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HomeMy WebLinkAbout03-5972TYRONE A. POOLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO m1--$~7~ CIVIL 2003 MALINDA POOLE, : CIVIL ACTION - LAW Defendant : CUSTODY COMPLAINT FOR CUSTODY Street, 2. The Plaintiff is TYRONE A. POOLE, residing at 1525 S. 12th Harrisburg, Dauphin County, Pennsylvania 17104. The Defendant is Malinda Poole, residing at 123 November Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following child: NAME. Tyrone A. Poole, Jr, PRESENT ADDRESS AGE 123 November Drive, 2 Apt. 4, (dob 4/17/01) Camp Hill, PA 17011 The child was born out of wedlock. The child is presently in the custody of Defendant who resides at 123 November Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania 17011. Since birth, the child has resided with the following persons at the following addresses: PERSON Plaintiff & Defendant Defendant ADDRESS DATE 221 Emerald St. Birth Harrisburg, PA 7/02 Mary Street, 7/02 - Washington Square, 8/02 Harrisburg, PA Defendant 123 November Drive, 8/02 - Apt. 4, Present Camp Hill, PA 17011 The mother of the child, Defendant Malinda Poole, is currently residing at 123 November Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania 17011. She is married to Defendant. The father of the child, Plaintiff Tyrone A. Poole, is currently residing at 1525 S. 12th Street, Harrisburg, Dauphin County, Pennsylvania 17104. He is married to Plaintiff. The relationship of Plaintiff to the child is that of father. 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with subject child and another minor child. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. (see Exhibit "A" attached hereto.) Plaintiff has no information of a current 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 said child. 7. The best interests and permanent welfare of the subject child will be served by granting Plaintiff primary physical custody of him because he is better able than Defendant to nurture and care for him and to establish a stable environment in which to live. 8. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him custody of the child the subject hereof. DATED: 11-12-03 Respectfully Submitted: HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 TYRONE A. POOLE, Plaintiff MALINDA POOLE, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN cOUNTY. PENNSYLVANIA : NO. 2003 CV 2263 CU : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of . ,~, a custody mediation conference having been scheduled, Defendant having appeared counsel, and Plaintiff having temporarily appeared without counsel, it is hereby ORDERED AND DECREED as follows: 1. Defendant Malinda Poole shall have legal and physical custody of the subject minor child, Tyrone A. Poole, Jr., bom April 17, 2001. 2. It is noted that the Plaintiff appeared without counsel, but then left the conciliation conference after approximately two minutes, ostensibly to retrieve papers. However, he did not return. Likewise, he requested a continuance several times during this period in order to retain counsel. Therefore, after 20 minutes it was assumed he would not be returning to the Courthouse. 3. It is noted that the subject minor child has resided in Cumberland County, with the Defendant, for a period in excess of one year. Therefore, this Order is temporary in nature. In the event Plaintiff should desire to pursue this matter, he is EXHIBIT "A" directed to refile this case in the Cumberland County Court of Common Pleas, as that is the court of appropriate jurisdiction. 4. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. ~g0~1132~, BY THE COURT: VERIFICATION I verify that the statements made in the foregoing Complaintare true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 11-12-03 A. POOLE TYRONE A. POOLE PLAINTIFF : IN THE coURT OF coMMON PLEAS OF : cUMBERLAND couNTY, PENNSYLVANIA : 03-5972 CIVIL ACTION LAW MALINDA POOLE DEFENDANT : IN cUSTODY ORDER OF coURT AND NOW, ~November 20, 2003 , upon consideration of the attached Complaint, -- the conciliator, it is hereby directed that parties and their respective counsel appear before _Melissa P. Greevy, Esq. , Tuesday, De__october 16, 2003 at 11:30 AM at 301 Market Street, ~A 1'/043 ~ on ~- - · · '~,- O,,stod¥ Conference. At such conference, an effort ~51l 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 a~pear 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: ~~q~ ~ 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 facilit~ies and reasonable accommodations available to disabled individuals baying business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS pAPER TO YoUR ATTORNEY AT oNCE. IF YOU DO NOT HAVE AN ATTORNEY OR cANNOT AFFORD ONE, GO TO O1/. TELEPHONE TttE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE(P. Cumberland County Bar Assoc~atton 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05972 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERIJkND POOLE TYRONE A VS POOLE MALINDA CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Curaberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPI2tINT - CUSTODY was served upon POOLE MALINDA DEFENDANT , at 1401:00 HOURS, at 123 NOVEMBER DRIVE CAMP HILL, PA 17011 MALINDA POOLE a true the on the 10th day of December , APT 4 by handing to 2003 and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me~ this [__~__ day of So Answers: R. Thomas Kline 12/11/2003 HERSCHEL LOCK~/~_~% /~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, address is located in Franklin County. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Post Pone Sale Garff~shee TOTAL 18.00 .79 .50 1.00 20.00 $ 40.29 Advance Costs: 150.00 SherifFs Costs: 40.29 $109.71 Refunded to Atty on 11/21/03 Sworn and Subscribed to before me Thisg'~ dayof ~..~2~_~ 2003 A.D. ~ '~r~on~oot ~y~"~' '~ So Answers; ,. By Claudia A. Brewbaker TYRONE A. POOLE, Plaintiff MALINDA POOLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~uNIA NO. 5~7L CIVIL 2003 CIVIL ACTION - LAW CUSTODY DEC 2 3 003 NOTICE AND ORD~R TO Ai~PEAR PETITION FOR CONTEMPT Legal proceeding have been brought against you alleging you have wilfully disobeyed an Order of Court for partial custody. If you wish to defend against the claim set forth in the following pages, you may but are not ra required to file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or ~bjections, you must appear in person in Court on ~.~ ~-- 200~, at ~.~ ~.m., in Court Room ~ before the Honorable ~,C~ County Court of Common Pleas, Pennsylvania. IF YOU DO NOT TO APPEAR IN PERSON THE COURT THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds you have wilfully failed to comply with its order for partial custody, you may be found to be in contempt of Court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TYRONE A. POOLE, Plaintiff vs. MALINDA POOLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVD, NIA NO. ~7~ CIVIL 2003 CIVIL ACTION - LAW CUSTODY PETITION FOR CONTEMPT OF ORDER OF CUSTODY AND NOW comes Plaintiff TYRONE A. POOLE, by and through his attorney, Herschel Lock and, files his Petition for Contempt of Order of Custody as follows: 1. Plaintiff Tyrone A. Poole is an adult individual currently resides at 1525 S. 12th Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendant Malinda Poole is an adult individual currently resides at 123 November Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties hereto are the parents of the minor child Tyrone A. Poole, Jr. (dob April 17, 2001) who currently resides at 123 November Drive, Apt. 4, Camp Hill, Cumberland County, Pennsylvania 17011 with Defendant. 4. Plaintiff filed heretofore his Complaint for Custody, this docketed to the above noted term and number, and thereafter on December 17 2003, a Custody Conciliation Conference was held before Conciliator Melissa P. Greevy. 5. At the Conference aforesaid, Plaintiff and Defendant each were represented by legal counsel and were able to reach an agreement which, inter alia, allowed Plaintiff partial physical custody of his son starting on December 18, 2003. 6. Despite the agreement reached by the parties at their Custody Conciliation Conference, Defendant unilaterally and for reasons contrary to fact, law and her son's best interests refused to allow Plaintiff his December 18th custody. 7. Because of Defendant's contemptuous, irrational and selfish action, another Custody Conciliation Conference was held on December 22, 2003 before Conciliator Greevy, at which time both Defendant's counsel and Conciliator Greevy explained to her applicable law as well as the impact and potential future impact her refusal to abide by her prior agreement had or could have. 8. At the second Custody Conciliation Conference, Conciliator Greevy and both Plaintiff's and Defendant's attorneys offered solutions to Defendant's stated concerns about Plaintiff having periods of partial physical custody of their son. 9. The efforts of Conciliator Greevy and counsel to resolve the situation were to no avail as Defendant was either unable to understand or refused to acknowledge the nature and impact of her contemptuous actions. 10. Plaintiff believes and avers that Defendant's behavior aforesaid is substantially caused by her feelings towards him despite her prostrations about being concerned for their son's welfare, because of her wish "not to be told what to do", and because of pressure brought to bear upon her by her mother. 11. Plaintiff believes and avers that Defendant's actions and the lack of judgment they represent calls into question her ability to remain the primary physical custodian of their son. 12. Plaintiff believes and avers that the course of Defendant's behavior and her mind set will not change unless emphatically forced to do so by your Honorable Court. WHEREFORE, Plaintiff prays your Honorable Court to: a) find Defendant in contempt of the agreement she entered into before Conciliator Greevy on December 17, 2003; b) to enter a Custody Order herein which takes into account Defendant's actions and the impact they have as to the subject minor child's best interests; c) to sentence Defendant to a term of incarnation or probation; d) to direct Defendant to pay Plaintiff's legal fees incurred as a result of her actions; e) to enter any other Order found appropriate. ~/:[/~ubmit t ed: DATED?¥ /e HERSCHEL LOCK, ESQUIRE Attorney for Plaintiff 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 TYRONE A. PeeLE, : Plaintiff : VS. : MALINDA POOLE, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 2003 CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Herschel Lock, do hereby certify that on this 23rd day of December 2003, I served a copy of the Petition for Contempt of Order of Custody by Facsimile, as follows: Gary E. Kelley, Esq. 132-134 Walnut Street Harrisburg, PA 17101 Fax No: 238-1761 ~ERSCHEL LOCK, ESQUIRE 3107 N. Front Street Harrisburg, PA 17110-1310 (717) 238-6661 TYRONE A. POOLE, Plaintiff V. MALINDA POOLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERI_AND COUNTY, PENNSYLVANIA NO. 03-5972 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 Tyrone A. Poole, Jr. DATE OF BIRTH April 17, 2001 CURRENTLYIN THE CUSTODY OF Mother 2. On December 18, 2003, the Conciliator received a call from Plaintiff's counsel seeking procedural direction because the Defendant had failed to comply with the terms of the Order which had been agreed upon at the December 16, 2003 Conference. A telephone conference with counsel was arranged for December 19, 2003. Counsel were directed to attempt to solve the problem of the Defendant's willingness to comply with the terms of her agreement and that if that could not be accomplished, all parties were to appear at a second Custody Conciliation on Monday, December 22, 2003. The parties appeared on December 22, 2003. Attending the December 22, 2002 Conference were: the Mother, Malinda Poole, and her counsel, Gary Kelley, Esquire; the Father, Tyrone Poole, and his counsel, Herschel Lock, Esquire. The maternat grandmother of the child also attended the Conference. However, she did not speak or participate in decision-making. At the Conciliation, the parties were not able to reach an agreement and the Mother requested a hearing. 3. Mother's position on custody is as follows: Mother now has taken the position that she is unwilling to have contact with the Father, even for the purpose of effecting a custodial exchange. She was given the opportunity to work out an arrangement where the custodial exchange could appear at a neutral site, such as the residence of the paternal great-grandmother to the child or through the YWCA visitation program. However, she now is unwilling to comply with the terms of the Agreement which she entered on December 16, 2003. To support her position,, the Mother references the Protection from Abuse Order which identifies her as the protected party but does not make mention for protection for the NO. 03-5972 CIVIL TERM subject child. Mother further states that she has taken this position because of safety concerns for the child and because the Father has not been a part of the child's life. Although the Mother was cautioned about the potential consequences of failing to abide by a Court Order to which she had previously agreed and given the opportunity to have no contact exchange through the YVVCA visitation program, Mother was adamant in her refusal and her insistence that the matter proceed to be heard by the Court. 4. Father's position on custody is as follows: Father continues to be willing to comply with the terms of the Order negotiated at the December 16, 2003 Conference. However, he sought to have a different neutral site for custodial exchanges and offered to have that occur in Harrisburg at the home of his grandmother. 5. Counsel for Father intends to file a Petition for Special Relief in that Mother is denying all contact with the child at this time. The Conciliator is submitting only this report with no recommendation to change the Order to whi~rties had previously agreed. Melissa Peel Greevy, Esquire. Custody Conciliator :222480 Dist: ~rschel Lock, Esquire, 3107 N. Front Street, Harrisburg, PA 17110 (via Fax 238-5288) ,,~7' L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 (Via Fax 238-1761 ) ,,,.,~elissa Calvanelli, Assistant Court Administrator (Via Fax 240-6460). pb,.~l- 'i ~ ~. t~ ~ o x C.~ DEC 22 2003 TYRONE A. POOLE, Plaintiff V. MALINDA POOLE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY, PENNSYLVANIA NO. 03-5972 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~'~ day of December, 2(:)03, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Tyrone A. Poole and Malinda Poole, shall have shared legal custody of the minor child, Tyrone A. Poole., Jr., born April 17, 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 his 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. The Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. On December 18, 2003 from 5:00 p.m. to 8:00 p.m. B. Commencing December 24, 2003, each Wednesday evening from 5:00 p.m. to 8:00 p.m. C. Commencing January 2, 2004, on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. The paternal grandfather shall be present for the periods of partial custody as providing in Paragraph 2A and 2B. 4. Father shall be present for all periods of custody. The child shall have no unsupervised time in the care of Dominique. TYRONE A. POOLE, Plaintiff V. MALINDA POOLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5972 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 Tyrone A. Poole, Jr. DATE OF BIRTH CURRENTLYIN THE CUSTODY OF April 17, 2001 Mother 2. On December 18, 2003, the Conciliator received a call from Plaintiff's counsel seeking procedural direction because the Defendant had failed to comply with the terms of the Order which had been agreed upon at the December 16, 2003 Conference. A telephone conference with counsel was arranged for December 19, 2003. Counsel were directed to attempt to solve the problem of the Defendant's willingness to comply with the terms of her agreement and that if that could not be accomplished, all parties were to appear at a second Custody Conciliation on Monday, December 22, 2003. The parties appeared on December 22, 2003. Attending the December' 22, 2002 Conference were: the Mother, Malinda Poole, and her counsel, Gary Kelley, Esquire; the Father, Tyrone Poole, and his counsel, Herschel Lock, Esquire. The maternal grandmother of the child also attended the Conference. However, she did not speak or participate in decision-making. At the Conciliation, the parties were not able to reach an agreement and the Mother requested a hearing. 3. Mother's position on custody is as follows: Mother now has taken the position that she is unwilling to have contact with the Father, even for the purpose of effecting a custodial exchange. She was given the opportunity to work out an arrangement where the custodial exchange could appear at a neutral site, such as the residence of the paternal great-grandmother to the child or through the YVVCA visitation program. However, she now is unwilling to comply with the terms of the Agreement which she entered on December 16, 2003. To support her position, the Mother references the Protection from Abuse Order which identifies her as the protected party but does not make mention for protection for the NO. 03-5972 CIVIL TERM subject child. Mother further states that she has taken this position because of safety concerns for the child and because the Father has not been a part of the child's life. Although the Mother was cautioned about the potential consequences of failing to abide by a Court Order to which she had previously agreed and given the opportunity to have no contact exchange through the YVVCA visitation program, Mother was adamant in her refusal and her insistence that the matter proceed to be heard by the Court. 4. Father's position on custody is as follows: Father continues to be willing to comply with the terms of the Order negotiated at the December 16, 2003 Conference. However, he sought to have a different neutral site for custodial exchanges and offered to have that occur in Harrisburg at the home of his grandmother. 5. Counsel for Father intends to file a Petition for Special Relief in that Mother is denying all contact with the child at this time. The Conciliator is submitting only this report with no recommendation to change the Order to which t~rties had previously agreed. Date Melissa Peel Greevy, Esquire Custody Conciliator :222480 Dist: uCl~rschel Lock, Esquire, 3107 N. Front Street, Harrisburg, PA 17110 ('Via Fax 238-5288) ,,.~¢8r L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 (Via Fax 238-1761 ~2[elissa Calvanelli, Assistant Court Administrator (Via Fax 240-6460). pL~ 'i ~ ¢... ~ TYRONE A. POOLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5972 CIVIL TERM MALINDA POOLE, : CIVIL ACTION - LAW Defendant : IN CUSTODY hearing, order, and she is so adjudicated. The sentence of the Court is that ORDER OF COURT AND NOW, this 5th day of January, 2004, after we find the Defendant to be in contempt of our prior she undergo in the Cumberland County Prison for a period of two sentence to be served as follows: Each Thursday 2:00 p.m., every other weekend commencing 2004, from 9:00 a.m. until Sunday at The Defendant is directed to report to the /~erschel Lock, Esquire [,u .~A~-~w~ % For the Plaintiff [-~0~ CCP /Gary L. Kelley, Esquire ?~'~1~ For the Defendant ars OI 'O~'O~ Cumberland County Prison at the times directed and shall be paroled at the expiration of the times directed. Provided, however, that if she makes the child available to visit with the Plaintiff pursuant to our order of December 29th on Wednesday evening, she need not report to the prison on Thursday morning. Provided further, that if she makes the child available for weekend visitation every other weekend commencing January 16, 2004, pursuant to the terms of our order, she need not report to the prison that Saturday. ~, Edward E. Guido, J. imprisonment months. The from 9:00 a.m. until Saturday, January 17, 6:00 p.m. 2004 TYRONE A. POOLE, Plaintiff V, MALINDA POOLE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5972 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this }~'~ day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of December 29, 2003 is VACATED in its entirety. 2. Leqal Custody. The parties, Tyrone A. Poole and Malinda Poole, shall have shared legal custody of the minor child, Tyrone A. Poole, Jr., bom April 17, 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 his health, education and religion. Pursuant to the terms of 23 Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. The Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each Wednesday evening from 5:00 p.m. to 8:00 p.m. B. Commencing March 12, 2004 on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. C. The parties stipulate and agree that Father will not have custody for the weekend of April 23, 2004 due to his plans to be out of town on vacation that weekend. 4. Father shall be present for all periods of custody. The child shall have no unsupervised time in the care of Dominique. NO. 03-5972 CIVIL TERM 5. Transportation. The custodial exchanges provided in this Order shall take place at the residence of the maternal grandmother. Father shall remain in the vehicle during their custodial exchange. Other adults who may accompany Father to the custodial exchange and shall be permitted to receive the child from the maternal grandmother and accompany him to the vehicle with Father are limited to the following: Priscilla Watson, Lynette Butler, Lilla Watson, Louise Poole, Delvin Washington, and Melvin Watson, Jr. Michelle Elby shall not be present or part of any custodial exchange provided in this Order. Edward E. Guido, J. Dist: ,./~lerschel Lock, Esquire, 3107 N. Front Street, Harrisburg, PA 17110 ,,,'~ry L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 ne A. Poole, 1525 S. 12~h Street Harrisburg, PA 17104 ~'alinda Poole, 2712 N. 5h Street, Harrisburg, PA 17110 03-1 -Oq TYRONE a. POOLE, Plaintiff V. MALINDA POOLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5972 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 Tyrone A. Poole, Jr. DATE OF BIRTH April 17, 2001 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on March 8, 2004 with the following individuals in attendance: the Father, Tyrone A. Poole, attended pro se; the Mother, Malinda Poole, attended pro se. The Conciliation Conference was scheduled as part of the agreement at the Custody Conciliation which occurred on December 16, 2003. 3. The parties reached an agreem~~ Dat6 '"' / Mel|ssa Peel Greevy, Esquire / Custody Conciliator :225392