The URL can be used to link to this page

Home My WebLink About08-1354JERRY M. BURRALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 13 S5l CIVIL TERM TIFFANY T. FELKER, 1 Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, JERRY M. BURRALL, by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, JERRY M. BURRALL, is an adult individual with an address of 808 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, Tiffany T. Felker, is an adult individual with an address of 119 Merlin Court, Hummelstown, Dauphin County, Pennsylvania 17036. 3. The parties are the natural parents of one (1) child, namely, Cameron L. Felker, born December 1, 2005. 4. The Plaintiff seeks shared legal and shared physical custody of the following child: Name Present Address Date of Birth Age_ Cameron L. Felker 119 Merlin Court, December 1, 2005 2 years Hummelstown, PA The child was born out of wedlock. 5. The child is presently in the custody of Defendant, Tiffany T. Felker, 119 Merlin Court, Hummelstown, PA 17036 6. During the past 2 years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Tiffany T. Felker 119 Merlin Court Hummelstown, PA 12/01/05 - Present 7. The mother of the child is Tiffany T. Felker, currently residing at 119 Merlin Court, Hummelstown, Pennsylvania 17036. She is unmarried. 8. The father of the child is Jerry M. Burrall, currently residing at 808 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. He is married to Judy C. Burrall. 9. The Plaintiff desires shared legal and shared physical custody of the minor child, Cameron L. Felker. 10. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, Jerry M. Burrall, Plaintiff, respectfully requests that the parties be awarded shared physical custody and shared legal custody of Cameron L. Felker, as provided herein. Respectfully submitted, IRWIN & By: Marcu A. M ight, Esquire 60 Wes omfret Street Carlisle, ennsylvania 1 3-3222 (717) 249- Supreme Court I. D. No. 25476 Date: February 28, 2008 VERIFICATION I have read the statements made in the foregoing document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. JE Y M. BURRALL Date: rb 2$ , 2008 CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 29' day of February, 2008, a copy of the complaint was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Tiffany T. Felker 119 Merlin Court Hummelstown, PA 17036 IRWIN & A. Ajefight, I Esquire Coifit I.D. No: 5476 60 West Po fret Street Carlisle, PA 013 (717) 249-2353 Attorney for Jerry A Burrall L a ?o fJ O?.J -6s h c ?J 7 J' 7 l '1 C7 X5,-7 JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1354 CIVIL ACTION LAW TIFFANY T. FELKER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at--- _ 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 03, 2008 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/ Dawn S. Sunday, Esq. r? 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 7 * ?o s 11 S Z Z Wd 9- HVW OOOZ 301.j?Q-U311J :?_A 'APR I I =? JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1354 CIVIL ACTION LAW TIFFANY T. FELKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of Pt p i`t 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jerry M. Burrall, and the Mother, Tiffany T. Felker, shall have shared legal custody of Cameron L. Felker, born December 1, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the 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. 2. Pending the additional custody conciliation conference scheduled in this Order and further Order of this Court or agreement of the parties, the parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning April 4, 2008, from Friday between 5:30 p.m. and 6:00 p.m. through Sunday at 5:00 p.m. and, during the interim weeks, beginning Sunday, April 13, 2008, from Sunday between 5:30 p.m. and 6:00 p.m. through Monday between 5:30 p.m. and 6:00 p.m. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father. C. All exchanges of custody under this provision shall take place at the Wal-Mart store on Route 322. ?i?+i'?t ??SN?1?, ?fl :? ?a ? ? ??? e??z ?di ??s?-??fl31t? ? 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: the Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: the Thanksgiving holiday shall be divided into Segment A which shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day, and Segment B, which shall run from 9:00 a.m. until 7:00 p.m. on the Friday after Thanksgiving. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. C. Easter: the Easter holiday shall be divided into Segment A, which shall run from 9:00 a.m. until 7:00 p.m. on the Saturday before Easter, and Segment B, which shall run from 9:00 a.m. until 7:00 p.m. on Easter Sunday. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the summer vacation schedule. 4. During the summer each year, each parent shall be entitled to have custody of the Child for one (1) full week during the months of June, July and August upon providing at least sixty (60) days advance notice to the other parent. The parties shall schedule their vacation periods of custody under this provision non-consecutively and inclusive of that party's regular weekend period of custody. 5. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Friday, May 30, 2008 at 9:00 a.m. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at 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, cc: Marcus A. McKnight, Esquire - Counsel for Father Rex Bickley, Esquire - Counsel for Mother cc I P-S f77Z21 LCL y?,?lo8 JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1354 CIVIL ACTION LAW TIFFANY T. FELKER Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron L. Felker December 1, 2005 Mother 2. A custody conciliation conference was held on April 3, 2008 with the following individuals in attendance: the Father, Jerry M. Burrall, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Tiffany T. Felker, with her counsel, L. Rex Bickley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. r' 1&!'1 .3 1 , a ov F Date Dawn S. Sunday, Esqui Custody Conciliator JUN 0 62008,V ? JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1354 CIVIL ACTION LAW TIFFANY T. FELKER Defendant IN CUSTODY ORDER OF COURT JO\ AND NOW, this %k day of ?v h L 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 11, 2008, is vacated and replaced with this Order. 2. The Father, Jerry M. Burrall, and the Mother, Tiffany T. Felker, shall have shared legal custody of Cameron L. Felker, born December 1, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each parry shall notify the other of any activity or circumstance concerning the 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. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning April 4, 2008, from Friday between 5:30 p.m. and 6:00 p.m. through Sunday at 5:00 p.m. and, during the interim weeks, beginning Sunday, April 13, 2008, from Sunday between 5:30 p.m. and 6:00 p.m. through Monday between 5:30 p.m. and 6:00 p.m. Beginning in September 2008, the Father's alternating full weekend periods of custody shall be extended so that the period runs from Thursday between 5:30 p.m. and 6:00 p.m. through Sunday at 5:00 p.m., and the interim Sunday overnights shall remain the same. s B. The Mother shall have custody of the Child at all times not otherwise specified for the Father. on Route 322. C. All exchanges of custody under this provision shall take place at the Wal-Mart store 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: the Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: the Thanksgiving holiday shall be divided into Segment A which shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day, and Segment B, which shall run from 9:00 a.m. until 7:00 p.m. on the Friday after Thanksgiving. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. C. Easter: the Easter holiday shall be divided into Segment A, which shall run from 9:00 a.m. until 7:00 p.m. on the Saturday before Easter, and Segment B, which shall run from 9:00 a.m. until 7:00 p.m. on Easter Sunday. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the summer vacation schedule. 5. During the summer each year, each parent shall be entitled to have custody of the Child for one (1) full week during the months of June, July and August upon providing at least sixty (60) days advance notice to the other parent. The parties shall schedule their vacation periods of custody under this provision non-consecutively and inclusive of that party's regular weekend period of custody. 6. The Mother shall ensure that the Father has copies of the Child's medical insurance documents, cards and information. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at 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, M. L. Ebert, Jr. cc: Marcus A. McKnight, Esquire - Counsel for Father ,11L. Rex Bickley, Esquire - Counsel for Mother O-AD P I VS m 7t ltCL JERRY M. BURRALL Plaintiff vs. TIFFANY T. FELKER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1354 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron L. Felker December 1, 2005 Mother 2. A custody conciliation conference was held on May 30, 2008 with the following individuals in attendance: the Father, Jerry M. Burrall, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Tiffany T. Felker, with her counsel, L. Rex Bickley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IONVAWNN2d AiNnux, Z Z :E Wd I I Nnr 90OZ AdViONO+-iObd 3Hl 30 301:?(?-i13 JERRY M. BURRALL, Plaintiff/Petitioner V. TIFFANY T. FELKER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 1354 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff/Petitioner, JERRY M. BURRALL, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner, Jerry M. Burrall, is an adult individual with an address of 808 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Respondent, Tiffany T. Felker, is an adult individual with an address of 119 Merlin Court, Hummelstown, Dauphin County, Pennsylvania 17036. 3. The parties are the natural parents of one (1) child, namely, Cameron L. Felker, born December 1, 2005. 4. The parties are governed by Order of Court dated June 11, 2008 and signed by The Honorable M. L. Ebert, Jr. 5. The Respondent and her boyfriend have caused problems with custody exchanges between the parties. 6. The Respondent failed to give the Petitioner any advance notice of her period of vacation time with said minor child. 7. The Respondent has failed to abide by said Order of Court dated June 11, 2008. 8. The Petitioner desires a Custody Conciliation Conference to readdress these issues. 9. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, the Petitioner, Jerry M. Burrall, respectfully requests that a Custody Conciliation Conference be scheduled to address the issues as provided herein. Respectfully submitted, By: IRWIN & McKNIGHT M rcus A. cKnight, III, Esquire torney for laintiff P fret Street 64& .orfi Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: July 29, 2008 EXHIBIT "A" JUN 0 62008 JERRY M. BURRALL Plaintiff vs. TIFFANY T. FELKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1354 IN CUSTODY JUN 13 2008 ORDER OF COURT CIVIL ACTION LAW RECEIVED IRWIN & McKNIGHi LAW OFFICES AND NOW, this /1'4k- day of IJU -3e , 2008. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 11. 2008, is vacated and replaced with this Order. 2. The Father, Jerry M. Burrall, and the Mother, Tiffany T. Felker, shall have shared legal custody of Cameron L. Felker, born December 1, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the 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 233 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. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends. beginning April 4, 2008, from Friday between 5:30 p.m. and 6:00 p.m. through Sunday at 5:00 p.m. and. during the interim weeks. beginning Sunday, April 13. 2008. from Sunday between -5:30 p.m. and 6:00 p.m. through Monday between 5:30 p.m. and 6:00 p.m. Beginning in September 2008. the Father's alternating full weekend periods of custody shall be extended so that the period runs from Thursday between 5:30 p.m. and 6:00 p.m. through Sunday at 5:00 p.m.. and the interim Sunday overnights shall remain the same. . V the Father. on Route 322. B. The Mother shall have custody of the Child at all times not otherwise specified for C. All exchanges of custody under this provision shall take place at the Wal-Mart store 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: the Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B. which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years. the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custodv during Segment B. B. Thanksgiving: the Thanksgiving holiday shall be divided into Segment A which shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day, and Segment B, which shall run from 9:00 a.m. until 7:00 p.m. on the Friday after Thanksgiving. In even-numbered years, the Mother shall have custodv of the.Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. C. Easter: the Easter holiday shall be divided into Segment A, which shall run from 9:00 a.m. until 7:00 p.m. on the Saturday before Easter, and Segment B, which shall run from 9:00 a.m. until 7:00 p.m. on Easter Sunday. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years. the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's Dav/Father's Dav: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the summer vacation schedule. 5. During the summer each year, each parent shall be entitled to have custody of the Child for one (1) frill week during the months of June. July and August upon providing at least sixty (60) days advance notice to the other parent. The parties shall schedule their vacation periods of custody under this provision non-consecutively and inclusive of that party's regular weekend period of custody. 6. The Mother shall ensure that the Father has copies of the Child's medical insurance documents. cards and information. 7. Neither party shall do or say anything which may estrange the Child from the other parent. injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. . , . J 8. This Order is entered pursuant to an agreement of the parties at 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, W M. L. Ebert, Jr. J. cc: Marcus A. McKnight, Esquire - Counsel for Father L. Rex Bickley, Esquire - Counsel for Mother t :e:s; Y c+r: . v JERRY M. BURRALL Plaintiff vs. TIFFANY T. FELKER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1354 CIVIL ACTION LAVA' IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron L. Felker December 1. 2005 Mother 2. A custody conciliation conference was held on May 30. 2008 with the following individuals in attendance: the Father, Jerry M. Burrall, with his counsel, Marcus A. McKnight. III, Esquire. and the Mother, Tiffany T. Felker, with her counsel, L. Rex Bickley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday. Esquire J Custodv Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the petitioner in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the petitioner according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Date: July 29, 2008 r---l -, c c-4 W •4 ?-_ 7 i ? V" r JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIFFANY T. FELKER DEFENDANT 2008-1354 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, August 04, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda 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 ? ?.?? ? ? ?o r ? "? t , ,;,;.? ?. ??y ? ._ra P { t??yu? C` 3 .? ?_ ???3. t...1 ?? AUG 0 8 2008 JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1354 CIVIL ACTION LAW TIFFANY T. FELKER Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of y 0 1V , 2008, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated June 11, 2008, shall continue in effect as modified by this Order. 2. The parties shall engage in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication to enable them to effectively co-parent their Child. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall follow the recommendations of the counselor as to the frequency and duration of counseling. The parties shall cooperate in scheduling sessions in a timely manner. 3. The Father shall have a vacation period of custody with the Child from August 24 through August 31, 2008 and the Mother shall have a period of vacation custody with the Child from August 10 through August 15, 2008. 4. The parties shall notify each other of scheduled vacation dates in writing at least thirty (30) days in advance. 5. Unless otherwise agreed between the parties, all exchanges of custody, with the exception of the holiday custody schedule, shall take place at 6:00 p.m. 6. The Father shall ensure that his mother is not present during custody exchanges and the Mother shall ensure that her father is not present during custody exchanges. Any other third parties accompanying either party during exchanges shall remain in the car. 5 7. The parties and their counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, October 7, 2008 at 9:00 a.m. for the purpose of reviewing the custody arrangements, if necessary. ?N?r't?St?}?? ???,?`w 1 ????? 2? ???? 8. This Order is entered pursuant to an agreement of the parties at 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, - ?k t ?-\ ,?& M. L. Ebert, Jr. J. cc: 7R cus A. McKnight, Esquire - Counsel for Fath er ex Bickley, Esquire - Counsel for Mother v JERRY M. BURRALL Plaintiff vs. TIFFANY T. FELKER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1354 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron L. Felker December 1, 2005 Mother/Father 2. A custody conciliation conference was held on August 4, 2008 with the following individuals in attendance: the Father, Jerry M. Burrall, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Tiffany T. Felker, with her counsel, L. Rex Bickley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Jajll Dates Dawn S. Sunday, Esquire Custody Conciliator J 'R jl? OCT 0 9 2000 JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1354 CIVIL ACTION LAW TIFFANY T. FELKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of C) L. 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending the custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the prior Orders of this Court dated August 12, 2008 and June 11, 2008 shall continue in effect as modified by this Order. 2. Provision 2 of the August 12, 2008 Order requiring that the parties participate in co- parenting counseling is suspended. 3. The parties and their counsel shall appear for a custody conciliation conference on Tuesday, January 6, 2009 at 12:00 noon in the office of the conciliator, Dawn S. Sunday. The purpose of the conference shall be to assess the parties' progress in establishing a co-parenting relationship and to review the custodial arrangements following the Father's receipt of his driver's license in December. 4. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. BY THE COURT, M. L. Ebert, Jr. J. cc: /Marcus A. McKnight, Esquire - Counsel for Father +-**'1L. Rex Bickley, Esquire - Counsel for Mother Cores m vc Lcl /'o/tv /08 i G=`:-! ,', „, { i {',.. ??. ;? , t? .;..;,- , ?;t ? ?l ,' r-.... 14W t JERRY M. BURRALL Plaintiff vs. TIFFANY T. FELKER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1354 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron L. Felker December 1, 2005 Mother/Father 2. A custody conciliation conference was held on October 7, 2008, with the following individuals in attendance: the Father, Jerry M. Burrall, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Tiffany T. Felker. The Mother's counsel, L. Rex Bickley, Esquire, was not present for the conference. 3. The parties agreed to entry of an Order in the form as attached. OcM,,A -7 ?-cv Date Dawn S. Sunday, Esquire Custody Conciliator JERRY M. BURRALL Plaintiff vs. TIFFANY T. FELKER Defendant r+ nn±>n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1354 CIVIL ACTION LANV IN CUSTODY ORDER OF COURT -tti AND NOW, this 1 I day of To h J a.r 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Father, Jerry M. Burrall, and the Mother, Tiffany T. Felker, shall have shared legal custody of Cameron L. Felker, born December 1, 2003. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt: to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the 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. The parties shall have physical custody of the Child in accordance with the following schedule: A. During alternating weeks, beginning January 14, 2009, the Father shall have custody of the Child from Wednesday at 6:00 p.m. through Sunday at 6:00 p.m. The Father shall ensure that the Child attends daycare on every weekday during his periods of custody. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father. C. All exchanges of custody under this provision shall take place at the Wendy's on Route 322. h'eN11,15"4Cc , f1C` n .. €INI Za -.S WV £ 1 NVr- 6001 Oil i", 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26, at 12:00 noon. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A which shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day, and Segment B, which shall run from 9:00 a.m. until 7:00 p.m. on the Friday after Thanksgiving. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from 9:00 a.m. until 7:00 p.m. on the Saturday before Easter, and Segment B, which shall run from 9:00 a.m. until 7:00 p.m. on Easter Sunday. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the summer vacation schedule. 5. During the summer each year, each parent shall be entitled to have custody of the Child for one (1) week during the months of June, July and August upon providing at least sixty (60) days advance notice to the other parent. The parties shall schedule their vacation periods of custody under this provision non-consecutively and inclusive of that party's regular weekend period of custody. 6. By March 1, 2009, both parties shall provide a separate bedroom for the Child in his or her residence. 7. The Father shall have custody of the Child on September 18 and September 19, 2009 so that the Child can participate as flower girl in her paternal uncle's wedding. The parties shall cooperate in scheduling make-up times for the Mother if requested by the Mother. 8. The Father shall make arrangements to have random drug testing through his employer no less than on a monthly basis. The Father shall provide the results promptly to the Mother in writing through counsel initially until such time as the parties agree to provide/receive the drug test results directly between themselves. 9. The Mother shall contact the Child's daycare as soon as possible to add the Father's name to the Child care providers list so that the Father can drop off and pick up the Child at daycare during his periods of custody. 10. The parties agree that the modification to the partial custody schedule in this Order shall not constitute a basis for a change in the Child support arrangements. 11. The Mother shall ensure that the Father has copies of the Child's medical insurance documents, cards and information on an ongoing basis. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. This Order is entered pursuant to an agreement of the parties at 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, I*k 1, ?A- M. L. Ebert, Jr. (11c: ?arcus A. McKnight, Esquire - Counsel for Father L. Rex Bickley, Esquire - Counsel for Mother 2s mz1.iLt") ?L 3`Oq r a JERRY M. BURRALL Plaintiff vs. TIFFANY T. FELKER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1354 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron L. Felker December 1, 2005 Mother/Father 2. A custody conciliation conference was held on January 6, 2009, with the following individuals in attendance: the Father, Jerry M. Burrall, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Tiffany T. Felker, with her counsel, L. Rex Bickley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. v? (1 d-00 g Date Dawn S. Sunday, Esquire Custody Conciliator JERRY M. BURRALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 -1354 CIVIL TERM TIFFANY T. FELKER, Defendant/Respondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff/Petitioner, JERRY M. BURRALL, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner, Jerry M. Burrall, is an adult individual with an address of 808 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Respondent, Tiffany T. Felker, is an adult individual whose last known address was 119 Merlin Court, Hummelstown, Dauphin County, Pennsylvania 17036. 3. The parties are the natural parents of one (1) child, namely, Cameron L. Felker, born December 1, 2005. 4. The parties are governed by Order of Court dated January 12, 2009 and signed by The Honorable M. L. Ebert, Jr. 5. On Wedesday, March 11, 2009, during exchange of custody, the Respondent lost control of her emotions, yelling and screaming, and in her uncontrolled rage, slammed the vehicle door against the minor child's head as well as bruising the Petitioner's shoulder. 6. The Petitioner is in fear of the Respondent's uncontrolled rage when in contact with the minor child. The Respondent is bi-polar and may not be on her prescribed medication. 7. The Petitioner desires primary physical custody of the minor child with periods of temporary physical custody to Respondent as the parties can agree, or in the alternative, additional scheduled time with the minor child. 8. The Petitioner desires a Custody Conciliation Conference to address these issues. 9. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, the Petitioner, Jerry M. Burrall, respectfully requests that a Custody Conciliation Conference be scheduled to address the issues as provided herein. Respectfully submitted, IRWIN & NYKNIGHT, P.C. By: Mar(#s A. M ig t, III, Esquire Atto ey for Plqjnjiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: March 12, 2009 EXHIBIT "A" •? JAN 0 9 mqp c JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-1354 CIVIL ACTION LAW TIFFANY T. FELKER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Custody Conciliation Report, it is or red and directed as follows: 1. All prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Father. Jerry M. Burrall, and the Mother, Tiffany T. Felker, shall have shared legal custodv of Cameron L. Felker, born December 1, 2003. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Dav 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. 55309, 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. The parties shall have physical custody of the Child in accordance ?yith the following schedule: A. Durina alternating weeks. beginning January 14. 2009. the Father shall have custody of the Child from Wednesday at 6:00 p.m. through Sunday at 6:00 p.m. The Father shall ensure that the Child attends davcare on every weekday during his periods of custody. B. The Mother shall have custodv of the Child at all times not other'vyise specified for the Father. C. All exchanges of custody under this provision shall take place at the Wendy's on Route 322. CEIlf) V. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A. which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon. and Segment B. which shall run from Christmas Day at 12:00 noon through December 26, at 12:00 noon. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A which shall run from 9:00 a.m. until 7:00 p.m. on Thanksgiving Day, and Segment B. which shall run from 9:00 a.m. until 7:00 p.m. on the Friday after Thanksgiving. In even-numbered years. the Mother shall have custody of the Child during Segment A and the Father shall have custodv during Segment B. In odd-numbered years. the Father shall have custody of the Child during Segment A 'and the Mother shall have custodv during Segment B. C. Easter: The Easter holiday shall be divided into Segment A. which shall run from 9:00 a.m. until 7:00 p.m. on the Saturday before Easter, and Segment B. which shall run from 9:00 a.m. until 7:00 p.m. on Easter Sunday. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custodv during Segment B. D. Mother's Dav/Father's Dav: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the summer vacation schedule. ?. During the summer each year. each parent shall be entitled to have custody of the Child for one (1) week during the months of June. July and August upon providing at least sixtv (60) davs advance notice to the other parent. The parties shall schedule their vacation periods of custody under this provision non-consecutively and inclusive of that party's regular weekend period of custodv. 6. By March 1. 2009, both parties shall provide a separate bedroom for the Child in his or her residence. 7. The Father shall have custody of the Child on September IS and September 19, 2009 so that the Child can participate as flower girl in her paternal uncle's wedding. The parties shall cooperate in schedulinu make-up times for the Mother if requested by the Mother. 8. The Father shall make arrangements to have random druu, testing through his employer no less than on a monthly basis. The Father shall provide the results promptly to the ylother in writinu through counsel initially until such time as the parties agree to pro%iderreceive the drug test results directly between themselves. 9. The Mother shall contact the Child's dav_ care as soon as possible to add the Father's name to the Child care providers list so that the Father can drop off and pick up the Child at daycare during his periods of custody. 10. The parties agree that the modification to the partial custody schedule in this Order shall not constitute a basis for a change in the Child support arrangements. 11. The Mother shall ensure that the Father has copies of the Child's medical insurance documents, cards and information on an ongoing basis. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. This Order is entered pursuant to an agreement of the parties at 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. a"A_ . L. ert. Jr. cc: Marcus A. McKnight, Esquire - Counsel for Father L. Rex Bickley, Esquire - Counsel for Mother l 1 ' JERRY M. BURRALL Plaintiff vs. TIFFANY T. FELKER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1351 CIVIL ACTION LAS' IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron L. Felker December 1. 2005 Mother/Father 2. A custody conciliation conference was held on January 6, 2009. with the following individuals in attendance: the Father, Jerrv M. Burrall. with his counsel, Marcus A. McKnight, III. Esquire, and the Mother.. Tiffany T. Felker, with her counsel. L. Res Bickley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. i u t is c Date) Dawn S. Sunday. /Esquire " Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. M.BURRALL Date: -? , 2009 JERRY M. BURRALL, Plaintiff/Petitioner V. TIFFANY T. FELKER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008-1354 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: L. Rex Bickley, Esq. 114 South Street Harrisburg, PA 17101 IRWIN & Mc IGHT, P.C. By: arc A. McKnight, III, squire Wst Pomfret Street Car' e, PA 17013 (717) 24 - 3 Supreme Court I. Date: March 13, 2009 ?, 1 WN, JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIFFANY T. FELKER DEFENDANT • 2008-1354 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 15, 2009 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/ Daum S. Sunda 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 om g u *1 i qno 90 ;0 14d 61 NVW 60OZ { • APR 7 20Q9U? JERRY M. BURRALL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1354 CIVIL ACTION LAW TIFFANY T. FELKER Defendant IN CUSTODY ORDER OF COURT { AND NOW, this ILI day of Dtor'\ , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated January 12, 2009 shall continue in effect as modified by this Order. 2. Paragraph 3A of the January 12, 2009 Order is vacated and replaced with the following: A. During alternating weeks, the Father shall have custody of the Child from Wednesday, when the Father shall pick up the Child at daycare, through Monday morning, when the Father shall transport the Child to daycare. The Father shall ensure that the Child attends daycare on every weekday during his periods of custody. 3. This Order is entered pursuant to an agreement of the parties at 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, ?o' / M. L. Ebert, Jr. cc: " Marcus A. McKnight, III, Esquire - Counsel for Father L. Rex Bickley, Esquire - Counsel for Mother Co F t -ES r^4'7 t 'Y,2 rl v 5 ? Z •Q! HV ! Z M 60oz l le,Nr ,'t'_ t 3 1? . 11 JERRY M. BURRALL Plaintiff VS. TIFFANY T. FELKER Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1354 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cameron L. Felker December 1, 2005 Mother/Father 2. A custody conciliation conference was held on April 15, 2009, with the following individuals in attendance: the Father, Jerry M. Burrall, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Tiffany T. Felker, who appeared at the conference without counsel. 3. The parties agreed to entry of an Order in the form as attached. 6IL14 tr a?9 Date aS6?? C'? Dawn S. Sunday, Esquire Custody Conciliator ' ~. .~ i LAW OFFICES OF DILS &DILS DIANF, M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Defendant, Tiffany T. Felker JERRY M. BURRALL, Plaintiff vs. I~IFFANY ~I~. PECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P1?NNSYLVANIA NO. 2008-1354 Civil Term CIVIL ACTION -LAW IN CUSTODY COMPLAINT TO MODIFY CUSTODY AND PETITION FOR CIVIL DISOBEDIENCE OF CUSTODY ORDER AND NOW, this 19`h of October, 2012, comes the Defendant, Tiffany T. Felker, by her attorney, Diane M. Dils, Esquire, and respectfully requests the following: 1. The Defendant, Tiffany T. Felker, is an adult individual currently residing at 2906 Chesterbrook Court, No. 604, Camp Hill, Cumberland County, Pennsylvania 1701 1. -~~83~~~~ a~ ~~ a~ i~~ ~ 2. The Plaintiff, Jerry M. Burrall, is an adult individual currently residing at 808 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The Plaintiff and Defendant are the parents of one child; namely, Cameron Lynn Felker, born December 1, ?003. 4. Attached hereto and. marked Exhibit "A" is an Order of Court dated January 12, 2009 setting forth the current custodial arrangements for the minor child. 5. Simultaneously with the filing of this Complaint to Modify and Petition for Civil Disobedience, Defendant has filed an emergency petition requesting supervised visitation between Plaintiff and the minor child until such time as Plaintiff enters and successfully completes rehabilitation for his substance abuse issues. 6. Pursuant to the Order dated January 12, 2009 specifically Paragraph 6, Plaintiff was to provide a separate bedroom for the minor child, and Defendant believes that he has failed to do so. ?. Pursuant to the Order dated January 12, 2009 specifically paragraph 8, Defendant has requested on numerous occasions over the past several months that Plaintiff submit and provide drug test results. 8. Plaintiff has refused to obtain. said drug testing. 9. It is believed that Plaintiff has an issue with prescription medication and alcohol. l 0. Defendant filed a PF'A against Plaintiff on September 17, 2012, at which time, a temporary Order was entered for the protection of both Mother and the minor child. 1 1. However, at the time of the scheduled hearing, an agreed Order was entered on September 26, 2015, without a hearing, for the protection of Mother only. There was no testimony taken as to the physical abuse against the minor child. See Exhibit "B" being a copy of said Order. 12. Mother had been informed that the physical abuse against the child is a custody issue. 13. Mother believes it is in the best interest of the minor child that the Plaintiff/F'ather's partial custodial rights be modified to supervised visitation in the home of his parents, where he resides, with no overnights, at this time. 14. Plaintiff is well aware of the provisions of the Order dated .iar~uary 12, 2009, but has willfully violated said Order as set forth above. 15. Defendant has been required to expend counsel fees and. costs to file this pleading and will be required to expend additional counsel fees and costs in connection with the Plaintiff's failure to comply with the Order dated January 12, 2009. 16. Defendant respectfi~lly requests that the Plaintiff be required to pay Defendant's counsel fees and costs. WHEREFORE, Defendant, Tiffany T. Felker, respectfully prays Your Honorable Court to find the Plaintiff, Jerry M. Burrall, in contempt of the Order dated January 12, 2009, and to Order payment of counsel fees and costs, and to modify the Order suspending all overnights but granting the Father supervised visitation in the home of his parents, his current address, every other weekend on Saturdays and Sundays. Respectfully submitted, ~.: iane M. ails, Esquire 1400 North Second Street. Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Plaintitf~ ~. I7e~•endant ___ SAGE d"-''~_' IAN ~ 9 20Q9 IN Tip COUR-T OF COMMON PL~,AS 01` t~tML3E~.ANL) COUNTY, PEN?~1SYLVANIA 200$135=t CIVII. ACTION LA'v~' 1N CUSTOI?Y ORDER OF COURT AND tiC)~~'. :his ____~~- day Ut• __ 30U9, t~pur, ~~ons~ider~a;cr. of they attached Custody Conciiiatioz~ Report, it is orde ed and directed as t~ollo~~~s- '~1! prior Orders of this Cotits~t in this matter are vacated and replaced with. thi> Order. _. i~l~e k=ather, Jci7y M. Burrall. and the Mother, Tiffany Y. Felker, shall have shared legal ~_ustod~~ of Cameron L. Felker, born D+~cember 1, 2003. Maior decisions coneernin~ the Child nciudin~. but pat necessarily limited to. her health, welfare, education, religious training and ~,~pr~rin<~in~~ shall be ~`nade jointly by the parties aver discussion and consultation with a vie~t~ toward obtainin« ar,d following a harnzonious pol,cy in the Child's best interest, Neither party shall impair the ~h~°r party•s rights to shared lee~al custody of the Child. Neither party shall atterlpt to alienate the ~i~t'ectio~ls c~ 'he Child frarrt the other patty, Each party sk~all notixy the other of any activity or ~;rcumstZnc~ coz;etrzlin~ the Child that could reasonably be expected to be of coz7cern tc~ tl~e other. ~:~:~~ t~~ `,a,, dcc.isl.~ns shall be the responsibility of the parent then having physical custody. With i "and ~ art,, ~t:°,er2~ncy decisions which must bz made, the parent having physical custody of the Ci'~i;d at t'~e ?i;~e oi~ the er~er~ency shall he permitted to make azzy immediate decisions necessitated [h~rebv Hcwever_ that parent shall infonxt the other of the emergexrcy and consult with ~rl az her as ,~c~,, as po sibJe. In accordance with 2~ Pa.C.S.A. ~~309. each party shall be entitled rc~ con2plete ancf I't.!1 ~~,ntornlation tr~~m any doctor. dentist, teacher, proi'essional or autlzorit~~ grad ro ha~~~, -;;pies of an~~ ~~~ ~~~rr,s or inf•~nr~a'iozl ~~i<<e~~ to either party as a parent as authorized by statute. Tie a~~~~t-ins shall have physical custody' of the Child ;z~ accordance ~~-~ith ~:h~ fo(loti~in~ ~c!1cc';~~ile <,l. Durit~~ alternating uveeks beginni.n~ ,lanuary l ~, ?009, the Father si~tal! tla~e custod~~ ~~_ (~hF> Child -"nom "~Ved~~esday at 6:00 p,m. through 5undav at 6:00 p.i~n. 'Ilre Father shall ensttrt that ire Chid atte~.~ds da.~cai~c on every weekda~~ durin~~ his periods ofcustod}~. Cam. the Moti:er shall have ~ustod~~ oP the. Child. at all tines aunt other~vis~ spc~itlcd for ti,~ r~athc;. -. -elf e~.chan~es ot~ custod. under this ~ro~~isiun :>i~ull take Plac:~: at 'IZ~ ~a. ~ndv's ot, Xf~i,~i~"~" - - i ~~,-,-~~,~u_ ~ F';4GE ~ ~~~ ~ _ . , _ . _ _ of°,~ _ _ _~_ ~_ T ~.e ,parties shay, share or alternate having ,~u~stod:> ~_~f the Claud on holidays as follows: ~_ Christmas' The Chris~:rnas holiday shall be di~~ided isato Segment A, w}rich shall run ~, ~m C}~istr~~.za~ Eve at ] 2:00 zzoon though Christmas Day at I2:00 noon, anal Ses~zneraz B, which shall rt~n f~rc~m C~ristrnas Day at 12:40 noon thxough December 26, at i2:OQ noon. Ira even-nurztbered years. r}1e Fat}~er steal'.. have custody of the Chile during Segment A and the Mother shall have custody during Segment B In odd-numbered years, the Mother shall have custody of the Child during Seon~ent A and :h~ Father ~}~a1[ nave custody during Segment ~. i~ ThanksQivin~; Tlae Thaztksgiving holiday shall be divided into Segment A ~~hich h11i r~.;~. t~:~'orn `~C10 a.na. until 700 p.m. on Tlaar~sgiviz~g Day. and Szgznent I3, which shall run frotz~ -~~0 a.n:. L::Ytil -;'~;)0 p.m. ot~ the Friday at=tex Thanksgiving. In even-numbered years. the tvlother shall 1~a~.e ct.tsto~~y of the Child during Segrxzertt A and the ~'athez shall. have custody during Segment B. 1t~ od,~-nt,rnbered years. the Father shall have custody of the Claild during ~egnaent A and the Moth<<~ '.tall i,a1~e cuStoCti~ during Segment ~, C: Easter. The ,Easter holiday shall be divided Into Segment .4. ~a:l~tich ~;lZ~tll run t~z'on: ~fl'~ ~:.m until x:00 p.rn_ orl the Saturday before Easter, and Segment B, which shall ru,r, from 900 .:.m_ until 7~0O p rA~. on Faster Sunday. In even-numbered ,yeazs, the Motb.er shall l,aave custod• cal tlh: child d~.tnn, Segment A and the Father shall have custody dtzrizt; Szgznent l3. Irz odd-,lumt~ered y~~~5_ ih: r_a17er shall have custod}~ of the Child during Segment .A azld t11e Mother shall have custiodv during St~~na~.;t i~. D. Mother's Dav/k~ather~s Dav: In every year. the Mother shall have custod}• of thu ~:: i;;,d or, M~~th~:', Da}~ and the Father shall have custody of tine Child on Fatlaer~s ~a~ i~ron~~ ~):UO a.m. c The holiday custody scl~.edule shall supersede and take precedence ever- :he re~?ular __:.~,r~.~,dti ~.:crec;t,le azld the summer vacation schedule, D~_~rin~ t!Ze summer each year. each paz'ent shall be entitled to have custody of ':he. Child for -,n~ ~~, 1 ~~, ~.~-eeti during the months of Juz7e, July and August upon providing at leas~~t si~a~~ (60) days .~,~~ ante notice to the other parent• The parties shall schedule their vacation periods ot` cust~dv under -„~: ~ l~>rovision non-c:~tasecutively and inclusive of that party's regular weekend period of w~ustod~~. ~~.. ~~~ tita~_ia t. ?009, both parties shall provide: a separate bedzoom for thz Child n '.pis or her ~C~~~;nce %. T'~e E~ather shall havw ~Listody ok t.kre Child on September 15 and 5epterzaber ; c-. ~U09 so that ~i~~~ C~~ild can t~articipate as t~owet~ ~~ir[ in her paternal uncles w~eddinu~. The parties sha,i cc~e~perate in ~.;:'~,~~±~_~{ir1l~ ~-Hake-uh runes far tkre Mother if zegaested by the ~lothet~, 4 ? hc' 1 atrer Shall make arran4~emenis to have random drug, testtt~~.? ihrou~~h hls ernc~love: no _,,:= -1 r+n c~~n a ,~,onthl}~ basis. The Father sY.all provide the results promptly to the Motl,~r it writing t;~rc~•.~~gh co~_tr:sel i.~itially until such time as the parties a<?ree tv prr~ti~idelrece:i~~e t1~e crud test results _~:r~~~.1v betwe~",~ themselves. ,~ Thy r~}other shall contact the Child"s daycare as noun as possible to add thc~ E~ather~5 nar~ae [o ,!-~., Childcare providers list sc~ that the Father can drop off grad pick erl.~ the Chiles at dZVCrt!•e ~~t.s'in~~ his ~~~~-.~:~ds of :t, -.., ~Fa`~+"~~'NSf~CIETYHILL PAGE ~3,'~3 it 0 ^ n r~ rv In~9!J 9l I G. The parties agree that tlae modx£aeation to the partial custody schedule ire this Order shall not constitute a basis for a change in the Child support arra.rz~erraents. 31 The Mother shall ensure that the Father has copies of the Child's z~~tedzcal insurance documents. cards and intornaation on ara ~ongoirtg basis. 1?. Neither party shall do or say anything which may estrange the Child from the other parent. inii~re the opinion, of the Child as to the other parent, or haxnpe~~ the £ree and natural developmezat of the Child's love ~7nd respect f'or the od7er part~nt. Bath parties shall ensure that third parties having contact with tl~e ChiI~J comply with this provision. 1.3 This Oz~der is entered puzsu~titt to az1 agreement o#' the parti~5 nt a custod}~ conciliatiozti ~;onference. The parties may modify the provisiQrzs of this Order by mutual consent. In the abs~*nce of .T~ttttial ~~on,er_,t, tlae terms ~~~this Order shall contzol. B`~ TI-lE COURT, M. L. E rt. Jr. J. ~c ivi.arcu; .A. McKrzibht, Esquire - Counsel for Fathex L. 1Zex L~icltley. Esquire -Counsel for Mother an 't:. M. :~;;~a~r~t~,1 ~tvre ~~~ ~~~ rrt~ ;one 4:.rw; x?i.: ~,., ~ ~~~ ~w~;~ Cau at Ca~i~<.:~~, Pa. r~~ .,.~ ~3e3V `~ Y».. Fl''VAL PROTECTION IN THE COURT OF COMMON PLEAS Oh ~:~U'vIBERLAND FROM ABUSE ORDER COUI~TTY, PENNSYLVANIA E.~tended Order ~ Amended Order NO. 2012-5772 i. PLAINTIF} ~ Tiffany T Felker ~3i13/1982 hirs: Middle Last Suffix 1'lantift i)tJB `:amc(sl ci ;~;I prolecled persons, including minor childlren and DO[3. Tiffany T Felker 4!131:1982 Cameron L~'nn Felker 12/1/2005 V. DEFENDANT Jerre Michael Burrall First Middle Last 5ui1i~ UeYrndant's Addre~:>: 80~ Bosler :~s enue Lemo~~ne Y:1 10-13 CAL"f10N: ^ ~1~e;ip~,n Jn'-ol~ e~+, ^ 10~eapun 1'CCj~[it on the Propem~ ~~1 : IPrn ~)r,irn'd Kclinquished DEFENDANT IDENTIFIERS DOB 6/x/198 2 HE;GHT 5 ft. 8 in. SEX Male WEIGHT 160 kACE White ' EYI S Haze] HAIR _ Broµn S SN ---- ------ --, DRIVERS' 1CENSE ~ ~ ~~ EXP DATE _^_ -- - T^V STATE -1--- I'he Court: Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant has been pru~ id:~ ~~ it ~ reasonable noli~z :Ind opport~u:it)~ to be heard. 7~he Court Hereb~° Orders; U~~tendant s'.t~.11 not abuse. harass. stalk or threaten any of the above persons in any place ~~~here the~~ might be fo~m~.1. F-scrpt as provided .n paragraph ~ of this order. Defendant shall not contact Plaintiff. or an~~ other person protc~~teJ ~Ld.,r hip order. L} tel~°phot~e or b~~ am~ other means, including through third persons. :~.~:diti~ul,.~ tl~~.~ing= ~~~f this order are set fot-th belo~s~. Order i~ffecti~e llnre Order Expiration Date 1~o~s- NOTICE TO THE DEFENDANT '~~iOL,A~i:UN Ut THIS ORDER b~L1Y RESULT llU YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT i,VHICH IS PUNISHABLE ti`-. A FINE OF UP t U ~ i Avu AND,OR A .TAIL SENTENCE OF UP'(0 SIX MONTHS. 23 PAC.S.A. 61 14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION ANll CRIMINAL PL[NAL~C:ES UNDER "fHE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PER2v1fT. ',1 i11~ ~~ `.~iLL RfQI.'lblc THE IMMEDIATE RE1_INQUISHMENT OF YOOR FIREARMS, OTHER WEAPONS AND AMMUNITION T01'HE SHER!i~F PLAINTIFF'S ~ '~~E':' 1 ~~ COV'TA~"'' !il" DF}`cNDAN"t SHALL :NOT INVALIDATE ;HIS ORDER WHICH CAN ONLY BE MODIFIED BY FGRTHER ORDLk~, t IF _OJRT 2 ~ Pa CS A TliiS URlliiR iS E'JFORCEABLE IN ALL FIFTY' (i0) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE CUMMO~VWEALTH OF Pl i_i~".0 .T'CO L'NDER "i HE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~?265. ]F YOU TRAVEL OUTSIDE OF THE STATE AND 1NTENl']ORALLY VIOLATE PHIS ~KUER. 7'OU t`4.A1' B£ SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. l8 U.S C g~2261-?262. 1F 1'OU POSSESS :a FIR%ARM OR .4NT ~hlh1GNILON \1'HILE THIS ORDER IS 1N EFFECT, YOU MAY BE CHARGED WCCH A FEDERAL OFFENSE EVEN IF 7"HIS PENNSYLVAI~1~~. Oli'~:[ R vOFS NOT E:APktSSLY PRUHIBI' YOU FROM POSSESSING FIREARMS OR AMMiINITION. 18 U.S.C. ~922(g)(8) Plaintiff or Protected Person(s) is/are: ~ I spouse ar former spouse of Defendant [X~ parent of a child with Defendant [Xl current or former sexual or intimate partner with Defendant ~ ~ child of Plaintiff child of Defendant i ~ tamil~~ member related by blood (consanguinity) to Defendant ~ family member related by marriage or affinity to Defendant [ J sibling (person who shares parenthood) of Defendant Defendant ~i~as served in accordance with Pa. R.C.P. 1930.4 and provided notice of`the time, date and location of the hearing scheduled in this matter. ~~ppearances by Parties and/or Counsel: • Plaintiff appeared personally and is represented by: MidPenn Legal Services • Defendant appeared personally and is represented by: unknown wD Iy~OW, this 26th Day of September, 2012 the coul-t having jurisdiction ovex~~ the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follo~~~s: This order is entered by agreement without an admission. Without regard as to how the order ~~~as entered, this is a final order of court subject to full enforcement ~~~o~ scant to the Pz-otecuon From Abuse Act, 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that ~i~ould reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this order, Defendant is prohibited from ha~~~in~ ANY CONTACT ~~~ith Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiff s or other protected part~,~'s school, business, or place of employment. 3. L~cept as provided in paragraph 4 of this o1°der, Defendant shall not contact P(air~tiff either directly or- indirectly, or any other person protected under this order, h,,,, Telephone or b~~ an~~ other means, including through third persons. -t. ~1 ~ ~ n porar~ ~~ ustody of the minor children: 1. C'ame~ron Lynn Felker sha!.I be as t~ollo~~~~s: -.i~-n-t~~f n ~. #~ sh ~ '~. ~~ I~her~ is a c~u~rert custody order as to the children of the parties: IN THE COURT OF CO~ti~IMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NQ. 2008- 1 Z;:t TH1S ORDER~SUPERSEDE~-ANY PRIOR ORDER RELATING TO CHILD CL"STODY~. ~. l~h~ ~~~~Ilo~~i i~1~ additional relief is grantE~d as authorized by §6108 of the Act: - Defendant shall not damage, destroy or dispose of, in any manner, any property ~»~~ned jointly by the parties or solely by Plaintiff. 6..~ cer~titied cop}~ of this Order shall be provided to the police department «~he.re Plaintiff resides and any other agency specified hereafter: Lo~~~er Allen Township Police Department 7.:11 provisions of this order shall expire in 3 years on September 26, 201. BY THE COURT ~~ Date Thomas A. Pla ey, Judge Entered pursuant to the consent of Plaintiff and Defendant: erry ael Burrall, Date Defendant h. !~ r x/i /w\J ~/ I\~C ~ ~ i~J/ J me Haley Date Attorney for Plaintiff MidPenn Legal Services 401 East Lauther Street Carlisle PA 17013 Distribution to: MidPenn Legal Services, Attorney for Plaintiff Jerry Michael Burrall, Pra Se Defendant Faxed and Mailed to PSP ,3 - ~: _ : _ h ~ __ ~~ r-:-, " ~, ~'.` .., - _ - ~~ - _.~ y c ~~ _~; F ~-- ~ +~ -. TRUE COPY PROM RECORD to Testimony whereof, I here unto set my hand and the??//se~ of said Court at~~r-i-isle, Pa. ~~ This .¢xZ.~. day of --.:=1~.c---~ 2~ --L=- Prothonotary VERIFICATION I verify that the statements made in this c~r~mT,AZT,T are true and correct. I understand that false statements herein are made subject to the penalties of 1$ PA. C.S. Section 4904 relating to unsworn falsification to authorities. k. ~ r` ~. ~ i~ V ~, Date: ~ ~ t ~ `I ~~ " ~ r~ CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint will be served upon Plaintiff; Jerry M. Burrall, 808 Bosler Avenue, Lemoyne, Pennsylvania 17043 by Pennsylvania State Constable and a Certificate of Service will be promptly filed. Respectfully submitted, ,,---F~ BY: z!~,~(~: Diane M. ils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 L,AVI-' OFFICES OF DILS &DILS DIANE M. DILS, ESQUIRE Attorney LD. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 1~elephone No. (717) 233-8743 Attorney for Petitioner, Tiffany T. Felker JERRY' M. BURRACL, Respondent vs. "TIFFANY T. PECKER, Petitioner IN THE COURT OF COMMON I'I,EAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1354 Civil Term CIVIL ACTION -LAW IN CUSTODY PETITION FOR EMERGENCY CUSTODY AND NOW, this 19t" of October, 2012, comes the Petitioner, Tiffany T. ~= elker, by her attorney, Diane M. Dils, Esquire, and respectfully requests the following:. 1. The Petitioner, Tiffany T. Felker, is an adult individual currently residing at 2906 Chesterbrook Court, No. 604, Camp Hill, Cumberland County, Pennsylvania 1701 1. 2. The Respondent, Jerry M. Burrall, is an adult individual currently residing at 808 Boller Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 ~. ~~~ ~? ~ a~ C~~ Ks/a ~2~ a ~a3a~ 3. The Respondent and Petitioner are the parents of one child; namely, Cameron Lynn Felker, born December 1, 2003. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated January 12, 2009 setting forth the current custodial arrangements for the minor child. 5. Simultaneously with the filing of this Petition for Emergency Relief, Petitioner has filed a Complaint to Modify and Petition for Civil Disobedience ~,. Petitioner filed a FFA against Kespondent on September 1 7, 2012, at which time, a temporary Order was entered for the protection of both Mother and the minor child. Respondent had no contact with his child from the entry of the temporary PFA Order until the week of~ October 17, 2012, when he began exercising his partial custodial rights. 7. However, at the time of the scheduled hearing, an agreed Order was entered on September 26, 20l 5, without a hearing, for the protection of Mother only. There was no testimony taken as to the physical abuse against the minor child. See Exhibit `B" being a copy oi' said Order. 8. Mother had been informed that the physical abuse against the child is a custody issue. 9. On September 9, 2012, the Respondent acted in a menacing manner when he got in Petitioner's face and threatened to kill her, and shoved her out of the house -his residence where he resides with his parents. On that same date, the minor child told your Petitioner that her father yelled, cursed and screamed at her, picked her up by the neck with both hands and shook her. Respondent's parents had to intercede to remove the Respondent away from his daughter. 10. Because there was no testimony taken at the time of the PFD hearing, there has been no finding of abuse upon the minor child. l l .The minor child is afraid of her father and is fearful to be in his custody. 12. The Respondent, in the past, has been involved with addiction to prescription medications and indulging in alcohol. Previously, he had entered rehab and had been doing well. 1 ~. The Respondent's recent erratic and violent behavior towards both your Petitioner and the minor child indicates that 11e has relapsed and is again indulging in either illegal substances or prescription medications and alcohol. 1 ~. Your Petitioner has requested drug testing by the Respondent as provided for in the Order dated January 12, 2009; however, the Respondent has refused. l5. Mother believes it is in the best interest of the minor child that the Respondent/Father's partial custodial rights be modified to supervised visitation in the home of his parents, where he resides, with no overnights, at this tune. WHEREFORE, Petitioner, Tiffany T. Felker, respecttizlly prays Your Honorable Court to grant the requested emergency relief and to modify the Order suspending all overnights but granting the Father supervised visitation in the home of his parents, his current address, every other weekend on Saturdays and Sundays from 10:00 a.m. until 6:00 p.m. commencing Saturday, November 3, 2012. Respectfully submitted, r .~,,. /,s~ , s~~~ ~1~~~ ~ ~q.. e'~ Diane 1V~:~`"Dils,~ squire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 ` 1E~? 1 ~ ,' 2!~1:' 11 : ~~~' ;°1,9?58851 .}LRRY vl_ Bl_~R}ZALL, Plaintiff 'JS.. i'I1=FAN~Y" T. I~~ELKER Derendant h~1r";DISON~UCIET'rF'ILL °~C~ ~-~~~ ~~~ ~ 9 2z~a9 IN TTrl1/ COU12T OP COtvIMO~ti I'LE,AS O~ CUMBERLAND COUNTY, PIiNNS~YLVANIA ?008~~35~t CIVIL ACTION I_AW IN CUSTODY ORDER OF COURT .~NT3 NO~~`, tll.is ~'~~ da of ~~d Y _ _009. upu!1 ~otasid~ration of the attached Custody Conciliation. Report, it is orde ed and directed as ri~,IIa~,~rs: i .rill prior Orders of this Cout-~ in this tnattet• are vacated and replaced with. thi Order. ~` ['he father, .3etzy M. Burrell. and the Mother. Tiff~rty T. Felltiez•, si~afl have shared le~aL ~~ustody of Cameron L. .Felker, born l7ecember 1, 2003. Major decisions concernin:z the Child including, but not necessarily lirnitecY to, help health, welfare, education, religious training and tlpbrin~~ittg shall be zxtade jointly by the partzes after discussion and consultation with a view toward obtainzn~~ and following a harnzonious policy zl the Child's best interest, Iveitl~er party shall irrtpair the othc'.r party's nghts to shared legal custody of the Child. Neither party shall ~ttten'tnt to alienate the arfections of the Child from the otkaet party. Each party sI-tall notify the otllNr ot` env activity or c iYCllnlstance conecrziing the Child thaM could reasonably be expected to be o#~ c: oncern [o the other. Day .:a day decisions shall be the responsibility of the parent then lzavin<~ physical _ustody. ih'ith r~~ard to any irtlergancy decisions which must bz made. the parent having ph}-sical custody- of the C12ild at the title of the etxter~ency shall be permitted to make any immediate decisions necessitated th~reE;v. However.. that parent shall infon~t the other of the emergency and consult with. hirt2 ar her as >oan as po,sible. In accordanc~^ with. ~J Pa.C.S.A, ~~309_ each parry shall be entitled to complete and ii11.1 inforr.~ation tiozn any doctor. dentist. teacher. professional ar authoritti~ anal io l~ta.r e :opies of any r~pc;rts or ii~fonr,atiotl ~~i~-en to either party as a parent as authorized by statute. ~. ThL parties shall have physical custody of the Ch.iLd its ac<ordane~ Leith the tollotiti~%ng sci,edu;e: <-l During alternating Lve,>ks. beginning January 1~, ?009. the Father sitall have custody ~,i clue Child froth Wednesday at 6:00 p.tn. through Sunday at 6:00 p.rn. 1-he Father shall ensure that the Chile; attend; davcaz~e c>n every we~l~,da~ Burin<~ his periods of'custod}~. l~ 1^llc Mother shall hat ~° custody of the Child at all tines ltot other~~-:~: ~pc:cititd for th~> Father. C- ~!1 exchanges ot• custoc~L under this proL•isi~tin ~itall take plac:: at tfZe ~Y~-rndv's on !~VL1lC ~ '~. _ ~,,: - - _--~~~~_ ~~1AI)ISOI~ISOCIET'~`HILL PAGE 02;`03 _--- The parties shall share or alternate having custody of The Child on holidays as follows: ~_ Christmas: The Christmas holiday steal! be divided into Segztlent. ;~. which shall turf f:•on-~ Cl~ristnaas Eve at 12;00 noon through Christmas Day at 12:00 noon, and Ses~trlent B, which steal! run ',i~orr. Clu"i~tT~zas Day at 12:00 noan through December 26, at 12:00 noon, In evert-nuzxtbezed years, the lather shall have custody of the Child during Sebn~ent A, and tkze Mother shall 1'zave custody during Se?t~tent B In odd-numbered years, the Mother Shall have custody o>E'the Clliid during Segt~~ent !~, and ;lip Father ;hall have custody during 5egznent B. T3. Thar>Icsgivin~: The Thaztksbiving holiday shall he divided into Segrrtent A, which sh~tl; r~u~ from 9.00 a.tx'i. until 7:00 p.n~~. on Ttaarr~,sgiviztg Day. and Segment B. ~vllieh shall run frorzz 9:00 a.m. Until 7:00 p.m. on the T=riday after Thanksgiving. In even-numbered years" the Mother shall }ta~:e custody of the Child during Segznenc ~ and the Fathez shall have custody ~3urin~~ Segment B. In udd-r,.umbet~ed years, the Father steal! l~.ave custody of the Child Burin; Segztient !~. and the IVlotlaer shall i:ave custody during Segment B, C. Easter_ The 1/aster l;.c~liday shall be divided into Segment .4. ~v~hich shall run from 9:U0 ,.t.m u•ntil 7:U0 p.nt_ vn the Saturday before Easter, and Segment B, wham shall run from 9:00 a.rt~. until ?;00 p.m. on Faster Sunday. In even-nurrzbered years, the vlotb.er s1~a11 l~avc custody of the Child Burin<t Segment :~ and the father shall have custody during Segment B. Ire odd-numbered years. t11cr't:ther shall iZave custody vfthe Child during Segment A aztd tl~e Mather shall lZave custody during ScL'[1lc ;t ~~, D. Mother's Div/Father"s Dav: In every year, the Mother shall have custody of the C izild vn '.vlc~ther's Dav and the Father sl~.all. have custody of the Child oz7 1~ather's Day irom c):UO a.n~. until 7:00 p"rn. ' ~.. The holiday custody schedule shall supersede and take precedence over the ,regular custody schedule a"nd the summer vacation schedule, ~. Dttrin~Y the sun~n~er each year, each patent shall be entitled to have custody of the Child for ~~t~e { I } week dt~z~ing the months of June, .Tiny and august upon. providing at least sixty (60 j days ~tdvatl: ~ rtotic:e to the outer. parent. The ;parties shall schedule their vacation periods of custody under :tits l~rovi;ion non-consecutively and inclusive of that parry's regular weekend period of custod~•, 6. By 1,-larch I. ?OOy, both parties shall provide: a separate bedroom for the Child. in his or her ea idenee. ?. "T~t1e Father shall Dave ~trstodv of thy; Child oxz S:.pteml~er l g and Septezxtcer 9, ~0p9 sv that the Child can participate as t7ower ~~irl in her paternal uncle"s ~.veddiny~. The pat-ti~s sl~ali cooperate in sch~dulin~u make-tip times #or the Ivlvther ifzequested by [he 1~lother, y. The..l^-ather shall make arrangements to have rartdont drug. testiz~~> throu~7h his employer no I-~ss -1ta,1 on a zr~.onthly' basis_ The lather shall provide the results promptly to the Motl;ur in writing ttlro~~~h cot~ns~[ initially until such timE as the parties a<?ree to pro~-ide!recr;i~ e thr dru test results d.rectly betvt-ee>i~t then.7selves. ~. Thy IYlother shall contact the Child's daycare as soon as possibly to add tltc; Fathers natt7e to tl-,~ Child care providers list so that tkze Father cart drop off azad };ticl: un [he Child at daycare dua'in~ his ~~~ri.uds of cu~t~~d~ -~ ~ _ - ~~~~ r•.~ADI5nh~1SC7CIETw'HILL PAGE 0~, 83 i ~ " _. oc ! u. Tk.e parties agree that tl~e modification to the partial custody schedule i.n this Order shah net <;on_=.titute a r+asis for a change in tl,~.e Child suppoz-t arraz~gernents. 1. Tile Mother shall er<sure that the gather has copies of the Ch.iId.~s n~tedical izlsurance doct:rrents. ~ar~.is and iraforn~ation on as ongoing basis. i ~'. i~IeithNr party skzall do or say anything which may estrange tkte Cktakd from the other par~rat, in~ilre the opinion of the Child as to the other parent; or hazx~per the free and natural deveiopmeaat of the Child's 13vp az1~1 aspect for the other parent. Both parties shall ensure that tkzird x~arties Having contact with the Child comply v~~ith this provision. _ Z~l;iS Ot'der is entered pursuant to ~n agreemezzt of the parties at a cutod}~ conciliation coni'erence. The parties may modify thc: pzovisians of this Order l,y rrzutttal consent.. Ire the absence of tt~utual ~:~nsent, i:l~e cerzns o~this Order :;bait contzol. B~f TI-IE COURT, 'M. L. 1/ ert. Jr. J. ec: iVlarcus A. NIeKz~ight, Esquire - C`ottzksel for Father ' L- Rex Bickley. Esquire -Counsel for Mother . -~ ... K:i~.l~ n~''Ya-'~tfi"ffYed~II ~"'~C..-`may ~eP~~ ~~ ~ r :,~°.;\ ~;iLlir, f tu° ~~eZ a~"d 1~i lry' t'~ld~i :~::i4a ,tj2y - v': ,..i:~ Cvii1 ~~ ~~~~~Ar.'>2~a 4"c~. ~aa... ~ ~,.G 1W1+n ~ ~~ ~.~ ~ftiif~~ L~ro fi w1 rE'~~i~'~~ FIV'AL PROTECTION IN THE COURT Or COMMON PLEAS U ~ ( \~1Bi RL,~~Ni) FR0~1 ABUSE ORDER COUNTY, PENNSYLVANIA E;ende Order ~ Amended Order NO. 2012-5772 I'i,~I~~1~IF1 Iit7an+ T Felker ~~/13/1982 sJiddle Last Snffi~ P t~i,r.i"fit?;- '+ •.tec ~.rsons. ineiuding minor cnild/ren aid DOB. Tiffan~~ T Felker 4/13/1982 Camero^ Lvnn Felker 12/1/2005 ~~. DEFE;~~DANT Jerre Michael Burrell ~'~~fddie Last Cuf!1~_ S~JS Bosle~~ 4~.eou~, Lrr,~r:+nc PA I"443 :~1[ IUD- ^ ' _. ^ ..' ~.' :d R~~.i ~,tsished DEFENDANT IDENTIFIERS -*- DOB ' 6/4/1'9821 H1:1G1'.~:~ 5 ft. 8 in. SEX Male I, ~'`'EIG1{T 160 RACE I~~'hite_~1_I_~ (Hazel HAIR Broom n S S'J iDRIVERS [.'CENSF EXI' DATE i, --~~ ~ T 1 I e i cart Hereby Finds; (hat it h:as jurisdiction over the parties and subject matter. and the Deiend,tnt has been hi~:~+i~{e+~ ~., il~- r_.ur n<bi ~~ .. ,..~p;.,~~:~.ur. o be heard. l~he Court Hereby Orders: >~'~ a~. ~h,~ "a algae. `uu~ass. stalk or threaten any o`the above persons in any place ~+~here the~~ might be foun:i ~~~ ~•-+ pro ~ ed in _tragraph 4 0l this order. Defendant shall not contact Plainufr. or an~~ other person prc~tec!e,~ ,i~~_ . ,.: ,i _~I, ar.~ other means, including through third persons. _ ! I s r~r, ~ are ;et forth belo~+. r)~,i~ ~~ Fffectnc i),+:e Order Expiration Date ~~/hors NOTICE TO THE DEFENDANT i.S ( t:~FR M- 1' RESULT IN YOUR ARREST ON THE CHARGE OF fNDIRECT CRIMINAL CONTEMPT WHICH IS F i N1Sf-:AB' . I~`' ~ f '`E OF ,: L CR A J .. SENTENCE OF UP TO SIX MONTHS. 23 PA.C ;i.A. 46114. VIOLATION MAY ALSO SUBJECT YOU TO PROSfC!JT;ON A!JD C"'R:~'~:NA,. MGR "' P~=N~'S v,4A`~A CRIMES CODE. A VfOLATIO~V OF THIS ORDER MAY RESI .TIN THE REVOCATION OF THE S~',F! E. ~_P';;C f ER\t' i ~~ ' i?. .~f7E ?1 "i D 4T E RELINQ,~iISHMEN" OF YOUR FIREARMS. OTHER U'EAPONS A.ND AMMUNITION TO THE Si?[RIFE ~ ~+'~.":~ ii~l'S ~"i"_ R~•' JE --~i v1'~''T SHALL ~\OT INVALIDATE- THIS ORDER W}IICH CAN O~.VL`i BL MODIFIED Bl' ~~! ~RTHEft ORi~ER_ ~ i ~? ~ ?~ i B'..i_ '~ Af F ~ ~ ,50; STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, C S TERRITORIES Al`D 1 HE; ~'~ M _ \ ,~ ~ ',~ , > _a F ~ 10, rNC! .a(~A N'ST WOMEN ACT, 18 U.S.C. 42265. IF YOU TRAVEL OUTS]DE OF THE STATE .4ND IN1 EN ION +... '."r L+ ~ 1 kll~ 3E ~.~8 IECT '0 FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. '.S U.S C ¢42261-226? II' YOU POSSESS , 1 !RLrAR`~i JF ~~'~:1~ ~ '~ tI..F SIS ORDER IS IN L-FFECT 1'OU MAY BE CHARGHD WITH A FEDERAL OFFENSE EVEN IF TflIS ?ENNSYLVgKL~ C'-R, ' ~ ;>;~;-~ '.';_~' Kc~,.:3; i . C i R01~' PC~SSLSSiNG FIREARMS OR AMMUNITION. 18 U.S.C. 4922tg)(8) Plaintiff or Pratected Person(s) is/are: spouse ar former spouse of Defendant parent of a child with Defendant ' current or former sexual or intimate partner with Defendant child of Plaintiff child of Defendant family .member related by blood (consanguinity) to Defendant family member related by marriage or affinity to Defendant sibling (person who shares parenthood) of Defendant Defel~dant ~~~as served in accordance with Pa. R.C.P. 1930.4 and provided notice of the tune, date and location of the hearing scheduled in this matter. :~~ppearances by Parties and/or Counsel • Plaintiff appeared personally and is represented by: MidPenn Legal Services • Defendant appeared personally and is represented by: unknown A~~D ?~~OVd, this 26th Day of September, 2012 the court having jurisdiction over the parties a~1d the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: I-}pis order is entered by agreement without an admission. Without regard as to how the order «~as entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical farce that ~~ ould reasonably be expected to cause bodily injury to Plaintiff or any other protected person in anv place where they might be found. 2. Except as provided in Paragraph 4 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiff s or other pro`ected party's school, business, or place of employment, 3. Except as provided in paragraph 4 of this order, Defendant shall not contact Plaintiff, either directl~~~ or indirectly, or any other person protected under this order, by telephone or b~~ an~r other means, including through third persons. -l. Tzmporary c~istodv of the minor children: I . Cameron Lynn Felker shall be as foiiows: -I-here is a current custody order as to the children of the parties: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 2008- I3~4 S+~ ~. ~ , ti o..r THIS ORDER~SUPERSEDE,9-ANY PRIOR ORDER RELATING TO CHILD CL''STODY. ~. -1~'.~e following, additional relief is granted as authorized by §6108 of the Act: - Defendant shall not damage, destroy or dispose of, in any manner, any property o~i ned jointly by the parties or solely by Plaintiff. 6..-~ certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Lo~~ er Allen To~~nship Police Department ~.:~il provisions cf this order shall expire in 3 years on September 26, 2015. ,. ~", r ~l ;~ ,~ r BY THE COURT ~--~~~ !~- Date Thomas A. Pla ey, Judge Entered pursuant to the consent of Plaintiff and Defendant: r~~~ /~ err ael Burrall, Date Defendant ~~~~ ~~-~ ~17~ rZ 1 me Haley ate Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle PA 17013 Distribution to: MidPenn Legal Services, Attorney for Plaintiff Jen-y Michael Burrall, Pro Se Defendant Faxed and Mailed to PSP ~, - c . ~ ~ . ~~ r ~ -';:^ -- ~, . - G . ~' C~ ~s ~ "' . . ~"r ~ Ii ~ TRUE COPY FROM RECORD In ?eatimony whereof, I hers unto aat my hand end th1 •~ of acid Court at rlf~lo, Pa. /, Thla day of , Ste, ~d ,,. , Prothonotary s~~~~ ~p VERIFICATION T verify that the statements made in this P~TZTIOrz are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. rt t ~ .. Date: ~ l~ _ 1~ _ ~ ~ ~ s ~ CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Emergency Custody will be served upon the Respondent, Jerry M. ~urrall by Pennsylvania State Constable and a Certificate of Service will be promptly tiled at that time. Respectfully submitted, ~~~ BY. ~~; `~ __ ______ Diane M._Dils, Esquire 1400 North Second Street: First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I,D. No. 71873 Date: October 19, 2012 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE: Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Defendant, Tiffany T. Felker JERRY M. BURRALL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-1354 Civil Term TIFFANY T. FELKER, Defendant : CIVIL ACTION -LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Richard G. Shotzberger, Constable of the Commonwealth of Pennsylvania, hereby certify that a true and correct copy of the Complaint to Modify Custody and Petition for Emergency Relief was served upon Jerry M. Burrall by personally handing him said copies on this /)D day of 2012 at P.M. at the address: e Date: ()(+Olx/ 7-2-j Z012" 167 - 10- BY: ;0)04? 15e_ Richard G. Shotzberger, ate Constable FlLE~-QF~iG ~~ i I~1~ P~O~iNON01'A~Y 2012 OCT 26 AH 8~ ~ 7 JERRY M. BURRAL~UMBER~AND (;aUtJ~Y Pla i ntiff~I~~n~entN~ A v. TIFFANY T. PECKER, Defendant/Petitioner o~ C~ ~'~a IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT IN CUSTODY OS-~35y CIVIL TERM IN RE: DEFENDANT'S PETITION FOR EMERGENCY CUSTODY SCHEDULING ORDER OF COURT AND NOW, this 25t" day of October 2012, upon consideration of the Petition for Emergency Custody, a hearing is scheduled for 31 October 2012 at 9:30 a.m. in Courtroom Number 6 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. PETITIONER shall effectuate service upon Respondent. Proof of service shall be filed prior to the time of the hearing. The sole issue to be addressed at the hearing is the current and immediate health and well-being of the parties' minor child, Cameron L. Felker. The 8 year old child shall not be present at the (:ourthouse without prior authorization from the court. All other custody issues shall be referred to a Custody Conciliator. No further relief is granted at this time. ~`` ~~~'/' Thoma A. lacey C.P.J. Distribution List: / Diane M. Dils, Esq. 1400 North Second Street First Floor, Front Harrisburg, PA 17102 Defendant/Petitioner / Jerry M. Burrall 808 Bosler Avenue Lemoyne, PA 17043 For Plaintiff/Respondent C'o,o; PS ~, ~~ 1D/a~~ia ~~L JERRY M. BURRALL Plaintiff/Respondent V. ~~ ~~. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL C)ISTRI:CT IN CUSTODY TIFFANY T. PECKER, DefendantJPetitioner 2008- 635y CIVIL TERM IN RE: PETITION FOR EMERGENCY CUSTODY ORDER OF COURT AND NOW, this 31St day of October 2012 following a hearing on the Petition For Emergency Custody, the following modifications of the 12 January 2009 Custody Order are entered: 1. Petitioner-Mother shall have primary physical custody and shared legal custody of the parties' minor child, Cameron L. Felker; 2. Respondent-Father shall have shared legal custody and enjoy periods of partial physical custody every other week beginning on Wednesday, 31 October 2012 at 6:00 p.m. through Monday at 6:00 p.m.; 3. Respondent-Father's periods of partial physical custody shall bE~ supervised by either of his parents and shall occur in the home of his parents; 4. The remaining paragraphs of the 12 January 2009 Custody Order unaffected by these changes shall remain in in full force and effect; 5. During Respondent-Father's periods of supervised partial physical custody, he shall not be under the influence of alcohol, any non-prescribed medications, or any prescribed medications beyond a therapeutic level; 6. If Respondent-Father fails in the above condition, the grandparent supervisors are to call Petitioner-Mother to arrange the immediate return of the child for that custodial period; 7. The remainder of the custodial issues are referred to Custody Conciliation; 8. Respondent-Father shall present evidence of his compliance with the continued addiction treatment to the Conciliator. No further relief is granted at this time. BY THE COURT, ~-a Thomas lacey C.P.J. Distribution List: 1/ Diane M. Dils, Esq. 1400 North Second Street First Floor, Front Harrisburg, PA 17102 Defendant/Petitioner Julie VVehnert 3461 Market Street Suite 101 Camp Hill, PA 17011. For Plaintiff/Respondent v' Court Administration ~4p; ~ ~y 'lea ~%~~~, ~; ~L~ ~ ., ~ __, ~~ n1 '3 q "'~ ['1 i T ~ Y' ~ r :~)~' w _ T ; -~' ~ s ~ ~ ~ cam., ~ ~ ~~ ~ ~ ~ ~~ .~ : _ ^~ ~ _-~ ~. LAS' O>~ FICES OF DILS &DILS D[ANF, M. DILS, ESQUIRE Attorney [. D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 "I~elephone No. (717) 233-8743 Attrn~ney for Defendant, "Tiffany T. Felker .TERRY M. BURRALL, IN THE COURT OF COMMON PLI~AS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-1354 Civil Term "I~IFFANY T. FELKER, Defendant :CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Richard G. Shotzberger, Constable of the Commonwealth of Pennsylvania, hereby certify that a true and correct copy of the Scheduling Order of Court dated October 25, 2012 was served upon Jerry M. Burrall by personally handin him said ~,o les on this ~ ~~~ ~ ~ ~' g p c~~' day of _ ~~ ~ 7~~f.-~~%._. .2012 at .-~ -- _.,~ , ,'~~~ _~~ .;~. at the address: %' ..--- Richard G. Shotzberger, a. tate Constable Date: jj .a ~ /-~, JERRY' M. BURRALL IN THE COURT OF COMMON PLEAS OF IINTII=E I~1 CUMBERLAND COUNTY, PENNSYLVANIA ;~? TM . _ F • v . ~ r.• ~` ' ~ -.Z l~ `. .. ~ 2008-1354 CIVIL ACTION LAW ~;=-' c .~ `~~ 4 ~ ~ TIFFA'~IY T. PECKER ~} , C ~`~ ~ -*~ - ~ ' IN CUS'T'ODY ; ~, ~°~~• C~E~FF;NDAN T _ = ;; -~~ L~ .- J ORDER OF COURT AND NOW. Frida ,October 26, 2012 ,, upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, ai 39 West Main Street, Mechanicsburg, P.A 17055 _ on _ Wednesday, November 28, 2012 at 10:30 AM f~~r a Pre-}-{ea~~int~ Custodv (~ onference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he 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 mat' provide grounds for entry of a temporary or permarl~:nt 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 hearim~. FOR THE COURT. By: _ /s/ Daum S. Sunday, Esc. .~! _ f Custody Conciliator fhe Court of Common Pleas of Cumberland County is required by law to comply wish the Americans with Disabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, pease contact our office. Ail arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the cheduled conference or :hearinc. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY" AT ONCE. IF YOB- DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF'ICF SET FORTH BF,LOW TO FINL) OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (71 ?) 249-3 I Fib u j~) F,t' ~ JT' lau! n s. dun c~c~, CaP ~ Ps /1i1~~/~~°o/ /%3il/2