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HomeMy WebLinkAbout08-2179Monica E. Baturin, Esquire BATURIN & BATURIN 2604 North 2nd Street Harrisburg, PA 17110 (717) 234 - 2427 KELLI D. MINGO, Plaintiff VS. DETRELL J. BROWN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 0 1• --Z 1.7 q CIVIL ACTION; AT LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this 4`'' day of April, 2008, comes the Plaintiff KELLI D. MINGO, by and through her attorney Monica E. Baturin, Esquire, of the Law Offices of Baturin & Baturin, and files this Complaint for Custody and respectfully represents the following: 1. The Plaintiff is KELLI D. MINGO, an adult individual, sui juris, who currently resides at 1445 Newtown Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is Detrell J. Brown, an adult individual, sui juris, who currently resides at 859 E. Philadelphia Street, York, York County, Pennsylvania, 17403. 3. The Plaintiff and Defendant never married. 4. The Plaintiff and Defendant are the parents of one minor daughter, born during their relationship, named D'Nia T. Mingo, 15 months of age, (DOB: 10-24-06). The said minor girl is the subject of this Custody Complaint. 5. Plaintiff seeks full legal and primary physical custody of the parties' minor child D'Nia T. Mingo. 6. The aforementioned minor child is presently in the physical custody of her natural father, the Defendant in the Custody Complaint, and is temporarily living with him at 859 E. Philadelphia Street, York, York County, Pennsylvania. 7. The Plaintiff in this Custody. Action had primary physical custody of the parties' minor daughter until the Father's agreed-to visitation on March 24th, 2008. On Wednesday, March 26, 2008, when the Plaintiff returned to Defendant's home to pick-up her daughter, she was abruptly informed by the Defendant that he was not returning D'Nia to her. 8. Since birth, the minor child has lived at the following addresses with the following persons: DATE ADDRESS CUSTODY Birth until March 24, 2008 March, 24, 2008 to present 1445 Newton Circle Mechanicsburg, PA 859 E. Philadelphia St. York, PA Natural Mother and maternal grandparents Natural Father and his daughter (7 years old) from a prior relationship and a girlfriend and her son (5 years old) from a prior relationship. 9. The relationship of the Plaintiff in the Custody action to the subject minor child is that of Natural Mother. 10. The relationship of the Defendant in the Custody action to the subject minor child is that of Natural Father. The Defendant is not married but lives with his girlfriend. 11. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor child. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation rights with respect to the child. 13. Mother, who has primary physical custody of the parties' minor daughter since her birth up until March 24, 2008, is now being refused any visitation or telephone contact with her minor daughter D'Nia and has not been given any explanation whatsoever by the Defendant/Father for this hostile behavior and outrageous conduct. 14. The best interest and permanent welfare of said minor daughter will be served by granting the relief requested because: A. Plaintiff/Natural Mother is well able to adequately provide for the continuing health, safety, educational needs and general welfare of said child; B. Plaintiff/Natural Mother is well able to adequately provide for said minor child with a proper and wholesome environment, physically, emotionally and socially, within which to live; C. Plaintiff/Natural Mother has had primary physical custody of her daughter D'Nia, since D'Nia's birth on 10-24-06, and has always allowed the Defendant/Natural Father to visit with his daughter when the Father so desired. D. Plaintiff/Natural Mother-loves her daughter very much and has always taken care of all of her daughter's basic needs. Therefore, Natural Mother wants to resume primary physical custody over her minor daughter immediately, so as not to cause D'Nia any further emotional distress and possible harm. E. It is, therefore, in the best interest of the minor girl, D'Nia T. Mingo, generally, that full legal and primary physical custody be granted to the child's natural mother KELLI D. MINGO, Plaintiff herein. WHEREFORE, Plaintiff, KELLI D. MINGO, requests that this Honorable Court grant the relief requested, and any other relief that the Court deems appropriate, and enter a Final Order granting full legal and primary physical custody of the said minor daughter, UNIA T. MINGO, to the Plaintiff, KELLI D. MINGO. Respectfully Submitted, BATURIN & BATURIN LAW OFFICES By. M nica E. Baturin, Esquire Attorney ID No.: 73356 2604 North 2"d Street Harrisburg, PA 17110 (717) 234 - 2427 (Attorney for Plaintiff) Dated: April 4 `", 2008 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT FOR CUSTODY ARE TRUE AND CORRECT TO THE BEST OF MY M)WLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C. S. sec. 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: APRIL 2, 2008 (SEAL) RELLI MINGO V E d`.. W V• KELLI D. MINGO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DETRELL J. BROWN DEFENDANT 2008-2179 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 09, 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 Wednesday, April 23, 2008 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. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 *V ;z 'r, "??) A?kV ,qNf r` , rrt' l--;grm 61:01 WV 6- ddV 8NZ ?&IHI ?o K""M KELLI D. MINGO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DETRELL J. BROWN Defendant 2008-2179 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this o'1 cJ day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number Y of the Cumberland County Courthouse on the day of , 200_8, at ?:36cq.m., at which time testimony will be taken. For purposes of the aring, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, or a party pro se, shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending the hearing scheduled in this Order and further Order of Court, the parties shall have shared legal and physical custody of the Child in accordance with the following alternating weekly schedule: A. The Mother "I have custody of the Child from April 23, 2006 at 7:00 p.m. through Sunday, April 27, 200$ at 7:00 p.m., the Father shall have custody of the Child from April 27, at 7:00 p.m. through Tuesday, April 29, 2008 brtween 7:00 p.m. and 8:00 p.m., when the Mother's first alternating week of custody shall begin. B. Thereafter, during alternating weeks, the Mother shall have custody of the Child from Tuesday between 7:00 and 8:00 p.m. until the following Tuesday at 9:30 a.m. The Father shall have custody of the Child during alternating weeks beginning May 6, 2000 Tuesday at 9:30 a.m. through the following Tuesday between 7:00 p.m. and 8:00 p.m. 3. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to pick up the Child at the other parent's residence. During exchanges of custody, the parent receiving custody shall remain in the car while the other parent brings the Child to the car for the exchange. The parties shall conduct all exchanges of custody in a cooperative and civil manner to promote the emotional well-being of the Child. 4. In the event a party is late for an exchange of custody due to unavoidable circumstances, that party shall notify the other parent as much in advance as possible. 5. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 6. 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. 7. The temporary custody arrangements specified in this Order are entered without prejudice to either party's position as to the custodial arrangements which will best meet the Child's needs at the hearing scheduled in this Order. BY THE COURT, cc: Z.omca E. Baturin, Esquire - Counsel for Mother ? Detrell J. Brown, Father I:COieS' m?tl?c?, I ti/z%8 ?=fq ,s?, ? ' ? ,;? R.G.`` ?.' ?????? Off, ?c? t?v3u? °;?, ?4? i4?yFr 2.\,,'?? ? J_ 1 ? `?i ,. . L? 'APR s 6 NN?(' KELLI D. MINGO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. DETRELL J. BROWN Defendant 2008-2179 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 D'Nia T. Mingo October 24, 2006 Father/Mother 2. A custody conciliation conference was held on April 23, 2008, with the following individuals in attendance: the Mother Kelli D. Mingo, with her counsel, Monica E. Baturin, Esquire, and the Father, Detrell J. Brown, who was not represented by counsel in this matter. 3. The Mother filed this Complaint for Custody seeking primary physical and legal custody of the Child. The parties were not able to reach an agreement at the conference and it will be necessary to schedule a hearing. 4. The Mother's position on custody is as follows: The Mother believes it would be in the Child's best interest to reside primarily with her as she has been the primary caretaker of the Child since birth. According to the Mother, the Father failed to return the Child following a period of agreed upon custody in March and has not permitted the Mother to have contact since that date with the Child. The Mother expressed concern about the Father's willingness or ability to ensure that the Child attends her routine medical appointments. 5. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to spend as much time as possible with each parent on an equal basis. The Father indicated that he works during alternating weeks at night and would be available to provide care for the Child during the day as an alternative to childcare. The Father denied the Mother's allegations concerning his refusal to allow contact with the Child over the past month and indicated instead that prior to his period of custody the Mother did not allow him to see the Child for extended periods. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter as requested by the Mother and providing for temporary custody arrangements pending the hearing which reflect the parties' discussions at the conference. It is anticipated that the hearing will require one-half day. 3, apco$ Date Dawn S. Sunday, Esquir Custody Conciliator KELLI D. MINGO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. CUSTODY DETRELL J. BROWN No. 2008-2179 Defendant PETITION FOR CIVIL CONTEMPT FOR WILLFUL DISOBEDIENCE OF CUSTODY ORDER This Petition of Detrell J. Brown, father and defendant in this case, respectfully represents: 1. That on April 29, 2008, the honorable Kevin A. Hess, Judge of the Cumberland County Court of Common Pleas, issued an Order of Court granting both parents in this case shared legal and physical custody of the following minor child on a week-on, week-off basis: D'Nia T. Mingo, born October 24, 2006 Attached hereto as Exhibit "A" is a true and complete copy of this Order. 2. According to this Order, father's first custody period was to begin on Sunday, April 27' at 7:00 p.m. However, mother was not present when father arrived at her home at that time, and mother's parents, with whom she lives, refused to deliver the child to father, thus depriving him of his assigned period of custody. 3. On May 6, 2008, when father arrived at mother's home to begin his next assigned period of custody, mother had left a note on her front door saying the child was at her mother's place of employment, Super 6 Motel on Harrisburg Pike in Carlisle, and that father should drive there if he wanted the child. Father had to call for directions, and drive to Carlisle to pick up the child for his assigned custody period. 4. At no time did mother, who has father's telephone number, bother to call to inform him that the child would not be available at her home, in flagrant violation of the Order. WHEREFORE, Petitioner requests this honorable Court to hold mother in contempt of court for wilfully defying the Custody Order, and direct mother henceforth to comply with the Order in all respects without further delay, or face a reduction in her custody rights. Petitioner also requests that mother be ordered to pay the costs, reasonable attorney fees and lost wages arising from this contempt action or face incarceration in the Cumberland County Prison for her failure to do so. I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. §4904, relating to unsworn falsification to authorities. Date: S' 12.' C)a by: Det 1 J. Brown, Father/Petitioner -2- KELLI D. MINGO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DETRELL J. BROWN Defendant 2008-2179 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ?Qna 2008, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: I . A hearing is scheduled in Courtroom Number of the Cumberland County Courthouse on the 1? . day of _, 2008 at jWR.m., at which time testimony will be taken. For purposes of the hearing the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, or a party pro se, shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending the hearing scheduled in this Order and further Order of Court, the parties shall have shared legal and physical custody of the Child in accordance with the following alternating weekly schedule: A. The Mother shall have custody of the Child from April 23, 2008 atw7:00 p.m. through Sunday, April 27, 2009 at 7:00 p.m., the Father shall have custody of the Child from April 27, at 7:00 p.m. through Tuesday, April 29, 200Sbetween 7:00 p.m. and 8:00 p.m., when the Mother's first alternating week of custody shall begin. B. Thereafter, during alternating weeks, the Mother shall have custody of the Child from Tuesday between 7:00 and 8:00 p.m. until the following Tuesday at 9:30 a.m. The Father shall have custody of the Child during alternating weeks beginning May 6. 2008 from Tuesday at 9:30 a.m. through the following Tuesday between 7:00 p.m. and 8:00 p.m. p"% 3. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to pick up the Child at the other parent's residence. During exchanges of custody, the parent receiving custody shall remain in the car while the other parent brings the Child to the car for the exchange. The parties shall conduct all exchanges of custody in a cooperative and civil manner to promote the emotional well-being of the Child. 4. In the event a party is late for an exchange of custody due to unavoidable circumstances, that party shall notify the other parent as much in advance as possible. 5. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 6. 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. 7. The temporary custody arrangements specified in this Order are entered without prejudice to either party's position as to the custodial arrangements which will best meet the Child's needs at the hearing scheduled in this Order. BY THE COURT, A&,4) cc: Monica E. Baturin, Esquire - Counsel for Mother Detrell J. Brown, Father KELLI D. MINGO VS. DETRELL J. BROWN Defendant CERTIFICATE OF SERVICE I, Detrell J. Brown, defendant in this case, do hereby certify that on this day I caused a true and complete copy of the foregoing Notice and Order to Appear and Petition for Civil Contempt to be served upon the respondent and the following attorney for respondent by personally depositing said copy in the U.S. mail at York, Pennsylvania, with first-class postage, certified mail, restricted delivery and return receipt requested postage prepaid and addressed as follows: Ms. Kelli Danielle Mingo 1445 Newtown Circle Mechanicsburg PA 17050 Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY No. 2008-2179 Plaintiff Monica E. Baturin, Esquire 2604 North Second Street Harrisburg PA 17110 by: Detrell J. Brown, Petitioner/Defendant N-j -?k C? ? ii KELLI D. MINGO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2179 CIVIL ACTION LAW DETRELL J. BROWN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 22, 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, June 16, 2008 _ 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. 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 . 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 kyV? 6Z .C W d ZZ A14 BOOZ a;?--lo-rodil KELLI D. MINGO Plaintiff vs. DETRELL J. BROWN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY No. 2008-2179 CERTIFICATE OF SERVICE 1, Detrell J. Brown, defendant in this case, do hereby certify that on this day I caused a true and complete copy of the foregoing Notice and Order to Appear and Petition for Civil Contempt to be served upon the respondent and the following attorney for respondent by personally depositing said copy in the U.S. mail at York, Pennsylvania, with first-class postage, certified mail, restricted delivery and return receipt requested postage prepaid and addressed as follows: Ms. Kelli Danielle Mingo 1445 Newtown Circle Mechanicsburg PA 17050 Date: s" ?2 -7 - D e Monica E. Baturin, Esquire 2604 North Second Street Harrisburg PA 17110 b 4DetrpeW . ?rown, PetiEiner/Defendant -? °-a ?? C-? c.? i.? cr3 R_ rr ? _? ?: ?' C ? -??? ?? °'M7 i'-^. ?,i is '?' ?,., ..K` +. JUN 1 9 2008 KELLI D. MINGO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2179 CIVIL ACTION LAW DETRELL J. BROWN Defendant IN CUSTODY ORDER OF COURT AND NOW, this z y ` day of ?i`.. 2008, upon consideration of the attached Custody Conciliation Repo d, it is ordered and directed as follows: 1. The prior Order of this Court dated April 29, 2008 shall continue in effect as modified by this Order. 2. Pending the hearing scheduled in this matter for July 10, 2008, the parties shall share having physical custody on an alternating weekly basis with the exchange to take place every week on Tuesday at 10:00 a.m. at the Hampden Township police station parking lot. cc: Monica E. Baturin, Esquire - Counsel for Mother Samuel L. Andes, Esquire - Counsel for Father BY THE COURT, 60 :9 WIV SZ Or € E 331 00- 1) 1 1 9A KELLI D. MINGO vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-2179 CIVIL ACTION LAW DETRELL J. BROWN Defendant Prior Judge: Kevin A. Hess 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 D'Nia T. Mingo October 24, 2006 Mother/Father 2. A custody conciliation conference was held on June 16, 2008, with the following individuals in attendance: the Mother, Kelli D. Mingo, with her counsel, Monica E. Baturin, Esquire, and the Father, Detrell J. Brown, who appeared without his counsel, Samuel L. Andes, Esquire. 3. This Court previously scheduled a hearing on July 10, 2008 for the purpose of establishing ongoing custody arrangements which will best meet the needs of the Children. Also in the Order scheduling the hearing, a temporary custody schedule is set forth under which the parties share physical custody of the Child on an alternating weekly basis pending the hearing. The Father filed this Petition for Contempt alleging that the Mother failed to make the Child available for exchanges of custody under that Order. It should also be noted that on May 15, 2008, a Protection from Abuse Order was entered at the Mother's request (by agreement, no admission), prohibiting contact between the parties except as necessary for custody exchanges. 4. The parties have no parenting relationship and no ability to communicate with each other resulting in repeated disputes, misunderstandings and conflicts concerning the custodial arrangements. As there is no testimony provided at conciliation conferences, it was difficult to determine what actually happened on the dates which are the subject of the Father's Petition for Contempt. However, it does appear that at least on the first date, April 27, 2008, the Mother altered the custody arrangement a , 4 without the Father's agreement resulting in the loss of a week of the Father's custodial time. It is less clear what happened on the other dates and it will be necessary for the Court to address this issue, as well as any imposed consequences or make-up time, at the hearing on July 10, 2008. 5. The parties agreed to adjust the temporary custody schedule pending the hearing so that exchanges of custody take place every Tuesday at 10:00 a.m., which accommodates the parties' changed work schedules and should reduce some of the conflict. 6. The Father's position on the contempt issues is as follows: the Father believes that the Mother is intentionally withholding custody of the Child and has contacted the police on more than one occasion to interfere with his ability to have custody. The Father denies that he is late for custody exchanges. He believes that the conflict results from the Mother's lack of cooperation and disregard for his custodial rights. 7. The Mother's position on the contempt issues is as follows: the Mother alleges that the Father has been late for every exchange of custody which has resulted in her inability to exchange custody at the scheduled times because of her work schedule. On other occasions, the Mother indicated that the custody schedule was disrupted due to the Child's need to go to the doctor and also the Father's arrest on pending charges unrelated to the custody situation. 8. As a hearing is already scheduled in this matter for July 10, 2008, the conciliator recommends an Order in the form as attached providing for the agreed-upon adjustment to the temporary custody schedule. The remaining issues regarding the Father's Petition for Contempt including the scheduling of make-up periods of custody and imposition of penalties, if appropriate are referred to the Court to be addressed at the hearing. Date Dawn S. Sunday, Esquire Custody Conciliator KELLI D. MINGO, IN THE COU OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CASE NO.: 2108-2179 DETRELL J. BROWN, CIVIL ACTIO - LAW Defendant IN CUSTODY Please withdraw my appearance on behalf of the Kelli D. Mingo, in the above- captioned matter. Date: December 3, 2008 B ;. Baturin, Esquire Baturin Law Offices I.D.# 73356 th Second Street g, PA 17110 k2427 Please enter my appearance as Pro Se in the 2604 N (717) matter. Date: December 1,2008 Kdllf D. Mingo c? ..rs .?-^ ?.;-; ;-;. ' ?? "?; ?.a:. "" `