increase Mother's time during the summer months, they may do so by mutual agreement. iii. Parties can change these periods of extended summer custodial time by mutual agreement. 4. Mother and Father shall employ appropriate car seats/ restraints for the children during transportation. 5. Telephone contact between the children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parties not agree on a schedule the custodial parent shall facilitate telephone contact between the non-custodial parent and the children before 8:30 p.m. 6. Father will continue the children's counseling including individual/ family counseling, with the parents participating upon the recommendation of the therapist/ counselor. 7. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 8. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 9. Father urill send copies of school report oards and other school related information to Mother. Father will also keep Mother apprised of information regarding parent/teacher conferences, parent/teacher meetings and back-to- school nights. 10. Father will inform Mother of the name and contact information for Tremayne Spriggs' counselor. 11. Neither parent will allow the children to view or have contact with any movies/DVD or video that are above the rating of PG. 12. The Family Law Clinic has represented Father and Jessica Holst, Esquire has represented Mother in this custody matter. 13. The parties can alter this Order by mutual agreement in the absence of mutual agreement the terms of this Order shall control. 14. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. BY THE COURT, . r.._:J Q~iy~y~ty.~ll L~.. r,. ~,~,rji ,~ s ~ .-,'A. ~, .\ t~'k~ ~~~+! 7'E(~~A11 LV+ ~ ~1lrt la ~~~~ ~~ „.c ~f :~. • .. .~n.i~L.'?+'6.1 q g: t~ ti~ ~ ~~~ ~~` zFP + w TONYA RAE AIRESMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS SPRIGGS DEFENDANT • 2007-4925 CIVIL ACT10N LAW IN CUSTODY ORDER OF COURT AND NOW, ___ Tuesday, August 18, 2009 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at__ _ 4th Floor, Cumberland_Count~Courthouse, Carlisle_ on Thursday, September 24, 2009 at 8:30 AM for aPre-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 COU~R"h, By: _ lsl ___,Lohn~ Ma~anL.jr•, Es . _ ___ ___ 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 THtS PAPER TO YOUR A"fTORNEY AT ONCE. IF YOU DO NO"t HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHt7NE THE OFFICE SET FORTI~I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 3? South Bedt~~rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Fi~(J-~;;~~~r~c ,,.,~. ~ THE E'~s..~~~+~;'.,~~~Y 2~0~3 AUG f 8 P~ ~~ ( 3 AA~~~ ~L: l~~IvJ~'l.Vr'.i ~1~!'1 r r n=f/ ~, ~ /~ Gsy~' ~'~i ~,~,~-mot` ..~~.~_ Gr' ' /~~~~~~._~ ~,~^,~. '~. U SEP 2 8 2009 TONYA RAE AIRESMAN, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-4925 Civil Term TRAVIS SPRIGGS, Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER AND NOW, this day of September 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Orders in this case are hereby VACATED and replaced with this Order. Mother's petition for contempt is het~eby held in abeyance. 2. Legal Custody: The Mother, Tonya R. Airesman, and the Father, Travis Spriggs, shall enjoy shared legal custody of Tremayne Spriggs, born March 2, 2002 and DeShawn Spriggs, born May 26, 2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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: The Father shall have primary physical custody of Tremayne and DeShawn Spriggs subject to Mother's partial physical custody as follows: a. On Friday 10/02/09, Mother shall have physical custody of the Children from Friday 7:00 pm until Sunday 10/04/09 at 6:00 pm. b. The parties shall exchange custody at the Breezewood exit off of route 76 at the Sheetz store. c. Mother shall contact Father by noon on the day before the exchange to confirm that she is or is not going to meet at the designated time on Friday. d. Mother shall have additional periods of physical custody as the parties may agree. 4. Mother and Father shall ensure that appropriate car seats/restraints for the Children are used during transportation. 5. Reasonable telephone contact between Children and the non-custodial parent shall be liberal as agreed upon between the parties. 6. Holidays: The parties shall establish a holiday schedule at the scheduled conference with the conciliator absent mutual agreement otherwise. 7. Mother and Father shall not engage in any disparaging language with the Children that would negatively affect the Children's love and affection for the other parent. To the extent possible, Mother and Father shall not allow any disparaging conversation by third parties regarding the other parent. 8. In the event of a medial emergency, the custodial parent shall notify the other parent as soon as possible after the emergency is handled. 9. A conciliation conference with the assigned conciliator is hereby scheduled for October 8, 2009 at 3:30 pm at the Court of Common Pleas, Carlisle PA. Father may participate by phone. 10. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE,COURT, Distribution: ~dPenn Legal Services lie Family Law Clinic ~vhn J. Mangan, Esq. J J. TONYA RAE AIRESMAN, Plaintiff vs. TRAVIS SPRIGGS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COiJNTY, PENNSYLVANIA No. 07-4925 Civil 'Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tremayne Spriggs March 2, 2002 Father DeShawn Spriggs May 26, 2003 Father 2. A Conciliation Conference was held on September 7, 2007, an Order issued September 11, 2007, an Order regarding an agreement was issued December 19, 2007 and a conciliation conference was held September 24, 2009 regarding Mother's petition for contempt with the following individuals in attendance: The Mother, Tonya R. Airesman, with her counsel, MidPenn Legal Services The Father, Travis Spriggs, with his counsel, The Family Law Clinic 3. The parties agreed to the entry of an Order in the form as attached. GJ Date: r ~~~ ~~ C John ngan, Esquire Cu od Concilia.tor ~~.~"~ Z0~9 SEF 30 ~ 3= 32 ~CUtv~;~c~~ c~}t~Vy"Y P~ifv$Y~.1tMbA A t ..~ . t~ ~. TONYA RAE AIRESMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-4925 Civil Term TRAVIS SPRIGGS, Defendant :ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER AND NOW, this ~_ day of October 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Orders in this case are hereby VACATED and replaced with this Order. Mother's petition for contempt is hereby held in abeyance. 2. Leal Custody: The Mother, Tonya R. Airesman, and the Father, Travis Spriggs, shall enjoy shared legal custody of Tremayne Spriggs, born March 2, 2002 and DeShawn Spriggs, born May 26, 2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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: The Father shall have primary physical custody of Tremayne and DeShawn Spriggs subject to Mother's partial physical custody as follows: a. Mother shall have physical custody of the Children one weekend per month, (commencing the second Friday of every month), from Friday 7:00 pm until Sunday 10/04/09 at 6:00 pm. b. The parties shall exchange custody at the Breezewood exit off of route 76 at the Sheetz store. c. Mother shall contact Father by noon on the day before the exchange to confirm that she is or is not going to meet at the designated time on Friday. d. Mother shall have additional periods of physical custody as the parties may agree. 4. Mother and Father shall ensure that appropriate car seats/restraints for the Children are used during transportation. 5. Reasonable telephone contact between Children and the non-custodial parent shall be liberal as agreed upon between the parties. 6. Holidays: The parties shall establish a holiday schedule at the scheduled conference with the conciliator absent mutual agreement otherwise. 7. Mother and Father shall not engage in any disparaging language with the Children that would negatively affect the Children's love and affection for the other parent. To the extent possible, Mother and Father shall not allow any disparaging conversation by third parties regarding the other parent. 8. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as possible after the emergency is handled. 9. A conciliation conference with the assigned conciliator is hereby scheduled for December 15 2009 at 9:00 am at the Court of Common Pleas, Carlisle, PA. Father may participate by phone. 10. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Distribution: MidPenn Legal Services The Family Law Clinic .c.~,pct,> !~-~-Q~~ ~O' 3°~ John J. Mangan, Esq. Ail ~~i=r~ E ~~ ~c , ~i_~T~;.,, ~{~TARY TONYA RAE AIRESMAN, Plaintiff vs. TRAVIS SPRIGGS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4925 Civil Term ACTION 1N CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currentl~in the Custody of Tremayne Spriggs March 2, 2002 Father DeShawn Spriggs May 26, 2003 Father 2. A Conciliation Conference was held on September 7, 2007, an Order issued September 11, 2007, an Order regarding an agreement was issued December 19, 2007 and a conciliation conference was held September 24, 2009, an Order issued September 29, 2009 and a status conference was held October 08, 2009 with the following individuals in attendance: The Mother, Tonya R. Airesman, without her counsel, MidPenn Legal Services The Father, Travis Spriggs, with his counsel, The Family Law Clinic 3. The parties agreed to the entry of an Order in the form as attached. f l~ ~ ~ c - ./' '~ - Date: Jo J. angan, Esquir C sto Conciliator v DEC 2 8 2009 TONYA RAE AIRESMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-4925 Civil Term TRAVIS SPRIGGS, Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER AND NOW, this ~ day of December 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Orders in this case are hereby VACATED and replaced with this Order. 2. Legal Custody: The Mother, Tonya R. Airesman, and the Father, Travis Spriggs, shall enjoy shared legal custody of Tremayne Spriggs, born March 2, 2002 and DeShawn Spriggs, born May 26, 2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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: The Father shall have primary physical custody of Tremayne and DeShawn Spriggs subject to Mother's partial physical custody as follows: a. Starting January 2010, Mother shall have physical custody of the Children one weekend per month, (commencing the second Friday of every month), from Friday 7:00 pm until Sunday at 6:00 pm. b. Starting January 2011, Mother shall have physical custody of the Children on alternating weekends from Friday 7:00 pm until Sunday 6:00 pm. c. The parties shall exchange custody at the Breezewood exit off of route 76 at the Sheetz store. d. Mother shall contact Father by noon on the day before the exchange to confirm that she is or is not going to meet at the designated time on Friday. e. Mother shall have additional periods of physical custody as the parties may agree. 4. Mother and Father shall ensure that appropriate car seats/restraints for the Children are used during transportation. 5. Reasonable telephone contact between Children and the non-custodial parent shall be liberal as agreed upon between the parties. 6. Holidays: The parties shall adhere to the holiday schedule as attached absent agreement otherwise. 7. Mother and Father shall not engage in any disparaging language with the Children that would negatively affect the Children's love and affection for the other parent. To the extent possible, Mother and Father shall not allow any disparaging conversation by third parties regarding the other parent. 8. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as possible after the emergency is handled. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. stribution: ,~'dPenn Legal Services ~e Family Law Clinic ~hn J. Mangan, Esq' ~ ~ Es r+~ ~~, gal cxt `Z.~'~ BY THE COURT ~~~ , J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN ~~ ODD ~~ Easter Father Mother Memorial Da Mother Father Inde endence Da Father Mother Labor Day Mother Father Thanks ivin Mother Father Christmas Block A From 12/21 7:00 pm until 12!24 6:00 pm and from 12/28 7:00 pm until 12/30 at 6:00 m Mother Father Christmas Block B From 12/24 6:00 m until 12/28 7:00 m Father Mother Mother's Da From 7 m Friday until Sunda 6 m Mother Mother Father's Da From 7 m Friday until Sunda 6 m Father Father TONYA RAE AIRESMAN, Plaintiff vs. TRAVIS SPRIGGS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4925 Civil Term ACTION 1N CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT 1N ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Tremayne Spriggs March 2, 2002 Father DeShawn Spriggs May 26, 2003 Father 2. A Conciliation Conference was held on September 7, 2007, an Order issued September 11, 2007, an Order regarding an agreement was issued December 19, 2007 and a conciliation conference was held September 24, 2009, an Order issued September 29, 2009, a status conference was held October 08, 2009, an Order was issued October 29, 2009 and a conciliation conference was held December 15, 2009 with the following individuals in attendance: The Mother, Tonya R. Airesman, via phone with her counsel, MidPenn Legal Services The Father, Travis Spriggs, via phone with his counsel, The Family Law Clinic 3. The parties agreed to the entry of an Order in the form as attached. Date: -2 r ---- John gan, Esquire Cust dy onciliator `''' ~r ~r ~- 6yr~`~ 1G~9C`t~~ 2~ ~i L~~ ~~ ~.%F'r~.... ~. .. .._ 1 l .