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HomeMy WebLinkAbout08-1018 BRENNA K. KERNAN, 15 Heidi Terrace Camp Hill, Pennsylvania 17011 Plaintiff v. DONTREY P. LASTER 302 3rd Street Enola, Pennsylvania 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 08- /018 CIVIL TERM CHILD CUSTODY PRAECIPE FOR WRIT OF SUMMONS TO: Curtis R. Long, Prothonotary: Please issue a Writ of Summons against Defendant DONTREY P. LASTER in the above-captioned matter. Date: February 13, 2008 4ayn ?? . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 WAYNE F. SHADE Telephone: 717-243-0220 Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania Attorney for Plaintiff 17013 1? f? N ti t" 3 C N ca w c? C.r,? C3 ?HIMr c=? 0 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS BRENDA K. KERNAN, 15 HEIDI TERRACE CAMP HILL, PA 17011 Plaintiff Vs. DONTREY P. LASTER 302 3RD STREET ENOLA, PA 17025 Defendant Court of Common Pleas No 08-1018 CIVIL TERM In CivilAction-Law To DONTREY P. LASTER, You are hereby notified that BRENNA K. KERNAN, the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curds R. Lon ono Date FEBRUARY 13, 2008 By Deputy Attorney: Name: WAYNE F. SHADE, ESQUIRE Address: 53 WEST POMFRET STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-243-0220 Supreme Court ID No. 15712 BRENNA K. KERNAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 08- I61$ CIVIL TERM DONTREY P. LASTER, Defendant : CHILD CUSTODY STIPULATION FOR CHILD CUSTODY AND NOW, this day of February, 2008, come Plaintiff BRENNA K. KERNAN and Defendant DONTREY P. LASTER, who, with regard to custody of their minor child, Cayden D. Laster, born May 21, 2005, stipulate and agree, as follows: 1. Plaintiff BRENNA K. KERNAN is an adult individual and the biological mother of the child herein who was born on March 4, 1981, and who resides at 15 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant DONTREY P. LASTER is an adult individual and the biological father of the child herein who was born on November 2, 1975, and who resides at 302 3rd Street, Enola, Cumberland County, Pennsylvania 17025. 3. Custody of said child shall be as set forth in the foregoing Order of Court. Due to WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 variations in the father's work schedule, it would be prohibitively difficult to set a fixed schedule of partial custody. Therefore, it is agreed that any failure on the part of the father to return the child upon the demand of the mother will constitute a violation of this Order. 4. Transfer of custody shall be at the home of the mother with the father to be responsible for obtaining and returning the child at that location. 5. Should either party at anytime in the future petition the Court for a modification of this Order, it shall not be necessary for the party to show a change in circumstances; and all relevant facts and circumstances shall be subject to judicial review and not only those existing subsequently to the entry of this Order. 6. It is the desire and intention of the parties hereto that this Stipulation for Child Custody be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- and that it be endorsed as an Order of Court so as to have the full effect thereof. I verify that the statements made in the foregoing Stipulation 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: February 10, 2008 Brenna K. Kernan I verify that the statements made in the foregoing Stipulation 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. r Date: February % , 2008 ?-% Dontrey RI)aster WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- - cra r?? 4t FEB 1 5 Zoos .-/ 1 BRENNA K. KERNAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO.08- 1616 CIVIL TERM DONTREY P. LASTER, Defendant : CHILD CUSTODY ORDER OF COURT tL AND NOW, this 2 O day of February, 2008, Plaintiff BRENNA K. KERNAN, represented by Wayne F. Shade, Esquire, and Defendant DONTREY P. LASTER, who is unrepresented by counsel, have stipulated and agreed with regard to custody of their minor child, Cayden D. Laster, born May 21, 2005, and therefore it is hereby ordered and decreed, as follows: 1. Primary legal custody of said child as contemplated by 23 Pa.C.S. §5302 will be in Plaintiff as the biological mother. 2. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Primary physical custody of said child shall be in the mother subject to reasonable rights of partial physical custody in the father as the parties hereto may from time to time WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 agree. Due to variations in the father's work schedule, it would be prohibitively difficult to set a fixed schedule of partial custody. Therefore, any failure on the part of the father to return the child upon the demand of the mother will constitute a violation of this Order. 3. Transfer of custody shall be at the home of the mother with the father to be responsible for obtaining and returning the child at that location. ayne F. Shade, Esquire Attorney for Plaintiff Dontrey P. Laster Pro se CDr???.s' ma???? By the Court, a DONTREY P. CASTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V• 2008-1018 CIVIL ACTION LAW BRENNA KERNAN IN CUSTODY DF..FENDANT ORDER OF COURT AND NOW, Tuesday, August 10, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor ,Cumberland County Courthouse, Carlisle on Wednesday, August 25, 2010 at 8:00 AM for aPre-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/ Hr~berr X. Gilro 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. v,~ $• lo- t d Cumberland County Bar Association C.~•4-. C~ ~na~-~ea ~~ ~^? d ~' 32 South Bedford Street ~;„ ^y~ /L-~~~C-Q~ b ~'' Carlisle, Pennsylvania l 7U 13 C ` ' -~ ~ ` ~- ~d G-.b ~'~ CJ Telephone (717) 249-3166 ~_ ~ O _ . $ td •to ~ ~ ma.~ tech ~ -E-o ~~e-~-~. . _ ~ :_ • 1 O • lC~ ~ ~1 acet~ ~ rt 5 -~ `~ ~'si fro c~ .~ -~ a ~ - . , . ~ BRENNA KERNAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-1018 DONTREY P. LASTER, CIVIL ACTION - LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE I, Karl R. Hildabrand, Esquire, hereby certified that a true and correct copy of the Petition for Modification of Custody Order filed on July 28, 2010 was served upon Respondent, Brenna Kernan on August 16, 2010 by certified mail, return receipt requested. Attached hereto, marked as Exhibit A and incorporated herein by reference is the original return receipt for said service. Respectfully submitted, Date: 8/17/10 NESTICO, DRUBY & HILDABRAND, PC *arl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Attorney for Dontrey P. Laster C O 00 ¦ Carrt I ft fleets 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: bfco-"? V IKecxmn W "6kcu 1iacq-' C94-r\? - iw) ?,O\ \-10q A* 7?' ? A* /?\? 13 Agent Receivlyd by (Prin Name) C. Date of Delivery ,Od e 1 646 - Is delivery address different from item 1? 13yis If YES, enter delivery address below: 0 No 3. Service Type Certtw Mail ? Express Mail Registered 'Jil:Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (transferfroms 7009 0080 0001 7877 8776 ; PS Form 3811, ruary Domestic Return Receipt 102695-02-M-1540 11 ^ 11 DONTREY P. LASTER, Plaintiff vs. BRENNA KERNAN, Defendant AUG ? 7 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1018 CIVIL ACTION - LAW IN CUSTODY COURT ORDER Ci ..a 7-1i ?: cn : c, -IL NOW, this ?T , day of 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order dated February 20, 2008, shall remain in effect subject to the following modifications: A. The father, Dontrey P. Laster, shall enjoy periods of temporary physical custody with the minor child, Cayden D. Laster, born May 21, 2005, as follows: (1) On alternating weekends every Saturday and Sunday from 9:00 a.m. until 6:00 p.m. starting Saturday, August 28, 2010; and (2) At such other times as agreed upon by the parties. 2. When Father has custody of the minor child, he shall not expose the child to smoking in the home or in a motor vehicle. Additionally, neither parent shall be under the influence of alcohol while they have custody of the minor child. 3. Exchange of custody for transportation purposes shall be handled with the Father picking the child up in the morning at the Mother's home on his day of custody and the Mother picking up the child in the evening at the Father's home, unless agreed otherwise by the parties. 4. A telephone conversation is scheduled with legal counsel for the parties on Friday, November 5, 2010, at 8:00 a.m. At this conference and in the event the above custody schedule has progressed without any problems, it is anticipated that Father's periods of custody may be expanded to start overnight visitation. Additionally, a holiday schedule will be addressed at that time. 5. If any significant issues take place that merit immediate attention by the Court, counsel for either parry may contact the Custody Conciliator prior to the above scheduled telephone conference and the Conciliator may, as appropriate, submit a modified Order to this Court for its consideration. BY THE COURT, J esley Oler, J ., Judge cc: arl R. Hildabrand, Esquire ?anie Erb, Esquire 4 6 off/ DONTREY P. LASTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-1018 CIVIL ACTION -LAW BRENNA KERNAN, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Cayden D. Lasater, born May 21, 2005 2. A Conciliation Conference was held on August 25, 2010, with the following individuals in attendance: the father, Dontrey P. Laster, who appeared with counsel, Karl R. Hildabrand, Esquire, and the mother, Brenna Kernan, with her counsel, Melanie Erb, Esquire. 3. Based upon the information the Conciliator received at the conference and after consulting with the parties, the Conciliator recommends a TEMPORARY Order in the form as attached. I-) 1`-l- _ Date: August oC 2010 rl - X?P/' Hu ertX. Gi roy squire Custody Conci?li for BRENNA KERNAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 2008-1018 CIVIL ACTION - LAW DONTREY P. LASTER, c-) Defendant : IN CUSTODY `= cz? =m M Pl;:- co r*? CUSTODY STIPULATION r-.Z :f C:) c' cs z AND NOW, this ?- g day of December, 2010, the parties, BRENl'S;? ?ERN - cn C:) > :? ("Mother") and DONTREY P. LASTER ("Father"), stipulate to the following provisions being--" made an Order of Court: The parties shall share legal custody of CAYDEN D. LASTER, (born May 21, 2005). Both parents realize and appreciate that it is critical for the child's healthy development that he feel good about, and loving toward, both parents and that both parents play a major role in helping to achieve this goal. 2. The parties agree that major decisions concerning the child, including but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. :Each party agrees not to impair the other's rights to shared legal custody of the child. Each party shall notify the other of any activity or circumstances concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority, and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Mother shall continue to have primary physical custody of the minor child. 4. Father shall have periods of partial physical custody of the minor child every other weekend, from Friday at 6:30p.m. until Sunday at 6:00p.m. beginning with Friday, December 3, 2010. 5. Summer. Each party shall be entitled to two (2) weeks of uninterrupted time in the summer. These weeks shall be non-consecutive and shall coincide with their weekend. Each party shall provide the other with thirty (30) days advance notice in writing of the vacation schedule. 6. Holidays: a. Christmas: Mother shall have the minor child from Christmas Eve until Christmas morning each year. Father shall have the minor child from 9:00a.m. Christmas morning until December 26th at 9:00a.m each year. b. The parties shall share Thanksgiving each year with the parties mutually agreeing to time each year. C. Easter: Father shall have the minor child each year from 9:00a.m. until 6:00p.m. d. Father shall have physical custody of the child each Father's Day and Mother shall have physical custody of the child on Mother's Day. Child's Birthday: the parties shall share the minor child's birthday and will mutually agree to time each year. Unless otherwise agreed upon, if the child's birthday occurs during the week (Mon-Fri), Father shall have the minor child from 5:00p.m. until 7:00p.m. and shall provide all the transportation. If the child's birthday occurs on a Saturday or Sunday, the non-custodial parent. shall have the child from 1:00p.m. until 6:00p.m. and shall provide all the transportation. £ The holiday schedule shall take precedence over the regular schedule. 7. Communication: All communication between the parties shall be civil, good natured and intended to serve the best interests of the child. Both parents shall provide the other with all applicable addresses and. telephone numbers, including home, work and cell phone numbers. The parent having physical custody of the child shall ensure the other parent has reasonable telephone and e-mail privileges (if available and when the child becomes of age when he uses e-mail) with the child. 8. Transportation: The parties shall share transportation equally with the party beginning the period of physical custody providing transportation. It is agreed that both parties shall maintain valid drivers' license, vehicle insurance, and state inspections. It is also agreed that either party may ask for proof of this no more than two times per calendar year. 9. When Father has custody of the minor child, he shall not expose the minor child to smoking in the home or in a motor vehicle. Additionally, neither parent shall be under the influence of alcohol while they have custody of the minor child. The parties shall ensure, to the extent possible, that others in the presence of the child comply with this prohibition. 10. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall refrain from making derogatory comments about the other parent or his/her significant other in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child, whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates. Each parental figure shall refer to the other by the appropriate role name (i.e. mom, dad, etc.). Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 11. Relocation: The parties mutually agree that neither parent shall relocate more than fifty (50) miles from their current residences if such move would necessitate a change in the custody arrangement without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 12. Neither party shall travel with the minor child outside the Commonwealth of Pennsylvania for any reason without providing written notice to the other parent, along with address and telephone numbers for where the child will be staying. 13. Modification: Any of the provisions of this Stipulation may be modified or deleted upon mutual consent of the parents. The parents acknowledge circumstances may warrant a change in custodial periods and agree to work together, to ensure the child is able to attend special family events, to attend activities in which she is enrolled, etc. Absent a mutual agreement of the parties or further Order of Court, the above provisions shall be followed. 14. An Order of Court will be entered in accordance with the terms of this Stipulation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: Brenna Kernan WITNESS:' 61 A(v Dontrey P. La ter BRENNA KERNAN, Plaintiff V. DONTREY P. LASTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERAND COUNTY, PENNSYLVANIA : NO. 2008-1018 CIVIL ACTION -LAW IN CUSTODY ?day ORDER OF COURT AND NOW, this J y of , 2011, the Stipulation of the parties regarding the custody of CAYDEN D. LASTER, (D.O.B. May 21, 2005), dated December 29, 2010 which is attached hereto, is hereby approved, adopted and made an Order of this Court. cc w- ?"'_ V 1 R. Hildabrand, Esquire, Attorney for Plaintiff ? Melanie Erb, Esquire, Attorney for Defendant b QS r-niat d54' --a r? L?.J w s Co { C7 e? r BY THE COURT: BRENNA KERNAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL9 ,Alg - rnw V. : NO.: 2008-1018 r -Orn a ?y th : a ° DONTREY P. LASTER, : CIVIL ACTION - LAW!C M-n Defendant : IN CUSTODY 7>? ? ° PETITION FOR CONTEMPT AND MODIFICATION OF EXISTING CUS'I 0QV ORDER AND NOW, comes the Plaintiff, Brenna Kernan, by and through her attorney Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC who files this Petition for Contempt and Modification of Existing Custody Order and avers as follows: Plaintiff is Brenna Kernan, hereafter referred to as Mother who currently resides at 31 Hedi Ter, Camp Hill, Cumberland County, Pennsylvania 17011 2. Defendant is Dontrey P. Laster, hereafter referred to as Father who currently resides in 722 Cumberland Point Cir., Mechanicsburg, Cumberland County, Pennsylvania 17055. Parties are the parents of one minor child, Cayden D. Laster, born May 21, 2005. 4. The parties executed a Custody Stipulation on December 29, 2010. On February 24, 2011 an Order of Court was entered giving Mother primary physical custody and Father partial physical custody, along with Mother and Father having shared legal custody in accordance with the parties Custody Stipulation. 6. Father's periods of partial custody are on alternating weekend from Friday at 6:30PM until Sunday at 6:OOPM. 70. v11Pty Jkl C"1660 ?? X575 1? 7. Since the time of the Stipulation being in effect, Father has left the minor child home with his girlfriend's minor son on multiple occasions, along with his girlfriend's nine years old twin boys and one year old daughter. 8. While the minor child was left home at night on Friday, March 25, 2011 and Father was out a bar, the police did a welfare check at 3:OOAM, finding the minor child still awake and unattended by any adults. Also in the residence were the children identified in ¶ 7. 9. Additionally, the following night Father went out to the bar again however, this time his girlfriend remained at home with the minor child. 10. Father is in violation of Paragraph #9 of the Custody Stipulation, "Additionally, neither parent shall be under the influence of alcohol while they have custody of the minor child." 11. Paragraph #9 of the Custody Stipulation also states that the parties shall ensure, to the extent possible that no other person shall be under the influence of alcohol. 12. It is believed and therefore averred that Father is not fit to have physical custody of minor child with the above-reference actions. 13. Further, it is believed and therefore averred that the minor child has been prohibited from contacting Mother during Father's period of partial custody when he is left alone with the other children. 14. On February 12, 2011, the minor child was scheduled for baseball evaluation and basketball practice but refused and/or failed to take him to either. 15. Based on the foregoing Mother believes it is in the child's best interest for her to have sole custody of the minor child until a Custody Conciliation Conference and Modification to the Custody Order. WHEREFORE, Plaintiff, Brenna Kernan, respectfully request this Honorable Court enter an Order finding Father in contempt, awarding her sole physical custody of the minor child, award her reasonable attorney's fees and schedule a Conciliation Conference. Respectfully Submitted, Date: 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Attorney for Plaintiff Dethlefs-Pykosh Law Group, LLC APR-05-2011 TUE 01:29 PM MISTRAWBERRY SQR VERIFICATION FAX:7172145477 P,001 I, RRENNA KCRNAN, verify that the statements made in the foregoing Petition for Modification of Existing Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities- l-{ -,:5 - 'U l 1 81RENNA RERNAN DA'Z'E BRENNA KERNAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA c ` X- rn r= -n V. 2008-1018 CIVIL ACTION LAW tnr- te r r-• .xr= oa r --z CD =° DONTREY P. LASTER IN CUSTODY _ C )-n , ? DEFF,NDANT = •• -rte ORDER OF COURT AND NOW, Friday, April 08, 2011 , upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 20, 2011 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, 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/ Hubert X. Gilroy, 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 ?_?-y? ??f !! ?rr 0 32 South Bedford Street Carlisle, Pennsylvania 17013 64 Telephone (717) 249-3166 J r^ , BRENNA KERNAN, Plaintiff V. DONTREY P. LASTER, Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2008-1018 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF OF CUSTODY ORDER OF COURT J AND NOW, this 14 day of February,,2012, upon consideration of Plaintiff's Petition for Special Relief of Custody, a hearing on the Petition is scheduled for February t-1 ` , 2012 at { =1?: +? in Courtroom Number 6 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. PLAINTIFF shall effectuate service upon Defendant. Proof of service shall be filed prior to the time of the hearing. The sole issue of the conference is the current and immediate health and well- being of the child. All other custody issues shall be referred to a Custody Conciliator. Distribution List: ? Melanie L. Erb, Esq. Dethlefs-Pykosh Law Group 2132 Market Street Camp Hill, PA 17011 For Plaintiff Dontrey P. Laster 611 Cumberland Pointe Circle Mechanicsburg, PA 17055 Defendant pro se c? BY THE c z? Thom A Placey C.P.3*° ao 1" "VM dCr 41M CQ CNTI an .'W' HLED -OFF Th PRD 1 HON ' IMi% f C. I 2012 FEB 17 AM 8'. 43 CUMBERLAND COUNTY PENNSYLVANIA Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merbg&dpl?law.com BRENNA KERNAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 2008-1018 DONTREY P. LASTER, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, by and through her attorney, Melanie L. Erb, Esquire, and the Dethlefs-Pykosh Law Group, LLC, who files this Motion for Continuance and avers as follows: Petitioner is Brenna Kernan, an adult individual who currently resides at 31 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent is Dontrey Laster, an adult individual who currently resides at 611 Cumberland Pointe Circle, Mechanicsburg, Pennsylvania. 3. A Petition for Special Relief was filed in this matter on February 10, 2012. 4. Petitioner received via mail on February 16, 2012, an Order scheduling a hearing on February 17, 2012 at 11:15a.m. 5. Petitioner is unavailable for said hearing on that date and does not believe it would be possible to serve Respondent with Notice of the hearing prior to that time. 6. Under the current custody schedule, Respondent is not to have any period of visitation or partial physical custody until February 25, 2012. 7. For this reason Petitioner is requesting that the hearing be scheduled for the week of February 20th thru February 24th, 2012. WHEREFORE, Petitioner, Brenna Kernan, respectfully requests this Honorable Court enter an Order granting her request for a continuance in this matter and to reschedule the hearing. Respectfully Submitted, 7 Date: ?h ;J . r Attorney ID # 84445 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Attorney for Petitioner BRENNA KERNAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 2008-1018 DONTREY P. LASTER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the forgoing Motion for Continuance was served by first class mail upon the following: Dontrey Laster 611 Cumberland Pointe Circle Mechanicsburg, PA 17055 Defendant Karl Hildabrand, Esquire Nestico, Druby & Hildabrand, P.C. 840 East Chocolate Avenue Hershey, PA 17033 Attorney of Record for Defendant Date: r' e nie L. ,a-6 BRENNA KERNAN, Plaintiff V. DONTREY LASTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-1018 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Kindly file the Certificate of Service attached hereto with the corresponding Petition for Special Relief previously filed on February 10, 2012. ? N Respectfully Submitted, Date: ?j Mel . Erb Attorney ID # 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Attorney for Defendant D _j o , ?p 3M, CJ RE -?, C) - co BRENNA KERNAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 2008-1018 DONTREY P. LASTER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the forgoing Petition for Special Relief was served by first class mail upon the following: C Dontrey Laster Z ( M ..-. -ar 611 Cumberland Pointe Circle -<> 'i C3' cz, Mechanicsburg, PA 17055 Defendant C"') 3 - ;. CO °. Karl Hildabrand, Esquire w Nestico, Druby & Hildabrand, P.C. 840 East Chocolate Avenue Hershey, PA 17033 Attorney of Record for Defendant Date: el a , BRENNA KERNAN, Plaintiff V. DONTREY P. LASTER, Defendant eF"#*4 IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - LAW CIVIL ACTION NO: 2008-1018 IN CUSTODY ORDER OF COURT AND NOW, this 27th of February 2012, upon consideration of the Motion for I Continuance and review of the file, the hearing on the Petition for Special Relief is continued generally and will be rescheduled upon Plaintiff's service of the Petition on the Defendant. By the Court Thoma A. Placey C.P.J. Distribution List: VMelanie L. Erb, Esq. 2132 Market Street Camp Hill, PA 17011 For Plaintiff Karl Hildabrand, Esq. 840 East Chocolate Avenue Hershey, PA 17033 For Defendant ('cp; is evu, te44 ;1/> 7// a c ? ?=1 cry xm M = om t " D C--, o c7 X , - _.:... ., y ASK c BRENNA KERNAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 08-1018 DONTREY P. LASTER, CIVIL ACTION -LAW Defendant IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of , 2012, upon consideration of the F L.- within Petition to Withdraw as Counsel for Defendant, a Rule is hereby issued upon parties to the above action to show cause, if any they have, why the relief requested in said Petition should not be granted. Rule returnable Z days from the date of service. fA? TnOMB A. PiaCey J. Common teas Judge Distribution: Karl R. Hildabrand, Esquire, 840 E. Chocolate Avenue, Hershey, PA 17033, nu= Dontrey Laster, 722 Cumberland Point Circle, Mechanicsburg, PA 17055 = ? ' Melanie L. Erb, Esquire, 2132 Market Street, Camp Hill, PA 17011 c1 rte- COP .?1i6 11a "' --! c - 1 ?- 7z ?, CD - - BRENNA KERNAN, Plaintiff V. DONTREY P. LASTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2008-1018 : CIVIL ACTION - LAW : IN CUSTODY STIPULATED ORDER FOR CUSTODY 2012-. Maws-? AND NOW, this , the parties, BRENNA KERNAN ("Mother") and DONTREY P. LASTER ("Father"), having stipulated to the following provisions being made an Order of Court in response to the Petition for Special Relief filed February 10, 2012: Father's periods of partial physical custody as set forth in the previous completion of the anger management and parenting classes. Father shall be entitled to periods of partial physical custody from 12:00p.m. until 5:00p.m. on the Saturday and Sunday of his previously determined alternating weekends unless otherwise agreed to by the parties. 4. Upon the completion of parenting classes, on Father's next regularly scheduled weekend, he will have the minor child from Saturday at noon until Sunday at 5:00p.m. This same schedule will be followed for the next regularly scheduled weekend after that one as well. The third regularly scheduled weekend after Father's completion of his classes, the custody schedule outlined in the May 20, 2011 Order shall resume. V n i May 20, 2011 shall be modified to eliminate any overnight periods of partial custody until 5. Father shall continue and complete anger management classes as set forth above, if not completed prior to the completion of parenting classes. 6.. All other provisions set forth in the Order of May 20, 2011 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Stipulated Order for Custody the day and year first above written: WITNESS: Brenn rnan ? l ?' 1--, oi \ I, t iLS' Dontrey P. r i v' N3 ?'" C= (tea ?- 'BY THE COURT: IIafI e 14 1- 1da.„r-, Melon, e L Cr-h , Cop`,es rwu.le-i 124k, Tho4nas A. Plkey Common Pleas Judge ? t ,." \ ? .. ? BRENNA KERNAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-1018 DONTREY P. LASTER, CIVIL ACTION -LAW Defendant IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of k44?? , 2012, upon consideration of the within Petition to Withdraw as Counsel for Defendant, a Rule is hereby issued upon parties to the above action to show cause, if any they have, why the relief requested in said Petition should not be granted. Rule returnable 210 days from the date of service. Thonq°a A. PlaCey .I. Common Pleas Judge Distribution: Karl R. Hildabrand, Esquire, 840 E. Chocolate Avenue, Hershey, PA 17033, Dontrey Laster, 722 Cumberland Point Circle, Mechanicsburg, PA 17055 Melanie L. Erb, Esquire, 2132 Market Street, Camp Hill, PA 17011 BRENNA KERNAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2008-1018 CIVIL ACTION — LAW DONTREY P. LASTER, Defendant IN CUSTODY ORDER AND NOW THIS ( 5 da fela„,b , 2015, upon consideration of the attached Stipulated Order for Custody, it is hereby ordered and decreed that the terms of the Stipulated Order for Custody are hereby incorporated as if set forth in full herein. mos A y Corn on Pleas Judge LEL y Alcicsod._. Doo-iqz.e.y 1-4446c., /7/ ga =777 C BRENNA KERNAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2008-1018 CIVIL ACTION — LAW DONTREY P. LASTER, Defendant IN CUSTODY STIPULATED ORDER FOR CUSTODY �1 „ Jai/wavy(2®o5 AND NOW, this day of , 14, the parties, BRENNA KERNAN ("Mother") and DONTREY P. LASTER ("Father"), having stipulated to the following provisions being made an Order of Court: 1. All provisions set forth in all previous Orders of Court in this matter are hereby vacated. 2. The parties shall share legal custody of CAYDEN D. LASTER, born May 21, 2005. Both parents realize and appreciate that it is critical for the child's healthy development that he feel good about, and loving toward, both parents and that both parents play a major role in helping to achieve this goal. 3. The parties agree that major decisions concerning the child, including but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other's rights to shared legal custody of the child. Each party shall notify the other of any activity or circumstances concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with,him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 4. Mother shall continue to have primary physical custody of the child. 5. Father shall have periods of partial physical custody of the child from 10:00 a.m. until 5:00 p.m. on the Saturday and Sunday of his alternating weekends unless otherwise agreed to by the parties. 6. Summer. Each party shall be entitled to two (2) weeks of uninterrupted time in the summer. These weeks shall be non-consecutive and shall coincide with their weekend. Each party shall provide the other with thirty (30) days advance notice in writing of the vacation schedule. 7. Holidays. a. The parties shall share Christmas and Thanksgiving each year with the parties mutually agreeing to time each year. b. Easter: Father shall have the child each year from 10:00 a.m. until 5:00 p.m. c. Father shall have physical custody of the child each Father's Day from 10:00 a.m. until 5:00 p.m. and Mother shall have physical custody of the child each Mother's Day from 10:00 a.m. until 5:00 p.m. d. Child's Birthday: The parties shall share the child's birthday and will mutually agree to time each year. Unless otherwise agreed upon, if the child's birthday occurs during the week (Monday — Friday), Father shall have the child from 5:00 p.m. until 7:00 p.m. and shall provide all the transportation. If the child's birthday occurs on a Saturday or Sunday, the non-custodial parent shall have the child from 10:00 a.m. until 5:00 p.m. and shall provide all the transportation. e. The holiday schedule shall take precedence over the regular schedule. 8. Communication: All communication between the parties shall be civil, good natured and intended to serve the best interests of the child. Both parents shall provide the other with all applicable addresses and telephone numbers, including home, work and cell phone numbers. The parent having physical custody of the child shall ensure the other parent has reasonable telephone and e-mail privileges (if available and when the child becomes of age when he uses e-mail) with the child. 9. Transportation: The parties shall share transportation equally with the party beginning the period of physical custody providing transportation. It is agreed that both parties shall maintain valid drivers' license, vehicle insurance, and state inspections. It is also agreed that either party may ask for proof of this no more than two times per calendar year. 10. When Father has custody of the minor child, he shall not expose the minor child to smoking in the home or in a motor vehicle. Additionally, neither parent shall be under the influence of alcohol while they have custody of the minor child. The parties shall ensure, to the extent possible, that others in the presence of the child comply with this prohibition. 11. Based upon the current allergy situation for the minor child, it is directed that neither parent shall allow the child to be supervised or handled by a babysitter who is not an adult, except for situations where there are brief times where the parents must leave the home and could utilize a younger babysitter, which time shall be no more than one hour. 12. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall refrain from making derogatory comments about the other parent or his/her significant other in the presence of the child and, to the extent possible, shall not permit third parties to make such comments in the presence of the child, whether the child is sleeping or awake. 13. Each parent shall speak respectfully of the other whether or not it is believed the other reciprocates. Each parental figure shall refer to the other by the appropriate role name (i.e. mom, dad, etc.). Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 14. Relocation: The parties mutually agree that neither parent shall relocate more than fifty (50) miles from their current residences if such move would necessitate a change in the custody arrangement without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 15. Neither party shall travel with the minor child outside the Commonwealth of Pennsylvania for any reason without providing written notice to the other parent, along with an address and telephone number for where the child will be staying. 16. Modification: Any of the provisions of this Stipulation maybe modified or deleted upon mutual consent of the parents. The parents acknowledge circumstances may warrant a change in custodial periods and agree to work together to ensure the child is able to attend special family events, to attend activities in which the child is enrolled, etc. Absent a mutual agreement of the parties or further Order of Court, the above provisions shall be followed. 17. An Order of Court will be entered in accordance with the terms of this Stipulation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WITNESS: 0 Dontrey ' . L, ster