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HomeMy WebLinkAbout08-4799Albert Hall, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Nakeya Adams, Defendant : NO. D-K` q79 9 CIVIL TERM COMPLAINT FOR CUSTODY Plaintiff, Albert Hall, by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. Plaintiff is Albert Hall, residing at 170 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Nakeya Adams, residing at 1387 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks shared legal and physical custody, or in the alternative, shared legal custody and partial physical custody of. Name Present Residence Age Elijah Hall 1387 Grandview Court, Carlisle, PA 17013 1 month The child was born out of wedlock. The child is presently in the custody of Nakeya Adams, who resides at 1387 Grandview Court, Carlisle, PA 17013. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Nakeya Adams 1387 Grandview Court, Carlisle, PA 07/02/08 - Present The mother of the child is Nakeya Adams. She is single. The father of the child is Albert Hall. He is single. 4. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with the following persons: Name Relationship to Plaintiff Amanda Nicholson Girlfriend Maliek Hall Son 5. The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Relationship to Defendant Ashana Reyes Daughter Elijah Hall Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff wants to play an active role in the child's life. b. Defendant has not allowed Plaintiff adequate time with the child. c. Plaintiff will provide the child with appropriate moral, emotional, and physical surroundings as required to meet the child's needs; d. Plaintiff has another son who resides in his household and wants to foster a sibling relationship between his sons; e. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court grant him shared legal and physical custody, or in the alternative, shared legal custody and partial physical custody of the child. Respectfully submitted, Date: U ll U Angel B dley Certified Legal Intern A ONALD- Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Albert all, Plaintiff -i- 21 S C {_. Yi Albert Hall, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Nakeya Adams, Defendant NO. 08 - YOCIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Albert Hall, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma paupejis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date 4? t v? Angel Bradley Certified Legal Intern ////'1 ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 r?s T 4 a7 Albert Hall, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY Nakeya Adams, Defendant NO. 08 - 4799 CIVIL TERM CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Nakeya Adams, residing at 1387 Grandview Court, Carlisle, Pennsylvania 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Nakeya Adams, on the 12th day of August 2008 as evidenced by the attached green card. 0,4t4d 1?1 4?w Angel Bradley Certified Legal Intern Anne N?a nald-Fox Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 N C= i;y j C) • Prkd-Y?r rs? ?? fRe 4wrf¦r? ' so tlNt ww a1p felde? tie o? ? ¦ ? t9?F mo ?l+e t+?ak a[ the till. or on the *wd N $ POW "WORL 1. AM* Ad*M Wod IM /Y"4* Qd4AW5 l 3 '*7 fidyte v it yiw ~oowpy a d iri b&w: AWt 0 OAS a ? I A 1 7° IS "old owhmy -l;I-oS O No p p d A fk.aun Fkx* t for Mlwdwdkb 0 kouwd mmN D C.". 4. Rid D.NV.tY'+ 2. ML-9- u. ._..Y 7008 1140 0001 6164 7811 I?lAdtlw ?I?IIM?t dMO?Ms1Me?Mrt ?as+o AU618 200, Albert Hall, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Nakeya Adams, Defendant NO. 08 - YOCIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Albert Hall, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date '0 11 ( )'Z) Angel Bradley Certified Legal Intern 1111A / ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 na 7i' _ A?)- 4 ?, ALBERT HALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4799 CIVIL ACTION LAW NAKEYA ADAMS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 19, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 12, 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. 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/ Hubert X. Gilroy, 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 X-ol CZY? )y --so- )OP;7-? s ?y 'P91 61 gal I ALBERT HALL, Plaintiff vs. NAKEYA ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.-4799 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Elijah Hall, born July 2, 2008 2. A Conciliation Conference was held on September 18, 2008, with the following individuals in attendance: The mother, Nakeya Adams, who appeared with her counsel, Sean Shultz, Esquire, and the father, Albert Hall, with his counsel, Student Attorney Angel Bradley of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. Date: September Z2_' 2008 Hubert X. Gilroy squire Custody Conci ator E7 _ -r! `? cn Z;r t;r- ,?` fV f"' C ? ? ` . ?+ Tu.` ??.! 6!. ?«.: ?` C? iV ??? ?Wl? i •'?' .,, -C SEp 2 3 2008 Cy ALBERT HALL, Plaintiff vs. NAKEYA ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO.-2684-4799 IN CUSTODY COURT ORDER AND NOW, this'd day of 9-0? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Nakeya Adams, and the father, Albert Hall, shall enjoy shared legal custody of Elijah Hall, born July 2, 2008. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On every Saturday and Sunday from noon until 3:00 p.m., unless the parties agree to another time schedule; and B. At such other times as the parties agree. 4. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Thursday, October 16, 2008, at 8:00 a.m. Assuming at that telephone conference that things have been going well with respect to Father visiting the minor child, it is anticipated that Father's periods of temporary custody shall be expanded on the weekends and ultimately to work into overnights. In the event there are any problems with the custody arrangement, counsel for either party may contact the Conciliator directly to schedule a telephone conference sooner than the date scheduled in order for the Conciliator to address thos issues. BY THE COURT, Judge cc: ,Aean Shultz, Esquire ,Angel Bradley, Certified Legal Intern o?? ? ms's " r ? ' , 4.... . •, j?y ? ?? 1./ 1 ' NOV! ? 4 2006 ALBERT HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NAKEYA ADAMS, NO. 2008-4799 Defendant IN CUSTODY i COURT ORDER AND NOW, this J day of November, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse day of Quvw `Pr( , 2008, at I - 3 d on the _ 110- 4-.m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, each party's position on these issues, a list of witnesses who will be called to testify, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of September 25, 2008, shall remain in place except that Father's periods of temporary custody on every Saturday and Sunday shall be expanded from 9:00 a.m. until 6:00 p.m. 3. In the event legal counsel for either party feels that another custody conciliation prior to the scheduled hearing may help resolve the case, legal counsel for the parties may contact the Custody Conciliator directly to schedule such a conference. 4. In light of the fact that the Mother has a PFA currently pending against the Father and in an effort to ensure that there are no issues in this case, exchange of custody shall take place at the parking lot of the Borough of Carlisle Police Department with the Mother delivering the child there at the beginning of the periods of custody for pick up by the Father and the Father delivering the child there at the end of his period of custody for pick up by the Mother. Edgar B. Bayley, Judge cc: Sean Shultz, Esquire Angel Bradley, Certified Legal Intern y -' '''`?`?'?` ?? ?? r 0 c"ll M-- L U CO :D C3 O ld GL s Z) c r.+ ALBERT HALL, Plaintiff vs. NAKEYA ADAMS, Defendant Prior Judge: The Honorable Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-4799 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Elijah Hall, born July 2, 2008 2. A conciliation conference was held on November 13, 2008, with the following individuals in attendance: The mother, Nakeya Adams, who appeared with her counsel, Sean Shultz, Esquire, and the father, Albert Hall, with his counsel, Student Attorney Angel Bradley of the Dickinson School of Law Family Law Clinic. 3. The Conciliator conducted a prior conciliation in September and also had a telephone conference conciliation with the attorneys in October. This is a situation where the Mother will not agree to the Father having any type of overnight visitation, and, accordingly, a hearing is required to address that issue. 4. The Father's custody with the child started in September at three hours per day on Saturdays and Sundays, and the Conciliator expanded that to six hours per day after the telephone conference with legal counsel in October. Although the Conciliator will not address the issue of overnights because that matter needs to be considered by the Court at a hearing, the Conciliator does not see any reason why there should not be some additional time for the Father. In fact, the Father exercising more time with the child may help alleviate some of Mother's anxiety in connection with agreeing to overnights. The Conciliator recommends an Order in the form as attached. Date: November 11--, 2008 Hubert X. Gilroy, Esquir Custody Conciliator ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW NAKEYA ADAMS, : NO. 2008 -4799 Defendant : IN CUSTODY ORDER OF COURT AND NOW, this?% day of November, 2008, with the consent of legal counsel for both parties, the Custody Hearing in this matter is rescheduled from December 1, 2008 at 1:30 p.m. to February 5, 2009 at 1:30 p.m. Pending the rescheduled Custody Hearing or further Order of Court, the Court Order of November 18, 2008 shall remain in full force and effect. nv rPTm n 111-2 Date ?.. r?s rs? ' c? ?° 1,!.7 r ? ? r.` `,? i ;'_ - ??- ,.? L.!._ 1?_ ? C?:J ? N ? fy,? .? ?, ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08-4799 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The Petitioner, Plaintiff Albert Hall, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Defendant/Respondent, Nakeya Adams, in contempt of the Custody Court Order of November 13, 2008. In support of his Petition, Petitioner states as follows: 1. On September 25, 2008, The Honorable J. Edgar Bayley, entered an Order awarding Albert Hall (Father), and Nakeya Adams (Mother) shared legal custody of the minor child, Elijah Hall, and awarding Mother primary physical custody and Father periods of temporary physical custody of the child. A copy of the Order is attached to this Petition as Exhibit "A". 2. Under the September 25, 2008 Order, Father was to exercise periods of partial physical custody as follows: a. Every Saturday and Sunday from noon until 3:00 p.m., unless the parties agree to another time; and b. At such other times as the parties agree. 3. On October 16, 2008, after a telephone conference with Custody Conciliator Hubert Gilroy, Esq. and counsel for the parties, Father's periods of physical custody were expanded as follows: a. Every Saturday and Sunday from noon until 6:00 p.m., unless the parties agree to another 6 hour time block. 4. Per Court Order dated November 13, 2008 (copy attached as Exhibit "B") , Father's partial custody periods were further expanded, and Father was to exercise periods of partial physical custody as follows: a. Every Saturday and Sunday from 9:00 a.m. until 6:00 p.m., unless the parties agree to another time; and b. At such other times as the parties agree. 5. Mother has willfully failed to abide by this Court's Orders dated September 25, 2008 and November 13, 2008 in that: a. Mother has repeatedly refused to allow Father to exercise his periods of temporary physical custody of the child. b. On most occasions, when Father has gone to the designated exchange point to pick up the minor child, Mother and the minor child have not arrived. Father was unable to exercise his custodial periods with his infant son. Specifically, Mother has failed to abide by the Order in the following ways: i.) In the month of November, Mother failed to comply with the Order on the 15th, 22nd, 23`d, 29th, and the 30th. Mother failed to appear with the child for the custody exchange. ii.) In the month of December, Mother failed to comply with the Order on the 6th, 7`h, 13`h, 14th, 20th, 21St, 27`h, 28`h Mother failed to appear with the child for the custody exchange. iii.) In the month of January, Mother failed to comply with the Order on the 3`d, 4th, 10th, 11th, 24th, and the 25th. Mother failed to appear with the child for the custody exchange. iv.) Although this Court's Orders have provided a gradually expanding partial custody schedule for Father to bond with and learn to know his infant son, Mother has willfully thwarted that growing relationship through her failure to provide the child to Father for at least 215 hours of the 258 hours given to Father by the Court. 6. Defendant's counsel Sean Shultz, Esq., is aware that Plaintiff intended to file a Petition for Civil Contempt against his client Nakeya Adams. 7. The Honorable Judge Edgar Bayley is assigned to this case. WHEREFORE, Father requests that: a. Mother be found in contempt of this Court's Orders regarding Custody; b. Mother be ordered to strictly comply with the Orders dated September 25, 2008 Order and November 13, 2008 as well as any further Order of Court; C. Father be awarded additional custody time to compensate for the wrongful deprivation of custodial time; d. Mother be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa.C.S. § 4346; e. Father's Petition for Civil Contempt for Disobedience of a Partial Custody Order shall be addressed at the Custody Hearing scheduled before the Honorable Judge Edgar Bayley on February 5, 2009 at 1:30; and f. Other relief as the Court deems appropriate. Respectfull Date:- I /7-q In Ct Karen Fern an dez Certified Legal Ii obert Rains, Esq. Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Albert Hall Plaintiff/Petitioner I i SEP 2 3 2008 6 ALBERT HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NAKEYA ADAMS, NO. 2004-4799 Defendant IN CUSTODY COURT O ER AND NOW, this day of , 2008, upon 'JJ FN L consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The mother, Nakeya Adams, and the father, Albert Hall, shall enjoy shared legal custody of Elijah Hall, born July 2, 2008. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On every Saturday and Sunday from noon until 3:00 p.m., unless the parties agree to another time schedule; and B. At such other times as the parties agree. 4. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Thursday, October 16, 2008, at 8:00 a.m. Assuming at that telephone conference that things have been going well with respect to Father visiting the minor child, it is anticipated that Father's periods of temporary custody shall be expanded on the weekends and ultimately to work into overnights. In the event there are any problems with the custody arrangement, counsel for either party may contact the Conciliator directly to schedule a telephone conference sooner than the date scheduled in order for the Conciliator to address those issues. BY THE COURT, cc: Sean Shultz, Esquire Angel Bradlcy, Certified Legal Intern TRUE 0N)Y FROM REC06 In Testimony ,•;411-x;-iA I hcTa unto set mp hand seal of said Cour arlisl , P1t„ .....4. day of, r. MAO . rothonotai s ALBERT HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYL VAN IA n C o vs. CIVIL ACTION - LAW - - crs ? . cl i _ NAKEYA ADAMS, NO. 2004-4799 r: ^? ? 7 `? Defendant IN CUSTODY rte- r ? y`- lp =- 5'C. C_- v Cri CONCILIATION CONCILIATION CONFERENCE SUMMARY REPORT J .? IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Elijah Hall, born July 2, 2008 2. A Conciliation Conference was held on September 18, 2008, with the following individuals in attendance: The mother, Nakeya Adams, who appeared with her counsel, Sean Shultz, Esquire, and the father, Albert Hall, with his counsel, Student Attorney Angel Bradley of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. Date: September, 2008 Hubert X. Gilroy, 'Esquire Custody Conciliator NOV 14 2008 ? ALBERT HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NAKEYA ADAMS, NO. 2008-4799 Defendant IN CUSTODY COURT ORDER AND NOW, this / f i day of November, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the__ /,y- day of , 2008, at / : 30 4-.m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, each party's position on these issues, a list of witnesses who will be called to testify, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of September 25, 2008, shall remain in place except that Father's periods of temporary custody on every Saturday and Sunday shall be expanded from 9:00 a.m. until 6:00 p.m. 3. In the event legal counsel for either party feels that another custody conciliation prior to the scheduled hearing may help resolve the case, legal counsel for the parties may contact the Custody Conciliator directly to schedule such a conference. 4. In light of the fact that the Mother has a PFA currently pending against the Father and in an effort to ensure that there are no issues in this case, exchange of custody shall take place at the parking lot of the Borough of Carlisle Police Department \\ ith the Mother delivering the child there at the beginning of the periods of custody for pick up by the Father and the Father delivering the child there at the end of his period of custody for pick up by the Mother. BY THE COURT, Edgar B. Bayley, Judge cc: Sean Shultz, Esquire Angel Bradley, Certified Legal Intern UE FY F MM RECORD Talsimony wheiad, I two unto set my harse :S the seal of said Court at Ca *W. P& ni&:? -day Prathotatsr?t ALBERT HALL, Plaintiff vs. NAKEYA ADAMS, Defendant Prior Judge: The Honorable Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-4799 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Elijah Hall, born July 2, 2008 2. A conciliation conference was held on November 13, 2008, with the following individuals in attendance: The mother, Nakeya Adams, who appeared with her counsel, Sean Shultz, Esquire, and the father, Albert Hall, with his counsel, Student Attorney Angel Bradley of the Dickinson School of Law Family Law Clinic. 3. The Conciliator conducted a prior conciliation in September and also had a telephone conference conciliation with the attorneys in October. This is a situation where the Mother will not agree to the Father having any type of overnight visitation, and, accordingly, a hearing is required to address that issue. 4. The Father's custody with the child started in September at three hours per day on Saturdays and Sundays, and the Conciliator expanded that to six hours per day after the telephone conference with legal counsel in October. Although the Conciliator will not address the issue of overnights because that matter needs to be considered by the Court at a hearing, the Conciliator does not see any reason why there should not be some additional time for the Father. In fact, the Father exercising more time with the child may help alleviate some of Mother's anxiety in connection with agreeing to overnights. 5. The Conciliator recommends an Order in the form as attached. Date: November' , 2008, Hubert X. Gilroy, Esquire' Custody Conciliator ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW NAKEYA ADAMS, : NO. 2008 -4799 Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ,1y -day of November, 2008, with the consent of legal counsel for both parties, the Custody Hearing in this matter is rescheduled from December 1, 2008 at 1:30 p.m. to February 5, 2009 at 1:30 p.m. Pending the rescheduled Custody Hearing or further Order of Court, the Court Order of November 18, 2008 shall remain in full force and effect. BY THE COURT: iJ 2?, G S' Date ?s P. . RUE Copy FROIVI Mr ;'J the! t 'sof, t twe wita set my ham`,. z d Court at Mists, P. ?o I s ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW NAKEYA ADAMS, : NO. 2008 -4799 . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of November, 2008, with the consent of legal counsel for both parties, the Custody Hearing in this matter is rescheduled from December 1, 2008 at 1:30 p.m. to February 5, 2009 at 1:30 p.m. Pending the rescheduled Custody Hearing or further Order of Court, the Court Order of November 18, 2008 shall remain in full force and effect. BY THE COURT: Date P.J. TRUE COPY FROM RECORD `n T t ogwhered, I here unto set my harvi cl the of said Court at Carlisle. P. rkidk -1 (1 Asw -to Prc?th?r?r?t? •? '' . - ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08 - 4799 CIVIL TERM CERTIFICATE OF SERVICE I, Karen Fernandez , hereby certify that I am serving a true and correct copy of the Petition for Civil Contempt for Disobedience of Partial Custody Order on Nakeya Adams through her counsel of record, Sean Shultz, Esq. by sending it this date via first class United States Mail addressed as follows: Sean Shultz, Esq. Knight & Associates 11 Roadway Drive, Suite B Carlisle, PA 17013 Date: 1-a Karen Fernandez Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 I'M 3 0 209 c, ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant :NO. 08-4799 CIVIL TERM ORDER OF COURT AND NOW, this ii day of , 2009, upon consideration of the attached petition, it is hereby directed that Plaintiff's Petition for Civil Contempt for Disobedience of Partial Custody Order be addressed at the Custody Hearing before Honorable Judge Edgar Bayley on February 5, 2009 at 1:30 p.m. l AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. ?" -?, ? ??-•`' nrI ? J 1 c ; ` ?--- ...? ?r .. ? ? ?_.;.y. ..,?? w'.? --^^ ?! k ?.5..? I ?. :{"';? `O ALBERT HALL, Plaintiff V. NAKEYA ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4799 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of February, 2009, this matter having been called for a hearing this date on both the merits of the proceeding which the parties have settled and will present a court order to the Court, and on a petition of father to hold mother in civil contempt and father being willing to continue generally the contempt proceeding, IT IS ORDERED that the contempt proceeding is continued generally this date to the call of either party. r; B the Co , WA Edgar B. B yley, ? Karen Fernandez Certified Legal Intern Anne MacDonald-Fox, Esquire For Plaintiff ZSean M. Shultz, Esquire For Defendant prs CIO 1'es a?s?o9 i ?- CL- '1 _ to a _r cr% AD ?k ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-4799 CIVIL TERM NAKEYA ADAMS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 'day of March, 2009, the parties having reached an agreement to resolve their custody issues, the following Order of Court is entered: 1. Nakeya Adams (Mother) and Albert Hall (Father) shall share legal custody of their child, Elijah Hall, born July 2, 2008. Major decisions concerning the child including, but not limited to, his 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. 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 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. Section 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 4 K 2. Mother shall have primary physical custody of the child. Father shall have periods of partial physical custody of the child as follows: a. Every other weekend beginning February 6, 2009, from Friday at 7:30 p.m. to Monday 7:30 am. b. On his custodial Fridays, Father shall pick up the child across the street from Mother's home, 1387 Grandview Court, Carlisle, Pennsylvania, at 7:30 p.m. A neutral party will bring the child out to Father's vehicle. c. Father shall return child on Monday at 7:30 a.m. to the same location across the street from Mother's home, and a neutral party will take the child from Father and return the child to Mother. 3. Holidays: a. Father shall have custody of the child on Father's Day, from 10:00 a.m. until 7:30 p.m. Mother shall have custody of the child on Mother's Day, from 10:00 a.m. until 7:30 p.m. b. Mother and Father shall share custody of the child for Thanksgiving, with Mother having custody Thanksgiving Day until 7:30 p.m. and Father having custody from 7:30 p.m. on Thanksgiving Day until the following day at 9:00 a.m. c. Mother shall exercise custody of the child on Christmas Eve starting at 9:00 a.m. until Christmas Day at 7:30 p.m. Father shall exercise custody of the child on Christmas Day from 7:30 p.m. until the following day at 7:30 a.m. unless the day after Christmas falls on a weekend day, in which case Father will keep the child until 7:30 p.m. w d. Mother shall have custody of the child on New Years Eve from 7:30 p.m. until New Years Day at 10:30 a.m. e. Mother shall have custody of the child every Easter Sunday from 10:00 a.m. until 7:30 p.m. Every year, Father shall exercise custody of the child on Easter weekend from 10:00 a.m. until 6:00 p.m. on Saturday. f. The holiday schedule above shall supersede the party's normal custody schedule outlined in paragraph 2. g. Other holidays shall be shared as agreed by the parties. 4. Neither parent will do anything that may estrange the child from the other party, or injure the opinion of the child as to the other parent, or that may hamper the free and natural development of the child's love and respect for the other parent. Neither parent will allow any third party to do anything that may estrange the child from the other party. 3 CL- u- cr, J CJ cv ? ?? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT HALL, Plaintiff No. 2008-4799 vs. NAKEYA ADAMS, Defendant IN CUSTODY CIVIL ACTION - LAW MOTION TO WITHDRAW AS COUNSEL OF RECORD NOW comes Sean M. Shultz, Esquire, attorney for Defendant, and presents this Motion to Withdraw as Counsel of Record, representing as follows: 1. Movant is Sean M. Shultz, Esquire, attorney for Defendant, with offices at 11 Roadway Drive, Suite B, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is Nakeya Adams, an adult individual whose last known address is 1387 Grandview Court, Carlisle, Pennsylvania 17013. 3. Defendant was referred to Movant by MidPenn Legal Services on August 20, 2008. 4. The parties were engaged in a custody proceeding. 5. A hearing was held on February 5, 2009, and Order was entered on March 11, 2009, in this matter. 6. Moreover, Movant cannot effectively represent Defendant and Movant wishes to terminate his representation of Defendant. 7. Movant wishes to withdraw his appearance as Defendant's counsel of record. 8. As there is currently no hearing pending, withdrawal can be accomplished without material adverse effects on the interests of Defendant. 9. The Honorable J. Edgar B. Bayley has been assigned to this matter. 10. Pursuant to C.C.R.P. 206(2), Movant has sought concurrence from opposing counsel, Karen Fernandez, certified legal intern, of the Family Law Clinic, attorney for the Plaintiff, and she has no objection to the request for leave to withdraw. It. Movant has consulted with Lynn Knight of the pro bono referral service, Mid-Penn Legal Services, and they will reconsider Defendant for a new pro Bono appointment if necessary. Defendant has been advised that she would need to seek a new assignment of counsel should she have any custody issues in the future. WHEREFORE, Movant requests your Honorable Court to provide leave of Court and Order that Movant is withdrawn as counsel of record for Defendant, Nakeya Adams. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Movant VERIFICATION The foregoing Motion is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. Date: 40% Sean M. Shultz, Esquire Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT HALL, No. 2008-4799 Plaintiff : VS. IN CUSTODY NAKEYA ADAMS, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 194:?'day of April, 2009, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Motion to Withdraw as Counsel of Record by first class, United States Mail, postage pre-paid, addressed as follows: Karen Fernandez Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Nakeya Adams 1387 Grandview Court Carlisle, Pennsylvania 17013 Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Movant t 2003 AP? 1 5 Pia 112: 20 '.:r ?' _ 21,. APR 16 ZDp90) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALBERT HALL, Plaintiff vs. NAKEYA ADAMS, Defendant : No. 2008-4799 IN CUSTODY CIVIL ACTION - LAW ORDER OF COURT NOW, this A- -- day of April, 2009, upon consideration of the Motion of Sean M. Shultz, Esquire, to withdraw as counsel of record for Defendant, Nakeya Adams; Sean M. Shultz, Esquire is hereby withdrawn as counsel of record for Defendant, Nal c o?% C'j cr, V `.V ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08-4799 CIVIL TERM AMENDED PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The petitioner, Albert Hall, by and through his counsel, the Family Law Clinic, hereby brings this Amended Petition for Civil Contempt and respectfully requests that this Court find Defendant/Respondent, Nakeya Adams, in contempt of the September 25, 2008 and March 11, 2009 Court Orders. In support thereof, Petitioner states as follows: 1. The petitioner is Albert Hall ("Father"), an adult individual who resides at 170 West North Street, Carlisle, Pennsylvania 17013. 2. The respondent is Nakeya Adams ("Mother"), an adult individual who resides at 1387 Grandview Court, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of Elijah Hall, born July 2, 2008. 4. On September 25, 2008, the Honorable J. Edgar Bayley, entered an Order awarding Father and Mother shared legal custody of the minor child, Elijah Hall, and awarding Mother primary physical custody and Father periods of temporary physical custody of the child. A copy of the Order is attached to this Amended Petition as Exhibit "A". 5. As evidenced in the Petition for Civil Contempt for Disobedience of a Partial Custody Order filed January 29, 2009 attached to this Amended Petition as Exhibit "B", Father has alleged that Mother willfully violated the September 25, 2008 Court Order. 6. Father repeats and realleges the allegations contained in the Petition for Civil Contempt for Disobedience of a Partial Custody Order filed January 29, 2009. 7. On February 5, 2009, prior to a scheduled hearing, Mother and Father were able to reach an agreement as to custody. A copy of the February 5, 2009 Order is attached to this Petition as Exhibit "C". 8. The parties agreement was reduced to writing, and The Honorable J. Edgar Bayley entered an Order March 11, 2009, awarding Father and Mother shared legal custody of the minor child, Elijah Hall, and awarding Mother primary physical custody and Father periods of temporary physical custody of the child. A copy of the Order is attached to this Order as Exhibit "D". 9. The March 11, 2009 Order further expanded Father's periods of the partial custody. Father was to exercise periods of partial physical custody as follows: a. Every other weekend beginning February 6, 2009, from Friday at 7:30 p.m. to Monday 7:30 a.m. and b. Additional periods of partial custody on holidays. 10. Mother has willfully failed to abide by the Current Order in that she has engaged in a course of conduct that interferes with Father's periods of partial custody by failing to make Elijah available to Father during his scheduled custody periods. 11. On March 6, 2009, Mother denied Father his weekend custody of Elijah in violation of paragraph 2(a) of the Order. Father arrived at the designated pick-up location and was refused access to Elijah. 12. On March 20, 2009, Mother denied Father his weekend custody of Elijah in violation of paragraph 2(a) of the Order. Father arrived at the designated pick-up location and was refused access to Elijah. 13. On April 3, 2009, Mother denied Father his weekend custody of Elijah in violation of paragraph 2(a) of the Order. Father arrived at the designated pick-up location and was refused access to Elijah. 14. On April 17, 2009, Mother denied Father his weekend custody of Elijah in violation of paragraph 2(a) of the Order. Father arrived at the designated pick- up location and was refused access to Elijah. 15. Mother has stated to Father that due to Elijah's asthmatic condition he is not to leave Mother's home. However, Father has seen Mother out with child on several occasions. Recommendations by Doctors showing Elijah was not to leave the home have yet to be proven or shown, even after Fathers requested that information from Mother's counsel and the physicians themselves. 16. Father requested records directly from the Carlisle Regional Medical Center and Sadler Clinic in order to further understand Elijah's condition. 17. Father has received Nebulizer Training to better care for Elijah during his' periods of physical custody. 18. Father filed the first Petition for Civil Contempt for Disobedience of a Custody order on January 29, 2009, and the matter was addressed at the Custody Hearing before the Honorable J. Edgar Bayley, where it was Ordered that the contempt proceeding be continued generally to the call of either party. A copy of the Order is attached to this Order as Exhibit "C". WHEREFORE, Petitioner requests that: a. A hearing be scheduled to address Father's pending Petition for Civil Contempt for Disobedience of a Partial Custody Order filed January 2.9, 2009 and his Amended Petition for Civil Contempt for Disobedience of a Partial Custody Order filed May 6, 2009. b. Mother be held in contempt of the Court's Order of Custody of September 25, 2008 and March 11, 2009 and be subject to all available punishments prescribed by 23 Pa C.S. Section 4346 which includes: (1) Imprisonment for a period not to exceed six months, (2) a fine not to exceed $500, (3) probation for a period not to exceed six months and (4) an order for nonrenewal, suspension or denial of operating privileges; C. Father be awarded additional custodial time to compensate for the wrongful deprivation of his custodial time; d. Father be awarded such other relief as the Court deems appropriate. Date: ',S:/, Respectfully submitted, / karen Fernandez Certified Legal Intern ANNE CDONALD- Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION 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 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: J /C.., AO Albert Hall Petitioner ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08-4799 CIVIL TERM CERTIFICATE OF SERVICE I, Karen Fernandez, hereby certify that I am serving a true and correct copy of the Petition for Amended Civil Contempt for Disobedience of Custody Order on Nakeya Adams, 1387 Grandview Court, Carlisle, Pennsylvania 17013, by depositing it in first class U.S. mail, postage paid this 6 h day of May 2009. K Date: 5 -o&41"bk)/v\'J , L1 Karen Fernandez ?t Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 SEP 2 3 2008 ? ALBERT HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NAKEYA ADAMS, NO. 2004-4799 Defendant IN CUSTODY COURT OR ER AND NOW, this day of , 2008, upon -A a " ?. ? 'i consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: I . The mother, Nakeya Adams, and the father, Albert Hall, shall enjoy shared legal custody of Elijah Hall, born July 2, 2008. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On every Saturday and Sunday from noon until 3:00 p.m., unless the parties agree to another time schedule; and B. At such other times as the parties agree. 4. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Thursday, October 16, 2008, at 8:00 a.m. Assuming at that telephone conference that things have been going well with respect to Father visiting the minor child, it is anticipated that Father's periods of temporary custody shall be expanded on the weekends and ultimately to work into overnights. In the event there are any problems with the custody arrangement, counsel for either party may contact the Conciliator directly to schedule a telephone conference sooner than the date scheduled in order for the Conciliator to address those issues. BY THE COURT, cc: Sean Shultz, Esquire Angel Bradley, Certified Legal Intern TRUE Cf)PY FROM REC01 b In Testimony ?,+i : { c,;t, I kTa junto set fm Land ALBERT HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA o vs. CIVIL ACTION - LAW - - s Mr, ... r* -V ? ,-rr NAKEYA ADAMS, NO. 2004-4799,: N Defendant IN CUSTODY r -a 5>C rv CONCILIATION CONFERENCE SUMMARY REPORT. -c IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Elijah Hall, born July 2, 2008 2. A Conciliation Conference was held on September 18, 2008, with the following individuals in attendance: The mother, Nakeya Adams, who appeared with her counsel, Sean Shultz, Esquire, and the father, Albert Hall, with his counsel, Student Attorney Angel Bradley of the Dickinson School of Law Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. 1 Date: September X_' 2008 Hubert X. Gilroyitsquire Custody Conciliator J?"N 3 v 209 or ALBERT HALL, Plaintiff V. NAKEYA ADAMS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CONTEMPT NO. 08-4799 CIVIL TERM ORDER OF COURT AND NOW, this day of?Z7 1 2009, upon t Plaintiff s Petition for consideration of the attached petition, it is hereby directed 7t, Civil Contempt for Disobedience of Partial Custody Order be addressed at the Custody Hearing before Honorable Judge Edgar Bayley on February 5, 2009 at 1:30 p.m. BY THE COURT: AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. TRUE COPY F' O K'.. Ru y?1?? tad Nd of ? a ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant :NO. 08-4799 . CIVIL TERM NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for Custody. If you wish to defend against the claim set forth in the following pages, you may, but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on at M. in Courtroom , in the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST If the court finds that you have willfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 BY THE COURT: J. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant :NO. 08-4799 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The Petitioner, Plaintiff Albert Hall, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Defendant/Respondent, Nakeya Adams, in contempt of the Custody Court Order of November 13, 2008. In support of his Petition, Petitioner states as follows: 1. On September 25, 2008, The Honorable J. Edgar Bayley, entered an Order awarding Albert Hall (Father), and Nakeya Adams (Mother) shared legal custody of the minor child, Elijah Hall, and awarding Mother primary physical custody and Father periods of temporary physical custody of the child. A copy of the Order is attached to this Petition as Exhibit "A". 2. Under the September 25, 2008 Order, Father was to exercise periods of partial physical custody as follows: a. Every Saturday and Sunday from noon until 3:00 p.m., unless the parties agree to another time; and b. At such other times as the parties agree. 3. On October 16, 2008, after a telephone conference with Custody Conciliator Hubert Gilroy, Esq. and counsel for the parties, Father's periods of physical custody were expanded as follows: a. Every Saturday and Sunday from noon until 6:00 p.m., unless the parties agree to another 6 hour time block. 4. Per Court Order dated November 13, 2008 (copy attached as Exhibit "B") , Father's partial custody periods were further expanded, and Father was to exercise periods of partial physical custody as follows: a. Every Saturday and Sunday from 9:00 a.m. until 6:00 p.m., unless the parties agree to another time; and b. At such other times as the parries agree. 5. Mother has willfully failed to abide by this Court's Orders dated September 25, 2008 and November 13, 2008 in that: a. Mother has repeatedly refused to allow Father to exercise his periods of temporary physical custody of the child. b. On most occasions, when Father has gone to the designated exchange point to pick up the minor child, Mother and the minor child have not arrived. Father was unable to exercise his custodial periods with his infant son. Specifically, Mother has failed to abide by the Order inthe following ways: L) In the month of November, Mother failed to comply with the Order on the 15", 22nd, 23`a, 29th, and the 30th. Mother failed to appear with the child for the custody exchange. ii.) In the month of December, Mother failed to comply with the Order on the 6th, 7th, 13th, 14th, 20th, 21'x, 27th, 28th. Mother failed to appear with the child for the custody exchange. iii.) In the month of January, Mother failed to comply with the Order on the P, 4'', 10th, 11`}', 24th, and the 25th. Mother failed to appear with the child for the custody exchange. iv.) Although this Court's Orders have provided a gradually i expanding partial custody schedule for Father to bond with and learn to know his infant son, Mother has willfully thwarted that growing relationship through her failure to provide the child to. Father for at least 215 hours of the 258 hours given to Father by the Court. 6. Defendant's counsel Sean Shultz, Esq., is aware that Plaintiff intended to file a Petition for Civil Contempt against his client Nakeya Adams. 7. The Honorable Judge Edgar Bayley is assigned to this case. WHEREFORE, Father requests that: a. Mother be found in contempt of this Court's Orders regarding Custody; b. Mother be ordered to strictly comply with the Orders dated September 25, 2008 Order and November 13, 2008 as well as any further Order of Court; C. Father be awarded additional custody time to compensate for the wrongful deprivation of custodial time; d. Mother be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa.C.S. § 4346; e. Father's Petition for Civil Contempt for Disobedience of a Partial Custody f. Order shall be addressed at the Custody Hearing scheduled before the : Honorable Judge Edgar Bayley on February 5, 2009 at 1:30; and Other relief as the Court deems appropriate. Date:- I /?-q Ing Certified Legal Robert Rains, Esq. Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unworn falsification to authorities. Albert Hall Plaintiff/Petitioner ALBERT HALL, IN THE COURT OF COMMON PLEAS OF .Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NAKEYA ADAMS, Defendant NO. 08-4799 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of February, 2009, this matter having been called for a hearing this date on both the merits of the proceeding which the parties have settled and will present a court order to the Court, and on a petition of father to hold mother in civil contempt and father being willing to continue generally the contempt proceeding, IT IS ORDERED that the contempt proceeding is continued generally this date to the call of either party. Karen Fernandez, Certified Leg Anne MacDonald-Fox, Esquire For Plaintiff Sean M. Shultz, Esquire For Defendant prs ,1 NOV ALBERT HALL, Plaintiff, V. NAKEYA ADAMS, Defendant s N fT I R ;O TF T OF COMMON PLEAS OF )",1/ 13E RL ',h D ( LINTY, PENNSYLVANIA NO. 08-4793 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this .'day of March, 2009, the parties having reached an agreement to resolve ;k,- r custody issues, the following Order of C{o= is is elltered: 1. Nakeya Adams (Mother) and AIK-rt Hall (I°ather) shall share legal custodv of their child, Elijah Hall, born. July 2, 20N. Major decisions concerning the child including, but not limited to, his health, welfare, education, religious training and upbringing .P S 18tl at ;d' at)lilt ? hy the ?`•iIEY'w's }tti`i i ;"( »sS,,,:1 ii:uns41 at11 n. vrA , Vlf' Inward obtaining and following zhP- or,'01- po'c; " ')e, .A1ld's best intcre,cif'" pFtity }h xli ii air the pc. s ri;!ht to sh, r°c leg4f custody, tf th It ld. Each party shall notify the other of any activity or circumstance concerning the child that co .a f r,,°isonabiy be expected to t, v is f concern to the other. Day to day decisions shall i c: the resnonsibiliry of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the -hild at the tithe of the emergency shah: be percnitted to l: ake immediate decisions ne,.' =ssitated thereby. However tt parent t, 01 inform the other of the Tmergency and consult with him or her as soon as possible. In : zeordance with 23 Pa.C.S.A. Section 5309, each party shall be entitlrJ ; ro-p t re and full information from any doc?Or, dentist, t(& i,sr, professional or ..al°rrr:.? 1 to have copies of any reports or information given to either party as a narent as authorized by statute. 2. Mother shall have primary physical custody of the child. Father shall have periods of partial physical custody of the child as fotlows: a. Every other weekend beginning February 6, 2009, from Friday at 7:30, p.m. to Monday 7:30 am. b. On his custodial Fridays, Father shall pick up the child across the street from Mother's home, 1:387 Grandview Court, Carlisle, Pennsylvania, at 7:30 p.m. A neutral party will bring the child out to Father's vehicle. c. Father shall return child on Monday at 7:30 a.m. to the same location across the street from Mother's home, and a neutral party will take the child from Father and return the e.hild to Mother. 3. Holidays: a. Father shall have custody of the child on Father's Day, from 10:00 a.m. until 7:30 p.m. Mother shall have custody of the child on Mother's Day, from 1.0:00 a.m. until 7:30 p.m. b. Mother and Father shall share custody of the child for Thanksgiving, with Mother having custody Thanksgiving Day until 7:30 p.m. and Father having custody from 7:30 p.m. on Thanksgiving Day until the following day at 9:00 a.m. c. Mother shall exercise custody of the child on Christmas Eve starting at 9:00 a.m. until Christmas Day at 7:30 p.m. Father shall exercise custody of the child on Christmas Day from 7:30 p.m. until the following day at 7:30' a.m. unless the day after Christmas falls on a weekend day, in which case Father will keep the child until 7:30 p.m. d. Mother shall have custody of the child on New Years Eve from 7:30 p.m. until New Years Day at 10:30 a.m. e. Mother shall have custody of the child every Easter Sunday from 10:00 a.m. until 7:30 p.m. Every year, Father shall exercise custody of the child on Easter weekend from 10:00 a.m. until 6:00 p.m. on Saturday. f. The holiday schedule above shall supersede the parry's normal custody schedule outlined in paragraph 2. g. Other holidays shall be shared as agreed by the parties. 4. Neither parent will do anything that may estrange the child from the other party, or injure the opinion of the child as to the other parent, or that may hamper the free and natural development of the child's love and respect for the other parent. Neither parent will allow any third party to do anything that may estrange the child from the other party. Al I NA, OF ??ntnr 109 MAY -6 PM I : I I PENNSYLVANIA ALBERT HALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NAKEYA ADAMS DEFENDANT 2008-4799 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 14, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 18, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, 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 iF HE 2009 tl! f 1 i3 1 I 2 U `yL Y Albert Hall, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA' V. CIVIL ACTION-LAW DIVORCE i Nakeya A ams, Defend t NO. 08- 4799 CIVIL TERM CERTIFICATE OF SERVICE I, y Hirakis, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court, dated May 14, 2009, on Nakeya Adams, residing at 1387 Grandview Court, Carlisle, PA 17013, by depositing a copy of the same in the United States mail regular, first class delivery, postage prepaid, on May 20, 2009. Amy s C,e/Ai' d L?e?gal Int/e/rn Megan F*smeyer, Esq. 0 Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 OF THE 4'1 i } v 2009MA'# 20 ALBERT HALL, Plaintiff V. NAKEYA ADAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 08-4799 I IN CUSTODY ENTRY OF ATTORNEY APPEARANCE I, Sheri D. Coover, Esquire hereby enter my appearance on behalf of Defendant Nakeya Adams. submitted, S ri DCoover, Esquire orney ID 93285 44 S. Hanover Street Carlisle, PA 17013 ALBERT HALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. NO 084799 NAKEYA ADAMS, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 1 l1' day of June, 2009, I caused the foregoing ENTRY OF ATTORNEY APPEARANCE to be served upon the following party by the means addressed below: Family Law Clinic 45 North Pitt Street Carlisle, PA 17031 submitted, Sh WCoover, Esquire orneyID 93285 44 S. Hanover Street Carlisle, PA 17013 OF 'PIE FROTI.'C',?()TARY 2009 JUN I ! PH 12: 3 0 PE rtv?SYLVAJIN4 I. J JUL 13 20090 ALBERT HALL, Plaintiff VS. NAKEYA ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-4799 IN CUSTODY COURT ORDER AND NOW, this 1U 1k day of July, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is schedule n Courtroom No. 2 of the Cumberland County Courthouse on the ail' day of , 2009, at /,.3D p.m. At this hearing, the two Petitions for conte filed by the Father shall be heard and the Father shall be the moving party and will proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth a history of custody in this case, the issues currently before the Court, each party's position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, the current March 11, 2009 Order shall remain in place. 3. The Father is also directed to remove cats from his home permanently by August 1, 2009, in order to address the medical issues involving the minor child. Furthermore, the Father shall ensure that cats are not near the minor child for any periods of visitation. cc: Sheri D. Coover, Esquire Ms. Amy Hirakis, Certified Legal Intern 9-1 ALBERT HALL, Plaintiff VS. NAKEYA ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-4799 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT Prior Judge: Judge Bayley IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Elijah Hall, born July 2, 2008. 2. A Conciliation Conference was held on July 10, 2009, with the following individuals in attendance: The mother, Nakeya Adams, who appeared with her counsel, Sheri D. Coover, Esquire, and the father, Albert Hall, with his student attorney, Amy Hirakis, from the Dickinson School of Law Family Law Clinic. 3. This case has been before the Conciliator and the Court previously relative to contempt allegations against the Mother. Father is suggesting that Mother is in violation of the existing Order by virtue of the fact that she has refused visitation on certain of Father's scheduled weekends. Mother denies these allegations, and indicates the minor child was in the hospital on one occasion and, on the other occasions, the Father has not shown up to take custody. 4. There was a prior Contempt Petition filed last year, and that matter was generally continued upon agreement of the parties. The Father's position is that a hearing is required and the Mother should be held in contempt in. order for Mother to understand that she must abide by the Order. The Mother's position is that she has done nothing wrong. A hearing is required. 5. The Conciliator recommends an Order in the form as attached. -7 7 Date: July 13, 2009 V ?/ Hubert X. Gilroy, squire Custody Conciliator rP Tf c F F" i,^,,,:RY 2099 J! UL Pill 41 Cl.''> r t' ? ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08-4799 CIVIL TERM PETITION TO WITHDRAW PETITIONS FOR CIVIL CONTEMPT AND VACATE ORDER Plaintiff, Albert Hall, by and through his attorneys, the Family Law Clinic, hereby requests that his Petition for Civil Contempt for Disobedience of a Partial Custody Order filed on January 29, 2009, and the Amended Petition for Civil Contempt for Disobedience of a Partial Custody Order filed on May 6, 2009, be withdrawn and that the court vacate the Order entered on July 16, 2009, scheduling a hearing to address the Petition for Civil Contempt in the above- captioned case. In support of his petition, Plaintiff avers the following: 1. Plaintiff filed a Petition for Civil Contempt for Disobedience of a Partial Custody Order with this Court on January 29, 2009. A copy of the Petition for Civil Contempt for Disobedience of a Partial Custody Order is attached as Exhibit A. 2. This Court issued an Order on February 5, 2009, that continued the Plaintiff's Petition generally to the call of either party. A copy of this Order is attached at Exhibit B. 3. Plaintiff filed an Amended Petition for Civil Contempt for Disobedience of a Partial Custody Order with this Court on May 6, 2009. A copy of the Amended Petition for Civil Contempt for Disobedience of a Partial Custody Order is attached as Exhibit C. 4. This Court issued an Order on July 16, 2009, scheduling a hearing on August 27, 2009, at 1:30 PM to address Plaintiff's Petitions. A copy of the July 16, 2009, Order is attached as Exhibit D. 5. Plaintiff does not want to pursue the contempt actions and requests that his Petitions for Civil Contempt be withdrawn and that the Order entered on July 16, 2009, be vacated. 6. Pursuant to C.C.R.P. §208.2(d), Plaintiff's counsel sought the concurrence of Defendant's counsel, Sheri Coover, Esq. Defendant's counsel concurs with this Petition. WHEREFORE, Plaintiff requests that his Petition for Civil Contempt for Disobedience of a Partial Custody Order filed on January 29, 2009, and the Amended Petition for Civil Contempt for Disobedience of a Partial Custody Order filed on May 6, 2009, be withdrawn and that the Court vacate the Order entered on July 16, 2009. d Legal Intern ?c Anne MkilmnW-Fox, Es Supervising Attorneys Resp tfully Submitted, Amy akis Certifi THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Petition are true and correct, to the best of my knowledge, information and belief. Date Albert - Halms ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08-4799 CIVIL TERM PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The Petitioner, Plaintiff Albert Hall, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Defendant/Respondent, Nakeya Adams, in contempt of the Custody Court Order of November 13, 2008. In support of his Petition, Petitioner states as follows: 1. On September 25, 2008, The Honorable J. Edgar Bayley, entered an Order awarding Albert Hall (Father), and Nakeya Adams (Mother) shared legal custody of the minor child, Elijah Hall, and awarding Mother primary physical custody and Father periods of temporary physical custody of the child. A copy of the Order is attached to this Petition as Exhibit "A". 2. Under the September 25, 2008 Order, Father was to exercise periods of partial physical custody as follows: a. Every Saturday and Sunday from noon until 3:00 p.m., unless the parties agree to another time; and b. At such other times as the parties agree. 3. On October 16, 2008, after a telephone conference with Custody Conciliator Hubert Gilroy, Esq. and counsel for the parties, Father's periods of physical custody were expanded as follows: a. Every Saturday and Sunday from noon until 6:00 p.m., unless the parties agree to another 6 hour time block. 4. Per Court Order dated November 13, 2008 (copy attached as Exhibit "B") Father's partial custody periods were further expanded, and Father was to exercise periods of partial physical custody as follows: a. Every Saturday and Sunday from 9:00 a.m. until 6:00 p.m., unless the parties agree to another time; and b. At such other times as the parties agree. 5. Mother has willfully failed to abide by this Court's Orders dated September 25, 2008 and November 13, 2008 in that: a. Mother has repeatedly refused to allow Father to exercise his periods of temporary physical custody of the child. b. On most occasions, when Father has gone to the designated exchange point to pick up the minor child, Mother and the minor child have, not arrived. Father was unable to exercise his custodial periods with his infant son. Specifically, Mother has failed to abide by the Order in.the following ways: i.) In the month of November, Mother failed to comply with the Order on the 15th, 22°a, 23ra, 29th, and the 30th. Mother failed to appear with the child for the custody exchange. ii.) In the month of December, Mother failed to comply with the Order on the 6th, 7th, 13th, 14th, 20th, 21s, 27th, 28th. Mother failed to appear with the child for the custody exchange. iii.) In the month of January, Mother failed to comply with the Order on the 3`a, 0, 10th, 11", 24th, and the 25th. Mother failed to appear with the child for the custody exchange. iv.) Although this Court's Orders have provided a gradually expanding partial custody schedule for Father to bond with and learn to know his infant son, Mother has willfully thwarted that growing relationship through her failure to provide the child to` Father for at least 215 hours of the 258 hours given to Father by the Court. 6. Defendant's counsel Sean Shultz, Esq., is aware that Plaintiff intended to file a Petition for Civil Contempt against his client Nakeya Adams. 7. The Honorable Judge Edgar Bayley is assigned to this case. WHEREFORE, Father requests that: a. Mother be found in contempt of this Court's Orders regarding Custody; b. Mother be ordered to strictly comply with the Orders dated September 25, 2008 Order and November 13, 2008 as well as any further Order of Court; C. Father be awarded additional custody time to compensate for the wrongful deprivation of custodial time; d. Mother be assessed a $500 penalty for contempt of the Court's Custody Order pursuant to 23 Pa.C.S. § 4346; e. Father's Petition for Civil Contempt for Disobedience of a Partial Custody Order shall be addressed at the Custody Hearing scheduled before the Honorable Judge Edgar Bayley on February 5, 2009 at 1:30; and f. Other relief as the Court deems appropriate. Date:- I /7-CZ Certified Legal Robert Rains, Esq. Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Albert Hall Plaintiff/Petitioner ALBERT HALplaintiff V. NAKEYA ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4799 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of February, 2009, this matter havin been called for a hearing this date on both the merits of g resent a the proceeding which the parties have settled and will p court order to the Court, and on a petition of father to hold willing to continue mother in civil contempt and father being generally the contempt proceeding, IT IS ORDERED that the contempt proceeding is continued generally this date to the cal of either party. B the C ar B. Bayley, Karen Fernandez, Certified Legal Intern Anne MacDonald-Fox, Esquire For Plaintiff Sean M. Shultz, Esquire For Defendant prs 'W°? ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08-4799 CIVIL TERM AMENDED PETITION FOR CIVIL CONTEMPT FOR o DISOBEDIENCE OF PARTIAL CUSTODY ORDER, 2-n f ? - ? -c7 co `. The petitioner, Albert Hall, by and through his counsel, the Family Law rvc, -? hereby brings this Amended Petition for Civil Contempt and'respectfully requestst r this Court find Defendant/Respondent, Nakeya Adams, in contempt of the Septemb 25,N 2008 and March 11, 2009 Court Orders. In support thereof, Petitioner states as follows: 1. The petitioner is Albert Hall ("Father"), an adult individual who resides at 170 West North Street, Carlisle, Pennsylvania 17013. 2. The respondent is Nakeya Adams ("Mother"), an adult individual who resides at 1387 Grandview Court, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of Elijah Hall, born July 2, 2008. 4. On September 25, 2008, the Honorable J. Edgar Bayley, entered an Order awarding Father and Mother shared legal custody of the minor child, Elijah Hall, and awarding Mother primary physical custody and Father periods of temporary physical custody of the child. A copy of the Order is attached to this Amended Petition as Exhibit "A". 5. As evidenced in the Petition for Civil Contempt for Disobedience of a Partial Custody Order filed January 29, 2009 attached to this Amended Petition as Exhibit "B Father has alleged that Mother willfully violated the September 25, 2008 Court Order. 6. Father repeats and realleges the allegations contained in the Petition for Civil Contempt for Disobedience of a Partial Custody Order filed January 29, 2009. 7. On February 5, 2009, prior to a scheduled hearing, Mother and Father were able to reach an agreement as to custody. A copy of the February 5, 2009 Order is attached to this Petition as Exhibit "C". 8. The parties agreement was reduced to writing, and The Honorable I Edgar Bayley entered an Order March 11, 2009, awarding Father and Mother shared legal custody of the minor child, Elijah Hall, and awarding Mother primary physical custody and Father periods of temporary physical custody of the child. A copy of the Order is attached to this Order as Exhibit "D". 9. The March 11, 2009 Order further expanded Father's periods of the partial custody. Father was to exercise periods of partial physical custody as follows: a. Every other weekend beginning February 6, 2009, from Friday at 7:30 p.m. to Monday 7:30 a.m. and b. Additional periods of partial custody on holidays. 10. Mother has willfully failed to abide by the Current Order in that she has engaged in a course of conduct that interferes with Father's periods of partial custody by failing to make Elijah available to Father during his scheduled: custody periods. 11. On March 6, 2009, Mother denied Father his weekend custody of Elijah izi violation of paragraph 2(a) of the Order. Father arrived at the designated pick-up location and was refused access to Elijah. 12. On March 20, 2009, Mother denied Father his weekend custody of Elijah;in violation of paragraph 2(a) of the Order. Father arrived at the designated pick-up location and was refused access to Elijah. 13. On April 3, 2009, Mother denied Father his weekend custody of Elijah in violation of paragraph 2(a) of the Order. Father arrived at the designated pick-up location and was refused access to Elijah. 14. On April 17, 2009, Mother denied Father his weekend custody of Elijah in violation of paragraph 2(a) of the Order. Father arrived at the designated pick- up location and was refused access to Elijah. 15. Mother has stated to Father that due to Elijah's asthmatic condition he is not to leave Mother's home. However, Father has seen Mother out with child on several occasions. Recommendations by Doctors showing Elijah was not to leave the home have yet to be proven or shown, even after Fathers requested that information from Mother's counsel and the physicians themselves. 16. Father requested records directly from the Carlisle Regional Medical Center and Sadler Clinic in order to further understand Elijah's condition. 17. Father has received Nebulizer Training to better care for Elijah during his' periods of physical custody. 18. Father filed the first Petition for Civil Contempt for Disobedience of a Custody Order on January 29, 2009, and the matter was addressed at the Custody Hearing before the Honorable J. Edgar Bayley, where it was ordered that the contempt proceeding be continued generally to the call of either party. A copy of the Order is attached to this Order as Exhibit "C". WHEREFORE, Petitioner requests that: a. A hearing be scheduled to address Father's pending Petition for Civil Contempt for Disobedience of a Partial Custody Order filed January 29, 2009 and his Amended Petition for Civil Contempt for Disobedience of a Partial Custody Order filed May 6, 2009. b. Mother be held in contempt of the Court's Order of Custody of September 25, 2008 and March 11, 2009 and be subject to all available punishments prescribed by 23 Pa C.S.-Section 4346 which includes: (1) Imprisonment for a period not to exceed six months, (2) a fine not to exceed $500, (3) probation for a period not to exceed six months and (4) an order for nonrenewal, suspension or denial of operating privileges; C. Father be awarded additional custodial time to compensate for the wrongful deprivation of his custodial time; d. Father be awarded such other relief as the Court deems appropriate. Respectfully submitted, Date: ,. Karen Fernandez Certified Legal Intern f , ANNE CDONALD- Supervising Attorneys • FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION 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 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: L Albert Hall Petitioner A JUL 13 ?-"`) 1 ALBERT HALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NAKEYA ADAMS, NO. 2008-4799 Defendant IN CUSTODY COURT ORDER AND NOW, this /, day of July, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the 2 7 `L' day of , 2009, at 1:30 o.m. At this hearing, the two Petitions for cunt pt filed by the Father shall be heard and the Father shall be the moving party and will proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth a history of custody in this case, the issues currently before the Court, each party's position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, the current March 11, 2009 Order shall remain in place. The Father is also directed to remove cats from his home permanently by August 1, 2009, in order to address the medical issues involving the minor child. Furthermore, the Father shall ensure that cats are not near the minor child for any periods of visitation. BY THE COURT, Judge dg B. Bayley (P.J.) cc: Sheri D. Coover, Esquire Ms. Amy Hirakis, Certified Legal Intern fRUE COPY FROM RECED E) i Testimony whereof, t here unto set my hww iQ the seal of said C at Carlisle, Pe. r T- F hona+ * FILL..,].._?.:-i i OF ?H P y 2009 AUG -5 P 2: 0 j Cl ` 'NTY nucas2oos? ALBERT HALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08-4799 CIVIL TERM tt ORDER OF COURT- 0 AND NOW, this?'I?lay of009, upon Plaintiff's Petition to Withdraw Petitions for Civil Contempt and Vacate Order, it is hereby ordered and directed as follows: 1. Plaintiff's Petition for Civil Contempt for Disobedience of a Partial Custody Order filed on January 29, 2009, is withdrawn. 2. Plaintiff's Amended Petition for Civil Contempt for Disobedience of a Partial Custody Order filed on May 6, 2009, is withdrawn. 2. The Court Order entered July 16, 2009, is hereby vacated. 2 0 9 9 A" 1,JG - r F °i 2: 01 Q!?lam - Oc;,F t'cs ma t LL -L ???Ly ?.4, ?Lt??t 4 ALBERT HALL : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CONTEMPT NAKEYA ADAMS, Defendant NO. 08-4799- CIVIL TERM MOTION FOR COURT ORDER AND NOW, comes counsel for Defendant, Sheri D. Coover, Esquire and files the following MOTION FOR COURT ORDER and in support of her motion avers as follows: 1. The parties, with assistance of their respective counsel have reached an agreement regarding custody of the minor child, Elijah Hall which is reflected in the attached Stipulation. 2. The parties wish that the attached Stipulation be adopted as an Order of Court. 3. The Honorable Judge Bayley is assigned to this case. WHEREFORE, the parties moves this Honorable Court to approve and adopt the attached Stipulation as an Order of Court. submitted, Aeri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 • ALBERT HALL : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CONTEMPT NAKEYA ADAMS, Defendant NO. 08-4799- CIVIL TERM CUSTODY STIPULATION/ORDER AND NOW, this Q?h day of OC *OOe<" , 2009, it is hereby, -_ stipulated and agreed between the parties as follows: 1. Albert Hall (hereinafter referred to as "Father") and Nakeya Adams (hereinafter referred to as "Mother) are the parents of Elijah Hall (DOB 7-2-2008). 2. Legal custody as defined by the Act of October 30, 1985, P.L. 264, 23 P.S. • § 5301 et.seq. will be shared by Father and Mother. Major decisions concerning the children, including but not limited to the child's education, health, welfare, upbringing and religious training shall be made by the parties jointly. 3. Mother shall have primary physical custody of the minor child. 4. Father shall exercise periods of partial physical custody at the times and for the duration upon which the parties can agree. 5. While in the presence of the child, no party shall make or permit to be made by any person, any derogatory or uncomplimentary remarks about the other parent or any statement intended to estrange the children from the other parent. 0 0 6. Mother and Father shall have liberal and reasonable telephone contact WITNESSTH: with the child while the child is in the custody of the other parent. The parties agree to provide each other with their addresses and phone numbers and will notify each other within five (5) days if they change either. The parties agree that they will have the child return any calls made by the other party to the child which have .been missed within twenty-four hours after they have been made. 7. The custodial parent shall provide to the non-custodial parent any and, all- information regarding the children's educational progress, religious training, mental health, physical health, welfare and social events. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. • Wi s bert Hall itness Nakey Adams 0 FiLU (•' ':-t'?? 2 9 0 9 0' T 15 PH 3: 2 7 OCT 7 6 2009 6) ALBERT HALL : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CONTEMPT NAKEYA ADAMS, Defendant : NO. 08-4799- CIVIL TERM ORDER AND NOW, this lLI day of , 2009, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the following stipulation is entered as an Order effective this date. Distribution List: ? Dickinson Family Law Clinic (Attorney for Plaintiff) 45 North Pitt Street, Carlisle, PA 17013 ZSheri D. Coover, Esquire (Attorney for Defendant) 44 S. Hanover Street, Carlisle, PA 17013 .1- C- F 1 OF 20C9 Gci 19 ?s 9: is k--