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HomeMy WebLinkAbout01-6392JASON G. COLLINS, Plaintiff HEATHER S. EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9Ta JUDICIAL DISTRICT CIVIL ACTION - CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days at~er this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a.judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may loso money or property or other fights important to you. YOU SHOULD TAKE TH/S PAPER TO YOUR LAWYER AT ONCE. ,orrs~_.~ ;~.e.I I'ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7536 CENTRAL PENNSYLVANIA LEGAL SERVICES 213A NORTH FRONT STREET HARRISBURG, PA 17101 1-800-932-0356 JASON G. COLLINS, Plaintiff HEATHER S. EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9a'a JUDICIAL DISTRICT CIVIL ACTION- CUSTODY CUSTODY COMPLAINT NOW COMES, the Plaintiff, JASON G. COLLINS, pursuant to 1915.1 et seq. of the Pennsylvania Rules of Civil Procedure to petition this Honorable Court for primary physical custody and shared legai custody of the of the within named minor child. In support of this petition, Plaintiffs assert the following: 1. Plaintiff, JASON G. COLLINS, (hereinatter Father) is an adult individuai residing at 6410 Spring Road, Shermans Dale, Perry County, Pennsylvania. 2. Defendant, HEATHER S. EARLY, (hereinatter Mother) is an adult individual who receives correspondence at her parent's residence, 829 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 3. The subject child of this action, JASON DYLAN COLLINS, was born September 5t~, 2000 (hereinafter the minor child or Dylan). 4. Plaintiff is the minor children's naturai father. 5. Defendant is the minor children's natural mother. 6. Over the course of the minor child's life, one (1) year, the child has resided at numerous residences with unknown persons. Over this time period, the Defendant and the minor child resided at temporary addresses in Dauphin, York, Cumberland and Lancaster Counties. To the best of the Plaintiff's knowledge, ' · mfonnatton and belief the Defendant and minor child have never resided in any one county for six (6) consecutive months, however, the majority of the addresses where Defendant and the minor child have resided have been in Cumberland County. The Defendant has customarily received mail at her parent's residence located at 829 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. Mother currently has defacto physical custody of the minor child. However, Dylan routinely resides with his paternal grandmother and step-grandfather, SUSAN and TONY VAZQUEZ, at 19 Shady Lane, Enola. Cumberland County, Pennsylvania. 8. The minor child was born out of wedlock. 9. The minor child has not been the subject of any other custody action in this or any other jurisdiction. I 0. All parties that have claimed custody rights to action, have been named as parties herein, the minor child, subject to this 1 I. Plaintiff'seeks primary physical custody and shared legal custody of the child, minor 12. Plm.'nt!ffprays that this Honorable Court ant th ' Pl.~.ntlffis better able to ,,rovia~ -, · gr . e rehefrequested because rmsmg the minor childre~ uv ~ loving, stable and safe environment for WHEREFORE, Plaintiffrespectfully requests that this Honorable Court grant him primary physical custody and shared legal custody of the minor children JASON DYLAN COLLINS. Respectfully submitted: Daniel MeG-uire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 JASON G. COLLINS, :: Plaintiff :: HEATHER S. EARLY, :: Defendant :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9TM JUDICIAL DISTRICT No. 2001- CIVIL ACTION - CUSTODY VERIFICATION I verify that the statements made in the attached CUSTODY COMPLAINT are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C S. 4904 relating to unswom falsification to authorities. DATE: U (SIGNATURE) Jason G. Collins JASON G. COLLINS, Plaintiff HEATHER S. EARLY, :: Defendant :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA, 9TM JUDICIAL DISTRICT No. 2001- CIVIL ACTION - CUSTODY _CERTIIeICATE OF SERVICE I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing Custody Complaint was served upon HEATHER S. EARLY, Defendant in the above-captioned matter, by mailing a copy of said Custody Complaim fi.om the New Bloomfield Post Office via first class mail postage prepaid to the following addresses: Heather S. Early 829 Erford Road Camp Hill, PA 17011 DATE: Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 AMERICANS WITH DISABHJTIES ACT OF 1990 The Perry County Branch of the Court of Common Pleas for the 414 Judicial District is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact my 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. M cGuir ~ n-'-d~ s s oci .at es ATTORNEYS ANE~ COU~SELOR~' ~T LAW P.O. BOX 264 · NEW BLOOMFIeLd, PA 170~8 TelePhONe: (717) 582-8883 , ov ! $ JASON G. COLLINS : PLAiNTIFF V. HEATHER S. EARLY DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, Wednesday, November 21, 2001 , 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, December 20, 2001 at 10:00 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. All children age five or older may also'be present at the conference. 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. 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 heating. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 © JASON G. COLLINS, Plaintiff VS. HEATHER S. EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this :' ~" day of ~e..~,~r ,200 ~ upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jason G. Collins, and the Mother, Heather S. Early, shall have shared legal custody of Jason Dylan Collins, bom September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 2. The Mother shall have primary physical custody of the Child. 3. During the remainder of the Father's incarceration, the Father shall have visitation at the prison during alternating weeks at times to be arranged by agreement of the parties. Upon the Father's release from incarceration, the Father shall have periods of custody with the Child as arranged by agreement. 4. The Mother shall provide to the Father 60 days advance written notice in the event she intends to relocate the residence of the Child outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements for the Father by agreement or to litigate the relocation issue if necessary. 5. Neither parent 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. 6. 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. cc: Daniel MeGuire, Esquire - Counsel for Father David Lopez, Esquire - Counsel for Mother BY THE COURT, JASON G. COLLINS, Plaintiff VS. HEATHER S. EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 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 OFBIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins September 5, 2000 Mother 2. A Conciliation Conference was held on December 20, 2001, with the following individuals in attendance: Daniel McGuire, Esquire, counsel for the Father, and David Lopez, Esquire, counsel for the Mother. The Father, Jason G. Collins, is currently incarcerated in the Perry County Prison and was unable to attend the Conference. The Father's counsel consulted with the Father by telephone during the Conference. The Mother, Heather S. Early, was not able to obtain transportation and therefore, was not present at the Conference. 3. This Court previously issued a Temporary Protection From Abuse Order in this matter granting primary physical custody of the Child to Mother with supervised periods of visitation for the Father. The Father filed this Petition for Primary Physical Custody. As, at the time of the Conference, the Father was incarcerated in the Perry County Prison due to his conviction for driving under the influence and driving under suspension, the Father is not able to pursue a transfer of primary custody at this time. The Father's main concern at the time of the Conference was that the Mother indicated she may be moving to Arizona in the near future, which the Father opposes as it would interfere with his current regular periods of visitation with the Child. 4. The parties, through counsel, agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JASON G. COLLINS PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 01-6392 CIVIL ACTION LAW HEATHER S. EARLY DEFENDANT : IN CUSTODY AND NOW, Tuesday, April 02, 2002 , 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, Meehanicsbur$, PA 17055 on Thursday, April 04, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At suet 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. All children age five or older may also be present at the conference. 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. 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 heating 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JASON G. COLLINS, Plaintiff VS. HEATHER S. EARLY, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~' day of ~P2tat. t:/ , 2002, upon consideration of the attached Custody Conciliation Report, qt is ordered and directed as follows: 1. The prior Order of this Court dated December 28, 2001 is vacated and replaced with this Order. 2. The Father, Jason G. Collins, and the Mother, Heather S. Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make ail major non-emergency decisions affecting the Child's general well-being including, but not limited to, ail decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shail be entitled to all records and information pertaining to the Child including, but not limited to, school and medicai records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends fi.om Friday at 3:30 p.m., when the Father shall pick up the Child after work, through Sunday at 6:00 p.m., when the parties shall exchange custody at the Sheetz store at the corner of Route 114 and the Carlisle Pike in Mechanicsburg. The Father's first alternating weekend period of custody shail begin on Friday, April 12, 2002. The Father shail have an interim period of custody fi.om Sunday, April 7 at 6:00 p.m. through Tuesday, April 9, 2002 at 6:30 a.m. If the Father works on Monday April 8, the Father shall transport the Child to the Mother's residence before work and pick up the Child at the Mother's residence after work. If the Father does not work on April 8, 2002, the Father shall retain custody of the Child through Tuesday. In addition, the Father shall have custody of the Child every week from Tuesday at 3:30 p.m. through Wednesday morning at 6:30 a.m. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Mother's residence with the exception of the exchanges on Sundays which shall occur at the Sheetz store at the corner of Route 114 and the Carlisle Pike in Mechanicsburg. 6. The Mother shall provide the Father with 60 days advance written notice in the event she intends to relocate the residence of the Child outside of the Commonwealth of Peunsylvanla to enable the parties to make alternative custody arrangements for the Father by agreement or to litigate the relocation issue if necessary. 7. Neither parent 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. The parties and their counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on Tuesday, July 2, 2002, at 8:30 a.m. for the purpose of discussing expansion of the Father's periods of custody, if appropriate. 9. 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: Barbara Wevodau, Esquire David Lopaz, Esquire JASON G. COLLINS, Plaintiff VS. HEATHER S. EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CiVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Kevin A. Hess 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 Jason Dylan Collins September 5, 2000 Mother 2. A Conciliation Conference was held on April 4, 2002, with the following individuals in attendance: The Father, Jason G. Collins, with his counsel, Barbara Wevodau, Esquire, and the Mother, Heather S. Early, with her counsel, David Lopaz, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date - Dawn S. Sunday, Esquire Custody Conciliator JUL ' 2002 JASON G. COLLINS, Plaintiff VS. HEATHER S. EARLY, Defendant :IN THE COURT OF coMMON PLEAS OF : CUMBERLAND cOUNTY, pENNSYLVANIA : : NO. 01-6392 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, this 26TM day of June, 2002, the Conciliator, having been advised by Plaintiff's counsel that the custody issues have been resolved informally between the parties and that the additional Conciliation Conference is not necessary at this time, hereby relinquishes jurisdiction. .The Custody Conciliation Conference scheduled for July 2, 2002 is canceled. FOR THE COURT, Custody Conciliator JASON G. COLLINS, Plaintiff VS. HEATHER S. EARLY, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.: 01-6392 : : IN CUSTODY MOTION TO MODIFY CUSTODY ORDER NOW COMES the Plaintiff, JASON G. COLLINS, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is JASON G. COLLINS, who currently resides at 344 Briner Road, Elliottsburg, County of Perry, Pennsylvania. 2. Defendant is HEATHER EARLY, who currently resides at 1632 Derry Street, Harrisburg, County of Dauphin, Pennsylvania. 3. That the parties are the natural parents of a minor child, JASON DYLAN COLLINS, born September 5, 2000. 4. On April 17, 2002, a Custody Order was entered by the Honorable Kevin A. Hess, a copy of which is attached hereto. 5. Said Custody Order granted primary physical custody of the subject minor child to Defendant, with rights of partial custody to Plaintiff. 6. On May 9, 2002, just three weeks after the entry of the Order, Defendant relocated to the state of Arizona. 7. Defendant returned for a visit in June, 2002, for five days and saw the child one time. 8. Defendant returned to the central Pennsylvania area on September 9, 2002, and saw the child infrequently between that date and October 20, 2002. 9. On October 20, 2002, Defendant took custody for a weekend visit and refuses now to return the child. 10. While Defendant was residing in Arizona, the child resides with his grandmother, SUSAN M. VASQUEZ. 11. Defendant has resided in approximately 26 residences since the birth of the child. 12. The best interest and welfare of the child will be served by granting primary custody to Plaintiff. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court amend its Order of April 17, 2002, to grant primary physical custody of the subject minor child to Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG, PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Petition 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. DA'I~E ~ASON G. COLLINS JASON G. COLLINS, Plaintiff VS. HEATHER S. EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY _ORDER OF COURT AND NOW, this /,, ~'' ~ ~ ~ ~ uay oI R~o~, it is ~rdered and directed as f~]lows: upon consideration of the attached Custody Conciliation , 2002, Order. 1. The prior Order of this Court dated December 28, 2001 is vacated and replaced with this 2. The Father, Jason G. Collins, and the Mother, Heather S. Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the C ' ~ hild s general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 3:30 p.m., when the Father shall pick up the Child after work, through Sunday at 6:00 p.m., when the parties shall exchange custody at the Sheetz store at the corner of Route 114 and the Carlisle Pike in Mechanicsburg. The Father's first alternating weekend period of custody shall begin on Friday, April 12, 2002. The Father shall have an interim period of custody from Sunday, April 7 at 6:00 p.m. through Tuesday, April 9, 2002 at 6:30 a.m. If the Father works on Monday April 8, the Father shall transport the Child to the Mother's residence before work and pick up the Child at the Mother's residence after work. If the Father does not work on April 8, 2002, the Father shall retain custody of the Child through Tuesday. In addition, the Father shall have custody of the Child every week from Tuesday at 3:30 p.m. through Wednesday morning at 6:30 a.m. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Mother's residence with the exception of the exchanges on Sundays which shall occur at the Sheetz store at the corner of Route 114 and the Carlisle Pike in Mechanicsburg. 6. The Mother shall provide the Father with 60 days advance written notice in the event she intends to relocate the residence of the Child outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements for the Father by agreement or to litigate the relocation issue if necessary. 7. Neither parent shall do or say anything which may estrange the Child fi:om 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. The parties and their counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on ~, at 8:30 a.m. for the purpose of discussing expansion of the Father's periods of custody, if appropriate. 9. 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: Barbara Wevodau, Esquire David Lopaz, Esquire l~e{,in A. Hess, J JASON G. COLLINS PLAINTIFF HEATHER EARLY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : · ' 01-6392 CIVIL ACTION LAW : IN' CUSTODY : ORDER OF COURT AND NOW, Wednesday, November 06, 2002 ., 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, Meehaniesburg, PA 17055 on Thursday, November 21, 2002 at 8:30 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. All children age five or older may also be present at the conference. 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. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JASON G. COLLINS, Plaintiff VS. HEATHER EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~r day of -~~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 17, 2002 is vacated and replaced with this Order. 2. The Father, Jason G. Collins, and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, bom September 5, 2000. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding: his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on altemating weekends from Friday at 3:30 p.m. through Monday between 7:00 and 7:30 a.m., beginning Friday, November 22, 2002. In addition, during weeks following the Father's weekend[ period of custody, the Father shall have custody of the Child from Wednesday at 3:30 p.m. through Friday between 7:00 and 7:30 a.m. During weeks following the Mother's weekend periods of custody', the Father shall have custody from Monday at 3:30 p.m. through Tuesday between 7:00 and 7:30 a.m. 5. All exchanges of custody shall take place at the Mother's residence unless otherwise agreed between the parties. 6. The parties shall share having custody of the Child on holidays as arranged by agreement. 7. Each party shall provide the other with 60 days advance written notice in the event she or he intends to relocate outside of the Commonwealth of Pennsylwmia to enable the parties to make alternative custody arrangements by agreement or to litigate the relocation issue if necessary. 8. Neither parent 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. 9. Neither party shall drink alcohol to excess during his or her periods of custody. 10. 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:/Charles E. Petrie, Esquire - Counsel for Father /Joan Carey, Esquire - Counsel for Mother I O-q -0 JASON G. COLLINS, Plaintiff VS. HEATHER EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLANI]I COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infoimation concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jason Dylan Collins September 5, 2000 Mother 2. A Conciliation Conference was held on November 21, 2002, with the following individuals in attendance: The Father, Jason G. Collins, with his counsel, Charles E. Petrie, Esquire, and the Mother, Heather Early, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date D~-wn S. Sun~~ Custody Conciliator JASON G. COLLINS PLAINTIFF HEATHER EARLY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, December 20, 2002 , 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, Mechaniesburg, PA 17055 on Wednesday, January 15, 2003 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. All children age five or older may also be present at the conference. 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. FoRTHE COURT, By: /si Dawn S. Sunday, Esq. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-31,66 JASON G. COLLINS, Plaintiff VS. HEATHER EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 3 q day of <fa.~ . , 2003, upon consideration of the attached Custody Conciliation Re~ort, it '~ordered and directed as follows: Order. 1. The prior Order of this Court dated December 4, 2002 is vacated and replaced with this 2. The Father, Jason G. Collins and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, bom September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child from Saturday, January 11 at 11:00 am through Sunday, January 12, 2003 at 6:30 pm. The Father shall transport the Child to the Harrisburg East Mall on January 11, where the parties shall exchange custody inside the main mall entrance. The Father shall pick up the Child at the M ' ' other s residence on January 12, 2003. Thereafter, beginning on Friday, January 17, 2003, the Mother shall have custody of the Child on alternating weekends from Friday at 6:30 pm through Sunday at 6:30 pm. In addition, the Mother shall have custody of the Child for a minimum of one 24 hour period during each week upon providing at least 24 hours notice to the Father of the dates and times. The Mother may have additional periods of custody as arranged by agreement of the parties. 5. The parties shall share having custody of the Child on holidays as arranged by agreement. 6. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody to and from the M ' ' other s residence. 7. Each party shall provide the other with 60 days advance written notice in the event she or he intends to relocate outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements by agreement or to litigate the relocation issue if necessary. 8. Neither party shall do or say anything which may estrange the Child fi:om the other parent, injure the opinion of the Child as to the other parent, or hamper the fi'ce 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. 9. Neither party shall drink alcohol to excess during his or her periods of custody. 10. The Father's petition for emergency relief is dismissed. 11. 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. cc; Charles E. Petrie, Esquire, Counsel for Father Heather Early, Mother BY THE COURT, JASON G. COLLINS, Plaintiff VS. HEATHER EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido .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 Jason Dylan Collins ("Dylan") DATE OF BIRTH CURRENTLY IN CUSTODY OF September 5, 2000 Father 2. A Conciliation Conference was held on January 14, 2003, with the following individuals in attendance: the Father, Jason G. Collins, with his counsel, Charles Petrie, Esquire, and the Mother, Heather Early, who is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. 4. Although Judge Hess had previously signed the agreed upon Order in this matter after the prior Conciliation Conference, the parties agreed to indicate Judge Guido as the Prior Judge, (who has been assigned in a related case involving another child of the Mother)to ensure that one Judge is overseeing all interrelated issues and families. Date Dawn S. Sunday, Esquire Custody Conciliator JASON COLLINS, Respondent/Plaintiff VS. HEATHER EARLY, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-6392 CWIL TERM : INCUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Heather Early, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner/Defendant, hereinafter referred to as the mother, resides at 120 Dauphin Street, Enola, Cumberland County, Pennsylvania 17025. 2. Respondent/Plaintiff, hereinafter referred to as the father, resides at 344 Briner Road, Elliottsburg, Pennsylvania. 3. The above-named parties are the natural parents of Jason Dylan Collins, born September 5, 2000. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated January 23, 2003. The Order, in pertinent part, grants the mother periods of partial custody on alternating weekends from Friday at 6:30 p.m. through Sunday at 6:30 p.m. Additionally, the Petitioner is granted a twenty- four hour period of visitation each week, upon sufficient notice to the Respondent. 5. The father has willfully disobeyed the Order in ways including, but not limited, to the following: a. Refusing to permit the Petitioner to exercise her periods of partial custody in accordance with the Court Order. b. Unilaterally limiting the mother's telephone and physical contact to the conditions he drafted in Exhibit B. Although the mother signed Exhibit B, she was unlawfully and arbitrarily coerced in that her only alternative was to have no contact with the child. c. Despite Exhibit B, the father has unlawfully denied the mother all contact with the child from December 2003 until February 2004, when the father allowed the mother to speak to the child for a ten-minute telephone conversation. The mother has not been permitted to have any further contact with the child. 6. The father is not acting in the child's best interest for reasons including, but not limited to, the following: a. The father has willfully denied the mother both physical and telephone contact with the child in ways set forth in paragraph five of this Petition For Contempt and Modification. b. The father is trying to alienate the child from his mother. 7. The mother is entitled to periods of visitation with the child for reasons including, but not limited to, the following: a. Prior to the January 2003 Order, mother had primary physical custody of the child. b. The mother has demonstrated her commitment to pursuing a sober and healthy life and to provide for the child. c. The mother has been sober for three months. d. The mother wants to re-enter the child's life gradually and agrees to periods of visitation without overnights, initially, to re-establish a relationship with the child and demonstrate her commitment to providing a safe and nurturing environment for the child. e. The mother is gainfully employed. f. The mother is active in AA and NA and attends meetings at least two times each week. g. Without this Court's intervention, the child is at risk of being harmed from being denied contact with his mother. 8. The father is represented by Attorney Charles Petrie. 9. The mother's counsel has contacted Attorney Petrie, who does not concur with the relief requested in this Petition. WHEREFORE, Petitioner respectfully requests the following: a. That this Court find the Respondent in contempt of the existing January 23, 2003, Court Order. b. That this matter be scheduled for a conciliation to establish terms for a modified order establishing a visitation schedule for Petitioner. c. That the Court immediately grant Petitioner periods of visitation at the YWCA in Harrisburg on Saturdays from 9:00 a.m. until 4:00 p.m., until a conciliation can be scheduled and order the parties to immediately contact the Harrisburg YWCA to schedule their orientation and begin the visitation schedule. d. That the Court order Respondent to allow Petitioner reasonable telephone contact with the child. e. Any other relief this court deems just and proper. Respectfully sub ' ed, J~essica D/i~rnotfls~one Attome~ for Defendant/Petitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 JASON G. COLLINS, Plaintiff VS. HEATHER EARLY, Defendant IN THE COURT OF COIVIMON PLEAS OF CUIVlBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 27 ~ da,, ,,r ,~ .... ~ "~ ~/~-n~ . , 2003, upon consideration of the attached Custody Conciliation Re~ort, it '~ordered and directed as follows: Order. 1. The prior Order of this Court dated December 4, 2002 is vacated and replaced with this 2. The Father, Jason G. Collins and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, born September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child fi~om Saturday, January 11 at 11:00 am through Sunday, January 12, 2003 at 6:30 pm. The Father shall transport the Child to the Harrisburg East Mall on January 11, where the parties shall exchange custody inside the main mall entrance. The Father shall pick up the Child at the Mother's residence on January 12, 2003. Thereafter, beginning on Friday, January 17, 2003, the Mother shall have custody of the Child on alternating weekends from Friday at 6:30 pm through Sunday at 6:30 pm. In addition, the Mother shall have custody of the Child for a minimum of one 24 hour period during each week upon providing at least 24 hours notice to the Father of the dates and times. The Mother may have additional periods of custody as arranged by agreement of the parties. 5. The parties shall share having custody of the Child on holidays as arranged by agreement. 6. Unless otherwise agreed between the parties, the Father shall provide all transportation for exchanges of custody to and from the Mother's residence. 7. Each party shall provide the other with 60 days advance written notice in the event she or he intends to relocate outside of the Commonwealth of Pennsylvania to enable the parties to make alternative custody arrangements by agreement or to litigate the relocation issue if necessary. 8. 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 C ' ' hlld s love and respect for the other parent. Both parties shall ensure that th/rd parties having contact with the Child comply with this provision. 9. Neither party shall drink alcohol to excess during his or her periods of custody. 10. T , '. he Father s petition for emergency relief is dismissed. 11. 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 te~xns of this Order shall control. cc; Charles E. Petrie, Esquire, Counsel for Father Heather Early, Mother BY THE COURT, JASON G. COLLINS, Plaintiff VS. HEATHER EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CWIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido ,.CUSTODY CONCILIATION SUMMARY REPORT PROCEDW .*_C_COm , .C . COUNTY o ~ 19t3'3-8, the underslgned Custody Conciliator submits the followingreport~ CIVIL 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Jason Dylan Collins ("Dylan") DATE OF BIRTH ~URRENTLY IN CUSTODY OF September 5, 2000 Father 2. A Conciliation Conference was held on January 14, 2003, with the following individuals in attendance: the Father, Jason G. Collins, with his counsel, Charles Petrie, Esquire, and the Mother, Heather Early, who is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. 4. Although Judge Hess had previously signed the agreed upon Order in this matter after the prior Conciliation Conference, the parties agreed to indicate Judge Guido as the Prior Judge, (who has been assigned in a related case involving another child of the Mother)to ensure that one Judge is overseeing all interrelated issues and families. Date Dawn S. Sunday, Esquire ! Custody Conciliator CONTACT AGREEMENT FOR JASON IDYLAN COLLINS Phone Contact: · There arc to nut be mote tt~an 2 phone calls pe~ we~k · ?hone calls are to be made between ti pm and 8 pm Monday through I:riday. Calls can b~ · nmde at any t~e during the day on weekends, but not ~er 8 pm. Messages can be left for Dyhu and will be played for hi~ provldcd ~lerc is nmhing negatiw. m' obsce~ties in ~e ~ssage, ffyou neud to discuss specifics regarding visit, or coucen~, eider leave a separate nwssag% et ask {bt a r~t't~l Cai] withoul leaving specifies tl~e re~on the call back is needed, · Do not disc~s lh{~e visi~ on thc phone ~icss thc ~sit h~ been confimmed (see below), · Do not m~tion your olher children in the phouc calls. Keep the call specific to Dylan, mfless he brhgs up one of the off{et children. · Do not contact other membu~s Ofour family regarding Dy an~ visi~rtion, or to find out where Visits: · There will be a special ' ' visit sci~edaled tbr November 9, 2003, · Visits will be schedtfled for every other S~.mday afternoon s---tarring with Nowmb- for a t~imnm of l hour per visit, Thesev~itsw;Hh . . , . . cr16,_003, ....... ~ sup~vlSC~ nut wu ~ll try tu pmvid~ you as little interference as possible. They w/Il be scheduled tbr public places. At the visitl, do not bring up O~e uext visit or when you will see him again. Do not mention Robert, Devon Or o~zr {hmily members hc is not fhmili~ T,'anspoitati0n ~ aad from/ho viai~ lot Dylan will bc provided by us. YOU are tbr yum- om ~ansponation to and fi'om visiB. Visits ar~ to be conlim~ed the Friday beibre the vish. You will need tn call and conlirm the t~e, place and yo't~ ability to kec? thc visit. After 0~e visit is confirmed, you nmy distress with Dyl~. ' · You al~ not to ~scxms ~tnre plum h;r visitatinn amVor c~tody ~th Dylan. 'l'lfis ab~cemen/ will apply until at least J~u~, at whch time file si~ation Mil be rzcvaluatcd and c~nges eau be ~dc. 3~is MIl depe~md on the effect the visits lmve ou Dylan and your progress in the program. If you are asked to leave, or voluulahly leave Ibc c"- , intent progra~ w~thoul co/nplehng ~e prob~an~ ali visi~ will immediately cease. Phoae con~cl will ooly continue if you arc respec~l. By signing below you are agreeing tn file ~rnu of tiffs agreement Ibr visitation and cou~ct with Jason Dyhu Co]li~. lleather Early .... D~e" Witness 1 ........ Witness 2 Date VERIFICATION The above-named Plaintiff, Heather Early, verifies that the statements made in the above Petition for Contempt and Modification are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to tmsworn falsification to authorities. Date: Heather Early, Plaintiff JASON COLLINS, Plaimiff/Respondent VS. HEATHER EARLY, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6392 CIVIL TERM : CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Petitioner, Heather Early, hereby certify that I have served a copy of the foregoing Petition for Special Relief on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 MidPenn Legal Services, Inc. Date: Jessie~ Diamo'ndstone, Esqmre MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 JASON COLLINS PLAINTIFF V. HEATHER EARLY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA : 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before_ Dawn S. Sunda ,~ , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on. Wednesday, April 14, 2004 _ at _8:30 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. All children age five or older may also be present at the conference. 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: /si Dawn S. Sunday, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County ~s 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 LO :8 R,:I 6Z ~J%~ ~Ol]Z ,~bYJ.ONOHZOWd 3FLL 30W.~O-~3'lH JASON COLLiNS : Plaintiff : VS. HEATHER EARLY : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAN~D COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT , 2004, upon sun s~c~W this ~/* day of ~q~. . , considerat~'~o~n o~ t~h~' 'attached Cust---ody Conciliation Report, it is ordered and directeu as follows: 1. The prior Order of this Court dated January 23, 2003 is vacated and replaced with this Order. 2. The Father, Jason Collins, and the Mother, Heather Early, shall have shared legal custody of Jason Dylan Collins, bom September 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. pursuant to the terms of th~s paragraph each parent shall be ent~tl¢~d t all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have periods of supervised custody with the Child at the Harrisburg YWCA on alternating Saturdays for the 2 hour maximum period permitted by the supervising facility. The Mother's periods of custody shall begin as soon as practicable under the YWCA schedule. The parties shall cooperate in promptly scheduling the orientation session so that the Mother's first period of custody with the Child can take place as soon as possible. 5. The Mother may have reasonable, liberal telephone contact with the Child. The Father shall ensure that the Mother's telephone calls to the Child are returned within twenty-four hours if the Mother leaves a message. 6. The Father shall provide all transportation of the Child for periods of supervised custody. 7. Both parties shall refrain from drinking alcohol to excess during his or her periods of custody with the Child and shall ensure that third parties having contact with the Child comply with this provision. 8. 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. 9. The parties and counsel shall attend an additional custod,! conciliation conference in the office of the conciliator, Dawn Sunday, on July 7, 2004 at 10:30 a~aa, for the purpose of reviewing the supervised custody arrangements. 10. 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 COI.JRT, Ke~/~ Hess cc: ~harles E. Petrie, Esquire - Counsel for Father Counsel for Mother ,/Jessi~ ;i~~Esquire - JASON COLLINS Plaintiff VS. HEATHER EARLY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME Jason Dylan Collins (Dylan) The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH September 5, 2000 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held on April 14, 2004, with the following individuals in attendance: The Father, Jason Collins, with his counsel, Charles E. Petrie, Esquire, and the Mother, Heather Early, with her counsel, Jessica Diamondstone, Esquire. 3. Although the parties were able to reach an agreement at the conference, the Father's counsel notified the conciliator later in the day that the arrangements that the parties had made for supervision of periods of custody were not acceptable to the proposed supervisor. At the request of counsel, this matter was placed on hold until a telephone conference could be held between the conciliator and counsel on April 21, 2004, at which time alternative arrangements were made for supervision. 3. The parties agreed to entry of an Order in the form as attached. Dawn S. Sunday, t;sqmre ~ Date Custody Conciliator JUN JASON COLLINS Plaintiff : VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6392 CIVIL ACTION LAW HEATHER EARLY Defendant IN CUSTODY ORDER AND NOW, this 9xH day of June ,2004, the conciliator, being advised by the Petitioner - Mother's counsel that the Mother does not wish to conlinue to pursue the issue of custody, hereby relinquishes jurisdiction. The follow-up conciliation conference scheduled for July 7, 2004 is cancelled. FOR TIlE COURT, Dawn S. Sunday, Esquire Custody Conciliator