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HomeMy WebLinkAbout07-7633IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t07-7!033 HENRY D. WILLIAMS, No. for 2007 Plaintiff IN CUSTODY VS. SHANNON HARRIS, CIVIL ACTION - LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KNIGHT & ASSOCIATES, P.C. Y? 56; ?? Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY D. WILLIAMS, No. 07 - 71-83 elv tl. ?/2.yr1 Plaintiff IN CUSTODY VS. SHANNON HARRIS, CIVIL ACTION - LAW Defendant COMPLAINT _FOR PARTIAL CUSTODY AND NOW, this day of `'2007, comes Plaintiff, Henry D. Williams, by and through his attorneys, Knight & Associates, P.C., and files the following Complaint for Partial Custody in support thereof avers as follows: 1. Plaintiff is Henry D. Williams, who resides at 7330 Forest Avenue, Hanover, Maryland 21076. 2. Defendant is Shannon Harris, who resides at Graham Hill Apartments, 1515 English Drive, Mechanicsburg, Pennsylvania 17055. 3. The Plaintiff seeks partial custody of the following child: Name Present Residence Age D/OB Levi Naylor Harris Graham Hill Apartments 2 July 12, 2005 1515 English Drive Mechanicsburg, PA 17055 Levi was born out of wedlock. Levi is presently in the physical custody of the Defendant. During the past five years, Levi has resided with the following persons and at the following addresses: a. Plaintiffhas no accurate knowledge regarding where Levi has resided and with whom since July 12, 2005, other than the present residence. The mother of Levi is Defendant, Shannon Harris and she currently resides at Graham Hill Apartments, 1515 English Drive, Mechanicsburg, Pennsylvania. She is married to Richard Harrison. The father of Levi is Plaintiff, Henry D. Williams, and he currently resides at 7330 Forest Avenue, Hanover, Maryland. He is married to Tiffany Williams. 4. The relationship of Plaintiff to Levi is that of natural father. He currently resides with his wife, Tiffany and children, Henry Jr., George, Rowdy-Saul, Josh, and Annmarie. 5. The relationship of Defendant to Levi is that of natural mother. She currently resides with her husband and Levi. It is unknown if anyone else resides with Defendant. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of Levi in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of Levi in this or any other court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of Levi or claims to have custody or visitation rights with respect to him. 7. The best interests and permanent welfare of Levi will be served best by granting the relief requested because: a) The Plaintiff provides Levi with a home with adequate moral, emotional and physical surroundings as required to meet his needs; b) The Plaintiff is, and has always been, willing to accept partial custody of Levi; and C) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of Levi. 8. Each parent whose parental rights to Levi have not been terminated and the person who has physical custody of Levi has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Levi. 9. Plaintiff requests the following: a. Shared legal custody of Levi; b. Periods of partial custody of Levi as follows: 1. Six weeks during the summer; 2. Two weekends per month; 3. Beginning in the year 2008, every other year on Easter Sunday from 9:00 a.m. until 5:00 p.m.; 4. Each Father's Day; 5. From 6:00 p.m. on the Wednesday before Thanksgiving Day, 2008 through 3:00 p.m. on Thanksgiving Day, in every even-numbered year, and from 3:00 p.m. on Thanksgiving Day until 6:00 p.m. on the Saturday after Thanksgiving Day in every odd-numbered year; 6. From 6:00 p.m. Christmas Eve through 3:00 p.m. on Christmas Day, in every odd-numbered year, and from 3:00 p.m. on Christmas Day until 6:00 p.m. on December 27, in every even-numbered year; and 7. From 9:00 a.m. until 2:00 p.m. on Levi's birthday. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant him shared legal custody and partial physical custody of Levi Naylor Harris. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. i Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Henry illiams ike ra G'7 C?3 D PA "? C7 Ern HENRY D. WILLIAMS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7633 CIVIL ACTION LAW SHANNON HARRIS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, December 27, 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 Tuesday, January 29, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Man an r. Es 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 facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ;crnbrv'RW' Ord f e1 '?l'J - v LL ?? V!IN';rA l A'',NNt=,d kJIN 8Z .C Wd LZ 330 LOOT A8 V. i©IN?lH,LuCd HL ?0 FAUser Folder\Firm Docs\Gendocs2007\4038-1 Henry Williams\aff.servicempd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY D. WILLIAMS, No. 07-7633 Plaintiff IN CUSTODY vs. SHANNON HARRIS, CIVIL ACTION - LAW Defendant AFFIDAVIT OF SERVICE I, Kevin Preston, being duly sworn according to law depose and say that I served the Order of Court dated December 27, 2007, scheduling a Custody Conciliation for January 29, 2008, at 1:00 p.m., Complaint for Partial Custody, and letter addressed to Shannon Harris dated / 42. 8 in the above-captioned matter on Shannon Harris at AM, Mej? *Vir s , Of. 1110-r-5- -5" Pennsylvania at 10:0 o'clock, -9--.m. on the day of 92008. Preston S orn and subscribed be re me this day of, - A , 200f . Notary 1 Magisterial District Judge David H. Judy County of Dauphin Magisterial Dis'4riet 12-2-03 50 Canal Street Royalton, PA 1 1, 57 My Commission Expires 1-2-2012 ^r 1t` HENRY D. WILLIAMS, Plaintiff VS. SHANNON HARRISON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7633 CIVIL ACTION - LAW IN DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Shannon Harrison, in the above-captioned proceeding. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: r f 1 g 100 L A A. CLOTFELTER, ES( Attey I.D. 72963 1 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile 0 ¦ HENRY D. WILLIAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-7633 SHANNON HARRISON, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 15" day of January, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ENTRY OF APPEARANCE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Sean M. Shultz, Esquire Knight & Associates P. C. 11 Roadway Drive, Suite B Carlisle, PA 17015 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER TAAomey A A. CLO ELTER, ES( I.D. 72963 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile 0 M17 rAZI ?1 4 1 1 HENRY D. WILLIAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-7633 SHANNON HARRISON, : CIVIL ACTION - LAW Defendant : IN DIVORCE ANSWER AND NOW, comes Defendant, Shannon Harrison (incorrectly listed as Shannon Harris in the caption), by and through her counsel, Linda A. Clotfelter, Esquire, who answers Plaintiff's Complaint for Partial Custody as follows: 1. Admitted in part and denied in part. The identity of Plaintiff is admitted, but the address listed for him is not his residence. It is his mother's address. Plaintiff's actual residential address is not known by Defendant. 2. Denied. Defendant's name is Shannon Harrison and she resides at 1335 English Drive, Mechanicsburg, Pennsylvania 17055. 3. Admitted in part and denied in part. The child's identity is admitted, as is the fact he was born out of wedlock and he is in Defendant's custody. However, it is specifically denied that he lives at 1515 English Drive and also denied that Plaintiff had no knowledge of the child's residence since 2005. In further answer, Plaintiff has contacted Defendant at her residences and has sent items by mail to the maternal grandmother's home which was the child and Defendant's home until May, 2007. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. It is specifically denied that the best interest of the child will be served by granting Plaintiff's request. a) Denied. Plaintiff's environment is NOT a moral or emotionally healthy environment. Plaintiff is often not as his home due to time spent traveling for work and otherwise and also due to the fact that he spends time with his girlfriend and his child by her in a trailer located near the home he shares with his wife and their five (5) children. Plaintiff also, upon information and belief, has two (2) children to a woman out of state. Thus, it is believe that Plaintiff has nine (9) children to four (4) women. Plaintiff and his wife are swingers and Plaintiff's multiple concurrent romantic relationships are the accepted norm in the households, but they are not acceptable to Defendant. It is believed that it was Plaintiff's wife that hired counsel and initiated the immediate action and that occurred subsequent to Defendant's marriage. Plaintiff has shown no interest in getting to know the child and his sole motivation in making the minimal contact he has with Defendant was to see her and try to reestablish a romantic relationship with her. Upon information and belief, Plaintiff also drinks to excess on a regular basis and a recent criminal check revealed an assault and battery charge; working without a contractor's license; and multiple stops for not having his children properly secured in safety seats. Defendant has also been warned to fear for her safety at any court appearances due to possible retaliation anticipated from Plaintiff's wife and girlfriend - all clearly not in the best interests of the child. b. Denied. Plaintiff has never shown an interest in knowing Levi. Plaintiff has not seen the child in almost a year and during the child's lifetime he has seen Plaintiff only five times with Defendant being the party to facilitate those visits. During his minimal calls to Defendant he did not inquire as to Levi but instead sought to reestablish his relationship with Defendant. The custom has been that he does not send cards or gifts (until after the litigation was initiated) and he has not made any significant effort to contact Levi on a regular basis nor has he made any significant effort to come to Pennsylvania to see the child. All visits have involved Defendant or the maternal grandmother traveling to Plaintiff for a visit with the child at neutral locations. C. Denied. Plaintiff has NEVER exercised parental duties and responsibilities for the child nor has he shown the child any affection. Plaintiff said he was on his way to the hospital for the delivery but never showed. He did not meet the child until the child was four (4) months old. Since his birth the child has seen his Father only five (5) times for less than two (2) hours each time, and for all visits Defendant had to take the child to Plaintiff. The most recent visit was almost one year ago and Plaintiff has made no efforts to call to inquire as to the child's well-being. His only contact has been to speak to Defendant. From March 2007 through June 2007 he made no contact with Defendant and as stated above, custody became an issue only after Defendant was married in May 2007. Plaintiff's lifestyle including nine children to four women; continuing womanizing; excessive partying; constant travel; and his lack of interest in being a parent justify denying Plaintiff's requests. If Plaintiff is to establish a legitimate relationship with Levi, it must start with regular telephone contact so that Levi can get to know his Father. After a relationship is established, supervised visitation (possibly with the maternal grandmother) would be in order; and after Plaintiff has shown his interests are sincere and only after he has shown that he has changed his ways, and that he has stabilized his living situation and his environment no longer poses a threat to the child, then the parties should reconvene to discuss a possible custody arrangement 8. Admitted. 9. Denied. This paragraph states conclusions to which no response is required. WHEREFORE, Defendant, Shannon Harrison respectfully requests that this Honorable Court deny Plaintiff's requests for partial custody and enter an order permitting the child to establish a relationship with Plaintiff very gradually over time and only after Plaintiff has shown the Court that he is sincerely interested in being a parent to Levi. Respectfully Submitted, Date: _.5 J& I o b LAW FIRM OF LINDA A. CLOTFELTER I If ._ - LI DA A. CLOTFELTER, ESQ A! "y I.D. 72963 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile HENRY D. WILLIAMS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-7633 SHANNON HARRISON, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this v day of May, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER was served upon the opposing party by way of facsimile and hand-delivery, addressed as follows: Sean M. Shultz, Esquire Knight & Associates P. C. 11 Roadway Drive, Suite B Carlisle, PA 17015 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER LI DA A. CLOTFELTER, ES( At rney I.D. 72963 5621 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile C rv c> CJ ?T t.Tl Z U? v ? C)o L Orn cn co -C MAY d 8 2008 HENRY D. WILLIAMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7633 CIVIL ACTION LAW SHANNON HARRIS N/KIA IN CUSTODY SHANNON HARRISON, Defendant ORDER OF COURT AND NOW this C th day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Henry Williams, and the Mother, Shannon Harrison, shall have shared legal custody of Levi Naylor Harris, born 7/12/2005. The parties shall have an equal right 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody/visitation as follows: a. Commencing May 17, 2008, Father shall have physical custody/visitation with the Child every other Saturday from 10:00 am until 1:00 pm at maternal grandmother's residence or at such other locations as the parties may mutually agree upon. b. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays and Birthdays: Holidays and Birthdays shall be as mutually agreed upon or shall be addressed at the next status conference. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6? 6. In the event of a medical emergency, the custodial party shall notify the other parry as soon as practicable after the emergency is handled. 'VINVA't l NN'3d A4Nnon `ll x,°1.147 e4no L £ :Z Wd 6- AVW OO0Z AHViQNOI,-U, dd 3HI 40 t 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 9. A status update conciliation conference is hereby scheduled for July 1, 2008 at 11:00 am at the Court of Common Pleas in Carlisle, Pennsylvania 17013. By the Court, istribution: ?inda Clotfelter, Esquire ./ Sean Shultz, Esquire ,Aohn J. Mangan, Esquire Ca es rn'?c .'/4 /Do HENRY D. WILLIAMS, Plaintiff V. SHANNON HARRIS N/K/A SHANNON HARRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7633 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCHJATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Levi Naylor Harris 7/12/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 8, 2008 with the following individuals in attendance: The Mother, Shannon Harrison, with her counsel, Linda Clotfelter, Esq. The Father, Henry Williams, with his counsel, Sean Shultz, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. gan, Esquire stody onciliator JUL 0 32008 HENRY D. WILLIAMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7633 CIVIL ACTION LAW SHANNON HARRIS N/K/A IN CUSTODY SHANNON HARRISON, Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this cJ? day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated May 9, 2008 is hereby VACATED. 2. Legal Custody: The Father, Henry Williams, and the Mother, Shannon Harrison, shall have shared legal custody of Levi Naylor Harris, born 7/12/2005. The parties shall have an equal right 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: Mother shall have primary physical custody of the Child subject to Father's partial physical custody/visitation as follows: a. Until the requirement outlined in paragraph 4 is successfully completed; i.e. a negative result, Father shall have physical custody/visitation with the Child every other Saturday from 10:00 am until 1:00 pm at maternal grandmother's residence or at such other locations as the parties may mutually agree upon. b. Once a negative result regarding paragraph 4 is obtained, Father shall have unsupervised physical custody of the Child every other Saturday from 9:00 am until 6:00 pm. The custody exchange shall take place in Timonium/Hunt Valley at an agreed upon location, absent mutual agreement otherwise. C. Upon agreement of the parties, Father shall have physical custody of the Child every other weekend from Friday 6:00 pm until Sunday 6:00 pm. The custody exchange shall take place in Timonium/Hunt Valley at an agreed upon location, absent mutual agreement otherwise. In the absence of agreement by the parties to begin the alternating weekends, either party, through their counsel, has the right to contact the assigned conciliator to schedule a status update conference. d. Father shall have additional periods of physical custody as the parties may agree. s 0 4. Father shall submit to a hair sample drug screen and provide the result to Mother or her counsel. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays and Birthdays: Holidays and Birthdays shall be as mutually agreed upon or in the absence of agreement, Father shall have custody of the Child: a. Father's day from Saturday 6:00 pm until 12:00 pm Sunday if overnight periods have begun and the weekend is not his scheduled weekend. If overnight periods have begun and Father's day is on his scheduled weekend, Father shall return the Child to Mother's custody by 12:00 pm on Sunday. b. Thanksgiving shall be split into two segments, A and B. Segment A shall be from Wednesday before Thanksgiving day at 6:00 pm until Thursday at 3:00 pm. Segment B shall be from Thursday 3:00 pm until Friday 6:00 pm. Mother shall have segment A in even years and segment B in odd years. Father shall have segment A in odd years and segment B in even years. c. Christmas shall be split into two segments, A and B. Segment A shall be from 12/24 at 3:00 pm until 12/25 at 3:00 pm. Segment B shall be from 12/25 at 3:00 pm until 12/26 at 3:00 pm. Mother shall have segment A in even years and segment B in odd years. Father shall have segment A in odd years and segment B in even years. d. Easter shall be alternated between the parties from Saturday before Easter at 3:00 pm until Easter Sunday at 3:00 pm with Mother having even years and Father having odd years. e. Father shall have custody of the Child for the Child's Birthday from 10:00 am until 3:00 pm on Saturday if the birthday lands on Saturday, or the following Saturday after his birthday from 10:00 am until 3:00 pm if the birthday does not fall on Saturday. f. The holiday exchanges shall take place in Timonium/Hunt Valley at an agreed upon location, absent mutual agreement otherwise. g. The parties may modify this holiday schedule by mutual agreement and shall arrange all other holidays by agreement. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. In 2009, each parent shall have one week, (seven days in a row), of vacation with the Child. Commencing 2010, each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Child. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 11. Any period of overnight custody, including the holiday and vacation schedule, for Father is predicated on the successful completion (negative result) of the requirement in paragraph 4. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: Charles Rector, Esquire Sean Shultz, Esquire 7,- 6 9- D F John J. Mangan, Esquire diN` A'"VSNN3d n AiNrCKC Z ? :6 WV 6- In BOOZ AWONORL ' 'd 3HI ?O HENRY D. WILLIAMS, Plaintiff V. SHANNON HARRIS N/K/A SHANNON HARRISON, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7633 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Levi Naylor Harris 7/12/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 8, 2008, an Order of Court was issued May 9, 2008 and an updated conciliation conference was held on July 1, 2008 with the following individuals in attendance: The Mother, Shannon Harrison, with counsel, Jeanne Costopoulos, Esq. and represented by Charles Rector, Esq. The Father, Henry Williams, with his counsel, Sean Shultz, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John , Esquire Cus dy C nciliator HENRY D. WILLIAMS, Plaintiff VS. SHANNON HARRISON Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-7633 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY AND NOW, come the parties, Henry D. Williams, Plaintiff, and Shannon Harrision, Defendant, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Henry D. Williams (the Father hereinafter) and Shannon Harrison (the Mother hereinafter), have born to them one child, namely Levi Naylor Harris, born July 12, 2005 (the child hereinafter); and, WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. 11,EGAL C.ITSTODY: Mother shall have sole and exclusive legal custody of the child as to any and all issues regarding the child's health, education and general welfare. 2. PHYSICAL. CITSTODY• A. Mother shall have sole and exclusive physical custody of the child and the child shall 1 reside with Mother and attend school where Mother resides. B. Father shall have visitation as mutually agreed between the parties. 3. DRUGS AND AT.COHOL During any period of custody or visitation, the Father shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. 4. DEROGATORY COMMENTS: The parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 5. TRANSPORTATION: Father will provide all transportation as to any visitation with the child pursuant to Paragraph 2(B). 6. PROTECTION OF CHILD'S MORAL CHARACTER: It is the intention of the parties that the child be protected from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral behavior or violent propensities). The parties shall, to the extent possible, avoid contact with such individuals of poor character. 7. VOLUNTARY EXECUTION AND FAIRNESS OF THE, AGREEMENT: Each party acknowledges that this Custody Stipulation has been entered into by his or her own volition, with full knowledge of the facts and full information as to his or her legal rights, each party having been provided ample opportunity to discuss with the counsel of his or her choice the effect of the terms of this Custody Stipulation and that each believes this 2 Custody Stipulation to be reasonable and in the best interest of the child under the circumstances and not the result of any duress or undue influence. 8. STIPF.RSEDEAS OF PRIOR COURT ORDERS: This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 9. ENTRY AS AN ORDER OF COURT: It is the intention of the parties that this Custody Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. IN WITNESS THEREOF, and intending to be legally bound thereby, the parties hereto have hereunto set their hands and seals and the date of their acknowledgment. -Zlow& Date: /? / Signature: He D. Williams Date: a wdw Signature: Shannon Harrison 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF d BEFORE ME, the undersigned authority, on this day personally appeared Henry D. Williams, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF v , 2008. A ?r !Z - COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Joseph L. Grove, Notary Public Silver Spring Twp., Cumberland County M Corr fission Ex fires June 13, 2009 Mernoo', Pennsylvonio Association of Notaries 'Jas Qh L .?`-cue My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Shannon Harrison, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Q day of 2008. Notary Public in and fo 4N EALTH_ 4.l' PtNN Commonwealth of Pennsylvania Robert Riau, NN My PUM Typed or printed name of Notary: S&W spiltp Twp., 0WOOMW 101Qf My Cannim" on A Zile My commission expires: V o 4 Typed or printed name of Notary: cM-? ?-?} r...? ?. _. k ;a "i'1 ? ? _? ?.?, r:? j. '~ ?? % ?` w HENRY D. WILLIAMS, Plaintiff VS. SHANNON HARRISON Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7633 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY r AND NOW, this h2k day of _ SS e At-4 a , 2008, upon consideration of the within STIPULATION FOR CUSTODY, which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set forth in full hereinafter. Any and all prior Orders in this matter are hereby vacated. BY THE COURT: Hon. M. L. Ebert, Jr. ?? E ti?? ft i:.i+