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HomeMy WebLinkAbout03-5269ANGELA K. ALLISON, Plaintiff VS. DARRYL L. BUTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, this 3rd day of October, 2003, come the Plaintiff, ANOELA K. ALLISON, by and through her Attorneys, the Law Offices of Pinskey & Foster, and file this Complaint for Custody and respectfully represent as follows: 1. The Plainfiffis ANGELA K. ALLISON, an adult individual, suijuris, who currently resides at 2202-C Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is DARRYL L. BUTLER, an adult individual, suijuris, whose last known address was at 4252 Wagon Wheel Court, Apartment No. 4, Harrisburg, Dauphin County, Pennsylvania, 17109. The Plaintiff and Defendant were never married and the child was born out of wedlock. 4. The Plaintiff and Defendant are the natural parents of the subject child of this custody petition, Keyarra D. Allison-Butler (presently two (2) years of age, born October 13, 2000.) 5. The Plaintiff seeks full legal and primary physical custody of the Parties' minor child, Keyarra D. Allison-Butler. 6. The aforementioned minor child was in the physical custody of the Plaintiff, natural mother unil the Defendant, natural father, abruptly removed said child fi.om daycare. The Defendant has not spoken with Plaintiff since removing said child fi.om daycare, nor has he informed Plaintiffwhere he and the child are residing. The last address the Defendant gave to the Plaintiff is the one in which he was residing, is indicated in Averment No. 2; however, the Plalnfiffdoes not know if the Defendant and the child are residing there. Defendant stated at the last Support Hearing that he would be moving from the address at 4252 Wagon Wheel Court, Apt#4, Harrisburg, PA. 7. Since birth, said child has lived at the following addresses with the following p~rsons: DATE Birth - 9/22/03 9/23/03 - present ADDRESS 2202-C Cedar Run Drive Camp Hill, PA 17011 Unknown CUSTODY Natural Mother and Half Sister Natural Father 8. The relationship of the Plaintiff in this Custody action to subject minor child is that of natural mother. The Plaintiff is single and currently resides with her two (2) minor daughters. 9. The relationship of the Defendant in the Custody action to subject minor child is that of natural father. The Defendant is currently single. 10. The Plaintiff, natural mother, had primary physical custody of said daughter until September 22, 2003, when the Defendant, natural father, abruptly removed said child fi.om daycare without the knowledge and/or consent of the Plaintiff, natural mother. 11. The Defendant has played a minimal role in the life of his daughter and has never had physical custody of said child. Defendant only visits with his daughter when he feels like seeing her. 12. The Plaintiff has not participated as parties or wimesses, or in any other capacity, in other litigation concerning the custody of the aforementioned minor child. 13. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of said minor child will be served by granting the relief requested because: a. Plaintiff/natural mother is well able to adequately provide for the continuing health, educational needs and general welfare of said child; b. The Plaintiff is concerned about the safety of her daughter for the Defendant had been abusive in the past to the natural mother. c. The Plaintiff is concerned about the mental and emotional well being of her daughter for she does not have a long-term relationship with the Defendant; rather the child is very close with her natural mother who was caring for her. d. The Plaintiffhas not seen her daughter since Defendant, natural father removed her from daycare on September 22, 2003. e. It is in the best interest of the child generally that primary legal and physical custody be granted to the child's natural mother, Angela K. Allison, Plaintiff herein. WHEREFORE, Plaintiff, ANGELA K. ALLISON, request this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order granting primary legal and physical custody of said minor child, KEYARRA D. ALLISON-BUTLER, to the PLAINTIFF, ANGELA K. ALLISON. October 3, 2003 Peter B. Foster Attorney for Plaintiff Pinskey & Foster 121 South Slxeet Harrisburg, PA 17101 (717) 234-9321 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. October 3, 2003 Angel~t K. Allison VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. October 3, 2003 Angel~[ K. Allison ANGELA K. ALLISON, Plaintiff/Petitioner DARRYL L. BUTLER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 6 03 J '-77,-- CIVIL ACTION - CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, this 3rd day of October, 2003, come the Petitioners, ANGELA K. ALLISON, by and through her Attorneys, the Law Offices of Pinskey & Foster, and file this Emergency Petition for Special Relief and respectfully represent as follows: 1. The Petitioner is, ANGELA K. ALLISON, an adult individual, suijuris, who currently resides at 2202-C Cedar Run Drive, Cumberland County, Pennsylvania, 17011. The Petitioner is the Plaintiff in the Complaint for Custody which was filed simultaneously with this Petition. (Said Complaint is attached hereto and marked Exhibit "A"). 2. The Respondent is DARRYL L. BUTLER, an adult individual, suijuris, whose last known address was 4252 Wagon Wheel Court, Apartment No. 4, Harrisburg, Dauphin County, Pennsylvania, 17050. The Respondent is the Defendant in the Complaim for Custody. 3. The Petitioner and Respondent were never married and the child was bom out of wedlock. 4. The Petitioner and Respondent are the natural parents of the subject child of this custody petition, Keyarra D. Allison-Butler (presently two (2) years of age, bom October 13, 2000.) 5. The Petitioner, natural mother, has full primary physical custody of her daughter until September 22, 2003, when the Defendant, natural father, abruptly snatched said child fi'om daycare without the knowledge and/or consent of the Plaintiff, natural mother and in violation of Magic Years Childcare and Learning Center's Regulations. 6. From Keyarra's birth, the Petitioner has been the only custodial parent. The Respondent has played no role of substance in the life of his daughter; visits his daughter as he wants; and has no parental skills. 7. The Petitioner is gravely concerned about the safety and welfare of her daughter for the following reasons: a) The child has been taken by her father, with whom she has had no relationship and whom she is scared to be with for any substantial period of time. Although, mother encourages visits by father, father did not request same, and only snatched daughter as a result of mother filing for support. Accordingly, the child has been taken from her mother, whom has been her primaxy care taker since birth. b) The Respondent has been abusive in the past to the natural mother. c) The Respondent has not spoken to the Petitioner, the natural mother, and has not advised her as to where he and the child are residing. In fact, the Petitioner believes that the Respondent is transiem. The Petitioner has not seen said daughter since the Respondent abruptly snatched the child from a Daycare Center. d) Respondent's history of erratic and impulsive behavior evidences an immediate danger to the safety and best interests of the child. WHEREFORE, Petitioner, respectfully requests this Cout~ enter a tern932 lporary Ex Parte Order and Order after Hearing has sole and exclusive custody of the parties' minor child. October 3,2003 ~9~ ~~ Peter B. Foster Attorney for Defendant Pinskey & Foster 121 South St Harrisburg, PA 17101 (717) 234 ANGELA K. ALLISON, Plaimiff VS. DARRYL L. BUTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of ,2003, upon consideration of the attached Complaim, it is hereby dkected that the parties and their respective counsel appear before , the conciliator, at on the day of ,2003, at .m., for a Pm-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. FORTHECOURT, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information aborn 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. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Telephone: (717) 249 ANGELA K. ALLISON, Plaintiff/Petitioner DARRYL L. BUTLER, DefendanffRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of October, 2003, upon the presentation and consideration of the Petitioner's, .ANGELA K. ALLISON, Emergency Petition for Special Relief, OM~d and De~od that tho status quo bo nmiat~,,~d ~LIBON, ~l l~v~ p~ pnysm~ custody o~ ~ey~ u. Amson-~uuer, ~m Uetob~ 13~ -~9~ til~ ~o~ordc, ~t. . ANGELA K. ALLISON : PLAINTIFF : DARRYL L. BUTLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5269 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, _ Wednesday, October 08, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greev~, Esq. , thc conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, November 10, 2003 at 12:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc accomplished, to define and narrow thc issues to be heard by the court, and to enter into a temporary order. All children age five or older may also bc present at the conference. Failure to appear at thc conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Gree.vy, 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 ATTOPdqEY AT ONCE. IF YOU DO NOT }lAVE 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) 249-13166 ANGELA K. ALLISON, : Plaintiff/Petitioner : : v. : : DARRYL L. BUTLER, : Defendant/Respondent : IN THE COURT[ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5269 CIVIL TERM CIVIL ACTION - CUSTODY IN RE: PETITION FOR SPECIAl, RELIEF ORDER OF COURT AND NOW, this 9th day of October, 2003, after consultation with the parties, we enter the following Order which is deemed to be temporary in nature and in no way reflects what the best interests of the child may be after full hearing on the merits. The Order shall be in place pending conciliation in this matter and is as follows: 1. The parties shall have joint legal custody of their daughter, Keyarra D. Allison-Butler., born October 13, 2000. 2. Mother shall have primary physical custody of thel child subject to periods of partial custody in Father every otheri weekend from Friday at 4:30 p.m. until Sunday at 6:00 p.m., commencing Friday, October 17, 2003. Father shall commence visitation by picking the child up at daycare at 4:30 p.m. on Fridays. Father shall deliver the child to Mother at the Burger King near the Capital City Mall in Lower Allen Township at the conclusion of visitation. Edward E. Guido, J. ~eter B. Foster, Esquire For Plaintiff/Petitioner ~.~ %/Darryl L. Butler Defendant/Respondent, Pro se ! ~5 srs IO'lO'O' . . SHERIFF'S RETURN CASE NO: 2003-05269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAi~E, ALLISON ANGELA K VS BUTLER DARRYL L - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named RESPONDANT BUTLER DARRYL L but was unable to locate Him deputized the sheriff of DAUPHIN serve the within ORDER OF COURT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, He therefore Pennsylvania, to On October 15th , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 10/15/2003 PINSKEY & FOSTER Sworn and subscribed to before me this ~/t~% day of(~ A.D. Prothonot a~ry this office was in receipt of the Sheriff of Cumberland County The Court of Common Pleas of Cumberland County, Pennsylvania Angela K. Allison VS. Darryl L. Butler Now, 10/6/03 No. 2003-5269 Civil ~Order of Court~ Petitio for Emergency Relief~Complaint in Custody , I, SHERIFF OF CUMBERI,AND COUNTY, PA, do hereby deputize the Shefiffof Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, within ,20 , at o'clock __ M. served the upon at by handing to and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AITDNOWtOctober 7, ORDER OF COURT BUTLER DARRYL L to DEF 2003 of the original ORDER OF COURT to him/her the contents thereof at 4248 WAGON WHEEL COURT APT F HARRISBURG, PA : ALLISON ANGELA K vs : BUTLER DARRYL L Sheriff's Return No. 2622-T - -2003 OTHER COUNTY NO. 2003 5269 at 5:30PM served the within upon by personally handing 1 true attested copy(les) and making known 17109-0000 Sworn and subscribed to before me this 7TH day of OCTOBER, 2003 PROTHONOTARY So ~swers, Sheriff of a. D~y Sheriff Sheriff's Costs: $25.50 PD 10/06/2003 RCPT NO 183421 E TORO ANGELA K. ALLISON, Plaintiff V. DARRYL L. BUTLER, Defendant N~4 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5269 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- TEMPORARY ORDER OF COURT AND NOW, this ~ day of November, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Mother, Angela K. Allison, and the Father, Darryl L. Butler, shall have shared legal custody of the minor child, Keyarra D. Allison-Butler, born October 13, 2000. 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 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence November 14, 2003, on alternating weekends, from Friday at 4:30 p.m. until Monday morning when the child is returned to the daycare center by 6:00 a.m. 3. Holidays. The parties will alternate the following holidays beginning with Mother having custody for Thanksgiving 2003: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. The custodial period for these holidays shall be from 6:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday, unless otherwise agreed by the parties or except as otherwise stated herein. Holidays shall take precedence over the ordinary schedule. NO. 03-5269 CIVIL TERM For Thanksgiving 2003, Father's custodial time shall commence on November 27, 2003 at 5:00 p.m. and continue throughout his regular custodial weekend. 4. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m until December 26th at 8:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. in even-numbered years, Father shall have Segment A and Mother shall have Segment B. For Christmas 2003, Father's custodial time shall commence December 25th at 2:00 p.m. and continue throughout his custodial weekend. 5. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. The custodial time for this holiday shall be from 6:00 p.m. Saturday until 6:00 p.m. Sunday. 6. Transportation. Custodial exchanges which do not occur with the pick-up or drop-off of the child at the daycare center shall occur at the parking lot of the Lower Alien Township Police Department on Hummel Avenue in Camp Hill. 7. Vacation. Each party shall be entitled to one (1) week of custody for purposes of vacation during the summer. The period of custody shall include the vacationing parent's normal custodial weekend. The parties shall provide each other with thirty (30) days written notice as to their intended vacation plans. In the event of a scheduling conflict, the party first providing written notice to the other party shall have choice of vacation time. 8. The Custody Conciliation Conference shall reconvene on April 5, 2004, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that the parties will consider an expansion of time for Father during summer vacation. BY TH~ Edward E. Guido, J. Dist: Peter B. Foster, Esquire, 121 South Street, Harrisburg, PA 17101 Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013''-'~r''~'u'~ ANGELA K. ALLISON, Plaintiff V. DARRYL L. BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5269 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 Keyarra D. Allison-Butler DATE OF BIRTH CURRENTLY IN THE CUSTODY OF October 13, 2000 Mother 2. The parties had their first Custody Conciliation Conference on November 10, 2003 with the following individuals in attendance: the Mother, Angela K. Allison, and her counsel, Peter B. Foster, Esquire; the Father, Darryl L. Butler, and his counsel, Jessica Diamondstone, Esquire. 3. The parties worked diligently to reach an agreement for a temporary order in the form as attached. 4. Upon request of counsel for the Plaintiff and without objection for counsel for the Defendant, an uncertified copy of the Dauphin County, Criminal Division, Court of Common Pleas docket for Case Nos. 1400 CD 1998 and 1401 CD 1998 is being provided to the Prothonotary to make part of the record in this matter/,---1 Date ( Meli~sa-Peel~reevy, Esqu(re k Custody Conciliator :220791 t~B BUTLER~ DAERYL L IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY-CRIMINAL-DIVISION DDRESS 1618 SWATARA STREET HARRISBURG PA 17104 MAY 6, 1998 R TN F 098990-3 B s M DOB 5-22-77 .S.# 211 -- 48 -- 3451 CASE#1400 CD 1998 CHARGE 19 98 OATH OF WALTER B COY HPD BAIL 4-25-98 ROR Notice of Formal Arraignment 4-28v98 ACT45/BMS ACT59/JCP ACT121/EMS ACT157/DV ACT158/PF ACT167/JPI STATE FINE JUSTICE CO CLERKS CTS. FEE DiST A'ITY. FEE SHERIFF'S FEE CERTIFICATION ARD FEE PRISON DUI DRUG & ALCH. DUI CRN TEST DUtSCHOOL CONSTABLE CAPIAS TOTAL IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY-CRIMINAL-DIVISION 19 98 AME BUTLER, DARRYL L CASE#. 1401 CD 1991 219 N 14TH STREET DDRESS HARRISBURG PA 17104 OATROF WALTER B COY MAY 6~ 1998 F 073945-4 HPD BAll. i__O-.2_5-_9_7_BONDSMAN R MARCUS No[ice of Formal Arraignment 4-28-98 B s M DOB 5-22-77 211 -- 48 -- 3451 ARRAIGNMENT DEFENDENT REQUESTS JURY COURT QP TRIAL SET FOR '--, -~. ' " ..,..) ~..' -- ~' ' ~ ~' ' LI /) d _ / '/ - / - ~ '~' · JUSTICE STEWART ACT 14 / DNA ACT 24 / CAT ACT 35 / CVC ACT 35 / CC ACT 45 / EMS ACT 59 ! JCP ACT 121 / EMS ACT 140 / PSP LAB ACT 157 ! DV ACT 158 / PF ACT 167 / JPI TOTAL ANGELA K. ALLISON, Plaintiff V, DARRYL L. BUTLER, Defendant APR 3 0 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5269 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- TEMPORARY ORDER OF COURT AND NOW, this ,~°" day of/~'i,1~2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The Mother, Angela K. Alliison, and the Father, Darryl L. Butler, shall have shared legal custody of the minor child, Keyarra D. Allison-Butler, born October 13, 2000. 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 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective April 16, 2004, on alternating weekends, from Friday at 4:30 p.m. until Monday morning when the child is returned to the daycare center by 8:00 a.m. B. Effective April 13, 2004, on alternating Tuesdays, from 3:00 p.m. until Wednesday morning at 8:00 a.m. when the child is returned to the daycare center. C. And at such other times as the parties agree. NO. 03-5269 CIVIL TERM 3. Holidays. The parties will alternate the following holidays beginning with Mother having custody for Easter 2004: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. The custodial period for these holidays shall be from 6:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday, unless otherwise agreed by the parties or except as otherwise stated herein. Holidays shall take precedence over the ordinary schedule. 4. Christmas. Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 8:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. 5. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. The custodial time for this holiday shall be from 6:00 p.m. Saturday until 6:00 p.m. Sunday. 6. Transportation. Custodial exchanges which ,do not occur with the pick-up or drop-off of the child at the daycare center shall occur at the parking lot of the Lower Allen Township Police Department on Hummel Avenue in Camp Hill. 7. Vacation. Each party shall be entitled to one (1) week of custody for purposes of vacation during the summer. The period of custody shall include the vacationing parent's normal custodial weekend. The parties shall provide each other with thirty (30) days written notice as to their intended vacation plans. In the event of a scheduling conflict, the party first providing written notice to the other party shall have choice of vacation time. 8. Within forty-five (45) days of this Order, the parties will attend a Seminar for Separating Families and shall file a certificate of attendance with the Prothonotary prior to the next Custody Conciliation Conference. 9. The Custody Conciliation Conference shall reconvene on July 22, 2004, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE~ Edward E. Guido, J. Dist: Penn Legal Services, 8 Irvine Row, Carlisle, PA 17013 nraCe D'AIo, Esquire, 8 Irvine Row, Carlisle, PA 17013 gela K. Allison, 2202 C, Cedar Run Dr've, Camp Hill, PA 17011 ANGELA K. ALLISON, Plaintiff V. DARRYL L. BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5269 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 Keyarra D. Allison-Butler DATE OF BIRTH CURRFNTLY IN THE CUSTODY OF October 13, 2000 Mother 2. The parties had their second Custody Conciliation Conference on April 5, 2004 with the following individuals in attendance: the Mother, Angela K. Allison, attended pro se, Esquire; the Father, Darryl L. Butler, and his counsel, Grace D'AIo, Esquire. 3. The parties reach an agreement for a tempora~/p~i~ the form as attached. Date Melissa Peel Greevy, Esquire ' Custody Conciliator :226680 ANGELA K. ALLISON, Plaintiff V, DARRYL L. BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5269 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ^.o .ow, th s o.oE. OF COU. day of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~. The Mother, Angeia K. Allison, has legal custody of the minor child, Keyarra D. Allison-Butler, born October 13, 2000. 2. ~. Mother shall have primary physical custody of the minor child. Father's rights of partial custody provided under this Court's Order of May 5, 2004, as provided in paragraphs 2, 3, 4, 5, and 7, are hereby suspended. 3. In the event that Father desires partial custody or visitation, upon his proper petition, a Custody Conciliation Conference will be scheduled in due course. In the event that Father re-initiates periods of partial custody or visitatio~n of the child, it is expected that he will have completed the Seminar for Separating Families and have filed the required certificate of his attendance with the Prothonotary prior to the date of the next Custody Conciliation Conference. 4. Counsel for Mother shall serve the Father with a copy of this Order at his last known address. Edward E. Guido, J. Dist: Grace D'AIo, Esquire 8 Irvine Row, Carlisle, PA 17013 1t ~ Angela K. Allison, 2202 C, Cedar Run Drive, Camp Hill, PA 1701 ~ ~ :232633 J ~-~ ' ~ ~) ~ JUL 2 7 2004' ANGELA K. ALLISON, Plaintiff V. DARRYL L. BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL~,ND COUNTY, PENNSYLVANIA : NIO. 03-5269 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 Keyarra D. Allison-Butler DATE OF BIRTH CURRENTLY IN THE CUSTODY OF October 13, 2000 Ivlother 2. The parties had their third Custody Conciliation Conference scheduled for July 22, 2004. The following individuals were in attendance: the Mother, Angela K. Allison, attended pro se. The Father, Darryl L. Butler, did not at, lend. His counsel, Grace D'AIo, Esquire, from Mid-Penn Legal Services called prior to the conference and indicated that she did not know whether he would attend and that she would not attend. Jessica Diamondstone, Esquire, attended the conference on Father's behalf, as she was here for a prior conference. 3. Father's position was not known as he did not attend the conference and Ms. Diamondstone had not had contact with him recently. Therefore, his counsel from Mid-Penn Legal Services had no authority to agree or disagree with any changes to the Order. 4. Mother's position is as follows: Mother reported that Father's last contact with the child was when he dropped her off on April 27, 2004. She has had no contact with him since except for a message on her answering machine -qt home. Mother brought a tape recorder and played a message which was marked by the machine as having been left on April 29, 2004. The tape was played. A male voice stated that he would not be coming to get (her) anymore. Part of the tape was difficult to understand but may have said that he couldn't do it anymore. Mother produced a Certificate dated May 15, 2004 indicating that she had attended the seminar for separating families. Mother also produced a letter dated July 19, 2004 from the daycare center that the child attends. The letter indicated that Father had not been coming to the daycare center since April, 2004 and that since that time the NO. 03-5269 CIVIL TERM only person picking up or dropping off the child was the Plaintiff/Mother. Mother requested the Order be modified to suspend Father's contact because she believes it would not be good for the four-year old to not have contact with Father for a period of months and then have him have the right to appear unannounced to pick up the child at the daycare center and attempt to exercise the rights under the present Order. 5. Because Father did not attend and his Counsel did not have authority to reach any agreements with Mother, the Conciliator provides a recommended Order in the form as attached. Date Custody Conciliator :232633