Loading...
HomeMy WebLinkAbout03-5820CASSANDRA L. COLSON, Plaintiff RYAN W. COLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : IN CUSTODY : No. COMPLAINT FOR CUSTODY 1. The plaintiff is Cassandra L. Colson, residing at 529 North Pitt Street, Carlisle, Cumberland County, PA 17013. 2. The defendant is Ryan W. Colson, residing at 924 Bumhouse Road, Carlisle, Cumberland County, PA 17013. 3. Plaintiff seeks custody of the following child: Name Orion M. Colson Present Residence 924 Burnhouse Road Carlisle, PA 17013 2 years (DOB 6/06/01) The child was bom in wedlock. The child is presently in the custody of Ryan W. Colson, who resides at 924 Bumhouse Road, Carlisle, PA 17013. During the past five years, the child has resided with the following persons and at the following addresses: Individuals Ryan W. Colson (and unknown individuals) Address 924 Bumhouse Road Carlisle, PA 17013 Date 10/19/03 - present Cassandra L. Colson Patience R, Fetter Ryan W. Colson (and unknown individuals) Cassandra L. Colson Patience R. Fetter Cassandra L. Colson Ryan W. Colson Patience R. Fetter Cassandra L. Colson Ryan W. Colson Patience R. Fetter Cassandra L. Colson Ryan W. Colson Patience R. Fetter Cassandra L. Colson Ryan W. Colson Patience R. Fetter 529 North Pitt Street Carlisle, PA 17013 924 Burnhouse Road Carlisle, PA 17013 529 North Pitt Street Carlisle, PA 17013 529 North Pitt Street Carlisle, PA 17013 419 East Henderson Street East Spencer, NC Crown Point Place Apartments Salisbury, NC 64 Marilyn Drive Carlisle, PA 17013 9/15/03 - 10/19/03 8/03-9/15/03 5/03-8/03 3/02-5/03 10/01-3/02 9/01-10/01 6/06/01-9/01 The mother of the child is Cassandra L. Colson, currently residing at 529 North Pitt Street, Carlisle, PA 17013. She is married. The father of the child is Ryan W. Colson, currently residing at 924 Burnhouse Road, Carlisle, PA 17013. He is married. 4. The relationship ofplaintiffto the child is that of mother. The plaintiffcurrently resides with the following persons: Name Relationship Patience R. Fetter Daughter 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Unknown Girlfriend and her three children 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know ora person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff is best able to provide the care and nurturing which the child needs for healthy development; b) Plaintiffprovides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) Plaintiff is willing to accept custody of the child; d) Plaintiff exercises parental duties and enjoys the love and affection of the child; e) Plaintiff is the parent most likely to encourage the child's relationship with the other parent. When Defendant had the child in his care temporarily from August, 2003 to September l 5, 2003, he restricted Plaintiff's contact with the child, allowing her to see the two-year-old child only once during the nearly seven-week period. Currently, Defendant is again preventing Plaintiff from having any contact with the child. In mid-September, the parties agreed in writing that the child would be in Defendant's care from Sunday to Wednesday each week and that the child would be in PIaintifl's care at all other times. Defendant picked up the child on Sunday, October 19, 2003. Plaintiffhad telephoned Defendant and asked him to keep their child until Thursday, October 23, 2003, as Plaintiffwas ill. Defendant has not returned the child to Plaintiff as agreed, nor has he responded to her attempts to contact him. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action, WHEREFORE, Plaintiffrequests that the Court grant shared legal and primary physical custody o£the child to her. November 6~ , 2003 AlysiarL. Hudock Certified Legal Intern ACE 41J ROBERT E. RAiNS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. I tmderstand that false statements herein am made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Cassandra L. Colson CASSANDRA L. COLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA RYAN W. COLSON, Defendant : CIVIL ACTION LAW 1N CUSTODY :No. PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Cassandra L. Colson, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Alys~ L. Hudock Certified Legal Intern ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 CASSANDRA L. COLSON PLAINTIFF V. RYAN W. COLSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5820 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, November 14, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 11, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, m~d 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 TIlE COURT, By: Is~ Httbert X. C-ilroy, Esq. Custody Concil:[ator 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 bearing or business befbre 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 170 l 3 Telephone (7]7) 249-3166 CASSANDRA L. COLSON, Plaintiff RYAN W. COLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : IN CUSTODY : : No. 03-5820 PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please reinstate the complaim in the above-captioned case. Alysig L. Hudock Certified Legal Intern TUO rp . PLACE ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff Dated: December 3, 2003 DEC 172003 CASSANDRA L. COLSON, Plaintiff V RYAN W. COLSON, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 2003 - 5820 CIVIL : IN CUSTODY CO~TO~ER AND..N. 0.W, this ~ day of December, 2003, upon consideration of the attached Custody Concd~ation Report, ~t ~s ordered and d~rected as follows· The Mother, Cassandra L. Colson, and the Father, Ryan W. Colson, shall enjoy shared legal and shared physical custody of Orion M. Colson, born June 6, 2001. 2. Physical custody shall handled as follows: Father shall have physical custody of the minor child from Sunday afternoon at 2:00 p.m. until Wednesday at 8:00 p.m. Mother shall have physical custody of the minor child from Wednesday at 8:00 p.m. until Sunday at 2:00 p.m. The parties may modify this schedule as they agree. Absent an agreement between the parties, the schedule set forth in Subparagraphs A and B above shall control. For the Christmas holiday 2003, Father shall have custody of the minor child on Christmas Eve at Noon until Noon on Christmas Day. Mother shall have custody of the minor child from Noon on Christmas Day until December 26th at Noon. The parties may modify this schedule as they agree. Absent an agreement, this schedule shall control. Upon Father retaining legal counsel to represent him in this case, Father's attorney may contact the conciliator directly to set up a telephone conference between Father's attorney, Mother's attorney and the conciliator at which time it will be determined if this case needs to be scheduled for a hearing before the court. CC: This is a temporary order entered based upon the conciliator's recommendation. Both parties reserve the right to advance different positions at a hearing in this case. Alysia L. Hudock Dickinson School of Law Family Law Clinic Ryan W. Colson 929 Burnthouse Road Carlisle, PA 17013 CASSANDRA L. COLSON, Plaintiff RYAN W. COLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 5820 CIVIL : IN CUSTODY Prior Judge: 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Orion M. Colson, born June 6, 2001. A Conciliation Conference was held on December 11, 2003, with the following individuals in attendance: The Mother, Cassandra L. Colson, with her representative, Alysia L. Hudock, of the Dickinson School of Law Family Law Clinic; and the Father, Ryan W. Colson, who appeared without counsel. The parties separated in the spring of 2003, and there was a time thereafter when the child was cared for by the babysitter rather than either party. The parties have a little bit of a checkered history over those months with the Father hospitalized and the Mother in a financial difficulty whereby she could not care for the child. In September of this year, the parties reached an agreement in writing to the effect that Father would have custody of the minor child from Sunday through Wednesday and Mother would have the child the rest of the time. In October, Father developed concerns with respect to Mother's ability to care for the child at which time Father stopped delivering the child to the Mother. Mother's position is that the shared custody arrangement as set forth in the September Agreement should be maintained. Father's position is that Mother is not properly caring for the child when the child is in Mother's case, and it is for that reason Father should be primary custodian. Father was given the option of having the matter immediately scheduled for a hearing or delayed until Father had an opportunity to retain counsel at which time legal counsel for the Father could contact the conciliator directly. Father elected to delay the scheduling of a hearing until he retained an attorney. The conciliator is inclined to maintain the status quo which appears to be consistent with what the parties agreed to in September of this year. The conciliator will also address the Christmas holiday in a recommended order. 6. The conciliator recommends the entry of an order in the form as attached. · Gd.r..oy, Es~ire Custody Conclliat~ CASSANDRA L. COLSON, Plaintiff RYAN W. COLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : IN CUSTODY : : No. 03-5820 _PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce Complaint on the Defendant by placing the same in the U.S. Mail, certified no. 7000 1670 0001 8781 9982, restricted delivery, return receipt requested, postage prepaid, on the 24th day of November, 2003, addressed as follows: Ryan W. Colson 929 Bumhouse Road CarliSle, Pa 17013 ender s receipt number 7000 1670 0001 8781 9982 is attached hereto and incorporated by reference. On or about the 1 Ith day of December, 2003, green return receipt number 7000 1670 0001 8781 9982 was delivered to the Family Law Clinic, bearing the signature ofRyan W. Colson, and showing a date of service of the l0th of December, 2003. The return receipt is attached hereto and incorporated by reference. Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St Carlisle, PA 17013 (717) 342-2968 · Complete items 1, 2, and 3. Aisc con,,,,.~e item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Received I~y (Ple~ase Prtnt Clearly) 3. Date of Delivery I ~ r"l Agent ~ [] Addressee deliver teml? r-1 Yes YES, enter delivery address b,elow: [] No S rvice Type 3. ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Dellvery? (Extra Fe~ ~ yes 2. Article Number (Copy from service labet) qooo 1 ,7o 0oo I PS Fo~m 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 FANIL-y LA~I CLZNIC 45 ~1o ~ZTT STREET CARLXSLE, PA 17013 CASSANDRA L. COLSON PLAIN~FF V. RYAN W. COLSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5820 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear be~bre Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 31, 2004 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt will be made to resolve the issues in disputel 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 hearinl~. FOR THE COURT~ By: /s/ ]acqueline M. Verney. Esq, Custody Conciliator rnhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A'ITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN G ...... EI LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CASSANDRA L. COLSON, Plaintiff V. RYAN W. COLSON, Defendant ~FP 01 2004~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-5820 CIVIL TERM : IN CUSTODY ,ORDER OF COURT ANDNOW, this r~ dayof ~A.~ ,2004, upon consideration of the attach'ed Custody Cone~lia~ion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courl, Room No. County Court House, on the [~))l:~ day of~--, -' of the C,.u~n_ berland _ 2004, at o'clock, D · M., at which time testimony will be taken. For purposes of this Hearing, the Father 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 the Hearing date. 2. The prior Order of Court dated December 17, 2003 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Ryan W. Colson, and the M ' other, Cassandra L. Colson shall have shared legal custody of Orion Moon Colson, bom June 6, 2001. 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. schedule: The parties shall share physical custody of the child on the following A. Father shall have physical custody of the child from Sunday at 11:00 a.m. to Wednesday at 5:00 p.m. B. Mother shall have physical custody of the chi[Id from Wednesday at 5:00 p.m. to Sunday at 11:00 a.m. 5. Father shall have physical custody of the child on Thanksgiving from 9:00 a.m. to 5:00 p.m. 6. The Christmas holiday shall be divided into. two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have physical custody of the child for Block A in odd numbered numbered years. Mother shall ,,h,,~:~ ....... ye, ars a~nd Block B in even numbered years and Block B have ;e,,z,*x~,m cu~touy of the cmld for Block A in even in odd numbered years. 6. Mother shall have custody of the child on _M, other,s D y from 9:00 a.m. to 5:00 p.m. Father shall have custody of the child on Father s Day from 9:00 a.m. to 5:00 p.m. 7. Each parent shall be entitled to 10 uninterrupted days of physical custody of the child in the summer, provided they give the other party 30 days prior notice. 8. Transportation shall be shared such that the delivering party shall transport. 10. Donald Greth. The parties shall participate in co-parenting counseling. Mother shall insure that the child have no tmsupervised contact with 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cciA~athan C. Wolf, Esquire, counsel for Father ~Oeoffrey Biringer, Esquire, counsel for Mother, Mid Penn Legal Services CASSANDRA L. COLSON, Plaintiff V. RYAN W. COLSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND 'COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-5820 CIIVIL TERM IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, J. _CUSTODY CONCILIATION SUMMARY REPOR IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits thc following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: _NAME _DATE OF BIRTH .CURRENTLY IN CUSTODY OF Orion Moon Colson June 6, 2001 shared 2. A Conciliation Conference was held on August 31, 2004 with the following individuals in attendance: The Father, Ryan W. Colson, with his counsel, Nathan C. Wolf, Esquire, and the Mother, Cassandra L. Colson, with her counsel, Geoffrey Biringer, Esquire, Mid Penn Legal Services. 3. The Court previously entered an Order on December 17, 2003 providing for shared legal and shared physical custody. Father filed a Petition for Modification based on Mother's association with an individual with a criminal history for lewdness relating to his diagnosis of Tourette's Syndrome. 4. athers position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having an alternating weekend schedule. Father maintains that in addition to concerns over Mother's association with an individual with a criminal history, Mother's level of care for the child is lacking;. 5. Mother's position on custody is as follows: Mother is satisfied with the status quo of shared physical custody. She asserts she provides appropriate care for the child and no longer associates with the individual in question. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody and shared physical custody. It is expected that the Hearing will require one day. Date ~cqu~/4ne M. Vemey, Esquire Custody Conciliator 2004 CASSANDRA L. COLSON, Plaintiff V. RYAN W. COLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 2003-5820 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ day of ~¢X~ ,2004, upon consideration of the attached Custody Cone/ilia~ion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courl, Room No. ~ , of the Cumberland County Court House, on the [~)~4:~ day of~,~;~r~LL. , 2004, at I: '~O o'clock, D · M., at which time testimony will be taken. For purposes of this Hearing, the Father 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 the Hearing date. 2. The prior Order of Court dated December 17, 2003 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Ryan W. Colson, and the Mother, Cassandra L. Colson shall have shared legal custody of Orion Moon Colson, bom June 6, 2001. 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. schedule: The parties shall share physical custody of the child on the following A. Father shall have physical custody of the child from Sunday at 11:00 a.m. to Wednesday at 5:00 p.m. B. Mother shall have physical custody e. fthe child from Wednesday at 5:00 p.m. to Sunday at 11:00 a.m. 5. Father shall have physical custody of the child on Thanksgiving from 9:00 a.m. to 5:00 p.m. 6. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. Mother shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. 6. Mother shall have custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. 7. Each parent shall be entitled to 10 uninterrupted days of physical custody of the child in the summer, provided they give the other party 30 days prior notice. transport. Transportation shall be shared such that the delivering party shall 9. The parties shall participate in co-parenting counseling. 10. Mother shall insure that the child have no unsupervised contact with Donald Greth. 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Ed~ ~~7 THECOU cccl~athan C. Wolf, Esquire, counsel for Father ~Oeoffrey Biringer, Esquire, counsel for Mother, Mid Penn Legal Services CASSANDRA L. COLSON, Plaintiff V. RYAN W. COLSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-5820 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, J. 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 conceming the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH C]URRENTLY IN CUSTODY OF Orion Moon Colson June 6, 2001 shared 2. A Conciliation Conference was held on August 31, 2004 with the following individuals in attendance: The Father, Ryan W. Colson, with his counsel, Nathan C. Wolf, Esquire, and the Mother, Cassandra [. Colson, with her counsel, Geoffrey Biringer, Esquire, Mid Perm Legal Services. 3. The Court previously entered an Order on December 17, 2003 providing for shared legal and shared physical custody. Father filed a Petition for Modification based on Mother's association with an individual with a criminal history for lewdness relating to his diagnosis of Tourette's Syndrome. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having an alternating weekend schedule. Father maintains that in addition to concerns over Mother's association with an individual with a criminal history, Mother's level of care for the child is lacking. 5. Mother's position on custody is as follows: Mother is satisfied with the status quo of shared physical custody. She asserts she provides appropriate care for the child and no longer associates with the individual in question. 6. The Conciliator recommends an Order i[n the form as attached scheduling a Hearing and granting the parents shared legal custody and shared physical custody It is expected that the Hearing will require one day. Date e M. Vemey, Esquire Custody Conciliator CASSANDRA L. COLSON, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA RYAN W. COLSON, DEFENDANT · 03-5820 CIVIL TERM ORDER OF COURT day of October, 2004, following a hearing on AND NOW, this the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order· (2) Ryan W. Colson and Cassandra L. Colson shall have shared legal custody of Orion Moon Colson, born June 6, 2001. (3) Each parents shall have physical custody of Orion as follows: (a) The father shall have her from Sunday at 11:00 a.m. until Wednesday at 5:00 p.m. (b) The mother shall have her from Wednesday at 5:00 p.m. until Sunday at 11:00 a.m. (c) The father shall have her on Thanksgiving from 9:00 a.m. until 5:00 p.m. (d) At Christmas, Block A shall be December 24th at noon until Christmas Day at noon. Block B shall be Christmas Day at noon until December 26th at noon. The father shall have her for Block A in odd numbered years and Block B in even numbered years. The mother shall have her for Block A in even numbered years and Block B in odd numbered years. (e) The mother shall always have Orlon on Mother's Day and the father shall always have her on Father's Day. (f) Each parent ds entitled to ten uninterrupted days with Orlon during each summer upon thirty days written notice. (g) Transportation shall be by the delivering parent. (h) The mother shall not allow any unsupervised contact of Orion with Donald Greth. By the~'C~o u ~'~'~ ~Edgar B. Bayley, J. ~'~eoffrey Biringer, Esquire For Cassandra L. Colson v,~lathan C. Wolf, Esquire For Ryan W. Colson :sal