Loading...
HomeMy WebLinkAbout07-7659SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PAMELA DURHAM, v Defendant No. 2007 - 7 4.6 q CIVIL ACTION - LAW IN DIVORCE &r CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OR PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at 717-255-2796. 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. .. SCOTT DURHAM, PAMELA DURHAM, Plaintiff v Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 7 G S CIVIL ACTION - LAW IN DIVORCE &r CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PAMELA DURHAM, v Defendant : No. 2007 - 16,5 CIVIL ACTION - LAW IN DIVORCE & CUSTODY COMPLAINT IN DIVORCE UNDER 23 P.S. H 3301(c) and 3301(d) OF THE DIVORCE CODE, and IN CUSTODY COUNT I - DIVORCE AND NOW, this day of December, 2007, comes Plaintiff, Scott Durham, by and through his attorney, Suzanne Spencer Abel, Esq., and who files the following Complaint for Divorce and Custody, and in support thereof avers as follows: 1. The Plaintiff is Scott Durham, currently residing at 7073 Carlisle Pike, Lot 213, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Pamela Durham, currently residing at 875-2 Clifton Heights Road, Hummelstown, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 20, 2005, in Carlisle, Pennsylvania; and separated on July 15, 2007. The parties have one children from the marriage. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that defendant may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff respectfully requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. Plaintiff and Defendant have acquired personal property and debt during their marriage from June 20, 2005 through the present. 11. Plaintiff and Defendant have been unable to agree as to the equitable distribution of their property and debts. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debts. COUNT III - CUSTODY 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Plaintiff seeks custody of Faith Lynn Durham, (DOB 4/26/2006), currently residing at 7073 Carlisle Pike, Lot 213, Carlisle, Pennsylvania with Father; and at 875-2 Clifton Heights Road, Hummelstown, Pennsylvania with Mother. 14. The child was born during the marriage. The child is presently in the shared custody of Scott Durham, currently residing at 7073 Carlisle Pike, Lot 213, Carlisle, Pennsylvania; and Pamela Durham, currently residing at 875-2 Clifton Heights Road, Hummelstown, Pennsylvania. During the past five (5) years, the child has resided with the following persons at the following addresses: 15 16. 17 875-2 Clifton Heights Rd., Hummelstown, PA 03/06 - 09/07 Scott and Pamela Durham, Tyler Klinefleter (Child's maternal step-brother), Timothy Klinefelter (Child's maternal step-brother), Pete (Child's maternal uncle), Phil (Child's maternal uncle), Deedra Ice (Child's maternal grandmother) 129 Andrew Ct., Carlisle, PA 09/07-11/07 Scott Durham, Tyler Klinefleter (Child's maternal step-brother), Dalton (Child's paternal cousin), Terry (Child's paternal uncle), Shawna (Child's paternal aunt) Cedar Manor Estates, Elizabethtown, PA 09/07-11/07 Pamela Durham, Tyler Klinefleter (Child's maternal step-brother), Paul Gutshall (Child's maternal uncle) 7073 Carlisle Pike, Lot 213, Carlisle, PA 11/07 - present Scott Durham, Tyler Klinefleter (Child's maternal step-brother), Penny Mummert (Father's girlfriend), Jessica Mummert (Girlfriend's daughter), Robert Winkleman (Daughter's fiancfe), David Strawser (Girlfriend's son) 875-2 Clifton Heights Rd., Hummelstown, PA 11/07 - present Pamela Durham, Tyler Klinefleter (Child's maternal step-brother), Timothy Klinefelter (Child's maternal step-brother), Pete Gutshall (Child's maternal uncle), The mother of the child is Pamela Durham, currently residing at 875-2 Clifton Heights Road, Hummelstown, Pennsylvania. She is married. The father of the child is Scott Durham, currently residing at 7073 Carlisle Pike, Lot 213, Carlisle, Pennsylvania He is married. The relationship of the Plaintiff to the children is that of father. Plaintiff currently resides with the following persons: Scott Durham, Penny Mummert, Jessica Mummert, Robert Winkleman, David Strawser. The relationship of the Defendant to the child is that of mother. Defendant currently resides with the following persons: Tyler Klinefleter, Timothy Klinefelter, Pete Gutshall. Plaintiff has 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. Plaintiff knows of the following persons not a parry to the proceedings who have claims to have custody or visitation rights with respect to the child: none. 18. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is capable of providing for the child's daily physical, social, emotional, and medical needs, and will ensure the child maintains a close relationship with Defendant. 19. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting him joint legal, and primary physical, custody of the child. Respectfully submitted, Spencer Abel Law Office III, f% 11'affi, fi 18.'? '?MAW,A I JUJFJ 11 uz a Spen er Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abel esq@fastmail.fm SCOTT DURHAM, Plaintiff v PAMELA DURHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - -1-4 CIVIL ACTION - LAW IN DIVORCE &r CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 44904 relating to unsworn falsification to authorities. Date: /t Z ZD d `'I ``$ Scott Durham a 'd SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 2007 - 74, PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Complaint for Divorce and Custody, I am this day serving a copy of same via Certified First Class U.S. Mail, to the following Defendant: Pamela Durham 875-2 Clifton Heights Road Hummelstown, PA 17036 Date: r) 1, / z e Spe Abel, Esq. Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 C) No t SCOTT DURHAM, PAMELA DURHAM, To the Prothonotary: Plaintiff v Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - CIVIL ACTION - LAW IN DIVORCE & CUSTODY PRAECIPE TO PROCEED INFORMA PAUPERIS Kindly allow Scott Durham, Plaintiff, to proceed in formapauperis. I, Suzanne Spencer Abel, attorney for the party proceeding in formapauperis, certify that I believe the party is unable to pay the costs and that I am providing free or significantly reduced- fee legal services to the party. Respectfully submitted, Spencer Abel Law Office z e Spence Abel, Esq. Atto y ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer_abel_esq@fastmail.fm tJ ? c 71- =il - rri n N J ll W '_1 e SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 2007 - 7 G PAMELA DURHAM, : CIVIL ACTION - LAW Defendant IN DIVORCE & CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of IS Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Scot Durham I n rY... I V i '"' • .Y ? t i i t ? ? C.0 . { V SCOTT DURHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7659 CIVIL ACTION LAW PAMELA DURHAM 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 Wednesday, January. 23, 2008 at 2:00 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/ ,Cohn j. Mangan, jr., Es q. .110 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 w y_ VIfig!VAMW43d SZ :C Wd LZ 330 LOOZ d 3H1. 30 AdViONC) iO 301-?Cr-031H SCOTT DURHAM, Plaintiff v PAMELA DURHAM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 7659 CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Scott Durham, by and . through his attorney, Suzanne Spencer Abel, Esquire, and avers the following: 1. 2. 3. 4. 5. 6. 7 8. Petitioner Scott Durham is a married, adult male residing at 2501 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Defendant Pamela E. Durham is a married adult female residing at 875 Clifton Heights Road, Apt. #2, Hummelstown, Dauphin County, Pennsylvania, 17036. The Petitioner and Defendant are the natural parents of one minor child, Faith Lynn Durham (DOB 4/26/2006). On December 22, 2007, Plaintiff filed a Complaint in Divorce and in Custody at the above docket number. A Conciliation Conference is scheduled before John Mangan, Esq., on Wednesday, January 23, 2008, at 2:00 p.m.. On January 7, 2008, Plaintiffs counsel learned that Defendant is represented by Margaret Simok, Esquire, Mid-Penn Legal Services, 213-A North Front Street, Harrisburg, PA 17101, in a collateral matter docketed in Dauphin County. As of January 8, 2008, U.S. Postal Service web site (www.usps.com) indicates Defendant has not yet accepted service via Certified Mail # 7004-2510-0003- 5089-9607. The parties share physical custody of Faith Lynn Durham. 9. On or about Tuesday, January 1, 2008, the Defendant was admitted to the psychiatric ward of the Hershey Medical Center for a mental/psychiatric evaluation. 10. The reason for her admittance was based upon severe self-mutilation by way of cutting her abdomen, hand area, and possibly other body parts unknown at this time. 11. Plaintiff now gravely fears for the safety of the minor child while she may be in the physical custody of the Defendant. 12. Plaintiff seeks temporary full physical custody of the minor child until such time as a complete psychiatric evaluation can be completed upon the Defendant to determine if she poses a threat of physical or mental harm to, or neglect of, the child. 13. Furthermore, based upon the above, Plaintiff seeks that Defendant only be allowed supervised physical custody with the minor child by either the Plaintiff or someone other than Defendant's family, relatives and significant other(s), i.e., a neutral third party. 14. Pursuant to a substantially similar Petition filed on January 4, 2008, at docket # 3962-CV-2005-CU in Dauphin County on a collateral matter, the Honorable Scott Evans signed a substantially similar Order on January 7, 2008, ordering the Defendant to submit to a psychiatric evaluation, with supervised visitation pending a Conciliation Conference to be scheduled upon receipt of the evaluation results. WHEREFORE, Petitioner Scott Durham respectfully requests in the best interests of the minor child that the Court GRANT this EMERGENCY PETITION FOR SPECIAL RELIEF and ORDER: a. that the Plaintiff have temporary full physical custody of the parties' minor child; and, b. continue indefinitely the Conciliation Conference presently scheduled for Tuesday, January 23, 2008, and, c. suspend the Defendant's physical custody unless supervised by either the Plaintiff or a neutral third-party; and, d. ORDER the Defendant to submit to a complete psychiatric evaluation of the Defendant prior to the custody conciliation to determine whether she poses a risk of harm to the minor child; and, e. the results of said psychiatric evaluation to made available to all parties rip •or to the re-scheduled custody conciliation Respectfully submitted, Spencer Abel Law Office aa&,U)NIq I Souza a Spenc Abel, Esq. Attor y ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abel esq@fastmail.fm SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN DIVORCE &z CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: - 0.4.J 200Y Scott Durham - :. SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2007 - 7659 PAMELA DURHAM, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Emergency Petition for Special ReAef, I am this day serving a copy of same via First Class U.S. Mail, to the following Defendant. Pamela E. Durham 875 Clifton Heights Road, Apt. #2 Hummelstown, PA 17036 Further, I am this day serving a copy of same via Certified First Class U.S. Mail, to the following counsel of record for Defendant. Margaret Simok, Esquire 213-A North Front Street Harrisburg, PA 17101 Date: -;?Mtv /542641DMV Su ne pen ter Abel, Esq. At neyID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 r---3 Sri ? K_ f SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PAMELA DURHAM, v Defendant : No. 2007 - 7659 CIVIL ACTION - LAW IN DIVORCE &r CUSTODY AMENDED COMPLAINT IN DIVORCE UNDER 23 P.S. 44 3301(c) and 3301(d) OF THE DIVORCE CODE, and IN CUSTODY COUNT I - DIVORCE AND NOW, this day of January, 2008, comes Plaintiff, Scott Durham, by and through his attorney, Suzanne Spencer Abel, Esq., and who files the following Complaint for Divorce and Custody, and in support thereof avers as follows: 1. 2. 3. 4. 5. 6. 7. 8. The Plaintiff is Scott Durham, currently residing at 2501 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. The Defendant is Pamela Durham, currently residing at 875-2 Clifton Heights Road, Hummelstown, Dauphin County, Pennsylvania. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on June 20, 2005, in Carlisle, Pennsylvania; and separated on July 15, 2007. The parties have one children from the marriage. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff respectfully requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. Plaintiff and Defendant have acquired personal property and debt during their marriage from June 20, 2005 through the present. 11. Plaintiff and Defendant have been unable to agree as to the equitable distribution of their property and debts. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debts. COUNT III - CUSTODY 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Plaintiff seeks custody of Faith Lynn Durham, (DOB 4/26/2006), currently residing at 2501 Mill Road, Mechanicsburg, Pennsylvania with Father; and at 875-2 Clifton Heights Road, Hummelstown, Pennsylvania with Mother. 14. The child was born during the marriage. The child is presently in the shared custody of Scott Durham, currently residing at 2501 Mill Road, Mechanicsburg, Pennsylvania; and Pamela Durham, currently residing at 875- 2 Clifton Heights Road, Hummelstown, Pennsylvania. During the past five (5) years, the child has resided with the following persons at the following addresses: 875-2 Clifton Heights Rd., Hummelstown, PA 03/06 - 09/07 Scott and Pamela Durham, Tyler Klinefleter (Child's maternal step-brother), Timothy Klinefelter (Child's maternal step-brother), Pete (Child's maternal uncle), Phil (Child's maternal uncle), Deedra Ice (Child's maternal grandmother) 15. 16. 129 Andrew Ct., Carlisle, PA 09/07-11/07 Scott Durham, Tyler Klinefleter (Child's maternal step-brother), Dalton (Child's paternal cousin), Terry (Child's paternal uncle), Shawna (Child's paternal aunt) Cedar Manor Estates, Elizabethtown, PA 09/07 -11/07 Pamela Durham, Tyler Klinefleter (Child's maternal step-brother), Paul Gutshall (Child's maternal uncle) 7073 Carlisle Pike, Lot 213, Carlisle, PA 11/07-12/07 Scott Durham, Tyler Klinefleter (Child's maternal step-brother), Penny Mummert (Father's girlfriend), Jessica Mummert (Girlfriend's daughter), Robert Winkleman (Daughter's fiancte), David Strawser (Girlfriend's son) 875-2 Clifton Heights Rd., Hummelstown, PA 11/07 - present Pamela Durham, Tyler Klinefleter (Child's maternal step-brother), Timothy Klinefelter (Child's maternal step-brother), Pete Gutshall (Child's maternal uncle) 2501 Mill Road, Mechanicsburg, PA 12/07- present Scott Durham, Tyler Klinefleter (Child's maternal step-brother), Penny Mummert (Father's girlfriend) The mother of the child is Pamela Durham, currently residing at 875-2 Clifton Heights Road, Hummelstown, Pennsylvania. She is married. The father of the child is Scott Durham, currently residing at 2501 Mill Road, Mechanicsburg, Pennsylvania He is married. The relationship of the Plaintiff to the children is that of father. Plaintiff currently resides with the following persons: Scott Durham, Penny Mummert, Jessica Mummert, Robert Winkleman, David Strawser. The relationship of the Defendant to the child is that of mother. Defendant currently resides with the following persons: Tyler Klinefleter, Timothy Klinefeker, Pete Gutshall. 17. Plaintiff has 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. Plaintiff knows of the following persons not a parry to the proceedings who have claims to have custody or visitation rights with respect to the child: none. 18. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is capable of providing for the child's daily physical, social, emotional, and medical needs, and will ensure the child maintains a close relationship with Defendant. 19. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting him joint legal, and primary physical, custody of the child. Respectfully submitted, Spencer Abel Law Office '? MP Su Spencer bet, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abel esq@fastmail.fm SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs : No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN DIVORCE CSC CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 44904 relating to unsworn falsification to authorities. Date: g JA-AJ- 000 Scott Durham SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v PAMELA DURHAM, Defendant : No. 2007 - 7659 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Amended Complaint in Divorce and in Custody, I am this day serving a copy of same via First Class U.S. Mail, to the following Defendant. Pamela E. Durham 875 Clifton Heights Road, Apt. #2 Hummelstown, PA 17036 Further, I am this day serving a copy of same via Certified First Class U.S. Mail, to the following counsel of record for Defendant. Margaret Simok, Esquire 213-A North Front Street Harrisburg, PA 17101 Date: S anne p ncer Abel, Esq. A orney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 C? ? C? [' ? `t1 r?za ? ., ?' ? G._.. "i ? l ? ? -? t'r'? ? ?,, } ? ' t' i ?-.?, _- t. ? ! ?'t ?- C:] !?? ? ? { ? : SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7659 CIVIL TERM PAMELA DURHAM, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Pamela Durham, in the above captioned case. Respectfully submitted, ?J El' abeth Place, Esquire idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 1-'?3 'a b SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7659 CIVIL TERM PAMELA DURHAM, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Elizabeth B. Place, Esquire, hereby certify that I have caused a copy of my Praecipe For Entry of Appearance to be served this 23 day of January, 2008 by First Class, United States mail, postage prepaid, addressed as follows: Suzanne Spencer Abel, Esquire 22 East Street, #6 Mt. Holly Springs, PA 17065 Respectfully submitted, E ' abeth Place, Esquire idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: /? 2,3. Q$ !w ? ?_.?f K_?l ` ;_. ,} .._.,? ? -_, 1 T ?A.? ?, ?i,? ..{; - Is 'JAN •' ?nR SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT tlk AND NOW this day of January, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. 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 her 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: The Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. On January 26, 2008, Mother shall have physical custody of the subject Child on Saturday day, the duration of the physical custody by mutual agreement. The times and exchange location shall be by mutual agreement. b. On Friday February 1, 2008, Mother shall have physical custody of the subject Child until February 2, 2008. The times and exchange location shall be by mutual agreement. C. Commencing February 8, 2008, Mother shall have physical custody of the subject Child every Friday evening until Sunday evening. Mother shall also have physical custody of the Child one evening per weekday, the times and day arranged by mutual agreement. d. Mother shall have addition periods of physical custody of the Child as mutually agreed to. 3. Holidays and Birthdays: A holiday schedule shall be established on the March 12, 2008 status update conciliation at 10:30 am. 4. Mother and father shall make ensure that proper car seats/restraints are used during the transportation of Faith Durham. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. r1 ?i' ;???? h?i'''? i ? _. .. Vi':, ft 6. 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 disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use 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. 9. 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. 10. A status update conciliation conference is hereby scheduled for March 12, 2008 at 10:30 am. By the Court, Distribution: Elizabeth Place, Esquire ianne Spencer Abel, ? Es 7hn J. Mangan, Esquire ?Kld Pen n A I, . SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 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 Faith Lynn Durham 4/26/2006 Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 with the following individuals in attendance: The Mother, Pamela Durham, with her counsel, Elizabeth Place, Esq. The Father, Scott Durham, with his counsel, Suzanne Spencer Abel, Esq. 3. The parties agreed to the entry of an Order in the form as attached. L Date Jo , Esquir Cu od ronciliator MAR 1 3 zoom„ v SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7659 CIVIL ACTION LAW PAMELA DURHAM, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT 1t? AND NOW this day of March 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. 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 her 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: The Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Commencing 3/14/08, Mother shall have physical custody of the subject Child from Friday 6:00 pm until Monday morning 9:00 am. This schedule shall continue for three consecutive weekends. Mother shall pick up the Child at the Exxon station near Father's residence and Father shall pick up the Child at the Turkey Hill near Mother's residence. b. On Monday 4/7/08, Mother shall have physical custody of the Child from 6:00 pm until 4/8/08 6:00 pm. Father shall transport the Child to the Turkey Hill on 4/7/08 and Mother shall transport the Child to the Exxon station on 4/8/08. C. Absent mutual agreement or further Order of Court, this schedule shall continue as outlined above. d. Mother shall have addition periods of physical custody of the Child as mutually agreed to. 3. Holidays and Birthday: A holiday schedule shall be established on the April 14, 2008 status update conciliation at 9:00 am. 4. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of Faith Durham. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. 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 parry, 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 disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use 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. 9. 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. 10. A status update conciliation conference is hereby scheduled for April 14, 2008 at 9:00 am. By the Court, Distribution: /Elizabeth Place, Esquire Xuzanne Spencer Abel, Esquire /ohn J. Mangan, Esquire y\ r Sa off/ Z C :? Ind ? I UVW HE SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 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: 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 Faith Lynn Durham 4/26/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 and Order of Court was issued January 28, 2008. A status update conference was held on March 12, 2008 with the following individuals in attendance: The Mother, Pamela Durham, with her counsel, Elizabeth Place, Esq. The Father, Scott Durham, with his counsel, Suzanne Spencer Abel, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo gan, Esquire C Cody onciliator & r AIA SCOTT DURHAM, IN THE COURT OF COMMON PL EAS OF Plaintiff CUMBERLAND COUNTY, PF`4NSY1 V ANIA V. No. 07-7659 CIVIL ACTION LAW PAMELA DURHAM, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT 4 AND NOW this 30 day of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court dated January 28, 2008 and March 14, 2008 are berehy VACATED. 2. Legal Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. The parties shall haN e 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 her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and i.,aformation 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 ;xtent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Father shall have primary physical custody of the 12hild subject to Mother's partial physical custody as follows: a. Commencing 5/2/2008, Mother shall have physical custody of Faith. from Friday 6:00 pm until Sunday 5/4/2008 at 4:00 pm. Mother shall pick up the Child on Friday and Father shall pick up the Child on Sunday and the exchange location shall be at their respective residences absent mutual agreement otherwise. b. Commencing Wednesday 4/30/2008, Mother shall have physical custody of Faith every Wednesday, Thursday and Friday from 8:00 am until 1:00 pm. Mother shall pick up and drop off Faith at Father's residence absent mutual agreement otherwise. C. Commencing Saturday 5/10/2008, Mother shall have physical custody of Faith three weekends in a row from Saturday 8:00 am until Monday morning at 8:00 am. Mother shall pick Faith up Saturday morning and Father shall pick Faith up Monday morning at the parties' respective residences absent mutual agreement otherwise. d. Commencing May 31, 2008, Mother shall have physical custody of Faith from Saturday morning 8:00 am until Sunday 4:00 pm. Mother shall pick Faith up Saturday morning and Father shall pick Faith up Sunday afternoon at the parties' respective residences absent mutual agreement otherwise. e. Should Mother or Father not be able to pick Faith up at the above-mentioned times, the party not being able to pick up Faith shall notify the other parent by 8:00 pm the night before the exchange day. Should either party be more than i fifteen minutes late for the exchange of the Child, that late party shall promptly notify the other party via telephone of the delay. f. Absent mutual agreement or further Order of Court, this schedule shall continue as outlined in subparagraphs 3 (b)-(d) above. g. Mother shall have addition periods of physical custody of the Child as mutually agreed to. 4. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of Faith Durham. 5. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications. 6. Counsel for the parties shall jointly draft correspondence to Mother's treating professionals stating their respective positions and request from Mother's treating professionals, based on their interactions and treatment of Mother, a position in writing on Mother's ability to co-parent Faith Durham and whether increased overnights or shared physical custody would be appropriate. Faith Durham's safety and best interest shall be of paramount concern and focus of said professional position. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. It is understood that household members at the parent's residences may also have telephone contact with Faith. 8. 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 disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 10. 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. 11. 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. a e 12. Upon request by counsel for the parties, after receipt of Mother's treating professionals' position or other change in circumstances, the assigned Conciliator is to schedule a status update conciliation conference. By the Court, ltkl,?AAV Distribution: Elizabeth Place, Esquire b / - OF Suzanne Spencer Abel, Esquire John J. Mangan, Esquire ?"' /?LLt\?^ roil 13 SZ :Z NJ I - 'gib! SON r SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUAVdARY REPORT M 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 Faith Lynn Durham 4/26/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 and Order of Court was issued January 28, 2008. A status update conference was held on March 12, 2008 and an Order of Court was issued March 14, 2008. A status update conference was held on April 28, 2008 with the following individuals in attendance: The Mother, Pamela Durham, with her counsel, Elizabeth Place, Esq. The Father, Scott Durham, with his counsel, Suzanne Spencer Abel, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo . M g , squire Cu ody onciliator SCOTT DURHAM, Plaintiff v PAMELA DURHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 7659 CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes the Petitioner, Scott Durham, by and through his attorney, Suzanne Spencer Abel, Esquire, and avers the following: 1. 2. The petition of Scott Durham respectfully represents that on April 30, 2008, an Order of Court was entered following the third Conciliation Conference this year, a true and correct copy of which is attached. This Order should be modified for the following reasons: a. Mother has consistently failed to exercise her custodial periods as agreed to and defined in Paragraph 3 and its subparagraphs of the Order. b. Mother has consistently failed to return the child as Ordered, and absent an agreement between the parties to alter the return time. c. Mother has failed to secure the medical documentation as required in Paragraph 6. d. Mother possessed opened containers of alcohol in her bedroom, where the child also sleeps, while the child is in her custody. e. Mother represented that her mother (grandmother) is an untreated schizophrenic, and further represented at the last Conciliation Conference that grandmother babysat the minor child. Father adamantly objected to grandmother's presence around the minor child, and Mother agreed to find another babysitter. Father has since learned that Mother allowed grandmother to move into the 2-bedroom apartment she also shares with her girlfriend and her 4 year old son. f. Father is increasing concerned for the ongoing safety and care of the minor child while she is in Mother's physical custody, as the 2-year-old child returns home from weekend visits with Mother in an emotionally and socially regressed state, in clothing that is inappropriate for the weather and time of day, and without appropriate rest. WHEREFORE, Petitioner, Scott Durham, respectfully requests this Honorable Court modify the existing Order awarding him primary physical custody, with supervised visitation with Respondent, because it will be in the best interest of the child. Respectfully submitted, Spencer Abel Law Office 1 Suz ne Spencer Abel, Esq. Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 (home office) (717) 323-0345 (FAX) spencerabel@comcast.net SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. c-, Date: ) Scott Durham SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition for Modification of a Custody Order, I am this day serving a copy of same via Certified First Class U.S. Mail, to the following counsel of record for Defendant. Elizabeth Place, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Date: dla )O® JY;f, 1itiff'5?m r/IfGV 1??' ,, Sutfine Spencer Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 AM I 8Mf SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7659 CIVIL ACTION LAW PAMELA DURHAM, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this 30 day of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court dated January 28, 2008 and March 14, 2008 are hereby VACATED. 2. Legal Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. 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 her 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. Physical Custody: The Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Commencing 5/2/2008, Mother shall have physical custody of Faith from Friday 6:00 pm until Sunday 5/4/2008 at 4:00 pm. Mother shall pick up the Child on Friday and Father shall pick up the Child on Sunday and the exchange location shall be at their respective residences absent mutual agreement otherwise. b. Commencing Wednesday 4/30/2008, Mother shall have physical custody of Faith every Wednesday, Thursday and Friday from 8:00 am until 1:00 pm. Mother shall pick up and drop off Faith at Father's residence absent mutual agreement otherwise. C. Commencing Saturday 5/10/2008, Mother shall have physical custody of Faith three weekends in a row from Saturday 8:00 am until Monday morning at 8:00 am. Mother shall pick Faith up Saturday morning and Father shall pick Faith up Monday morning at the parties' respective residences absent mutual agreement otherwise. d. Commencing May 31, 2008, Mother shall have physical custody of Faith from Saturday morning 8:00 am until Sunday 4:00 pm. Mother shall pick Faith up Saturday morning and Father shall pick Faith up Sunday afternoon at the parties' respective residences absent mutual agreement otherwise. e. Should Mother or Father not be able to pick Faith up at the above-mentioned times, the party not being able to pick up Faith shall notify the other parent by 8:00 pm the night before the exchange day. Should either party be more than fifteen minutes late for the exchange of the Child, that late party shall promptly notify the other parry via telephone of the delay. f. Absent mutual agreement or further Order of Court, this schedule shall continue as outlined in subparagraphs 3 (b)-(d) above. g. Mother shall have addition periods of physical custody of the Child as mutually agreed to. 4. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of Faith Durham. 5. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications. 6. Counsel for the parties shall jointly draft correspondence to Mother's treating professionals stating their respective positions and request from Mother's treating professionals, based on their interactions and treatment of Mother, a position in writing on Mother's ability to co-parent Faith Durham and whether increased overnights or shared physical custody would be appropriate. Faith Durham's safety and best interest shall be of paramount concern and focus of said professional position. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. It is understood that household members at the parent's residences may also have telephone contact with Faith. 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 disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 10. 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. 11. 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. 12. Upon request by counsel for the parties, after receipt of Mother's treating professionals' position or other change in circumstances, the assigned Conciliator is to schedule a status update conciliation conference. By the Court, J. Distribution: Elizabeth Place, Esquire Suzanne Spencer Abel, Esquire John J. Mangan, Esquire TRUE COPY FROM RECORD i Testimony whereof, I here unto W My hrrK :d the seal of said Court at CorWO P. SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL 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 Faith Lynn Durham 4/26/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 and Order of Court was issued January 28, 2008. A status update conference was held on March 12, 2008 and an Order of Court was issued March 14, 2008. A status update conference was held on April 28, 2008 with the following individuals in attendance: The Mother, Pamela Durham, with her counsel, Elizabeth Place, Esq. The Father, Scott Durham, with his counsel, Suzanne Spencer Abel, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo . M g , squire C ody onciliator C? ? Cy cy s;? ?y ?-a:,? J ?? ?? .. C , `? C - . ? "` f'? ?5 \ Q - t--?? -r ? < ? ? ? r? !: SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2007 - 7659 PAMELA DURHAM, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR CONTEMPT AND NOW, this ?? day of June, 2008, comes Scott Durham, Petitioner, by and through his attorney, Suzanne Spencer Abel, Esq., and who avers as follows: 1. 2. 3. 4. The Petitioner is Scott Durham, in the above captioned matter. He is represented by legal counsel, Suzanne Spencer Abel, Esq. The Respondent is Pamela Durham, Defendant in the above captioned matter. She is represented by Jessica Holst, Esq. On April 30, 2008, an Order of Court (Order") was entered in the above captioned matter. A true and correct copy of the Order is attached. Since the Order, Respondent has had 26 occasions to pick up or drop off Faith, all contrary to Paragraph 3 of the Order. a. On April 30, Respondent's girlfriend returned Faith late at 1:50 p.m. without notice to Petitioner she would be late. b. On May 1, 2008, Respondent arrived late at 8:15 am, and gave 7 minutes notice to Petitioner that she was going to be late. Respondent's girlfriend returned Faith at 12:45 pm, without her coat when the high temperature of the day was 59°, and the weather was overcast and very windy. c. On May 2, 2008, Respondent arrived late, at 8:05 a.m., without notice to Petitioner that she was going to be late. d. On May 7, 2008, Respondent and Respondent's girlfriend arrived late, at 8:15 a.m. without notice to Petitioner that she was going to be late, and Respondent's girlfriend returned at 1:10 p.m., again without notice to Petitioner that she was going to be late. e. On May 8, 2008, Respondent and Respondent's girlfriend arrived late, at 8:12 a.m., and gave 10 minutes notice to Petitioner that she was going to be late. Respondent's girlfriend returned Faith at 1:15 p.m., without notice to Petitioner that she was going to be late. f. On May 10, 2008, Respondent failed to call or show for her 8:00 a.m. pick up. At 8:10 a.m., Petitioner called Respondent to see if she was coming. Respondent advised Petitioner she hurt her back but knew she would feel better later and asked to pick up Faith at 1:00 p.m. Petitioner said he would call her to verify new time after he was done working. At 10:13 a.m., Respondent sent a text message to Petitioner; Petitioner said he would call when he was next available. At 10:48 a.m., Petitioner called Respondent and advised Faith would be available at 6:00 p.m.. Respondent responded by screaming with profanity and name calling, accusing Petitioner of trying to keep Faith from her. Respondent arrived at 6:05 p.m. with no apparent pain as she picked up Faith and bent over to place her in the car seat in the middle of the back seat. g. May 15, 2008, by agreement of the parties, Respondent's pick-up time was changed to 12:00 noon. At 11:45 a.m., Respondent notified Petitioner she was "running a bit behind," knowing that Petitioner had a doctor's appointment to attend at 1:00 p.m. Petitioner called Respondent at 12:18 p.m. and again at 12:20 p.m., both times got no answer. Petitioner called Respondent again at 12:23 p.m. and advised Respondent he could no longer wait for her. Respondent responded by screaming with profanity and name calling. Petitioner asked her to stop. When Respondent continued raging, Petitioner hung up. At 12:25 p.m., Respondent called Petitioner and immediately resumed her raging by continuing to scream with profanity and name calling. Petitioner again asked her to stop. Petitioner hung up. At 12:53 p.m., Respondent sent an apologetic text message and advised she would call him later. At 8:07 p.m., Respondent called to talk to Faith and was advised she was in bed pursuant to her 7:30 p.m. bedtime. h. On May 16, 2008, Respondent arrived at 7:50 a.m., without notice, but was rude to Petitioner's girlfriend, Penny, in front of Faith. At 8:40 a.m., Respondent called Penny notifying her she would not return Faith by 1:00, as Respondent had an appointment regarding Tyler (which had been scheduled on May 5, 2008), and that she would return Faith as soon as the appointment was done. At 10:30 a.m., Petitioner called Respondent, got no answer, and left a message to call him. At 11:34 a.m., having received no response from Respondent, Petitioner sent a text message to Respondent seeking clarification of the can to Penny. At 12:45 p.m., Petitioner called Respondent, who advised Petitioner she did not hear the phone and would return Faith after Tyler's 1:00 p.m. appointment. Respondent returned Faith at 3:20 p.m.. Faith's 2%Z month-old sneakers had been removed; and she was now wearing sandals that were inappropriate for the rainy, damp, chilly weather on a day where the high temperature was 60°. Respondent advised Petitioner she threw out the shoes, and subsequently advised him on May 19, 2008, that she could not afford to replace the shoes she threw out because she bought shoes for her other two children. i. On May 17, 2008, Respondent's girlfriend arrived at 8:12 a.m., without notice to Petitioner that she was going to be late, and advised that Respondent was at home. Petitioner immediately sent a text message to Respondent asking why she sent her girlfriend to pick up Faith. Respondent replied via text message that she was at home with her other son. j. On May 20, 2008, Respondent sent a text message to Petitioner advising that she would not return Faith until between 2:00 and 3:30 the next afternoon. Petitioner returned a text message saying Faith needed to be returned by 1:00 p.m.. k. On May 21, 2008, Respondent arrived at 7:53 a.m. without notice and refused to get out of her car to get Faith. At 12:03 p.m., Respondent sent Petitioner a text message advising Petitioner that Respondent's girlfriend would be returning Faith, and that Faith would need lunch. Respondent's girlfriend returned Faith at 12:20 p.m.. 1. On May 22, 2008, Respondent sent text message to Petitioner notifying him that she and her girlfriend would return Faith late due to Respondent's job interview. Respondent, Respondent's girlfriend, and Respondent's mother returned Faith at 1:30 p.m.. m. On May 23, 2008, Respondent called Petitioner at 8:14 a.m., notifying him she would be late; Respondent's girlfriend arrived at 10:35 a.m. n. On May 24, 2008, Petitioner received a call from Respondent at 8:41 p.m. to come pick up Faith (and Respondent's 3% year old son, Tyler) as Respondent had stomach pain and wanted to go to the hospital. o. On May 30, 2008, Respondent sent a text message to Petitioner directing "do not b at ur house cuz I don't know how 2 tell ty u don't want him nemore." Respondent, Respondent's girlfriend, Respondent's mother, and Tyler Klinefelter (Respondent's 3 % year old son,) arrived at 7:46 a.m., without notice and demanded immediate custody of Faith. 5. In accord with Paragraph 6 of the Order, Counsel for Respondent drafted a letter to Respondent's evaluating psychiatrist on or about April 28, 2008. Also on that date, Counsel for Petitioner drafted an alternate letter and forwarded it via email to Respondent's Counsel. To date, Respondent's Counsel has not responded to Petitioner's Counsel in any way such that Respondent's treating medical professionals have not had the opportunity to respond to Petitioner's concerns about Respondent's medical status relative to her ability to provide a safe environment for Faith, contrary to Paragraph 6 of the Order. 6. At approximately 8:48 p.m. on May 25, 2008, Petitioner returned Tyler to Respondent's residence, who was hospitalized at that time. Respondent's mother was present. Respondent's mother directed Petitioner to go into Respondent's/Faith's bedroom to get clothes for Faith. Upon entering the bedroom, Petitioner saw, and documented, a partially consumed bottle of alcohol and various sexual aids sitting on the dresser. 7. At approximately 2:00 p.m. on May 30, 2008, Respondent gave her sister physical custody of Faith, and directed her sister to conceal Faith's whereabouts from Petitioner. 8. At 3:14 p.m., Friday, May 30, 2008, at Petitioner filed a Petition for Modification alleging Respondent's repeated and consistent failure to comply with the terms and conditions of the April 30th Order. 9. At approximately 5:00 p.m. on Friday, May 30, 2008, Petitioner received a phone call from Respondent's sister, advising him that she had custody of Faith, and asked him to come to her home and pick up his daughter. Petitioner promptly went to Respondent's sister's house, whereupon sister revealed Respondent's highly troublesome conduct sister had witnessed since December 2007, including, but not limited to Respondent's inability/ unwillingness to provide for Faith's basic food and medical care needs, Respondent's continued refusal to seek and/or accept medical treatment for her suicidal depression, Respondent's continued to insistence that her parenting style is not subject to review or modification, and Respondent's continued residence with the sisters' untreated, paranoid, delusional schizophrenic mother to whom Respondent entrusts Faith's care, all contrary to Paragraphs 5, 8, and 10 of the Order. 10. At approximately 6:12 p.m. on Saturday, May 31, 2008, Petitioner text- messaged Respondent asking about Faith. Respondent replied: "She's fine," although she had neither seen nor spoken with Faith for over 28 hours. 11. On June 4, 2008, Petitioner read the verified Petitioner for Protection from Abuse filed on behalf of TLK at Docket No. 2008-3369, detailing the generalized revelations Respondent's sister previously made on May 30, 2008. Petitioner was appalled and shocked at the allegations, and in genuine fear for Faith's health and safety in Respondent's care, and specifically contrary to Paragraphs 2, 5 and 10 of the Order. A copy of the Petition docketed at No. 2008-3369 is attached. 12. On Thursday, June 5, 2008, despite confirmation via counsel that Respondent would comply with every provision of the Order, Respondent arrived at 8:05 a.m., without a car seat for Faith. When Petitioner refused to permit Faith to be transported without a car seat, and contrary to Paragraph 4 of the Order, Respondent called the Lower Allen Township Police Department whose officers advised Respondent she needed to comply with Pennsylvania's car seat law and directed her to obtain a compliant car seat. 13. The Petitioner believes the Respondent is in continuous, material contempt of the Order of Court dated April 30, 2008, and that such contempt substantially jeopardizes the best interests of the minor child's immediate physical and emotional health and safety, and therefore, requests a hearing in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order finding Respondent in Contempt of Court after a hearing in this matter, and immediately suspend Respondent's visitation rights, pending that hearing. Respectfully submitted, Spencer Abel Law Office L WI Suza a Spen er Abel, Esq. Atto hey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 (home office) (717) 323-0345 (FAX) spencerabel@comcast.net SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2007 - 7659 PAMELA DURHAM, : CIVIL ACTION - LAW Respondent . IN CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: -O V( J, ' Z6lJ?• Scott Durham Via wru? G" n?,u?. NO I $=f SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7659 CIVIL ACTION LAW PAMELA DURHAM, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this .30 -- day of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court dated January 28, 2008 and March 14, 2008 are hereby VACATED. 2. Legal Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. 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 her 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 Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Commencing 5/2/2008, Mother shall have physical custody of Faith from Friday 6:00 pm until Sunday 5/4/2008 at 4:00 pm. Mother shall pick up the Child on Friday and Father shall pick up the Child on Sunday and the exchange location shall be at their respective residences absent mutual agreement otherwise. b. Commencing Wednesday 4/30/2008, Mother shall have physical custody of Faith every Wednesday, Thursday and Friday from 8:00 am until 1:00 pm. Mother shall pick up and drop off Faith at Father's residence absent mutual agreement otherwise. C. Commencing Saturday 5/10/2008, Mother shall have physical custody of Faith three weekends in a row from Saturday 8:00 am until Monday morning at 8:00 am. Mother shall pick Faith up Saturday morning and Father shall pick Faith up Monday morning at the parties' respective residences absent mutual agreement otherwise. d. Commencing May 31, 2008, Mother shall have physical custody of Faith from Saturday morning 8:00 am until Sunday 4:00 pm. Mother shall pick Faith up Saturday morning and Father shall pick Faith up Sunday afternoon at the parties' respective residences absent mutual agreement otherwise. e. Should Mother or Father not be able to pick Faith up at the above-mentioned times, the party not being able to pick up Faith shall notify the other parent by 8:00 pm the night before the exchange day. Should either party be more than fifteen minutes late for the exchange of the Child, that late party shall promptly notify the other party via telephone of the delay. f. Absent mutual agreement or further Order of Court, this schedule shall continue as outlined in subparagraphs 3 (b)-(d) above. g. Mother shall have addition periods of physical custody of the Child as mutually agreed to. 4. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of Faith Durham. 5. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications. 6. Counsel for the parties shall jointly draft correspondence to Mother's treating professionals stating their respective positions and request from Mother's treating professionals, based on their interactions and treatment of Mother, a position in writing on Mother's ability to co-parent Faith Durham and whether increased overnights or shared physical custody would be appropriate. Faith Durham's safety and best interest shall be of paramount concern and focus of said professional position. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. It is understood that household members at the parent's residences may also have telephone contact with Faith. 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 disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 10. 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. 11. 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. 12. Upon request by counsel for the parties, after receipt of Mother's treating professionals' position or other change in circumstances, the assigned Conciliator is to schedule a status update conciliation conference. By the Court, J. Distribution: Elizabeth Place, Esquire Suzanne Spencer Abel, Esquire John J. Mangan, Esquire TRUE COPY FROM RWORU n Testimony wMrW, l here unit at f N harK id the wW of skid Ow" at Css'WI F& a,.. SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 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 Faith Lynn Durham 4/26/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 and Order of Court was issued January 28, 2008. A status update conference was held on March 12, 2008 and an Order of Court was issued March 14, 2008. A status update conference was held on April 28, 2008 with the following individuals in attendance: The Mother, Pamela Durham, with her counsel, Elizabeth Place, Esq. The Father, Scott Durham, with his counsel, Suzanne Spencer Abel, Esq. 3. The parties agreed to the entry of an Order in the form as attached. uire Date q0C y o nciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n PATRICIA GUTSHALL, on behalf of TLK, a Minor Child, Plaintiff V. PAMELA DURHAM, Defendant Docket # 2008 - PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE t_ N ra t7 TV c7 -?, ,c a 1. Plaintiffs' names are is Patricia Gutshall, maternal aunt of Tyler Lee Minefelter (TLK), a minor child. TLK's date of birth is September 4, 2004. 2. I am filing this Petition on behalf of [ ] myself and/or [XX] another person as [ J parent of minor Plaintiff(s) [ ] adult household member with minor Plaintiff(s) [XX] applicant for appointment as guardian ad litem of minor Plaintiff(s) [ ] court appointed guardian of incompetent Plaintiff(s). 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Tyler Lee Klinefelter, minor child 4. [ ] Plaintiff's address is confidential, or [XX] Plaintiffs address is 3538 Rolo Court Street Mechanicsburg, PA 17055 . 5. Defendant is believed to live at the following address: 875-2 Clifton Heights Road, Hummelstown. PA Defendant's Social Security Number (if known) is: unknown . Defendant's date of birth (if known) is: July 31, 1979 . Defendant's place of employment (if known) is: unknown [ ] check here if you have reason to believe that Defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer, is employed as a writer, researcher or technical in the firearms or hunting industry or is required to carry a firearm as a condition of employment. [ ] check here if Defendant is 17 years old or younger. 6. The relationship between Plaintiff and Defendant is: [ ] spouse or former spouse of Defendant [ ) parent of a child with Defendant [ J current or former sexual or intimate partner with Defendant [ J child of Plaintiff [XX] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [XX] sibling (person who shares parenthood) of Defendant [ J current or former cohabitant (person who lives with) Defendant 7. Plaintiff and Defendant have been involved in the following court actions: [ ]divorce [ ] custody [ ] support [ ] protection from abuse PW other: the Minor Plaintiff is the subject of the Custody Matter of Pamela Durham v. Brandon Monette, in Dauphin County, Pennsylvania The court and docket # for the above checked court actions is: 1196 CV 2005. 8. The Defendant [ ] has / [3M has not been involved in any criminal actions. If the Defendant has been involved in criminal matters, the Defendant [ ] is / [3XJ is not currently on probation. 9. Plaintiff and Defendant are the parents of the following minor children: (list name, age & current residence of each minor child) none 10. Plaintiff and Defendant have an existing court order regarding custody of their minor children as follows: see Paragraph 7 above . The Order was entered in Dauphin County, Pennsylvania. A true and correct copy is attached. 11. The following other minor child/ren presently live with Plaintiff: (list name, age & current residence of each minor child) none 12. The facts of the most recent incident of abuse are as follows: (Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law enforcement). On or about (date) Friday. May 30. 2008 , at 9:15 AM am / pm, at (location) 3538 Rolo Court, Mechanicsburg PA 17055 in Cumberland County , Pennsylvania, Plaintiff Patricia Gutshall received a phone call from her sister Defendant Pamela Durham Defendant was distraught, depressed and crying Defendant told Plaintiff she had walked off her Job because she was hurting so her employer fired her. Defendant told Plaintiff that their mother, who lives with Defendant had eaten all the food in the house. so "I have no food for the kids:" MLIer, the instant 3% year old minor plaintiff, and Faith Durham Defendant's 2 year old daughter and not a gg_rt to the instant matter). Defendant wanted the phone number of the food bank Plaintiff said she didn't have that number and suggested Defendant ask the parties' mother. Defendant's crying became hysterical as she explained that their mother was at work and not answering her cell phone Plaintiff suggested Defendant come to Plaintiffs home where she could give her some food and money. Defendant became even more hysterical stating she didn't even have enough gas to get to Plaintiffs home Plaintiff suggested Defendant call the parties' mother's employer to see if they could get a message to their mother, and then call Plaintiff back to let her know how she made out By 11:30 am, when Defendant has not called back Plaintiff became concerned and called Defendant. There was no answer. At 12:30 pm, Defendant called Plaintiff. Defendant was again crying hysterically and told Plaintiff she was driving home from the food bank Defendant told Plaintiff she was overwhelmed and tired of doin¢ everything herself. Defendant told Plaintiff she did not want to live anymore, that ahe just wanted to give up and die. Defendant begged Plaintiff to come and get the kids Plaintiff was gravely concerned because while Defendant frequent y sounded depressed and discussed suicide this was the first time Defendant asked Plaintiff to come and get the children Plaintiff believed Defendant intended to imminently harm herself, and would harm the children if they were present Plaintiff told Defendant she would call off work and then call Defendant right back. At 12.45 pm, Plaintiff called Defendant Plaintiff could hear the children screaming and-.Irving- in the background Plaintiff asked Defendant why the children were Irving Defendant screamed at the children to shut up then told Plaintiff, "I don't know: thev always do that." Plaintiff asked Defendant if she had called anyone to help or would consider going to the hospital Defendant told her she would not go back to the hospital because "they don't help: they just make me do crafts." Plaintiff suggested Defendant call Crisis Intervention or her counselor, and then told Defendant she would come over as soon as she could call her emplover again and make arrangements for her own son At 1:4.0 pm. Plaintiff and the parties' brother. Pete left to go to Defendant's home. They arrived around 2.10 pm Pete entered Defendant's home while Plaintiff secured her purse in her vehicle When Plaintiff entered Defendant's home she saw and heard the Defendant's girlfriend/roommate Melissa engaged in a heated discussion with an insurance adjustor, discussing Melissa's felony insurance fraud charges Plaintiff then saw and heard the two young children screaming and running around the apartment uncontrolled and unsupervised. Faith was unkempt and wearing_pg.a nas that were filthy and too big, so they were falling off her Tyler was wearing the previous day's clothes that were dirty and food encrusted ler's fingernails protruded well past his fingertips and were packed with filth and dirt His hands and face were stained from food and-filth. Plaintiff entered Defendant's bedroom and saw Defendant curled up on her bed where she was talking with Pete There were no linens or blankets on either Defendant's bed or Faith's bed which is located in Defendant's bedroom. Defendant told Plaintiff that the kids wanted her attention that she hurt (from her recent appendectomy surgery) and that the kids just wouldn't leave her alone. The children entered the bedroom and attempted to climb on Defendant Defendant ignored them and walked into the living room Plaintiff told Defendant she would take the children Defendant immediately changed the children's clothes then packed several days' clothes and personal possessions of the children for Plaintiff to take with her. Defendant did not have any diapers for Faith, so she gave Plaintiff Tyler's pull-ups Defendant told Plaintiff to keen the children indefinitely, until she called Plaintiff for their return Plaintiff repeatedly asked Defendant to call someone for help Defendant adamantly refused and angrily Yelled "I'm not going to the hospital: all they do is lock you up and make you do crafts they don't help " Defendant again told Plaintiff she was suicidal, and was afraid she would hurt the kids Defendant then admonished Plaintiff not to disclose to Faith's father the day's events as he might use it against her. As she was leaving with the children Defendant confronted Melissa about the adjustor's visit. Defendant began swearing screaming and yelling at Melissa Plaintiff promptly took the children and left When Plaintiff arrived home at 4:30 pm, she received a phone call from her employer, who terminated her for taking the day off. Plaintiff called Faith's father who immediately picked her up and took her home with him Defendant called Plaintiffs home around noon the next day. Saturday, but did not leave a message Defendant called again around 5.00 pm and left a message to call her, that she wanted the kids back in anticipation of the custody exchange of Faith on Sunday. Plaintiff called the Upper Allen Township Police Department to see what could be done to protect Tyler. She learned that she could initiate a 4302 involuntary commitment referral for Defendant, which would automatically prompt Dauphin County Children & Youth intervention with hkelyplacement in foster care At approximately 7_30 pm, Plaintiff called Defendant and asked permission to keep the children and exchange custody of Faith herself Defendant agreed Plaintiff then asked to keep Tyler for several weeks until Defendant gets back on her feet Defendant y, and began bawling and crying hysterical], agreed Defendant still sounded extremely depressed and kept saving she was tired of being alone and overwhelmed of struggling_just to get by and of just wanting to die Plaintiff asked if Defendant was going to counseling Defendant did not answer. Plaintiff asked if Defendant had called anyone to help Defendant only repeated that she just wanted to die. Defendant then asked Plaintiff to call when the kids were going to bed so she could tell them goodnight Plaintiff called Defendant at 9.15 pm when she was putting Tyler to bed Defendant did not answer. whout the weekend, Plaintiff notes that Tyler has eaten voraciously. not merely frequently and in large quantities. but jamming all his food into his mouth at once, and eating very fast. Plaintiff has regularly seen Tyler eat over the east 3% years, and this pattern is very unusual Plaintiff believes Tyler has been underfed for several days, if not several weeks 13. Defendant has committed prior acts of abuse against Plaintiff and/or the minor children: (Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law enforcement). Plaintiff has repeatedly witnessed Defendant phvsicallv and verballv assault her children Plaintiff has only ever witnessed Defendant's discipline as an expression of rage, not of reason or limit-setting Defendant nuts her children in a room and shuts the door as a "time-out". while the child screams and yells and cries to be let out. Defendant then yells and screams to "shut the fuck up or I'll give you something to cry about." When the child continues to cry and scream, Defendant storms into the bedroom and slams the door shut Defendant can then be heard to be repeatedly hitting the child as she verbally rages, until the Defendant is too tired to continue If the child/ren continue to cry. Defendant tells another adult to "go shut them up" or to put them to bed Plaintiff has seen that when Defendant spanks her child/ren she yanks the child off the ground by one arm then repeatedly spanks their bottom as if she were hitting a pinata. Plaintiff has never seen Defendant hit her child/ren only once. Rather, every spanking consists of at least 6 swats combined with screaming and yelling obscenities including referring to them as "you little bastard". Plaintiff has repeatedly witnessed Defendant seream111g,,Vp g, and swearing at her children and telling them to "move your fucking ass or I'll smash your face" and she shoves them forward with her hand or foot causing the child to fall. Plaintiff has attempted to discuss Defendant's_parenting methods, but Defendant insists that "these are my fucking kids and I can do whatever I want." Plaintiff took Defendant to the Hershey Medical Center_ on January 1-3. 2008 for a §302 commitment after a suicide attempt with self-mutilation subsequent to consuming alcohol Plaintiff also knows that Defendant was revio admitted at Holy Spirit Hospital and Hershey Medical Center both pursuant to §302 commitments Since January 2008, Defendant has peatedly told Plaintiff that she is not taking her medications regularly and that she continues to drink alcohol Defendant has also admitted to Plaintiff that she is not going to her counseling appointments Plaintiff further knows that Defendant resides with their mother, who has been diagnosed as an untreated paranoid, delusional schizophrenic. Plaintiff knows that Defendant uses their mother as a babysitter, even though she acknowledges to Plaintiff that their mother isn't capable of caring for the children. Defendant has admitted to Plaintiff that she attempted suicide via overdose of her antidepressants and prescn tion pain medications Defendant's last admitted suicide attempt occurred subsequent to her January commitment and was discovered by Melissa, who forced Defendant to vomit the prescription pain pills she had ingested. Defendant told Plaintiff that she has enough pills left to "do it right next time". especially since getting more pain medications after her appendectomy surgery in May 2008 Defendant has also repeatedly told Plaintiff that she will "end it all" by smashing or running her car into a telephone pole Plaintiff knows that Defendant's children are usually in the car with Defendant. Plaintiff further knows that Defendant re_gWM& uses Plaintiff and other family member to babvsit her children while she goes out drinking_and pang with her girlfriends. Defendant told Plaintiff she recently lost her public assistance cash food and medical benefits. Defendant has not appealed the revocation of those benefits even though it directly and adversely impacted her children Plaintiff suggested Defendant look into various other resources including WIC Salvation Army, HUD. ChildCare Network etc but Defendant has refused to access any of those resources, even though they would benefit her children immediately, and over the long term Plaintiff is very fearful for Tyler's immediate health and safety given Defendant's inability or unwillingness to seek appropriate help with her unstable and unpredictable psychological state to provide for her children's most basic safety nutrition and hygiene needs and to learn more appropriate parenting methods. 14. Defendant has used or threatened to use against Plaintiff and/or the minor child/ren the following weapons: none 15. The police department or law enforcement agency in the area in which Plaintiff resides that should be provided with a copy of the protection order is: Upper Allen Township Police Department 16. There is an immediate and present danger of further abuse from the Defendant. Plaintiff is asking the Court to eviet-ate exclude the Defendant from the following residence: 3538 Rolo Court. Mechanicsburg. PA 17055 , which is ] owned by , and/or [XX] rented by Plaintiff. Patricia Gutshall . [XX] Defendant owes a duty of support to Plaintiff and/minor child/ren. [XX] Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Plaintiff Gutshall was terminated from her job as the result of having to call off work to pick up the minor children. Plaintiff Gutshall has incurred the costs of shelter, food and clothing. child care, and medical care . FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: [XX] A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff and/or minor children may be found. [XX] B. E Aet- / exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [ ] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [XX] D. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and children: unlimited visitation but such visitation shall be arranged and supervised by a competent mental health professional The costs of such visitation shall be borne by the Defendant Defendant is specifically prohibited from directly or indirectly contacting the Plaintiff for any reason, including but not limited to arranging such visitation [XX] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. [ ) G. Order Defendant to temporarily relinquish some or all of the firearms, other weapons, and/or ammunition listed on Attachment A to this `petition and any firearm license to the sheriff of this county and/or prohibit Defendant from transferring, acquiring, or possessing some or all firearms for the duration of the order. [XX] H. Order Defendant to pay temporary support for Plaintiff and/or minor child/ren, including medical support and [ ] payment of the rent or mortgage on the residence. [XX) I. Order Defendant to pay the costs of this action, including filing fees and service fees. [XX] K. Order Defendant to pay Plaintiff's reasonable attorney's fees. [XX] L. Order the following additional relief, not listed above: Brandon Monette, of 121 Colgate Avenue. Buffalo. NY 14220, 716-783-5677 father of the minor child and Defendant in the custody matter in Dauphin County at Docket # 1196 CV 2005, shall be notified of these procee gs with service to be completed by Counsel for Plaintiff [ M. Grant such other relief as the Court deems appropriate. {XX] N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, Spencer Abel Law Office 1?! I,.f? ?i ?.. C?v?n inn .. '?? i ? .. Suzgne Speheer Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 Home Office (717) 323-0345 Fax spencerabel@comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA GUTSHALL, on behalf of TLK, a Minor Child, Plaintiffs Docket # 2008 -3?0 V. PAMELA DURHAM, PROTECTION FROM ABUSE Defendant VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 44904 relating to unworn falsification to authorities. Date: [P - 1 0 Patricia Guts PATRICIA GUTSHALL, on behalf of TLK, a minor child, Plaintiff V. PAMELA DURHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3369 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of June, 2008, upon consideration of Plaintiffs Petition for Protection from Abuse, a hearing is scheduled for Wednesday, July 2, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PLAINTIFF IS lercbPy dhvcW to s Defer Pmele Dwhwn and n MOMM with a copy of ibis petition, wtd notice of 11effirig. S e Spencer Abel, Esq. East Street, #6 ount Holly Springs, PA 17065 Attorney for Plaintiff :rc J. 44 s 3'+l o; day MV 404 BY THE COURT, SCOTT DURHAM, Petitioner v PAMELA DURHAM, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 2007-7659 CIVIL TERM CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition for Contempt, I am this day serving a copy of same via hand delivery, to the following counsel of record for Defendant. Date: 61?or Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 4e7z Spenc r Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 V ? r t75 r °C * ) n7 SCOTT DURHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA DURHAM DEFENDANT 2007-7659 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 04, 2008 , 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 Wednesday, July 02, 2008 at 11:00 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, 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/ john. 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 -nlt Y,,e ?,4?7 ?I :Z ltd S- Nnr BQOZ ' 'OOC ' t ld Hl ? 6?t% SCOTT DURHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA DURHAM DEFENDANT 2007-7659 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 06, 2008 , upon consideration of the attached Complaint, it is hereby directed that paflies and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 16, 2008 at 9:00 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, 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/ John j. Mangan, r. Es q. t)M 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 VINVAIASNN-3d "W" ?o 4 SCOTT DURHAM, Petitioner v PAMELA DURHAM, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2007-7659 CIVIL TERM./ PATRICIA GUTSHALL, on behalf of TLK, a Minor Child, Petitioner V. PAMELA DURHAM, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3369 CIVIL TERM MOTION TO CONSOLIDATE AND NOW, this , , day of June, 2008, comes Scott Durham, Petitioner SD; and Patricia Gutshall, Petitioner PG; by and through their mutual attorney, Suzanne Spencer Abel, Esq., and who aver as follows: 1. 2. The Petitioner SD is Scott Durham, natural father of Faith Durham, age 2 years, and the subject minor child in the above captioned matter at No. 2007- 7659. He is represented by legal counsel, Suzanne Spencer Abel, Esq. The Petitioner PG is Patricia Gutshall, maternal aunt, on behalf of TLK, a minor child, age 3%s years, and the subject minor child in the above captioned matter at No. 2008-3369. She is represented by legal counsel, Suzanne Spencer Abel, Esq. • 4 3. The Respondent is Pamela Durham, Defendant natural mother of both minor children who are the subjects of the above captioned matters. Petitioners' counsel has been advised by Grace D'Alo, Esq. that she represents Respondent in both above captioned matters. 4. By Order of Court dated April 30, 2008, the Honorable M.L. Ebert adopted the Conciliator's Report entered in the above captioned matter at 2007-7659. A true and correct copy of Order #1 is attached. 5. On May 30, 2008, Petitioner SD filed a Petition for Modification of the Custody Order. A Conciliation Conference has been scheduled in this matter for July 2, 2008, at 11:00 a.m.. A true and correct copy of the Petition for Modification and the Order #2 scheduling the Conference are attached. 6. On June 2, 2008, Petitioner PG filed a Petition for Protection from Abuse (PFA Petition) on behalf of her nephew, TLK, whose care and custody she was entrusted with by Respondent on May 30, 2008. By Order dated June 2, 2008, the Honorable J. Wesley Oler, Jr. scheduled a hearing on the PFA Petition for Wednesday, July 2, 2008 at 9:30 a.m.. A true and correct copy of Order #3 is attached. 7. On June 5, 2008, Petitioner SD filed a Petition for Contempt. A Conciliation Conference has been scheduled in this matter for June 16, 2008, at 9:00 a.m.. A true and correct copy of the Petition for Contempt and Order #4 scheduling the Conference are attached. 8. Petitioner SD and Petitioner PG will offer testimony at the PFA Hearing, and on the Petition for Contempt. 9. Both Petitioners advised this counsel that their testimony would be identical at both proceedings. 10. Requiring both Petitioners to testify twice, and submit to two independent cross-examinations from the same opposing attorney is an inefficient use of precious judicial time and resources. 11. A consolidated hearing to take both Petitioners' testimony promotes judicial economy of time and resources, as well as consistency in outcomes relative to the best interests of the two minor children, both of tender years. 12. The factual issues in both matters are so similar that the further interests of judicial economy and consistency would best be served by moving one case to one Judge's docket. 13. Opposing counsel, Grace D'Alo, Esq., does not concur in this Motion. 14. Conciliator, John Mangan, Esq., concurs in this Motion. WHEREFORE, Petitioners respectfully requests this Honorable Court to enter an Order consolidating the Petition for Protection from Abuse hearing with the Petition for Contempt matter, transferring one case to the other Judge's docket for the hearing, and canceling the Conciliation Conference presently scheduled for June 16, 2008, at 9:00 a.m. Respectfully submitted, Spencer Abel Law Office Suza Spence Abel, Esq. Attorn ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 (home office) (717) 323-0345 (FAX) spencerabel@comcast.net • SCOTT DURHAM, Petitioner v PAMELA DURHAM, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2007-7659 CIVIL TERM PATRICIA GUTSHALL, IN THE COURT OF COMMON PLEAS OF on behalf of TLK, a Minor CUMBERLAND COUNTY, PENNSYLVANIA Child, Petitioner . V. PAMELA DURHAM, Respondent CIVIL ACTION - LAW : NO. 2008-3369 CIVIL TERM VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: '` Scott Durham 4 SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW IN CUSTODY PAMELA DURHAM, Respondent NO. 2007-7659 CIVIL TERM PATRICIA GUTSHALL, IN THE COURT OF COMMON PLEAS OF on behalf of TLK, a Minor CUMBERLAND COUNTY, PENNSYLVANIA Child, Petitioner V. CIVIL ACTION - LAW PAMELA DURHAM, Respondent NO. 2008-3369 CIVIL TERM VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: G Patricia Gutshall SCOTT DURHAM, Petitioner V PAMELA DURHAM, Respondent PATRICIA GUTSHALL, on behalf of TLK, a Minor Child, Petitioner V. PAMELA DURHAM, Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2007-7659 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008-3369 CIVIL TERM CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Motion to Consolidate, I am this day serving a copy of same via hand delivery, to the following counsel of record for Respondent. Grace D'Alo, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Date: ,I Suza Spen r Abel, Esq. Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 wSomf SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this .30 = day of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court dated January 28, 2008 and March 14, 2008 are hereby VACATED. 2. Leggl Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. 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 her 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 Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Commencing 5/2/2008, Mother shall have physical custody of Faith from Friday 6:00 pm until Sunday 5/4/2008 at 4:00 pm. Mother shall pick up the Child on Friday and Father shall pick up the Child on Sunday and the exchange location shall be at their respective residences absent mutual agreement otherwise. b. Commencing Wednesday 4/30/2008, Mother shall have physical custody of Faith every Wednesday, Thursday and Friday from 8:00 am until 1:00 pm. Mother shall pick up and drop off Faith at Father's residence absent mutual agreement otherwise. C. Commencing Saturday 5/10/2008, Mother shall have physical custody of Faith three weekends in a row from Saturday 8:00 am until Monday morning at 8:00 am. Mother shall pick Faith up Saturday morning and Father shall pick Faith up Monday morning at the parties' respective residences absent mutual agreement otherwise. d. Commencing May 31, 2008, Mother shall have physical custody of Faith from Saturday morning 8:00 am until Sunday 4:00 pm. Mother shall pick Faith up Saturday morning and Father shall pick Faith up Sunday afternoon at the parties' respective residences absent mutual agreement otherwise. e. Should Mother or Father not be able to pick Faith up at the above-mentioned times, the parry not being able to pick up Faith shall notify the other parent by 8:00 pm the night before the exchange day. Should either party be more than (v-Da2 * 1 fifteen minutes late for the exchange of the Child, that late party shall promptly notify the other party via telephone of the delay. f. Absent mutual agreement or further Order of Court, this schedule shall continue as outlined in subparagraphs 3 (b)-(d) above. g. Mother shall have addition periods of physical custody of the Child as mutually agreed to. 4. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of Faith Durham. 5. Mother shall continue with her mental health treatment/counse&g as recommended and adhere to her treating professional's recommendations and prescribed medications. 6. Counsel for the parties shall jointly draft correspondence to Mother's treating pro€eesionals stating their respective positions and request from Mother's treating professionals, based on their interactions and treatment of Mother, a position in writing on Mother's ability to co-parent Faith Durham and whether increased overnights or shared physical custody would be appropriate. Faith Durham's safety and best interest shall be of paramount concern and focus of said professional position. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. It is understood that household members at the parent's residences may also have telephone contact with Faith. 8. 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 disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 10. 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. 11. 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. 12. Upon request by counsel for the parties, after receipt of Mother's treating professionals' position or other change in circumstances, the assigned Conciliator is to schedule a status update conciliation conference. By the Court, J. Distribution: Elizabeth Place, Esquire Suzanne Spencer Abel, Esquire John J. Mangan, Esquire TRM OMY MOM Teed MW W&W , I henINlli ff Mft .d the NO of slid Nowt d COM a FL i hi )At- A A" a-001f AdA 4 SCOTT DURHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7659 CIVIL ACTION LAW PAMELA DURHAM IN CUSTODY DEFENDANT ORDER OF COURT . AND NOW, Wednesday, June 04, 2008 , 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 Wednesday, July 02, 2008 at 11:00 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, 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ John J. Manpan,, jr., Esq. I 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 TRUE 00Pi' FR"M RECORD In Testimony whcr;;o.f, I her; unto set and the seal of said Court at Carlisle, Pa.y F Phis ..... ...... day of...ej ...? .,... ?y, Prothonotary 4 SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 0 V No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN CUSTODY ° ``--' TT -.Z -rn PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes the Petitioner, Scott Durham, by and through his attorney, Suzanne Spencer Abel, Esquire, and avers the following: 1. The petition of Scott Durham respectfully represents that on April 30, 2008, an Order of Court was entered following the third Conciliation Conference this year, a true and correct copy of which is attached. 2. This Order should be modified for the following reasons: a. Mother has consistently failed to exercise her custodial periods as agreed to and defined in Paragraph 3 and its subparagraphs of the Order. b. Mother has consistently failed to return the child as Ordered, and absent an agreement between the parties to alter the return time. c. Mother has failed to secure the medical documentation as required in Paragraph 6. d. Mother possessed opened containers of alcohol in her bedroom, where the child also sleeps, while the child is in her custody. e. Mother represented that her mother (grandmother) is an untreated schizophrenic, and further represented at the last Conciliation Conference that grandmother babysat the minor child. Father adamantly objected to grandmother's presence around the minor child, ti a and Mother agreed to find another babysitter. Father has since learned that Mother allowed grandmother to move into the 2-bedroom apartment she also shares with her girlfriend and her 4 year old son. f. Father is increasing concerned for the ongoing safety and care of the minor child while she is in Mother's physical custody, as the 2-year-old child returns home from weekend visits with Mother in an emotionally and socially regressed state, in clothing that is inappropriate for the weather and time of day, and without appropriate rest. WHEREFORE, Petitioner, Scott Durham, respectfully requests this Honorable Court modify the existing Order awarding him primary physical custody, with supervised visitation with Respondent, because it will be in the best interest of the child. Respectfully submitted, Spencer Abel Law Office Sue Spencer Abel, Esq. Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 (home office) (717) 323-0345 (FAX) spencerabel@comcast.net SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 44904 relating to unworn falsification to authorities. Date: /? y t Iz- Scott Durham SCOTT DURHAM, Plaintiff v PAMELA DURHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 - 7659 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition for Modification of a Custody Order, I am this day serving a copy of same via Certified First Class U.S. Mail, to the following counsel of record for Defendant. Elizabeth Place, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Date: ' ' CCU Su ne Spencer Abel, Es 4. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 a PATRICIA GUTSHALL, IN THE COURT OF COMMON PLEAS OF on behalf of TLK, a minor CUMBERLAND COUNTY, PENNSYLVANIA child, Plaintiff v. CIVIL ACTION - LAW PAMELA DURHAM, Defendant : NO. 08-3369 CIVIL TERM ORDER OF COURT AND NOW, this 2°d day of June, 2008, upon consideration of Plaintiff's Petition for Protection from Abuse, a hearing is scheduled for Wednesday, July 2, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PLARfM IS bmioy &mwW * ww9shodw P M6w5wa BY THE COURT, J. Wesley Oler, S e Spencer Abel, Esq. East Street, #6 ount Holly Springs, PA 17065 Attorney for Plaintiff :rc Ad aw ir4fti OW QA - --.,-7 tL s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA GUTSHALL, - on behalf of TLK, a Minor Child, Plaintiff Docket # 2008 -0 V. PAMELA DURHAM, Defendant PROTECTION FROM ABUSE U J C. N r? C+? 0 't7 PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs' names are is Patricia Gutshall, maternal aunt of Tyler Lee Klinefelter (TLK), a minor child. TLK's date of birth is September 4, 2004. 2. I am filing this Petition on behalf of [ ] myself and/or [IM another person as [ ] parent of minor Plaintiff(s) [ ) adult household member with minor Plaintiff(s) [XX] applicant for appointment as guardian ad litem of minor Plaintiff(s) [ ] court appointed guardian of incompetent Plaintiff(s). 3. Name(s) of ALL person(s), including Plaintiff and minor children, who seek protection from abuse: Tyler Lee Klinefelter, minor child 4. [ ] Plaintiffs address is confidential, or PCKI Plaintiffs address is 3538 Rolo Court. Street, Mechanicsburg PA 17055 5. Defendant is believed to live at the following address: _ _875-2 Clifton Heigh Road. ummelsotow PA Defendant's Social Security Number (if known) is: unknown . Defendant's date of birth (if known) is: July 31. 1979 . Defendant's place of employment (if known) is: unknown [ J check here if you have reason to believe that Defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer, is employed as a writer, researcher or technical in the firearms or hunting industry or is required to carry a firearm as a condition of employment. [ ] check here if Defendant is 17 years old or younger. 6. The relationship between Plaintiff and Defendant is: [ J spouse or former spouse of Defendant [ J parent of a child with Defendant [ J current or former sexual or intimate partner with Defendant [ J child of Plaintiff [XX] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [xxJ sibling (person who shares parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant 7. Plaintiff and Defendant have been involved in the following court actions: [ ] divorce [ J custody [ support [ ] protection from abuse [XX] other: _ the Minor Plaintiff is the aubiect of the Cuatodv Matter of Pamela Durham v. Brandon Monette, in Dawhin County. Pennsylvania The court and docket # for the above checked court actions is: 1196 CV 2005. 8. The Defendant [ ] has / [XX] has not been involved in any criminal actions. If the Defendant has been involved in criminal matters, the Defendant [ ] is / PM is not currently on probation. 9. Plaintiff and Defendant are the parents of the following minor children: (list name, age & current residence of each minor child) none 10. Plaintiff and Defendant have an existing court order regarding custody of their minor children as follows: see Par"Mh 7 above . The Order was entered in Dauphin County, Pennsylvania. A true and correct copy is attached. 11. The following other minor children presently live with Plaintiff: (list name, age & current residence of each minor child) none 12. The facts of the most recent incident of abuse are as follows: (Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law enforcement). On or about (date) Friday. May 3Q 2008 , at 9:15 AM am / pm, at (location) 3538 Rolo Court Mec an c burg PA 17055 in Cumberland Co MU , Pennsylvania, Plaintiff Patricia Gutshall reoeived a Rhone callfrom her-sister, Defendant. Pame A Durham Defendant was dis• tra mp tom, depressed, and mdu. Defendant told Plaintiff she had walk ed off her Jo b because she was hurting, so her emnlMr fired her. Defendant told Plaint iff that their mother, who lives with Defendant, had eaten all the fo od in the ho use, so "I have no food for the kids." (Tyler. the instant 3%_ year old minor plainti ff and Faith Durham, Defendant's 2 year old daughter and not a M Y to the in stant matter). Defendant wanted the Rhone number of the food b ank. Plainti ff said she didn't have that number and suggested Defendant as k the parties ' mother. Defendant's and1w became hysterical as she explained that their m other was at work and not answering her cell phone. Plaintiff sugg ested Defend ant come to Plaintiff's home where she could give her some food and money . Defendant became even more hysterical stating she didn't even have m, au to _get to Plaintiffs home Plaintiff suggested Defendant call the parties ' mother's employer to see if they could get a message to their mo ther, and th By 11: en call Plaintiff back to let her know how she made out 30 am when Defendant has not called back Plaintiff became conce rned and ca At 12: lled Defendant, There was no answer. 30 pm. Defendant called Plaintiff, Defendant was ag?inc ying hysteri cally and told Plaintiff she was driving home from the food b ank Defend ant told Plaintiff she was overwhelmed and tired of doing everyt hing herself. Defendant told Plaintiff she di not want live anymore: that ahe just wanted to ¢ive up and die Defendant be god Plaintiff to come and get the k ids Plainti ff was-gravely concerned because while Defendant frequently soun ded depress ed and discussed suicide, this was the first time Defendant as ked Plaintiff to come and get the children Plaintiff believed Defendant intende d to imminently harm herself, and would harm the children if they were pres ent Plaintiff told Defendant she would call off-work, n then call Defendant r ight back. At 12:4 5 Rm. Plaintiff called Defendant Plaintiff could hear the child ren screami ng and crying in the background Plaintiff a ked Defend ul MdW the children were crying. Defendant sere ed at the children to shut uu then told Plaintiff . "I don't know: they always do that." Plaintiff aAed Defendant if she had call ed anyone to helm or would consider poise t the hoenitA] Defend ant told her she would not go back to the hospital because "they don't help t hey lust mak e me d crafts." Plaintiff suggested Defendant call Crisis Intervent ion or her c ounselor, and then told Defendant ahe would come over as soon as she COuld W E her employer again and make arrangements for her own son At 1:40 nm. Pl c*++. and the parties' brother Pete left to c * De dam's home. They arrived around 2:10 pm. Pete ente_ -d Defendant's home while Plaintiff secured her purse in her vehicle When Plaintiff entered Deli ud is me. she saw and heard the Defeo Ant'atfi?end/roommRte Melissa enaind in a heated discussion with an insurance adjustor, disci mousses Wm insurance fraud charges. Plaintiff th en saw and heard the two young child ren screaming and running around t he apartment, uncontrolled and unsu pervised. Faith was unkempt and wea ring pajamas that were Tilt m and too b i& so they were falling off her. Tyler was wearing the Rrevious day's cloth es that were dirty and food encrusted. Tyler's fingernails Mtrnded well oast his fingertips. and were packed with fi lth and dirt. His hands and face were stained from food and filth. Plaintiff entered Defendant's bedroom and saw Defendant curled up on her bed. where she was talking with Pete. There were no linens or blankets on either Defend ant's bed or Faith's bed which is locat Defe ed in Defendant's bedroom. ndant told Plaintiff that the kids wanted her attention that she hurt (from her r ecent aRnendectomv surged and t t the kids iust wouldn't leave her alone The children e=red the bedroom and attempted to climb on Defendant Defen , dant ignored them and walked into the living room Plaintiff told Defen dant she would take the children. Def endant immediately dmujd the childr en's clothes, then packed several days' cl othes and personal noeeessions of the ch ildren for Plaintiff to take with her De fendant did not have any dinners for Fa ith, so she gave Plaintiff ler's gull-ups . Defendant told Plaintiff to keep the c hildren indefinitely, until she called Pla intiff for their return. Plaintiff re v asked Defendant to call someone for help. Defendant adamantly refuse d and angrily yelled "I'm not ggin_g to th e hoe pital• all they do is lock o" MR an d make you do crafts, they don't help." D ., efendant again told Plaintiff she was s uicidal and was afraid she would h urt the kids Defendant then admo nished Plaintiff not to disclose to Faith's father the day's events as he mm'ght As she use it against her. was leaving with the children Defenda nt oonfronted Melissa about the adiust or's visit Defendant began swearing ac re mini. and yelling at Melissa, Plaint iff nromp11y took the children and left When Plaintiff arrived home at 4.30 R m she received a phone call from her e mployer who terminated her for taking the du of Plaintiff called Faith's father who immediately picjced her up and Defen took her home with him dant called Plaintiffs home around noon the neat day. Satt Av but d d not le ave a message Defendant called - . mad-5:00 pm and left a messa ge to call her that she wanted the k ids back in antidRWg custod y exchang . of Faith on Sunday, Pl aintiff called the Upper Allen Towna hip Police Department to see what coul d. be done tprotect Tyler She learne d that she could initiate a §302 involu . nif commitment referral for Defend ant which would automatically promp t Daup Co t Y Children & Youth intervention with ilrolv placement in fos , , ter care At approximate), 730 pm. P tiff called Defendant and asked perm ission keep the children and exchan ge custody of Faith herself Defendant greed Plaintiff then asked to keep T yler for several weeks until Defendant g ets back on her feet Defendant began bawling and wing L, s ri y _ and agreed. Defendant still sotu?ded extremely depressed and kept saying she was tired of being alone and overwhelmed, of strugg g_iust to get by and of iust wanting to die Plaintiff asked if Defendant WAR gaming to couneek" Defendant did not answer Plaintiff asked if Defendant had called anyone to help Defendant only reneate that she just wanted to die Defendant then asked Plaintiff to call when the kids were going to bed so she could tell them ggQdnight 13. Defendant has committed prior acts of abuse against Plaintiff and/or the minor child/ren: (Describe in detail what happened, including any physical or sexual abuse, threats, injury, incidents of stalking, medical treatment sought, and/or calls to law enforcement). Plaintiff has repeatedly witnessed Defendant physically and verbally assault her childrenPlaintiff has only ever witnessed Defendant's discipline as an expression of ragg not of reason or limit-setting Defendant puts her children in Groom and shuts the door as a "time-out" while the child screams and yells and cries to be let out Defendant then yells and screams to "shut the fuck un or I'll gi-ve you something to cry about." When the child continues to cry and scream Defendant storms into the bedroom and slams the dw- shut Defendant can then be heard to be ree? at & h-i ing the child as she verbally rages until the Defendant is too tired to continue If the children continue to cry. Defendant tells another adult to "go shut them MB" or to put them to bed Plaintiff has seen that when Defendant sp Ww her children she yanks the child off the ground by one arm, then repea t' shanks their bottom as if she were hitting a pinata Plaintiff as never seen Defendant hit her children only once. ther, every spanking consists of at least 6 swats combined with screaming an ye 'ng obscenities including refemna to them as "y little bastard". Plaint 1 h to re2eate& witnessed Defers Ant A,m;?oLye l;n° and swearing at her c ildran and te11;nQ them to "move ypur fuddag ass or j'll smash your face" and she shoves tram fnrwar w th her hand or Ict caging the child to Rll_ Plaintiff has attemv ed to Reuss Defandan 'a p methods, but Defendant insist that "these an my Awning kids and I can do whatever I want." Plaintiff took Defendant to the Hershey Medical Center on January 1-3.2008 for a §302 commitment after a suicide attempt with self-mutilation eu muent to cons u= alcohol Plaintiff also knows that Defendant was previa& admitted at Holy Spirit Hospital and Hershey Mediol Center, both pursuant to §302 commitments Since January 2008, Defendant has revea^ a& told P A;nt ff that she is not taking her medications regmla&. and that star continues to drink alcohol Defendant has also admitted to Plaintiff that she not &=g to her counseling. appointments Plaintiff further knows that Defendant resides with their mother who has been diagnosed as an untreated: paranoid delusional schizophrenic Plaintiff knows that Defendant uses their mother as a babysitter even though she acknowledges to Plaintiff that their mother isn't capable of caring for the children. D&ndAnt has admitted to Plaintiff that-she attempted suicide via oyerdm-of her antidepressants and gre%;6 tip on pain medications Defendant's last admitted suicide attempt occurred subsequent to her January commitment and vas discovered by Melissa, who forced Defendant to vomit the p pt= pain R& she had ingested Defendant told Plaintiff that she has enough pills left to "do it right nett time" a ;A1 singe getting more pain medicatiow air her appendectomy surgery in May 2008 Defendant has also reeyeatg& told Plaintiff that she will "end it all" by-smashing or running her car into a telephone pole Plaintiff knows that Defendant's children are usually in the car with Defendant Plaintiff further knows that Defendant aala& uses Plaintiff and other family- member to baby-sit her children while she gees out drinking and uartvi" with her girlfriends. Defendant told Plaintiff she recently lost her public assistance cash. food and its Defendant has not appealed the revocation of those benefits mecLcal benef even though it directly and adversely impacted her children Plaintiff suggested Defendant look into various other resources including WIC. Salvation Army. HUD. ChildCare Network, etc., but Defendant hays refumed to access any of those resources, even though they would benefit her children irp?med. tely. and over the long term. Plaintiff is very fearful for Tyler's immediate health and safety given Defendant's inability or unwillingness to seek appropriate help with her unstable and ugpredictable psxcholoP?cal state to provide for her children's most basic safe y nutrition and hygiene needs and to learn more appropriate Darent? g methods 14. Defendant has used or threatened to use against Plaintiff and/or the minor children the following weapons: none 15. The police department or law enforcement agency in the area in which Plaintiff resides that should be provided with a copy of the protection order is: Unuer Allen Townshn Police Den ent 16. There is an immediate and present danger of further abuse from the Defendant. ] Plaintiff is asking the Court to eviet and exclude the Defendant from the following residence: 3538 Rolo Court. Mechanicsburg. PA 17055 . which is ] owned by , and / or [Xq rented by Plaintiff. Patricia Gutshall . [XX] Defendant owes a duty of support to Plaintiff and/minor children. [Ml Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are:_ Plaintiff Gutshall was terminated from her job as the result of hav ug to call off work to pip the minor children. Plaintiff Gutshall has incurred the costs of sheltm food. and clothing. child care, and medical care . FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: [Mg A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff and/or minor children may be found. [XX] B. E-iet exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. [ ] C. Require Defendant to provide Plaintiff and/or minor child/ren with other suitable housing. [XX] D. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and children: unlimited visitation but such visitation shall be arzangCd and suuervised by a competent mental health profeado at The costs of such visitation shat be borne by the Defendant. Defendant is aRmAmUy nro : iced from directly or indirectly contactin¢ the plain= for any reason. incl ddim but not limited to arrAt g such visitation [XA] E. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. [ ) G. Order Defendant to temporarily relinquish some or all of the firearms, other weapons, and/or ammunition listed on Attachment A to this `petition and any firearm license to the sheriff of this county and/or prohibit Defendant from transferring, acquiring, or possessing some or all firearms for the duration of the order. [XX] H. Order Defendant to pay temporary support for Plaintiff and/or minor children, including medical support and [ J payment of the rent or mortgage on the residence. [XX) I. Order Defendant to pay the costs of this action, including filing fees and service fees. M K. Order Defendant to pay Plaintiffs reasonable attorney's fees. M L. Order the following additional relief, not listed above: Brandon Monette. of 121 Colgate Avenue Buffalo NY 14220, 716 783 5677 father of the minor child and Defendant in the custody matter in Dauphin County at Docket # 1196 CV 2005, shall be notified of these moodim with service to be completed by Counsel for [XX] M. Grant such other relief as the Court deems appropriate. [XM N. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, Spencer Abel Law Office Suz6 ne Spencer Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 Home Office (717) 323-0345 Fax spencerabel@comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA GUTSHALL, on behalf of TLK, a Minor Child, Plaintiffs Docket # 2008 - V. PAMELA DURHAM, PROTECTION FROM ABUSE Defendant VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ¢4904 relating to unworn falsification to authorities. Date: Patrici4IG;u Y SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW IN CUSTODY PAMELA DURHAM, Respondent NO. 2007-7659 CIVIL TERM CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition for Contempt, I am this day serving a copy of same via hand delivery, to the following counsel of record for Defendant. Jessica Holst, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Date: &14"r ?, jpill I "?Ypoof fil S"e Spenc4r Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 SCOTT DURHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA DURHAM DEFENDANT • 2007-7659 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 06, 2008 , 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 Monday, June 16, 2008 at 9:00 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, and to enter into a temporay 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn . Mm an r. Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 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) 249-41fiRUE Ce^p`' 'RIM RECORD f? esthony When- 1 h re unto set my 14W and 01e sea) of said Court at Carlisle, Pa. 1'lldit .....4 .. day of j?z . Pratlgr 1 SCOTT DURHAM, Plaintiff V PAMELA DURHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 7659 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, this J e day of June, 2008, comes Scott Durham, N d m 0 ?rn W W Petitioner, by and through his attorney, Suzanne Spencer Abel, Esq., and who avers as follows: 1. 2. 3. 4. The Petitioner is Scott Durham, in the above captioned matter. He is represented by legal counsel, Suzanne Spencer Abel, Esq. The Respondent is Pamela Durham, Defendant in the above captioned matter. She is represented by Jessica Holst, Esq. On April 30, 2008, an Order of Court (Order") was entered in the above captioned matter. A true and correct copy of the Order is attached. Since the Order, Respondent has had 26 occasions to pick up or drop off Faith, all contrary to Paragraph 3 of the Order. a. On April 30, Respondent's girlfriend returned Faith late at 1:50 p.m. without notice to Petitioner she would be late. b. On May 1, 2008, Respondent arrived late at 8:15 am, and gave 7 minutes notice to Petitioner that she was going to be late. Respondent's girlfriend returned Faith at 12:45 pm, without her coat when the high temperature of the day was 59°, and the weather was G L.J r overcast and very windy. c. On May 2, 2008, Respondent arrived late, at 8:05 a.m., without notice to Petitioner that she was going to be late. d. On May 7, 2008, Respondent and Respondent's girlfriend arrived late, at 8:15 a.m. without notice to Petitioner that she was going to be late, and Respondent's girlfriend returned at 1:10 p.m., again without notice to Petitioner that she was going to be late. e. On May 8, 2008, Respondent and Respondent's girlfriend arrived late, at 8:12 a.m., and gave 10 minutes notice to Petitioner that she was going to be late. Respondent's girlfriend returned Faith at 1:15 p.m., without notice to Petitioner that she was going to be late. f. On May 10, 2008, Respondent failed to call or show for her 8:00 a.m. pick up. At 8:10 a.m., Petitioner called Respondent to see if she was coming. Respondent advised Petitioner she hurt her back but knew she would feel better later and asked to pick up Faith at 1:00 p.m. Petitioner said he would call her to verify new time after he was done working. At 10:13 a.m., Respondent sent a text message to Petitioner; Petitioner said he would call when he was next available. At 10:48 a.m., Petitioner called Respondent and advised Faith would be available at 6:00 p.m.. Respondent responded by screaming with profanity and name calling, accusing Petitioner of trying to keep Faith from her. Respondent arrived at 6:05 p.m. with no apparent pain as she picked up Faith and bent over to place her in the car seat in the middle of the back seat. g. May 15, 2008, by agreement of the parties, Respondent's pick-up time was changed to 12:00 noon. At 11:45 a.m., Respondent notified Petitioner she was "running a bit behind," knowing that Petitioner had a doctor's appointment to attend at 1:00 p.m. Petitioner called Respondent at 12:18 p.m. and again at 12:20 p.m., both times got no answer. Petitioner called Respondent again at 12:23 p.m. and advised Respondent he could no longer wait for her. Respondent responded by screaming with profanity and name calling. Petitioner asked her to stop. When Respondent continued raging, Petitioner hung up. At 12:25 p.m., Respondent called Petitioner and immediately resumed her raging by continuing to scream with profanity and name calling. Petitioner again asked her to stop. Petitioner hung up. At 12:53 p.m., Respondent sent an apologetic text message and advised she would call him later. At 8:07 p.m., Respondent called to talk to Faith and was advised she was in bed pursuant to her 7:30 p.m. bedtime. h. On May 16, 2008, Respondent arrived at 7:50 a.m., without notice, but was rude to Petitioner's girlfriend, Penny, in front of Faith. At 8:40 a.m., Respondent called Penny notifying her she would not return Faith by 1:00, as Respondent had an appointment regarding Tyler (which had been scheduled on May 5, 2008), and that she would return Faith as soon as the appointment was done. At 10:30 a.m., Petitioner called Respondent, got no answer, and left a message to call him. At 11:34 a.m., having received no response from Respondent, Petitioner sent a text message to Respondent seeking clarification of the call to Penny. At 12:45 p.m., Petitioner called Respondent, who advised Petitioner she did not hear the phone and would return Faith after Tyler's 1:00 p.m. appointment. Respondent returned Faith at 3:20 p.m.. Faith's 2Y2 month-old sneakers had been removed; and she was now wearing sandals that were inappropriate for the rainy, damp, chilly weather on a day where the high temperature was 60°. Respondent advised Petitioner she threw out the shoes, and subsequently advised him on May 19, 2008, that she could not afford to replace the shoes she threw out because she bought shoes for her other two children. i. On May 17, 2008, Respondent's girlfriend arrived at 8:12 a.m., without notice to Petitioner that she was going to be late, and advised that Respondent was at home. Petitioner immediately sent a text message to Respondent asking why she sent her girlfriend to pick up Faith. Respondent replied via text message that she was at home with her other son. j. On May 20, 2008, Respondent sent a text message to Petitioner advising that she would not return Faith until between 2:00 and 3:30 the next afternoon. Petitioner returned a text message saying Faith needed to be returned by 1:00 p.m.. k. On May 21, 2008, Respondent arrived at 7:53 a.m. without notice and refused to get out of her car to get Faith. At 12:03 p.m., Respondent sent Petitioner a text message advising Petitioner that Respondent's girlfriend would be returning Faith, and that Faith would need lunch. Respondent's girlfriend returned Faith at 12:20 p.m.. 1. On May 22, 2008, Respondent sent text message to Petitioner notifying him that she and her girlfriend would return Faith late due to Respondent's job interview. Respondent, Respondent's girlfriend, and Respondent's mother returned Faith at 1:30 p.m.. m. On May 23, 2008, Respondent called Petitioner at 8:14 a.m., notifying him she would be late; Respondent's girlfriend arrived at 10:35 a.m. n. On May 24, 2008, Petitioner received a call from Respondent at 8:41 p.m. to come pick up Faith (and Respondent's 3% year old son, Tyler) as Respondent had stomach pain and wanted to go to the hospital. o. On May 30, 2008, Respondent sent a text message to Petitioner directing "do not b at ur house cuz I don't know how 2 tell ty u don't want him nemore." Respondent, Respondent's girlfriend, Respondent's mother, and Tyler Minefelter (Respondent's 3 Y2 year old son,) arrived at 7:46 a.m., without notice and demanded immediate custody of Faith. 5. In accord with Paragraph 6 of the Order, Counsel for Respondent drafted a letter to Respondent's evaluating psychiatrist on or about April 28, 2008. Also on that date, Counsel for Petitioner drafted an alternate letter and forwarded it via email to Respondent's Counsel. To date, Respondent's Counsel has not responded to Petitioner's Counsel in any way such that Respondent's treating medical professionals have not had the opportunity to respond to Petitioner's concerns about Respondent's medical status relative to her ability to provide a safe environment for Faith, contrary to Paragraph 6 of the Order. 6. At approximately 8:48 p.m. on May 25, 2008, Petitioner returned Tyler to Respondent's residence, who was hospitalized at that time. Respondent's mother was present. Respondent's mother directed Petitioner to go into Respondent's/Faith's bedroom to get clothes for Faith. Upon entering the bedroom, Petitioner saw, and documented, a partially consumed bottle of alcohol and various sexual aids sitting on the dresser. 7. At approximately 2:00 p.m. on May 30, 2008, Respondent gave her sister physical custody of Faith, and directed her sister to conceal Faith's whereabouts from Petitioner. 8. At 3:14 p.m., Friday, May 30, 2008, at Petitioner filed a Petition for Modification alleging Respondent's repeated and consistent failure to comply with the terms and conditions of the April 3001 Order. 9. At approximately 5:00 p.m. on Friday, May 30, 2008, Petitioner received a phone call from Respondent's sister, advising him that she had custody of Faith, and asked him to come to her home and pick up his daughter. Petitioner promptly went to Respondent's sister's house, whereupon sister 4 revealed Respondent's highly troublesome conduct sister had witnessed since December 2007, including, but not limited to Respondent's inability/ unwillingness to provide for Faith's basic food and medical care needs, Respondent's continued refusal to seek and/or accept medical treatment for her suicidal depression, Respondent's continued to insistence that her parenting style is not subject to review or modification, and Respondent's continued residence with the sisters' untreated, paranoid, delusional schizophrenic mother to whom Respondent entrusts Faith's care, all contrary to Paragraphs 5, 8, and 10 of the Order. 10. At approximately 6:12 p.m. on Saturday, May 31, 2008, Petitioner text- messaged Respondent asking about Faith. Respondent replied: "She's fine," although she had neither seen nor spoken with Faith for over 28 hours. 11. On June 4, 2008, Petitioner read the verified Petitioner for Protection from Abuse filed on behalf of TLK at Docket No. 2008-3369, detailing the generalized revelations Respondent's sister previously made on May 30, 2008. Petitioner was appalled and shocked at the allegations, and in genuine fear for Faith's health and safety in Respondent's care, and specifically contrary to Paragraphs 2, 5 and 10 of the Order. A copy of the Petition docketed at No. 2008-3369 is attached. 12. On Thursday, June 5, 2008, despite confirmation via counsel that Respondent would comply with every provision of the Order, Respondent arrived at 8:05 a.m., without a car seat for Faith. When Petitioner refused to permit Faith to be transported without a car seat, and contrary to Paragraph 4 of the Order, Respondent called the Lower Allen Township Police Department whose officers advised Respondent she needed to comply with Pennsylvania's car seat law and directed her to obtain a compliant car seat. 13. The Petitioner believes the Respondent is in continuous, material contempt of the Order of Court dated April 30, 2008, and that such contempt substantially jeopardizes the best interests of the minor child's immediate physical and emotional health and safety, and therefore, requests a hearing in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order finding Respondent in Contempt of Court after a hearing in this matter, and immediately suspend Respondent's visitation rights, pending that hearing. Respectfully submitted, Spencer Abel Law Office Su a Spen r Abel, Esq. Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 (home office) (717) 323-0345 (FAX) spencerabel@oomcast.net SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Respondent IN CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: Scott Durham vii l and 4'bla C w?11 F? r?y /7 ? ?.- w ? -" ?-? f 4?~ " t" ? . ? ;t ; ..' -=-i f 5 . . r ? ?" } ?? '° C i"t1 .;_ .L" ? °? t`r3 (,.1 "' JUN 2 3 2008 eD JUN 2 3 2008 SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7659 CIVIL ACTION LAW PAMELA DURHAM, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this a ay of June 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated April 30, 2008 is hereby VACATED. 2. This Order is entered pursuant to a ustody Conciliation Conference. A Custody Hearing is hereby scheduled on the o?'7?day of , 2008 at 1; D am/pm in Courtroom number 5 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 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 five days prior to the hearing date. 3. Legal Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. 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 her 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 Father shall have primary physical custody of the Child subject to Mother's supervised partial physical custody. All reasonable efforts shall be made to make arrangements for the visits to occur at the YWCA as soon as possible. Mother shall have supervised contact with the subject Child under such circumstances or arrangements as the parties may agree. 4. Mother and Father shall make ensure that proper car seats/restraints are used during the transportation of Faith Durham. 5. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications. Upon Father's request, Mother shall provide written confirmation of Mother's attendance with her mental health counselor. s t 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, Mother shall have telephone contact with Faith every night between 7:00 pm and 7:30 pm. Father shall ensure that any missed call are returned promptly. 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 disparage the other parent in the presence of the Child. 8. 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. 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. 11. Upon request by counsel for the parties, after receipt of Mother's treating professionals' position or other change in circumstances, the parties may request to have the scheduled hearing cancelled and the assigned Conciliator is to schedule a status update conciliation conference. By the Court, 'k-t UA I J. stribution: .2?ace D'Alo, Esquire ./ Suzanne Spencer Abel, Esquire ,/fohn J. Mangan, Esquire SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 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: 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 Faith Lynn Durham 4/26/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 and Order of Court was issued January 28, 2008. A status update conference was held on March 12, 2008 and an Order of Court was issued March 14, 2008. A status update conference was held on April 28, 2008 and an Order of Court was issued April 30, 2008. Father filed a petition for contempt and a separate petition for modification and a conference was held on June 16, 2008 with the following individuals in attendance: The Mother, Pamela Durham, with her counsel, Grace D'Alo, Esq. The Father, Scott Durham, with his counsel, Suzanne Spencer Abel, Esq. 3. Father has been the primary caregiver for the subject Child for the past six months. Father has raised a variety of concerns regarding Mother's ability of adequately and safely care for their Child. Father's concerns range from Mother not consistently picking up/ dropping off the Child, inappropriate physical discipline, allowing maternal grandmother to act as a babysitter when maternal grandmother has alleged unaddressed mental health concerns, inappropriate clothing, inadequate food and mental health concerns. Father alleges that Mother has not been taking her medication as directed and has not been consistently receiving mental health counseling. Father notes that Mother has had several commitments for mental health issues and that Mother's current mental state jeopardizes the safety of the Child/ren. Additionally Father notes that maternal aunt has similar concerns regarding Mother and that maternal aunt has filed a Protection From Abuse petition and a custody complaint regarding Mother's son. Father alleges that his concerns regarding Mother and Faith are parallel to maternal aunt's concerns regarding Mother and Mother's other child. Father asserts that the only way to assure Faith's well-being is for Mother to have supervised visits with Faith. 4. Mother's position is that the allegations against her are not accurate. Mother asserts that most of the allegations from Father are a result of Father not approving of Mother's paramour. Mother asserts that she is seeing her mental health counselor and her mental state has stabilized. Mother asserts through counsel that Father's and maternal aunt's allegations have been exaggerated/exacerbated by Father's counsel. Mother asserts that there is no basis for contempt or to modify the current Order in place. Mother notes that Judge Oler had not entered a temporary PFA against her and that there is a scheduled hearing before Judge Oler on July 2, 2008. Both Mother and Father acknowledge that neither has sufficient funds to pay a third party to supervise visitation. Mother requests that depending how the PFA hearing turns out, she requests a restoration/make up of any missed custodial periods with her Child. Mother contends that supervised contact between her and the subject Child is unwarranted. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require half a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Date f John gan, Esquire Cust d Conciliator i SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW IN CUSTODY PAMELA DURHAM, Respondent NO. 2007-7659 CIVIL TERM PRAECIPE TO WITHDRAW PETITION FOR MODIFICATION To the Prothonotary: Kindly mark as withdrawn the Petition for Modification of a Custody Order previously filed on May 30, 2008, in the above referenced matter. Respectfully submitted, & Date Spencer Abel Law Office I Suz a Spenc r Abel, Esq. Atto ey ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 (home office) (717) 323-0345 (FAX) spencerabel@comcast.net A _: , SCOTT DURHAM, Petitioner v : PAMELA DURHAM, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2007-7659 CIVIL TERM CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Praecipe to Withdraw Petition for Modification of a Custody Order, I am this day serving a copy of same via USPS regular mail, to the following. Counsel for Respondent: Grace D'Alo, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Custody Conciliator: John Mangan, Esq., 57 West Pomfret Street Carlisle, PA 17013 Date: ?5- Q Suz n e Spencer Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 C r? -rr N ,; ti W to SCOTT DURHAM, Plaintiff : V. PAMELA DURHAM, Defendant : PATRICIA GUTSHALL, on behalf of TLK; a minor child, : Plaintiff V. PAMELA DURHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-7659 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3369 CIVIL TERM IN RE: MOTION OF SCOTT DURHAM AND PATRICIA GUTSHALL TO CONSOLIDATE AND NOW, this 250' day of June, 2008, upon consideration of the Motion To Consolidate filed by Scott Durham and Patricia Gutshall with respect to the above- captioned custody and protection-from-abuse cases, the first of which involves a child named Faith Lynn Durham, whose parents are Scott Durham and Pamela Durham, and the second of which involves a child named Tyler Lee Kleinfelter, whose parents are Brandon Monette and Pamela (formerly Kleinfelter) Durham, and in the first case it appearing that the Honorable M.L. Ebert has entered custody orders in the past and has one or more issues presently pending, and in the second case it appearing that (a) Patricia Gutshall filed a Petition for Protection from Abuse on behalf of Tyler Lee Kleinfelter which is scheduled for a hearing before Judge Oler on July 2, 2008, (b) Patricia Gutshall filed an "Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13," with respect to custody of Tyler Lee Kleinfelter, which Judge Oler referred to the custody conciliation process, and (c) Pamela (formerly Kleinfelter) Durham filed a document W entitled "Preliminary Objections to Petitioners Complaint and Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13," it is ordered and directed as follows: 1. The Motion To Consolidate filed by Scott Durham and Patricia Gutshall is denied; 2. The referral of the "Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13" filed by Patricia Gutshall to the custody conciliation process is vacated; 3. The issues raised in the "Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13" filed by Patricia Gutshall and the "Preliminary Objections to Petitioners Complaint and Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13" filed by Pamela (formerly Kleinfelter) Durham will be heard at the hearing before Judge Oler on July 2, 2008. BY THE COURT, Wesley Ole r., The Honorable M. L. Ebert, Jr. John J. Mangan, Esq. 17 West South Street Carlisle, PA 17013 Custody Conciliator VSuzanne Spencer Abel, Esq. 22 East Street, #6 Mount Holly Springs, PA 17065 Attorney for Scott Durham and Patricia Gutshall race D'Alo, Esq. MidPenn Legal Services Suite 103 401 E. Louther Street Carlisle, PA 17013 Attorney for Pamela Durham /'Elizabeth Place, Esq. MidPenn Legal Services Suite 103 401 E. Louther Street Carlisle, PA 17013 Attorney for Pamela Durham Court Administrator :rc CODie?S m?.i(£Cl.. I ?i? r,`Yar y? :JI Wv 93 HAS' 9001 RbVK) v W ~_ E - 1-010 1 SCOTT DURHAM : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :2007-7659 CIVIL ACTION LAW PAMELA DURHAM : IN CUSTODY Defendant EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, this 1 day of July, 2008, comes Pamela Durham, Defendant, by and through her attorney, Grace D'Alo, Esquire and MidPenn Legal Services, and files this EMERGENCY PETITION FOR SPECIAL RELIEF, and therefore avers the following: 1. The Plaintiff in the above captioned matter is represented by legal counsel, Suzanne Spencer Abel, Esquire. 2. The Defendant, hereinafter referred to as "Mother" in the above captioned matter is represented by legal counsel, Grace D'Alo, Esquire of MidPenn Legal Services. 3. The Defendant is the natural mother of Faith Lynn Durham, age two. 4. A Custody Order was issued on April 30, 2008 granting Mother physical custody of Faith every Wednesday, Thursday and Friday from 8:00 am from 1:00 pm, three weekends in a row from Saturday at 8:00 am to Monday at 8:00 am, and the fourth weekend from Saturday at 8:00 am to Sunday at 4:00 pm. 5. On May 30, 2008, Plaintiff filed a Petition for Modification of the Custody Order issued April 30, 2008. 6. On June 5, 2008, Plaintiff filed a Petition for Contempt of the Custody Order issued April 30, 2008. 7. A Custody Order was issued on June 25, 2008, based upon a Custody Conciliation which occurred June 16, 2008 with John Mangan, Esquire. 8. The Custody Order issued June 25, 2008 granted Plaintiff primary physical custody and Mother supervised partial physical custody. This order was based solely on representations by Plaintiff's counsel regarding a Protection From Abuse petition filed by a third party regarding a different child. (Docket Number 08-3369) 9. A phone conference occurred on June 23, 2008 between legal counsel and the Honorable J. Wesley Oler regarding a Motion to Consolidate which was filed on June 10, 2008 by Plaintiff. This Motion requested consolidation of the above captioned matter and the Protection From Abuse matter. The Motion to Consolidated was denied by the Honorable J. Wesley Oler on June 25, 2008. 10. On June 25, 2008, Plaintiff withdrew the above referenced Motion for Modification of a Custody Order. Therefore, the earlier Custody Order dated April 30, 2008 should be reinstated. 11. Since the filing of the Petition for Modification on May 30, 2008, Mother has been limited to supervised visitation and telephone contact 12. Limiting Mother's custodial rights is unjustified. 13. The Custody Order of April 30, 2008 is the last Order of this court based upon agreement of the parties. 14. The June 25, 2008 Order is based on unsubstantiated allegations of a Protection From Abuse Petition filed on behalf of parties not part of this case and over the objections of counsel for Defendant. WHEREFORE, Defendant respectfully requests that this Honorable Court vacate the Custody Order issued June 25, 2008 and reinstate the Custody Order issued April 30, 2008 and grant Mother immediate physical custody of Faith Lynn Durham or in the alternative, deny Scott Durham's request to withdraw his Petition for Modification. Respectfully submitted, Date: By: Grace lo, Esquire MidPen Legal Services 401 E. Louther Street Carlisle, PA 17013 4 l SCOTT DURHAM : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :2007-7659 CIVIL ACTION LAW PAMELA DURHAM : IN CUSTODY Defendant AFFIDAVIT OF SERVICE BY MAIL I, Grace D'Alo, do hereby swear that I served Suzanne Spencer Abel with a Petition for Special Relief on July 1, 2008 by U.S. Mail, to the person and address below: Suzanne Spencer Abel 22 East Street #6 Mount Holly Springs, PA 17065 I, Grace D'Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ^ 9 Date Z- ??? Signature N _ ?_a .7 r ? _ j-' t ?..? iii _ X• ? 'w "; Y _ ?, .: ? . :.. L,. ?e, ?a ?....? , 1 ?.. f _f ?, 7 i.: r w, SCOTT DURHAM Plaintiff V. PAMELA DURHAM Defendant To the Court: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA :2007-7659 CIVIL ACTION LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Pamela Durham, Defendant, to proceed in forma ap uperis. I, Grace D'Alo, attorney for the party proceeding in forma au eris, certify, that I believe the party is unable to pay the costs and that I am providing free legal services to the party.'' f A LEGAL SERVICES BY: Graceb-"Alo, Attorney for Defendant 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 C?'; fl., ?_ ?? ? _ "'i'J .b ?-? ? . ,` --. ? a ?. ?` _ r.'. ? --. ,;? ? `, :' ,? SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA DURHAM, DEFENDANT : NO. 07-7659 CIVIL IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 8th day of July, 2008, upon consideration of the Emergency Petition for Special Relief filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the Defendant should not be granted the relief requested; 2. The Plaintiff will file an answer on or before July 29, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, this Court will determine if hearing or further Order of Court is required. If a hearing is required, it will be held at the hearing previously scheduled for August 27, 2008, at 1:30 p.m. By the Court, yv, --? UA M. L. Ebert, Jr., U J. 4vosw3d NnCf) ?? ? t11?? 8- `?ttC 8 Suzanne Spencer Abel, Esquire Attorney for Plaintiff Grace D'Alo, Esquire Attorney for Defendant bas SCOTT DURHAM, Plaintiff / Respondent v PAMELA DURHAM, Defendant / Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 2007-7659 CIVIL TERM ANSWER TO DEFEDNANT / PETITIONER'S EMERGENCY PETITION FOR SPECIAL RELIEF' AND NOW COMES Plaintiff / Respondent, Scott Durham, by and through his counsel, Suzanne Spencer Abel, Esquire, pursuant to the Order of Court issuing a Rule upon Respondent, dated July 8, 2008, who avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further response, a Conciliation Conference for this Petition for Modification was scheduled on June 4, 2008, to occur on Wednesday, July 2, 2008. By agreement of the parties, this conference was continued. 6. Admitted. By way of further response, a Conciliation Conference for this Petition for Contempt was scheduled on June 6, 2008, to occur on Monday, June 16, 2008, at the request of the parties for an expedited conference date. 7. Admitted. I Respondent notes that Petitioner's Emergency Petition for Special Relief was not verified. Pa.R.C.P. 206.3, provides that; "A petition or an answer containing an allegation of fact which does not appear of record shall be verified." Petitioner's paragraphs 8, 9, 11, 12, and 14 each contain allegations of fact that are not of record in this matter. Petitioner's unverified Petition does not comply with the Rule. r -% 8. As to the first sentence: Admitted. As to the second sentence: Denied. By way of further response, based upon the entirety of the substantiated evidence proffered by Scott Durham (Father) at the June conference, and the evidence provided by Pamela Durham (Mother)'s conduct the mornings of the four Conciliation Conferences, (01/23/08, 03/12/08, 04/28/08, and 06/16/08) including arriving 20 minutes late for the April conference, the Conciliator possessed more than sufficient evidence to reasonably issue its Order. 9. As to the first phrase in the first sentence: Admitted that a phone conference occurred on June 23, 2008, between legal counsel, the Conciliator, John Mangan, Esq., and the Honorable J. Wesley Oler, Judge. As to the second phrase in the first sentence: Denied that the conference call dealt with the Motion to Consolidate. By way of further response, Respondent's counsel recollects that his Honor began the call by directly addressing concerns raised ex parte by Petitioner's counsel. As to the second sentence: Admitted. As to the third sentence: Admitted. 10. As to the first sentence: Admitted that Plaintiffs Motion to Withdraw was time stamped at 11:39 AM on June 25, 2008. As to the second sentence: Denied. By way of further response, Counsel for Petitioner argued that Father's June 25, 2008, Praecipe to Withdrawal the Petition for Modification negated the simultaneously filed Order of Court because the June 25, 2008, Order somehow related to the Petition for Modification. It did not. The June 6, 2008, Order of Court scheduled the June 16, 2008, Conciliation Conference for the only outstanding petition - the Petition for Contempt. Neither party moved the Court to consolidate the Modification and Contempt Conciliation conferences. Therefore, since the June 25, 2008, Order of Court related solely to the Petition for Contempt, Father's simultaneously filed Praecipe to Withdraw the Petition for Modification is irrelevant, except that it prevents further unnecessary waste of precious judicial time in this matter. 11. Admitted that on June 6, 2008, Mother arrived at Father's residence to pick up Faith, without an approved child safety seat. When Father refused to release Faith into Mother's custody, Mother called the r police. Mother was directed to obtain an age-appropriate car safety seat in compliance with state law, and to return the next day for her visitation. When Mother returned the following day, Mother refused to provide Father assurances that she would not leave the jurisdiction with Faith. Father offered Mother visitation time at a public place, pending the June 16th contempt conciliation. Mother rejected Father's offer. Over the next two weeks, Father repeated his offer to Mother for visitation time at a public place, but Mother persistently rejected Father's offers. Mother was never denied phone contact with Faith. Mother elected to limit her visitation and contact with Faith between June 6 and June 16, 2008. 12. Denied. 13. Admitted. 14. Denied. WHEREFORE, Respondent Father, Scott Durham, respectfully requests this Honorable Court to dismiss Petitioner Mother's Emergency Petition for Special Relief. Respectfully submitted, ILAOY Date Spencer Abel Law Office & Lai eskw"Afl 4 f e Spend r Abel, Esq. Suz te ID #202443 Atto y 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 (home office) (717) 323-0345 (FAX) spencerabel@comcast.net SCOTT DURHAM, Plaintiff vs PAMELA DURHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2047 - 7659 CIVIL ACTION -LAW : IN DIVORCE & CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falisfication to authorities. Date: 2005 Scott Durham SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW IN CUSTODY PAMELA DURHAM, Respondent NO. 2007-7659 CIVIL TERM CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Answer to Defendant / Petitioner's Emergency Petition for Special Relief, I am this day serving a copy of same via USPS regular mail, to the following. Counsel for Respondent: Custody Conciliator: Grace D'Alo, Esq. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 John Mangan, Esq. 57 West Pomfret Street Carlisle, PA 17013 Date: 159 t. A ii P1 t;V)nMti n It 1 U Ii Q./ D Suz n Spencer Abel, Esq. Atto y ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 r? C? ? "?` ?, Ga ,Y -t ?? ?, ? - }.., ` ,. c.._ ?' ?=. T SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301( c ) of the Divorce Code was filed on December 21, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities Date: 710 Scott Durham C"? ?` `- ?. ? .--? La ) ?.? _ a s? ?uf'. r ?ry ? ?'?}{.... } ? . ?..7??. , y' ?^ ? ? ???^} ~ w 1 ( ? i , ?? ???yy SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made I this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: 27 U8?? Scott Durham C. Cry SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301( c ) of the Divorce Code was filed on December 21, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities Date: 2 t, 0<F--, aa, Pamela Durham c-` r ) ?' SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs No. 2007 - 7659 PAMELA DURHAM, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made I this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 2 Pamela Durham `'"' =-°y c°? ,? ?. ?; ? - - ` ;`„ "" ?? ?? ? ' ?: ?=- 4 ?- r ?"3 ,. .. ? + r^N1 "'k. ? ?,,.,? _ 4?3 ?'S. SCOTT DURHAM, Plaintiff vs PAMELA DURHAM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 7659 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO FILE PROOF OF SERVICE To the Prothonotary: Kindly file the enclosed Proof of Service in the above referenced matter. Respectfully submitted, Spencer Abel Law Office Date: . 'V' 'r Suza n Spencer Abel, Esq. Attorn No: 202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 Home Office (717) 323-0345 Fax SpencerAbel@comcast.net N o R ECEIPT .0 (Domestic C Ir overage Provided) Er Nil 1 04=29113? _ ' 0 L U SE u..• Jli Postage a M CerMd Fee $2.65 12 f' ° ° = =F 12.15 Here 0 ? (Edors 0 Requi ed 10.00 ru rote) Postage & Fees $ $5.33 ' 12/21/2007 ° C3 o l f ur *r ----------- r` s`treei i iuv; orPOBomb. a ii ??j ° City SYate Nx -17_.l..i..._ -_ ------• KCB . -..--•. r in . defined. ¦ n 4 If A 006010d2N ¦ Pltrtt yow ftarrts and addms on the mverse so the we GW mtt" the CWd tO YOU. ¦ ?ttatfi this card to the beck of the mailp OM or of the frortt # $pdee perrMls. 0 Agent (f'fAr(rd Ngrrre? C. Dols of D*#Wy D. Is delivery add eee dfietert from Poem r 0 Yes If YES, enter delivery address below: 0 No N DA f e ea D 10 :MON ? ?i ? ktsted Neer o aoa?,..` .?--'" 4. Paetricted Delivery? (1=xtre Fee)_ - __ ? lbs Z AdlWN r6W 7004 2510 0003 5089 9607 nh.r.llr 4>r>eMr?!?11?M 1. Ardds Addressed to: Ps Form 3€311. vwx4vowy U405a6 1540 USPS Track & Confirm http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do IN OWED STATES / Sys Home I Help I Sion In Track & Confirm FA Track & Confirm Search Resuhs Label/Receipt Number: 7004 2510 0003 5089 9607 Status: Delivered Your item was delivered at 2:38 pm on January 14, 2008 in HUMMELSTOWN, PA 17036. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline Hosws tll e9 Daraib r^ r Rehr n W U cam i/e+na>R? _. Track & Go€rrrl .. Enter Label/Receipt Number. F Sire MeD CoMad U? Forms Gov_'t Services Jobs er!-_acy-,Pg69( yertns or Use Natbnal 8 Prembr Ao-Nds Mat CopyrighO 1999.2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA 0 V 1 of 1 8/19/2008 12:12 PM y J ? °'ti? '?: ?^') '#') f v ? ? .? " .{ ,.? t.3 -...? SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2007-7659 CIVIL TERM PAMELA DURHAM, Defendant CIVIL ACTION - LAW IN CUSTODY MOTION Defendant, Pamela Durham, by and through her attorney, Grace E. D'Alo of MidPenn Legal Services, move the schedule an immediate hearing, conciliation, or conference call with the attorneys on the grounds that: 1. The Plaintiff in the above caption matter is represented by legal counsel, Suzanne Spencer Abel, Esquire. 2. The Defendant, hereinafter "Mother" in the above captioned matter is represented by legal counsel, Grace D'Alo, Esquire of Midpenn Legal Services. 3. The Defendant is the natural mother of Faith Lynn Durham, age two. 4. A Custody Order was entered on January 28, 2008 granting shared legal custody to both parties. Plaintiff was granted primary physical custody. Mother was granted physical custody on January 26, February 1 to February 2, and every Friday to Sunday beginning February 8, plus one evening per week. Mother was granted additional periods of physical custody as mutually agreed to by both parties. A follow up conciliation was scheduled for March 12, 2008. 5. On March 14, 2008, a second Court Order was issued granting Plaintiff primary physical custody. Mother was given physical custody for three consecutive weekends beginning March 14, 2008, Friday, at 6:00 pm and ending Monday at 9:00 am. Mother was given custody on Monday April 7, 2008 from 6:00 pm until Tuesday Apri18, 2008 at 6:00 pm. She was also given additional periods as agreed by both parties. A follow up conciliation was scheduled for April 14, 2008. 6. On April 30, 2008 a third Court Order was issued granting Plaintiff primary physical custody and Mother partial physical custody. Beginning May 2, 2008, Mother had physical custody of Faith from Friday at 6:00 pm until Sunday at 4:00 pm. Mother was given custody every Wednesday, Thursday and Friday from 8:00 am to 1:00 pm. Commencing on Saturday May 10, 2008, Mother was given custody for three weeks in a row, beginning Saturday morning at 8:00 am and ending Monday morning at 8:00 am. On May 31, 2008 Mother was given custody of Faith from 8:00 am on Saturday until 4:00 pm on Sunday. This Order included provisions regarding proper use of car seats, the ban of use of alcohol during periods of custody, and disparaging remarks. A recommendation was made by the conciliator that Mother continue with mental health counseling and adhere to prescribed treatment including medications. 7. On May 30, 2008, Plaintiff filed a Motion for Modification of the custody order. He averred that Mother has failed to exercise her custodial periods, failed to return Faith at the correct return time, failed to secure documentation from her treating physician, was in possession of alcohol, and allowed her "untreated schizophrenic" mother to baby sit Faith. 8. On June 5, 2008, Mr. Durham filed a Petition for Contempt of the order dated April 30, 2008. 9. A Custody Order was issued on June 25, 2008 based upon a Custody Conciliation which occurred on June 16, 2008. The Custody Order granted Plaintiff primary physical custody ad Mother supervised partial physical custody. This Order was based solely on representations by Plaintiff's counsel regarding a Protection From Abuse petition filed by a third party regarding a different child (Docket Number 08- 3369). 10. A Motion to Consolidate was filed on June 10, 2008, which requested consolidation of the above captioned matter and the Protection From Abuse matter. The Motion to Consolidate was denied on June 25, 2008. 11. On June 25, 2008, Plaintiff withdrew the above referenced Motion for Modification of a Custody Order. 12. Since the filing of the Petition for Modification on May 30, 2008, Mother has been limited to supervised visitation and telephone contact. 13. On July 1, 2008 Mother filed an Emergency Petition for Special Relief to vacate the Custody Order issued June 25, 2008 and reinstate the Custody Order issued April 30, 2008 and grant Mother immediate physical custody of Faith. 14. A hearing was held on August 27, 2008 regarding the Emergency Petition for Special Relief, and an order has not been issued. 15. By default, the supervised visitation Order has been left in place. 16. The Court allowed supervised visits to continue, based on Mother's psychiatric history, specifically an action that occurred in January, 2008. 17. The Court's Order did not take into account all the previous orders of this Court between March and June during which time Mother enjoyed physical custody without any credible evidence showing that there were any problems other than lateness. 18. Since August 27, 2008, Mother has attended all counseling sessions. 19. Since August 27, 2008, Mother has seen Faith on Saturdays at her sisters except for one Saturday, September 13, when Mother's other child's illness made the visit impossible. 20. Visitation has been stressful with the presence of Mother's sister's boyfriend, who is an alcoholic and is hostile to Mother. 21. Mother's visitation has been severely restrained since June 25, 2008, based on unfound allegations of abuse and interference with custody by other parties. 22. Continued supervised visits are not in the child's best interests, not warranted by evidence, and unfairly deprive Mother of her rights to see and care for her daughter. WHEREFORE, Plaintiff requests that the Court grant this Motion and schedule an immediate hearing, conciliation, or conference call with attorneys. Respectfully Submitted, MIDPENN LEGAL SERVICES (-av e -?N D'Alo, Attorney for Louther Street PA 17013 SCOTT DURHAM : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :2007-7659 CIVIL ACTION LAW PAMELA DURHAM : IN CUSTODY Defendant AFFIDAVIT OF SERVICE BY MAIL I, Grace D'Alo, do hereby swear that I served Suzanne Spencer Abel with a Motion on September 23, 2008 by U.S. Mail, to the persons and addresses below: Suzanne Spencer Abel Spencer Abel Law Office P.O. Box 1161 Carlisle, PA 17013 John Mangan, Esq., Custody Conciliator 57 West Pomfret Street Carlisle, PA 17013 Date Z.C02? MidPenn Legal Services, Inc. je D'Alo, Esquire enn Legal Services -a L 401 E. Louther Street Carlisle, PA 17013 CJ rv ? cn SCOTT DURHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7659 CIVIL ACTION LAW PAMELA DURHAM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 26, 2008 , 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, October 14, 2008 at 2:30 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/ john. Man an r. Es q. md\ 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 ul ` lq'v? "'?+ 0, 6,r- 6 mqvw L C .7, 14d 6Z d35 OOOZ SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA DURHAM, DEFENDANT NO. 07-7659 CIVIL ORDER OF COURT AND NOW, this 1St day of October, 2008, IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held in this matter on Monday, October 6, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that at the request of Mother's Counsel, that Mother will be excused from the hearing in order to allow her to begin her new employment. The Court finds that employment by the Mother is an important consideration to both her ability to exercise custody and her mental health well-being. IT IS FURTHER ORDERED AND DIRECTED that Mother's Counsel shall have available either in person or by telephone, Mother's current mental health counselor to testify as to Mother's compliance with her recommended treatment program and her current mental state. By the Court, k --t ? N % - M. L. Ebert, Jr., J. Suzanne Spencer Abel, Esquire Attorney for Plaintiff Grace D'Alo, Esquire Attorney for Defendant o t-off bas Z ? I I WV I- 13080az 31HI 30 301--'-AC ?31H SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA DURHAM, DEFENDANT NO. 07-7659 CIVIL ORDER OF COURT AND NOW, this 6th day of October, 2008, after hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The parties, Scott Durham and Pamela Durham, shall have shared legal custody of the minor child, Faith Lynn Durham, born April 26, 2006. Each parent 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 her 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. II. Physical Custody: A. Father shall have primary physical custody of the child subject to visitation with the Mother from 6:00 p.m. Thursday evening until 6:00 p.m. Saturday evening. B. Christmas Holiday: The parties are directed to work out a suitable exchange of the child for Christmas Day. VN -a III. Transportation: The party picking up the child shall provide for transportation of the child. Such transportation may be provided by any responsible adult chosen by the parent. IV. The conciliation conference scheduled with Conciliator Mangan on October 14, 2008, is hereby cancelled. The next custody conciliation in this case shall be set by Mr. Mangan on or about January 15, 2009. The Mother is directed to attend all scheduled psychological counseling, psychiatric medical appointments, and comply with all treatment regiments to include the taking of prescribed medications. By the Court, M. L. Ebert, Jr., J. Suzanne Spencer Abel, Esquire Attorney for Plaintiff Grace D'Alo, Esquire Attorney for Defendant John Mangan, Esquire Custody Conciliator 4 bas SCOTT DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs : No. 2007 - 7659 PAMELA DURHAM, Defendant CIVIL ACTION - LAW : IN DIVORCE PRAECIPE to TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of complaint: Complaint was served via U.S.P.S. Certified Mail, Return Receipt Requested. Defendant Pamela Durham signed for the complaint on January 14, 2008. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code; by Plaintiff on July 27, 2008; by Defendant on July 26, 2008. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice was filed with the prothonotary: August 19, 2008; and, Date Defendant's Waiver of Notice was filed with the prothonotary: August 19, 2008. Respectfully submitted, Spencer Abel Law Office I'lla Date: Suz n e Spen r Abel, Esq. P.O. x 1161 Carlisle, PA 17013 (717) 386-5612 Home Office (717) 386-5613 Fax SpencerAbel@comcast.net a S ? ? .:; ?t`t ?,..? ? G;? .y-,1 ? -'t,' ? ?? .- '._ y ??? `? ? °- :? .?-- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SCOTT DURHAM, Plaintiff No. 2007 - 7659 VERSUS PAMELA DURHAM, Defendant AND NOW, DECREE IN DIVORCE Scott Durham DECREED THAT Pamela Durham AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COURT: PROTHONOTARY -1 oo6, IT IS ORDERED AND )t °' i a ? JAN? n zoos, 5 U ... SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7659 CIVIL ACTION LAW PAMELA DURHAM, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT tt% AND NOW this IL day of January 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. 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 her 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. 4. Physical Custody: The Father shall have primary physical custody of the Child subject to Mother's supervised (unsupervised by agreement) partial physical custody. Said periods of physical custody shall occur at least one time per week (on Monday in the absence of agreement otherwise) for a period of three (3) hours in duration at an agreed upon location (her residence or any other location). In the absence of agreement, Mother's periods of partial custody shall occur at the Capital City Mall. Mother may have additional periods of custody with Faith by agreement. 5. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, Mother shall have telephone contact with Faith every night between 7:00 pm and 7:30 pm. Father shall ensure that any missed calls are returned promptly. 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 disparage the other parent in the presence of the Child. 8. 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 consumelbe 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. 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, -N-? ?4 , k J. Distribution: ace D'Alo, Esquire ??e Spencer Abel, Esquire Qfui J. Mangan, Esquire J r i ra ` 1 .0I RV 9Z N VP 60OZ Advi ?l+ nl aUt ?? ?G. SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. 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 Faith Lynn Durham 4/26/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 and Order of Court was issued January 28, 2008. A status update conference was held on March 12, 2008 and an Order of Court was issued March 14, 2008. A status update conference was held on April 28, 2008 and an Order of Court was issued April 30, 2008. Father filed a petition for contempt and a separate petition for modification and a conference was held on June 16, 2008, an Order issued June 25, 2008. A hearing was held before this Court and an Order was issued October 6, 2008 directing a conference before the undersigned on January 15, 2009 with the following individuals in attendance: The Mother, Pamela Durham, did not appear but was represented by her counsel, Grace D'Alo, Esq. The Father, Scott Durham, and his counsel, Suzanne Spencer Abel, Esq. did not appear. 3. Mother's ability to parent said Child has undergone some significant set-backs since the last Court hearing. 4. The Conciliator recommends an Order in the form as attached and the parties acknowledge that the proposed Order is in the Child's best interest at the current time. Date MAY 2 7 200 SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7659 CIVIL ACTION LAW PAMELA DURHAM, IN CUSTODY Defendant : Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this e _ day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Scott Durham, and the Mother, Pamela Durham, shall have shared legal custody of Faith Lynn Durham, born 4/26/2006. 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 her 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 Father shall have primary physical custody of the Child subject to Mother's supervised (unsupervised by agreement) partial physical custody. Said periods of physical custody shall occur at least two (2) times per week for a period of two (2) hours from 5:00 pm until 7:00 pm. In the absence of agreement otherwise, Mother's periods of partial custody shall occur at the Capital City Mall until Mother is able to set up visitation at the YWCA in Harrisburg. Once Mother has set up visitation at the YWCA, Mother's visits or periods of partial custody shall occur at the YWCA at least two times per week for two hours (subject to the YWCA's availability). It has been agreed between the parties that Mother's increased visitation at the YWCA above the two times for two hours per week is permissible subject to the YWCA's availability. Father shall make arrangements to transport Faith to the YWCA for the visits. Mother may have additional periods of custody with Faith by agreement. 4. Until Mother's periods of partial custody begin at the YWCA, the parties shall meet at the Capital City Mall and it is directed that only Mother, Father and Faith arrive at the Mall to have the visit. Should either party elect to bring a third party to the visitation, the party that follows this directive shall have physical custody of Faith until the next scheduled visitation period. 5. Mother shall continue with her mental health treatment/counseling as recommended and adhere to her treating professional's recommendations and prescribed medications. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, Mother shall have telephone contact with Faith every night (except `" f$ :0111' 2Z k I 6 p for the days that Mother has had partial custody/visitation) between 6:00 pm and 6:30 pm. Father shall ensure that any missed calls are returned promptly. 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 parry, 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 disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible 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. 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. Either party may contact the assigned conciliator to schedule a status conference as necessary or appropriate in the best interest of Faith. By the Court, stribution: ?amela Durham, 5 Foxfield Lane, Elizabethtown, PA 17022 ?uzanne Spencer Abel, Esquire .."?John J. Mangan, Esquire `;pP ifS rnZL lFJ. S?;tB/09 SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 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 Faith Lynn Durham 4/26/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 and Order of Court was issued January 28, 2008. A status update conference was held on March 12, 2008 and an Order of Court was issued March 14, 2008. A status update conference was held on April 28, 2008 and an Order of Court was issued April 30, 2008. Father filed a petition for contempt and a separate petition for modification and a conference was held on June 16, 2008, an Order issued June 25, 2008. A hearing was held before this Court and an Order was issued October 6, 2008 directing a conference before the undersigned on January 15, 2009 and an Order was issued January 26, 2009. A conciliation conference was held April 24, 2009 with the following individuals in attendance: The Mother, Pamela Durham, pro se The Father, Scott Durham, and his counsel, Suzanne Spencer Abel, Esq. 3. The Conciliator recommends an Order in the form as attached and the parties acknowledge that the proposed Order is in the Child's best interest at the current time. Date John ;J."--"aran,Esquire Custo nciliator r NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT =v? 4 EE9 1$ X1112: 5 SCOTT DURHAM, Plaintiff V. PAMELA DURHAM, Defendant II'Q9 6 ' ' ik'r OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7659 CIVIL IN CUSTODY ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the defendant in this matter. Respectfully sub fitted, WOLF & W?Attorneys at Law Date: February 1,' 2011 By: NA . Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant 00 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT SCOTT DURHAM, V. Plaintiff PAMELA DURHAM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-7659 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Petition for Modifcation upon the following party by United States Mail, addressed as follows: Scott Durham 49 East South Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOa Date: February L 2011 Wolf, Esquire SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW PAMELA DURHAM, NO 2007-7659 - . C ) Defendant , w z PRAECIPE <= , I ;rj co TO THE PROTHONOTARY OF CUMBERLAND COUNTY:' ?,. 2-22 Please withdraw the appearance of Martson Law Offices on behalf of th i int? , Sett Durham, in the above case. Scott Durham will represent himself Pro Se and all documents should be served on him at 525 Highland Court, Carlisle, PA 17013. Dated: May 2011 Hubert X. Gilroy, Es( Martson Law Offic 10 East High Str t Carlisle, PA 013 (717) 243-3341 ID #29943 Attorney for Plaintiff Dated: May 2011 z of Durham ~~ SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• No. 07-7659 CIVIL ACTION LAW PAMELA DURHAM, N/K/A IN CUSTODY PAMELA GEORGE Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this / 5 ~`" day of November 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the a,3'"'' day of , 201' at /0.3~ am/pan in Courtroom number 2 in the Cumberland Co ty Co of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. 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 five days prior to the hearing date. 3. dal Custody: The Father, Scott Durham, and the Mother, Pamela George, shall have shared legal custody of Faith Lynn Durham, born 4/24/2006. 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 her 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. 4. Physical Custody: The Father shall have primary physical custody of the Child subject to Mother's partial physical custody. a. On a repeating two week schedule, during the school year, Mother shall have custody on alternating weekends from Friday 5:30 pm until Sunday 6:00 pm. Absent agreement otherwise, the parties shall meet approximately half way in Highspire, PA to exchange custody at the designated days and times. If there is no school on a particular Monday following Mother's weekend and Mother is not working, Mother shall keep Faith until Monday 6:00 pm. During the summertime, Mother shall have custody on alternating weekends from Friday 5:30 pm until Sunday 7:00 pm. Absent agreement otherwise, the parties shall meet approximately half way in Highspire, PA to exchange custody at the designated days and times. b. It has been agreed that for Mother's periods of custody, maternal grandmother shall not be present. c. Mother may have additional periods of custody with Faith by agreement. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, Mother shall have telephone contact with Faith every night (except for the days that Mother has had partial custody/visitation) between 6:00 pm and 6:30 pm. Father shall ensure that any missed calls are returned promptly. 6. 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 disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. Vacation: Commencing 2012, each parent shall have two non-consecutive weeks of vacation with the Child per year. Father has agreed to provide Mother with notice of his requested vacation by January 31St of each year. 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 this vacation time by mutual agreement. 9. Holidays: Christmas in odd years, Father shall have custody from 2:00 pm on 12/24 until 4:00 pm on 12/25 and Mother shall have custody 12/25 at 4:00 pm until 12/26 4:00 pm. In even years, Father shall have custody of Faith until 12/24 at 8:00 pm. Mother shall have custody 12/24 8:00 pm until 12/25 4:00 pm. For Thanksgiving, this holiday shall be from Wednesday 7:00 pm until Sunday 6:00 pm alternated between the parties. Each parent has custody on Mother's/Father's day from 8:00 am unti16:00 pm. All other holidays shall be alternated between the parties from 7 pm the evening before until 7 pm the day of the holiday. 10. During any periods of custody or visitation, the parties shall not possess or use illegal 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. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of anon-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. Prior to the scheduled hearing, the parties may contact the assigned conciliator for a conference if necessary. 13. 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, J. Distribution: ~ ~~ -,_ ~~` ,/ Nathan Wolf, Esq. ~ -o ^' 3- n /Scott Durham, 524 Highland Court, Carlisle, PA 17013 cry im ~ ° ,-r3 _-- ~~; '~ John J. Mangan, Esquire ~r~~` --- ~,' ~' C ~ 3.a ~ ;=~ `1`. -~-- ~" ~~ ,p ~~~ .. Iv SCOTT DURHAM, Plaintiff v. PAMELA DURHAM, N/K/A PAMELA GEORGE Defendant Prior Judge: M.L. Ebert, Jr., J. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7659 CNIL 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: 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 Faith Lynn Durham 4/24/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on January 23, 2008 and Order of Court was issued January 28, 2008. A status update conference was held on March 12, 2008 and an Order of Court was issued March 14, 2008. A status update conference was held on Apri128, 2008 and an Order of Court was issued Apri130, 2008. Father filed a petition for contempt and a separate petition for modification and a conference was held on June 16, 2008, an Order issued June 25, 2008. A hearing was held before this Court and an Order was issued October 6, 2008 directing a conference before the undersigned on January 15, 2009 and an Order was issued January 26, 2009. A conciliation conference was held Apri124, 2009 and an Order issued May 28, 2009. A conference was held March 29, 2011, another conference was held July O5, 2011, an Order issued August 31, 2011 and a conference was held October 23, 2012 in regard to Mother's petition to modify with the following individuals in attendance: The Mother, Pamela Durham, Nate Wolf, Esq. The Father, Scott Durham, self-represented party. 3. The parents' position on custody is as follows: Father requests that the status quo remain in place with Mother having alternating weekends throughout the year. Father reports that Faith is doing well in school at Letort elementary. Father has recently remarried and his new wife assists with caring for Faith when he is working. Father is employed fulltime with Coca-Cola. Mother has moved to Lebanon and the parents live about an hour apart and they meet halfway in Highspire to exchange custody. Mother is employed at Good Samaritan Hospital as a claim representative and has also remarried. Mother lives with her husband, her son, his daughter and Faith on the alternating weekends. Mother is now requesting primary physical custody throughout the school year. Discussion was had on the possibility of Father having primary custody with Mother continuing alternating weekends during the school year and Mother having primary during the summer with Father having alternating weekends. Neither Father nor Mother was agreeable to this possibility. 4. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 5. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Date John . M gan, Esquire Cu ody onciliator SCOTT DURHAM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA DURHAM, N/K/A PAMELA GEORGE, DEFENDANT NO. 07-7659 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 2"d day of May, 2013, it appearing that the hearing date to resolve any summer school recess schedule for 2014, that this Court previously scheduled, conflicts with a jury trial week for 2014, IT IS HEREBY ORDERED AND DIRECTED that the hearing originally scheduled for Friday, May 14, 2014, at 9:00 a.m. will now be held on Friday, May 2, 2014, at 9:00 a.m. if the parties are unable to reach an agreement. IT IS FURTHER ORDERED AND DIRECTED that Counsel shall advise the Court if the hearing will be necessary closer to the date. By the Court, M. L. Ebert, Jr., J. Sheri D. Coover, Esquire Attorney for 4a-"� ,/Nathan C. Wolf, Esquire Attorney for V C= e. C= bas MF C:)cS -TI C) 77� Sheri D. Coover, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657 -7770 — telephone (717) 657 -7797 — facsimile Attorney for Plaintiff L�.0 HL P t 25111 ri.VR 19 12. 25 CUMfER!-t N COUNTY D PENNSYLVANIA SCOTT DURHAM, Plaintiff v. PAMELA DURHAM, N /K/A PAMELA GEORGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CASE NO. 07-7659 : IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW comes Petitioner, Sheri D. Coover, Esquire and Scaringi & Scaringi, P.C., who respectfully request that this Honorable Court grant her permission to immediately withdraw as counsel for Plaintiff in the above - captioned action and in support thereof avers as follows: 1. Sheri D. Coover, Esquire and Scaringi & Scaringi, P.C., are presently counsel of record for Plaintiff, Scott Durham, in the above - captioned matter. 2. Pennsylvania Rule of Professional Conduct 1.16(b) permits withdrawal as counsel when: a. "withdrawal can be accomplished without material adverse effect on the interests of the client;" Pa.R.P.C. 1.16(b)(1); b. "other good cause for withdrawal exists." Pa.R.P.C. 1.16(b)(7). 3. Petitioner represented Plaintiff in a custody action. 4. Plaintiff refuses to cooperate with Petitioner in her representation and has breached the agreement that he entered into regarding payment of legal fees. 5. Petitioner cannot continue to represent Plaintiff in accordance with the Rule of Professional Conduct. 6. Nathan Wolf, attorney for the Defendant, has been contacted and has no objection to the within motion. 7. No hearing or argument is requested. 8. Discovery is not necessary. WHEREFORE, Petitioner respectfully requests that this Honorable Court order that Petitioner's request to withdraw as counsel on behalf, of Plaintiff, Scott Durham, in the above- captioned matter is granted. Date: Respectfully submitted: (lilt, 0. G., Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 CERTIFICATE OF SERVICE I, Sheri D. Coover, Esq. for Scaringi & Scaringi, P.C. do hereby certify that a copy of the foregoing Petition to Withdraw as Counsel in the above-captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Nathan C. Wolf, Esquire 10 West High Stree Carlisle, PA 17013 Scott Durham 50 Bonnybrook Rd, Lot 12 Carlisle, PA 17013 Respectfully submitted, Date ,3-te-iti 0.CocvAA. Sheri D. Coover, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797fax SCOTT DURHAM, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CASE NO. 07-7659 PAMELA DURHAM, N/KJA PAMELA GEORGE, Defendant : IN CUSTODY AND NOW THIS " „"1/% A "A day of ORDER -.< > < (X) • , 2014, upon consideration of th—e- foregoing Petition to Withdraw as Counsel it is hereby ORDERED that the Petition to Withdraw as Counsel is GRANTED. Sheri D. Coover, Esquire and Scaringi & Scaringi, P.C. are hereby withdrawn from this matter as counsel for Plaintiff, Scott Durham. BY THE COURT: Distribution List: i/iheri D. Coover, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Rd., Ste. 106, Harrisburg, PA 17110 ../Nathan C. Wolf, Esquire, 10 West High Street, Carlisle, PA 17013 .4cott Durham, 50 Bonnybrook Rd, Lot 12, Carlisle, PA 17013 ozrzi.es lczt, 3 2...40y SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA DURHAM, N/K/A PAMELA GEORGE, DEFENDANT : NO. 07-7659 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 31st day of March, 2014, this Court having scheduled a hearing regarding the summer school recess custody for Friday, May 2, 2014, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, IT IS HEREBY ORDERED AND DIRECTED that the parties submit their proposed summer schedules to this Court and each other on or before April 21, 2014. By the Court, Scott Durham, Pro Se Plaintiff .,'than C. Wolf, Esquire Attorney for Mother bas cn ;7-7_1 „. „ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241 -4436 ATTORNEY FOR DEFENDANT SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW c) : NO. 2007-7659 CIVIL -o= mco PAMELA DURHAM N /K /A, zrn PAMELA GEORGE (p� Defendant : IN IbUSTODY r-= <c) Dn =p STIPULATION AND AGREEMENT --4� FOR CUSTODY AND NOW COME the parties to the above - captioned action and set forth the following stipulation and agreement with regard to the custody of their minor child, Faith Lynn Durham, born April 24, 2006, and request this Honorable Court amend its Order of March 1, 2013 to reflect the following terms of their agreement as it relates to summer recess custody thereby eliminating the need for a hearing on the issue of summer recess custody scheduled to occur May 2, 2014: 1. Custody shall be shared during the period of summer recess from school in 2014 in accordance with the following schedule: a. Father shall have custody from Friday June 6 at 6 p.m. until Sunday. June 8, 2014 at 6 pm. b. Mother shall then have custody of the child until Friday, June 13 at 6 p.m. c. Father shall then have custody of the child until Friday June 27 at 6 p.m. which each party acknowledges permits Father to enjoy custody on his birthday, on Father's day and for his period of vacation. d. Mother will then have custody of the child from June 27th at 6 p.m. until July 11`'' at 6 p.m. e. Father will then have custody from July 11th at 6 p.m. until July 20th at 6 p.m. f. Mother will then have custody from July 20th at 6 p.m. until July 25th at 6 p.m. g. Father will then have custody from July 25th at 6 p.m. until July 30`h at 6 p.m. h. Mother will then have custody from July 30th at 6 p.m. until August 8th at 6 p.m., which the parties acknowledge permits Mother to enjoy custody on her birthday. i. Father will have then custody from August 8th at 6 p.m. until August 15th at 6 p.m. j. Mother will then have custody for the balance of the summer in order to re- acclimate the child to her routine prior to the beginning of the school year. k. Father's normal weekend schedule of custody will resume on August 29, 2014 at 6 p.m. until August 31, 2014 at 6 p.m. and will continue to occur every other weekend thereafter. 2. The parties agree that each party must take their summer vacation(s) during their scheduled time with the child and not permit their vacation period to overlap with the other party's scheduled time. 3. The parties may agree to modify and permit additional time with the other parent so long as such requests are made and agreed to in writing by both parties. 4. The parties further agree that if the child will be spending any overnight somewhere other their normal residence or if the child is to be in the overnight custody of someone other than a parent, then the custodial parent must provide written notice of the same in advance, which notice shall include the location of where the child will be staying and contact information for the adult who is caring for the child in the place of a parent. 5. The parties request that this agreement be made an Order of Court which shall continue to be place in future years, adjusting only the dates set forth herein such that exchanges shall continue to be made on Fridays, unless the schedule is otherwise modified by the parties mutually executed written agreement or by further Order of Court. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated and request the Court issue an Order cancelling the hearing scheduled for May 2, 2014 and incorporating the terms of the instant agreement and providing that the Court's Order of March 1, 2013 shall otherwise remain in full force and effect. WITNESSETH: Date: Date: o t D. Durham, Plaintiff i—'Arn piefUlkft ela George, Defenda SCOTT DURHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -0 3 s -- v. :CIVIL ACTION —LAW -.... m rT °F --o r, : NO. 2007-7659 CIVIL -<D © o c ; PAMELA DURHAM N /K /A, r -. � 6 PAMELA GEORGE >c-) -, CD Defendant : IN CUSTODY v N c -{ caa =.-, --( wtia ORDER OF COURT AND NOW this 3 day of K 4 r 11 , 2014, upon consideration of the attached stipulation and agreement of the parties, the following relief is hereby ORDERED: 1. The hearing scheduled for May 2, 2014 before the undersigned is CANCELLED. 2. The Order of March 1, 2013 shall remain in full force and effect subject to the following changes related to the period of summer recess only, as provided in paragraph 2D. 3. Custody shall be shared during the period of summer recess from school in 2014 in accordance with the following schedule: a. Father shall have custody from Friday June 6, 2014 at 6 p.m. until Sunday June 8, 2014 at 6 pm. b. Mother shall then have custody of the child until Friday, June 13 at 6 p.m. c. Father shall then have custody of the child until Friday June 27 at 6 p.m. which each party acknowledges permits Father to enjoy custody on his birthday, on Father's day and for his period of vacation. d. Mother will then have custody of the child from June 27th at 6 p.m. until July 11th at 6 p.m. e. Father will then have custody from July 11t at 6 p.m. until July 20`h at 6 p.m. f. Mother will then have custody from July 20`h at 6 p.m. until July 25th at 6 p.m. g. Father will then have custody from July 25th at 6 p.m. until July 30`h at 6 p.m. h. Mother will then have custody from July 30t at 6 p.m. until August 8th at 6 p.m., which the parties acknowledge permits Mother to enjoy custody on her birthday. i. Father will have then custody from August 8th at 6 p.m. until August 15t'' at 6 p.m. j. Mother will then have custody for the balance of the summer in order to re- acclimate the child to her routine prior to the beginning of the school year. k. Father's normal weekend schedule of custody will resume on August 29, 2014 at 6 p.m. until August 31, 2014 at 6 p.m. and will continue to occur every other weekend thereafter. 4. Each party must take their summer vacation(s) during their scheduled time with the child and not permit their vacation period to overlap with the other party's scheduled time. 5. The parties may agree to modify and permit additional time with the other parent so long as such requests are made and agreed to in writing by both parties. 6. If the child will be spending any overnight somewhere other their normal residence or if the child is to be in the overnight custody of someone other than a parent, then the custodial parent must provide written notice of the same in advance, which notice shall include the location of where the child will be staying and contact information for the adult who is caring for the child in the place of a parent. 7. The foregoing schedule shall apply in future years, adjusting only the dates set forth herein such that exchanges shall continue to be made on Fridays, unless the schedule is otherwise modified by the parties mutually executed written agreement or by further Order of Court. BY THE COURT: Di 'bution: Cott D. Durham, pro se 50 Bonnybrook Road Lot 12 Carlisle, PA 17013 an C. Wolf, Esquire For the Defendant Court Administration I E.s 1'2i mil. 3a`fY