Loading...
HomeMy WebLinkAbout09-3715AMY KOCH, Plaintiff V. DALLAS CONRAD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 09 - 3? J-1 CIVIL IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Amy Koch, residing at 1875 Aeronca Street, Cumberland County, Carlisle, Pennsylvania 17013. 2. The defendant is Dallas Conrad, residing at 602 Meadowbrooke Road, Cumberland County, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age- Riley Conrad 1875 Aeronca Street 5/23/05 4 years Carlisle, PA Braidan Conrad 1875 Aeronca Street 3/3/06 3 years Carlisle, PA Aaliyah Conrad 1875 Aeronca Street 12/12/07 1 year Carlisle, PA The children were born out of wedlock The children are presently in the custody of Amy Koch, who resides at 1875 Aeronca Street, Cumberland County, Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: All Persons Amy Koch and Dallas Conrad All Addresses Dates 760 Longs Gap Road 05-06 Carlisle, PA Amy Koch and Dallas Conrad 1875 Aeronca Street 06-09 Carlisle, PA Amy Koch 1875 Aeronca Street 04/09- Present The mother of the children is Amy Koch, currently residing at 1875 Aeronca Street, Carlisle, PA. She is unmarried. The father of the children is Dallas Conrad, currently residing at 602 Meadowbrook Road, Carlisle. He is unmarried. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the following persons. Name Riley Conrad Braidon Conrad Aaliyah Conrad Relationship Son Son Daughter The relationship of defendant to the children is that of Father. The defendant currently resides with the following persons. Name Relationship Unknown at this time. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The court, term, and number, and its relationship to this action is: Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does know of a person not a party to the proceeding that has claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. A Court Order of Custody and structured visitation is desired so that Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. Defendant's erratic behavior poses a threat of harm to the children. Defendant frequently abuses and is therefore unreliable as custodian of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name NA Address Basis of Claim WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in Plaintiff with agreed upon visitation in Defendant. Date: 2007 Respectfully submitted, *A9"eA,- Michael O. Palermo, J . uire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #93334 Attorney for Plaintiff 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: o?`m'N Amy Koch, laintiff RM-ORRCE OF THE PRUTHOI4TARY 2009 JUN -4 PM 3= 24 CUMBERLANJ t-. p?Yl.UAI?A AMY KOCH PLAINTIFF V. DALLAS CONRAD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-3715 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 11, 2009 , upon consideration of the attach d Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Es q. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 08, 2009 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from A Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heal FOR. THE COURT, By: !s/ ohn . Mangan, r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with Disabilites Act of 1990. For information about accessible facilities and reasonable accc available to disabled individuals having business before the court, please contact our office. must be made at least 72 hours prior to any hearing or business before the court. You must conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF Y HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O 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 orders, the Americans 1 arrangements nd the scheduled DO NOT CE SET C ALE?yyD-4-, -ICE r v r- i--' 2?009 JUN I I Ph 2' 06 ka,?a AMY KOCH, Plaintiff/ Respondent V. DALLAS CONRAD, Defendant/ Petitioner COUNTER COMPLAINT IN CUSTODY AND NOW come the Defendant, Dallas Conrad, by and through his attorney, Galen R. Waltz, Esquire and make the following complaint for custody: 1. Plaintiff/Respondent is Amy Koch, an adult individual whose residence is at 1875 Aeronca Street, Cumberland County, Carlisle, Pennsylvania, 17013. 2. Defendant/Petitioner is Dallas Conrad, an adult individual whose residence is at 3111 Enola Road, Cumberland County, Carlisle, Pennsylvania 17013. 3. The Plaintiff and Defendant are the natural parents of three minor children, Riley Conrad, date of birth, March 23, 2005; Braidon Conrad, date of birth May 3, 2006; and Aaliyah Conrad, date of birth December 12, 2008. 4. The children were born out of wedlock. 5. The children are presently in the custody of the Mother, Amy Koch. 6. During the past five years, the children have resided with the following IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 09- 3715 CIVIL IN CUSTODY persons and at following addresses: Persons Amy Koch and Dallas Conrad Address 760 Longs Gap Road Carlisle, PA Dates 2005-2006 Amy Koch and Dallas Conrad 1875 Aeronca Street Carlisle, PA 2005-2006 Persons Address Dates Amy Koch 1875 Aeronca Street April, 2009-Present Carlisle, PA 7. Plaintiff knows of no other persons to have or claim to have any right to custody or visitation of the child other than the parties to this action. 8. The best interest and permanent welfare of the child will be served by granting the relief requested to the Petitioner for the following reasons: a. Father has consistently been the Primary Care Giver for the past three years in that he prepares the breakfast and lunches for the children, cleans the house, and puts the children to bed at night. b. Mother only takes children to doctor visits which is sporadic and not daily routine. d. Mother is believed to be bi-polar with excessive mood swings and fits of rage. e. Mother is violent in front of the children and has harmed the childwn while physically assaulting the Father by biting, punching and scratching him. p. On two separate occasions, the Mother threw a phone and a boot at the Father which missed him and hit one of the children. g. Father is in a better position to provide for the emotional, and nurturing needs of the child in that Father is unemployed while the Mother works twelve (12) hour work days. h. Mother is controlling of visitation in that the Father is only allowed to visit the children at her discretion. I. Mother is draconian in that she will not allow overnight visits. 9. The strongest parent-child bond is established within the first four (4) years of a child's life; the Plaintiff is defiantly depriving both the father and the children from this essential and important life experience. Respondant's unprovoked improper conduct shows a total disregard of the fact that the Father has a right to spend time nurturing his child. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. 11. Mother has filed a Complaint in Custody on June 4, 2009 and a Conciliation Conference is scheduled before Conciliator John J. Mangan, Jr. Esquire at 2:30p.m. on July 8, 2009, 4th Floor, Cumberland County Courthouse. WHEREFORE, Petitioner prays this Honorable Court to award to Petitioner Shared Legal Custody and Primary Physical Custody of the children and to award Respondent Partial Physical Custody of the children. Respectfully Submitted XnR. OFFIC vS' u Date ltz , I q Attorney ID. 39789 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff AMY KOCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/ Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DALLAS CONRAD, : No. 09- 3715 CIVIL Defendant/ Petitioner : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Counter Custody in 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 Dallas Conrad, Defendant/Petitioner CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Counter Custody Complaint upon Amy Koch, and her attorney Michael O. Palermo, Jr., Esquire, via Personal Service on the 8th day of July, 2009 from Carlisle, Pennsylvania, addressed as follows: Amy Koch Cumberland County Courthouse 1 Courthouse Square 4th Floor Carlisle, PA 17013 b b Date Michael O. Palermo, Jr., Esquire Cumberland County Courthouse 1 Courthouse Square 4th Floor Carlisle, PA 17013 W'alen R. Waltz, uire Attorney ID. g 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant/Petitioner DF TIE F': 2009 jl'i . -8 F11 : f CUM _ - ' v AUG 13 2009 J AMY KOCH IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DALLASCONRAD No. 09-3715 Civil Term Defendant :ACTION IN CUSTODY COURT ORDER AND NOW, this ~~th day of August 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custo y Conciliation Conference. A Custody Hearing is hereby scheduled on the day of Q~•c/' , 2009 at oZ.;~~ ~Lpm in Courtroom number,L in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal custody: The Mother, Amy Koch, and the Father, Dallas Conrad shall have shared legal custody of Riley Conrad, born 05/23/2005, Braidan Conrad, born 03/03/2006 and Aaliyah Conrad, born 12/12/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange the physical custody of the Children on a repeating four week schedule as follows: a. In week one, Father shall have physical custody from 6:00 pm Wednesday unti16:00 pm Friday. b. For the next three weeks, Father shall have physical custody of the Children from 6:00 pm Wednesday until 6:00 pm Saturday. c. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. The parties shall exchange custody of the Children at the Turkey Hill absent mutual agreement to exchange custody at other locations. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange a holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the attached schedule. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation: The parties have initiated litigation based upon the parties' residence in Cumberland County. If either party intends to establish residency more than twenty five (25) miles from their current residence, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 12. In the event that the parties mutually agree that the scheduled Court hearing is not necessary or proper, the parties may contact the assigned conciliator to schedule a conciliation conference and cancel the scheduled hearing. 13. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Distribution: Lee Oesterling, Esq. Galen Waltz, Esq. ~P;, /y~a.,e,2.t~1-. ~ ~ ~ `~ ~q John J. Mangan, Esq. Q,_ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da ls` Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Inde endence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving ls` Half From 8 am Thanksgiving Day to 2 pm on Thanks ivin Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the da after Thanks ivin Da Mother Father Christmas ls` Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January ls` (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father ~ ~~ ~~ A~a ~~ ~~~~ ~~ .`~ J ". i, ,i AMY KOCH IN THE COURT OF COMMON PLEAS Plaintiff ~ '~; x CLJM~~RLAND COUNTY, PENNSYLVANIA V. ., !. No.~ 09-3715 Civil Term DALLAS CONRAD Defendant :ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT 1N ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Riley Conrad 05/23/2005 Mother and Father Braidan Conrad 03/03/2006 Mother and Father Aaliyah Conrad 12/12/2007 Mother and Father 2. A Conciliation Conference was held on July 8, 2009 with the following individuals participating: The Mother, Amy Koch, with her counsel, Lee Oesterling, Esq. The Father, Dallas Conrad, with his counsel, Galen Waltz, Esq. 3. Mother's position on custody is as follows: Mother maintains that she has been the Children's primary care-giver and desires to have primary custody of the Children. Mother has some concerns about Father's anger management and his overall ability to care for the Children. Mother has concerns that Father does not have the necessary supplies and beds for the Children. Mother indicates that she has a decent relationship with paternal grandmother. Mother has concerns that Father does not have transportation, a job nor a license. Mother is employed at a nursing home and that her schedule is flexible. Mother asserts that she is better able to offer the Children a stable home environment. 4. Father's position on custody is as follows: Father maintains that he has been the Children's primary care-giver and desires to have primary custody of the Children. Father has concerns about Mother's anger management and her ability to care for the Children. Father indicates that Mother has Mother has a temper and has allegedly assaulted him. Father indicates that he resides with his mother and that the residence has all of the appropriate supplies and beds for the Children. Father has concerns that at this point, he gets to see his Children only at Mother's discretion. Father indicates that there is sufficient family support to assist in caring for and transporting the Children. Father indicates that he has a very close relationship with the Children. Father indicates that he is equally able to offer the Children a stable home environment as Mother can. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file apre-trial memorandum with the Judge to whom the matter has been assigned. Date: Z7 l!~ Gi~ -' Jo J. gan, Esquire stod Conciliator of n n r~tv~ ~~84 kU~ 14 kM I i ~ 24 ~~YL1G~Jl1N'~Y Amy Koch, : IN THE COURT OF COMMON PLEA Respondent : CUMBERLAND COUNTY, PENNSY TIt m `- v. : CIVIL ACTION-LAW IN CONTEMPT Dallas Conrad, Petitioner : NO. 09 - 3715 CIVIL TERM _s PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The Petitioner, Dallas Conrad, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Amy Koch in contempt of the August 14, 2009 Court Order. In support of his Petition, Petitioner states as follows: On August 14, 2009, Conciliator John Mangan entered an Order awarding Dallas Conrad (Father), and Amy Koch (Mother) awarding Father and Mother shared legal custody and shared physical custody subject to a schedule. A copy of the Order is attached to this Petition. 2. Mother has willfully failed to abide by the August 14, 2009 Order in that: a. Mother has repeatedly refused to allow Father to exercise his periods of partial physical custody. b. Mother has repeatedly refused to allow Father to exercise his right to reasonable telephone contact with the minor children. C. On numerous occasions, when Father has gone to Mother's house to pick up the children, Mother and the minor children have not been home, so that Father is unable to exercise his custodial periods. Specifically, Mother has failed to abide by the Order in the following ways: i) Since the August 14, 2009 Order, Mother has engaged in acts of physical violence upon Father to the point that he is afraid to see his children. ii) The only times Father has been able to see his children is when Mother allows paternal grandmother to see children. iii) When Father attempts to call children, Mother consistently attacks Father and speaks negatively of him in front of the children. iv) Father successfully completed a voluntary rehabilitation program on April 23, 2011 and has only seen his children two times since his release. v) On Easter of 2011, Mother allowed paternal grandmother to see children for two hours and forbid Father to see children for extended period of time. vi) Mother refused to let Father see children on Christmas of 2010. Mother allowed Father to drop off presents but refused to let Father see children on December 26, 2010. vii) On September 19, 2010 Mother battered Father in the presence of the children. This resulted in a police report. WHEREFORE, Petitioner requests that: a. Mother be held in contempt of the Court's Order of Custody; b. Mother be ordered to comply with the August 14, 2009 Order; C. Father be awarded significant 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 be awarded such other relief as the Court deems appropriate. Respectfully submitted, Date:ff, I-ell {,) 1j-z11,1,1Zd TT2AOX Michael Mull Certified Legal Intern "&OIAL Megan iesmeyer 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 petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: J?'- Dallas Conrad, Plaintiff AUG 1 3 Zoos ? AMY KOCH IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DALLAS CONRAD : No. 09-3715 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this ty{h day of August 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the day of Q- , 2009 at oZ'V0 wpm in Courtroom number ,Z in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal custody: The Mother, Amy Koch, and the Father, Dallas Conrad shall have shared legal custody of Riley Conrad, born 05/23/2005, Braidan Conrad, born 03/03/2006 and Aaliyah Conrad, born 12/12/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange the physical custody of the Children on a repeating four week schedule as follows: a. In week one, Father shall have physical custody from 6:00 pm Wednesday until 6:00 pm Friday. b. For the next three weeks, Father shall have physical custody of the Children from 6:00 pm Wednesday until 6:00 pm Saturday. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. The parties shall exchange custody of the Children at the Turkey Hill absent mutual agreement to exchange custody at other locations. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. Holidays: The parents shall arrange a holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the attached schedule. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation: The parties have initiated litigation based upon the parties' residence in Cumberland County. If either party intends to establish residency more than twenty five (25) miles from their current residence, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 12. In the event that the parties mutually agree that the scheduled Court hearing is not necessary or proper, the parties may contact the assigned conciliator to schedule a conciliation conference and cancel the scheduled hearing. 13. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Distribution: Lee Oesterling, Esq. Galen Waltz, Esq. /,f oq John J. Mangan, Esq. 4' HOLIDAYS AND SPECIAL DAYS Easter Da 1 Half TIMES F 9 EVEN YEARS ODD YEARS Easter Da 2 Half Memorial Da Ind dente Da rom am until 3 m From 3 m until 9 m From 9 am until 9 m F 9 Father Mother Mother Mother Father Father Labor Da rom am until 9 m F 9 i Father Mother Halloween rom am unt l 9 m F h Mother Father rom one our before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1 Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Da Father Mother Thanksgiving 2° half F 2 rom pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1 Half Christmas 2 Fm noon on 12/24 to noon on 12/25 Father Mother New Year's m noon on 12/25 to noon on 12/26 6 1 / " Mother Father !A m pm 2 31 until noon January 1 h the 12/31 year to control the even/odd rmination) Mother Father Mother's Da Father's Da From 9 am until 9 m Fr 9 il Mother Mother om am unt 9 m Father Father MOICE ARY M AUG 14 AM 11: 24 ?11111 cmr Amy Koch, Respondent V. Dallas Conrad, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 09 - 3715 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Dallas Conrad, by his attorneys, the Family Law Clinic, respectfully represents that on August 14, 2009 an Order of Court was entered for custody of Riley Conrad, born May 23, 2005; Braidan Conrad, born March 3, 2006; and Aaliyah Conrad, born December 12, 2007, a true and correct copy of which is attached. The Court Order entered August 14, 2009 was entered pending a hearing in front of the Honorable Judge Ebert. As of the date of this petition, no hearing has been held or been scheduled. 2. This Order should be modified because: a. Mother's behavior had prevented Father from seeing his children except on rare occasion, in direct violation of existing court order. b. Father is able to provide childcare and a stable environment for the children. c. Father believes that changes in circumstances warrant shared custody of children with Mother. o J --f "I co c- i ?\ v `° WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father equal shared physical custody because it will be in the best interest of the children. c Date: Michael Mu Certified Legal Intern A 11?14,? i"'I. MEGAN ESMEYER 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 subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Dallas Conrad, Plaintiff Amy Koch, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW '.' IN CUSTODY 3 = °' Dallas Conrad, M C = Defendant NO. 09 - 3715 CIVIL TE' C --t cn ?- PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Dallas Conrad, Defendant, 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 cTG 2011 G Michael Mull Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Amy Koch, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY Dallas Conrad, Defendant NO. 09 - 3715 CIVIL TERM CERTIFICATE OF SERVICE I, Michael C. Mull, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Modify Custody Order on Michael O. Palermo, attorney for Amy Koch, by depositing a copy of the same in the United States mail, postage prepaid. l? Michael ull Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 d 00 C_ rn ; ?^! .Tj -?rv Amy Koch, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY Dallas Conrad, Defendant NO. 09 - 3715 CIVIL TERM CERTIFICATE OF SERVICE I, Michael C. Mull, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition For Civil Contempt For Disobedience of Partial Custody Order on Michael O. Palermo, attorney for Amy Koch, by depositing a copy of the same in the United States mail, postage prepaid. '2011 Michael Mull Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 x M s_ cnr- ? vM 7.0 -c , am ?. ? rv AMY KOCH PLAINTIFF V. DALLAS CONRAD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r? 2009-3715 CIVIL ACTION LAW C"= iy IN CUSTODY <C:' ORDER OF COURT !"? AND NOW, _ Wednesday, June 15, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 20, 2011 at 1:00 PM for a Prc-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 hearini;. FOR THE COURT. By: /s/ john j. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 r/Cop?r ing,le? ?° V rr811,00(1-0 fn Telephone (717) 249-3166 ?? ?Ylo2/??J -?o1lc?/ e177nr o,tg Dallas Conrad, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA _ V. CIVIL ACTION-LAW : CUSTODY ? ? 7= °.? Amy Koch, Defendant NO. 09 - 3715 CIVIL TERM ' CERTIFICATE OF SERVICE `w I, Michael C. Mull, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the June 15, 2011 Order of Court on Michael O. Palermo, attorney for Defendant, by depositing a copy of the same in the United States mail, first class on June 16, 2011. Date: 2011 G??Za zi Michael Mull Certified Legal Intern AMY KOCH PLAINTIFF V. DALLAS CONRAD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-3715 CIVIL ACTION LAW -rte IN CUSTODY a. °r: 0 4= r ORDER OF COURT -- AND NOW, Thursday, June 21, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 31, 2012 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/ John Langan, Jr., Esq. JI?I 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. dal. ,,?o .1sw of'?ps 70i"i6f Go7c? j" Afto Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?°'0/'toS??IP lpV ?9jc 00 (?? AMY KOCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV. V. : No. 09-3715 Civil Term DALLAS CONRAD, Defendant : ACTION IN CUSTODY Prior Judge: M.L. Ebert, Jr., J COURT ORDER AND NOW, this I* day of August 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The instant Order hereby replaces all prior Orders in this matter. It is directed that contact between the parties shall not be deemed to be a Protection From Abuse violation as long as it pertains strictly to custody and said contact is done in a non- threatening and non-harassing manner. 2. Legal custody: The Mother, Amy Koch, and the Father, Dallas Conrad shall have shared legal custody of Riley Conrad, born 05/23/2005, Braidan Conrad, born 03/03/2006 and Aaliyah Conrad, born 12/12/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange the physical custody of the Children on a weekly schedule as follows: a. Commencing 08/04/12, Father shall have physical custody of the Children on alternating weekends from noon on Saturday until noon on Sunday. Father shall pick the Children up at noon Saturday and Mother shall pick the Children up noon Sunday. b. Father shall have custody of Riley and Braiden every Wednesday and Friday from 4:00 pm (Father picks up from Mother) until 7:00 pm. Father shall have custody of Aaliyah every Wednesday and Friday from 12:00 pm (Father picks up from Mother) until 7:00 pm. Mother shall pick up all three Children from Father at 7:00 pm. C. It is understood that Father's mother or grandmother shall be present when Father is transporting and also predominately present for his custodial periods. d. Each parent shall take due consideration of the Children's desires to spend time with each parent. (Specifically Riley spending overnights with Father). e. The Children shall remain in their current school district absent further Order of Court. f. The parties may alter this schedule by written mutual agreement. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Right of First Refusal: In the event either parent is in need of a caretaker or babysitter for a period in excess of four hours, that parent shall offer the other parent the first option of caring for the Children. 6. Holidays: The parents shall arrange a holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the attached schedule. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non- relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. A status conference with the assigned conciliator is hereby scheduled for October 12, 2012 at 10:30 am at the Court of Common Pleas in Carlisle. 13. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Distribution: - P _ Community Law Clinic -"-!' Michael Palermo, Esq. ," ;"'John J. Mangan, Esq. r «' ' P; es `na. -led (P I HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 pm Father Father AMY KOCH IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV V. DALLAS CONRAD Defendant Prior Judge: M. L. Ebert, Jr., J. : No. 09-3715 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Riley Conrad 05/23/2005 Mother and Father Braidan Conrad 03/03/2006 Mother and Father Aaliyah Conrad 12/12/2007 Mother and Father 2. A Conciliation Conference was held on July 8, 2009, an Order issued August 14, 2009, a conference was held July 20, 2011, an Order issued September 06, 2011 and a conference was held July 31, 2012 in regard to Mother's petition to modify with the following individuals participating: The Mother, Amy Koch, with her counsel, Michael Palermo, Esq. The Father, Dallas Conrad, with his counsel, The Community Law Clinic 3. The parties agreed to the entry of an Order in the form as attached. Date: J/At l Z Jo J. angan, Esquire st y Conciliator r1 O cv C Co C-0 C? N 1---+ C:) N ?' • b- ? Sy??9-3 AMY KOCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DALLAS CONRAD, Defendant Prior Judge: M.L. Ebert, Jr., J /I - NG V..2- &L.; I No. 09-3715 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this 190\ day of October 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The instant Order hereby replaces all prior Orders in this matter. It is directed that contact between the parties shall not be deemed to be a Protection From Abuse violation as long as it pertains strictly to custody and said contact is done in a non- threatening and non-harassing manner. 2. Legal custody: The Mother, Amy Koch, and the Father, Dallas Conrad shall have shared legal custody of Riley Conrad, born 05/23/2005, Braidan Conrad, born 03/03/2006 and Aaliyah Conrad, born 12/12/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange the physical custody of the Children on a repeating two week schedule as follows: a. Week one: Father shall have custody of Riley and Braidan Monday, Wednesday and Friday from 4:00 pm until 7:00 pm. Father shall have custody of Aaliyah Monday, Wednesday and Friday from 12:00 pm until 7:00 pm. b. Week two: Father shall have custody of Riley and Braidan Wednesday from 4:00 pm until 7:00 pm. Father shall have custody of Aaliyah Friday 12:00 pm until 7:00 pm Sunday. Father shall have custody of Riley and Braidan from 4:00 pm Friday until 7:00 pm Sunday. C. It is understood that Father's mother or grandmother shall be present when Father is transporting and also predominately present for his custodial periods. d. Each parent shall take due consideration of the Children's desires to spend time with each parent. (Specifically Riley spending overnights with Father). e. The Children shall remain in their current school district absent further Order of Court. f. The parties may alter this schedule by written mutual agreement. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Right of First Refusal: In the event either parent is in need of a caretaker or babysitter for a period in excess of four hours, that parent shall offer the other parent the first option of caring for the Children. 6. Holidays: The parents shall arrange a holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the attached schedule. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non- relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, rn F11 n xr Zr:U r C) --1 F -0m Distribution: <> c-n ° ? Community Law Clinic Michael Palermo, Esq. z o = C:) -n Q John J. Mangan, Esq. 3> p ?wa,led Io?a?f ,a HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1st Half From 9 am until 3 m Father Mother Easter Day 2" Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Day From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Da Father Mother Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1" Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father AMY KOCH IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DALLAS CONRAD Defendant Prior Judge: M. L. Ebert, Jr., J. : No. 09-3715 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Riley Conrad 05/23/2005 Mother and Father Braidan Conrad 03/03/2006 Mother and Father Aaliyah Conrad 12/12/2007 Mother and Father 2. A Conciliation Conference was held on July 8, 2009, an Order issued August 14, 2009, a conference was held July 20, 2011, an Order issued September 06, 2011, a conference was held July 31, 2012, an Order issued August 07, 2012 and a conference was held October 12, 2012 with the following individuals participating: The Mother, Amy Koch, with her counsel, Michael Palermo, Esq. did not appear The Father, Dallas Conrad, with his counsel, The Community Law Clinic 3. The parties agreed to the entry of an Order in the form as attached. Date: 4 Jo J. angan, Es U" C sto y Conciliator