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Home My WebLink About10-2671SARAH ANN KUHN : IN THE Courtr of COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. No. 2010 -lb 71 CPIM TERM DUSTIN CASEY MCCORKLE ti q Defendant IN CtMMY ;, COMPLAI NT IN CUSTODY -:? n.? CC fur AND NOW, comes the Plaintiff, Sarah A. Kuhn in the above-captioned matter, by and through her attorney, Abraham Prozesky, Esquire and files the following Complaint in Custody: BACKGROUND 1. Plaintiff is Sarah A. Kuhn in the above-captioned matter, an adult individual currently residing in the jurisdictional area of the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Defendant is Dustin C. McCorkle in the above-captioned matter, an adult individual currently residing at 1518 Pine Road, Carlisle, Pennsylvania 17015. 3. Plaintiff and Defendant are not married. 4. Plaintiff obtained a final Protection from Abuse Order on March 5, 2010, against the Defendant. 5. Defendant violated the Protection from Abuse Order on March 5, 2010. 9-11 06 d7 Ckk'rd ,ef* Oyu 967 6. Defendant pleaded guilty on March 30, 2010 to a charge of Indirect Criminal Contempt under docket no CP-21 -MD-0216-201 0 for his violation of the Protection from Abuse Order and was sentenced to 6 (six) months probation. 7. A Temporary Custody Order was entered on February 24, 2010 by the Honorable Oler, J, ordering that Defendant shall have no partial physical custody/visitation rights. 8. Another Temporary Custody order was entered on March 5, 2010 by the Honorable Oler, J, giving Defendant custody every weekend. FACTS SUPPORTING PETITION 9. Plaintiff and Defendant are the biological parents of Payton Ann McCorkle, born on January 17, 2009, age 1 year. 10. Plaintiff and Defendant were not married when Payton was born. 11. Defendant assaulted the Plaintiff on February 1, 2010. 12. Defendant assaulted and abused Payton on February 1, 2010. 13. Defendant violated the Protection from Abuse Order by assaulting Plaintiff in a public place at the Sheetz Garage in Mt. Holly during a custody exchange. 14. Defendant further violated the Protection from Abuse Order by creating an online account in the name of Plaintiff and posting nudetnaked pictures of her on the internet. 15. Upon Defendants arrest, the arresting officers found a large quantity of illegal drugs and drug paraphernalia in the possession of the Defendant. 16. Also upon Defendant's arrest, a large quantity of pornography was found on the Defendant's computer. The police is investigating a charge of possession and possible distribution of child pornography. 17. The criminal case against Defendant is pending. 18. Should Defendant be convicted, he might easily face a long term of imprisonment. 19. Plaintiff avers that the chances of Defendant being convicted are very good. 20. Defendant was at least 20 (twenty) minutes late for a custody transfer on March 5th, 2010. 21. Defendant did not show for two custody transfers that were supposed to take place on April 90 and 16'x, 2010. 22. Since Payton's birth, she has lived with the following people and during the periods mentioned hereunder: Name Address Date Mother and 105 Fairfield Street, Apt. # 3, Birth till October 2009 Father Newville, PA 17241 Mother and 1518 Pine Road, Carlisle, PA October 2009 till Father 17015 February 2010 Mother 1831 Walnut Bottom Road, February till Present Newville, PA 17241 23. Plaintiff has been the primary care giver for Payton since the minor child's birth. 24. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation as has been disclosed in this Petition concerning the custody of Payton in this or another court. 25. Plaintiff has no information of a custody proceeding concerning Payton pending in a court of this Commonwealth or any other state. 26. Plaintiff does not know of a person not a patty to the proceedings who has physical custody of Payton or claims to have custody or visitation rights with respect to Payton. 27. Each parent whose parental rights to Payton have not been terminated and the person who has physical custody of Payton have been named as parties to this action. 28. Plaintiff has instructed undersigned counsel on April 20, 2010 to write a letter to Defendant's attorney, Ms. Cindy L. Hribal, Esquire, to enquire about the possibility of an agreed stipulation to prevent unnecessary further litigation. No response was received at the time of filing this Complaint. The letter is attached as Plaintiffs exhibit "1". 29. Plaintiff avers that it would be in the best interest and permanent welfare of Payton and of all the parties concerned by granting the relief requested because: a) the Plaintiff Mother is the primary care giver for Payton since Payton's birth; b) the Plaintiff Mother has had daily contact and interaction with Payton since Payton's birth; c) the Defendant Father is a danger to Payton in that he assaulted and abused Payton; d) the Plaintiff Mother is in the best position to provide care and nurturing to Payton; e) the emotional, physical and/or spiritual development of the child will be enhanced by granting sole physical custody of Payton to Plaintiff. 30. Plaintiff asks the Court to exercise its powers and direct that primary physical custody of Payton remain with Plaintiff and that father enjoy no temporary physical custody or visitation rights at the present moment. WHEREFORE, Plaintiff, Sarah A. Kuhn, respectfully requests this Honorable Court to enter an Order: A. Awarding shared legal custody of Payton Ann McCorkle to the Plaintiff (mother), Sarah Ann. Kuhn, and the Defendant (father) Dustin Casey McCorkle. B. Awarding primary physical custody of the minor child to Plaintiff (mother), Sarah Ann Kuhn_ C. Awarding Defendant (father), Dustin Casey McCorkle, no temporary physical custody or visitation at present. D. Replacing the temporary custody provision in the Final Protection from Abuse Order in Cumberland County Court of Common Pleas Docket # 2010-1325, with the requested relief. E. Awarding the parties the right to modify or alter the custody schedule as they agree. Absent an agreement, the parties shall follow the terms of the custody arrangement as set forth above. In the event that either party becomes dissatisfied with the terms of the custody arrangement set forth above, that party may approach the Conciliator directly to schedule a conciliation meeting. F. Further award Plaintiff all such other relief as is proper and just. Respectfully submitted, Attorney forPlau PA ID # 209787 674 Stover Court , Esquire Hummelstown, PA 17036 Tel: (717) 982-1532 Date: April 20, 2010. rA 6raliam Prozesiy---? Tel: (717) 982-1532 Fax: 866 593-7752 E-mail: aprozesky@hotmail.com Attorney at Law Ms. Cindy L_ Hribal, Esquire 875 Market Street Lemoyne, PA 17043 April 20, 2010 Re: Custody: Kuhn v McCorkle near Aftomey 674 Stover Court Hummelstown, PA 17036 I am writing this letter to you on behalf of my client, Sarah A. Kuhn. Sarah is asking that Dustin shall have no partial physical custody or visitation rights at this time due to his, inter alia, involvement in drug related crimes. Kindly let me know if Dustin is willing to consent to this in a stipulation which will negate the necessity of going for a conciliation and a hearing. I hope to hear from you soon. Sincerely, Esquire VERIFICATION The above-named Plaintiff, Sarah Ann Kuhn, verifies that the statements made in the attached Petition for Exclusive Possession are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: _ _?r-n.I?R.LI A Sarah Ann Kuhn SARAH ANN KUHN : IN TmE COURT OF COMMON PLEAs OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. No. 2010 - CIVIL TERM DUSTIN CASEY MCCORKLE Defendant : IN CUSFODY CERTIFICATE OF SERVICE I, Abraham Prozesky, the undersigned, hereby state that I served a copy of 1. Complaint in Custody and Verification 2. Order in the above-captioned matter upon RespondenVPe?rr41J '. A. by mailing, U.S. first class mail, postage prepaid to the Attorney for Respondent ll)e-?rne(Att'f at 875 Market Street, Suite 100,Lemoyne, PA 17043; /werul"4 B. by faxing to the Attorney for Respondent at 717-763-2094, on April 21, 2010. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904, relating to unworn falsification to authorities. Date: April 21, 2010 Abraham zesky, Esquire Attorney or Plaintiff PA ID # 209787 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 SARAH ANN KUHN Plaintiff /Respondent v DUSTIN CASEY McCORKLE Defendant /Petitioner IN THE COURT OF COMMON PLEAS, . POTTER COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2010 - 26'71 IN CUSTODY RESPONDENTS ANSWER TO PETITION FOR CONTEMPT AND NOW, comes the Plaintiff /Respondent (Mother), Sarah Ann Kuhn, by and through her attorney, Abraham Prozesky, Esquire, and files the within Answer to Petition for Contempt: n ~_ c ~;". ~ 1. Admitted. ~t"1 ~ . C_. ~ T 2. .c_ Admitted. ~;. -- -r~ r-r.; _.; ~ _~ _., 3. : Admitted. ~~ ~ ~ r5 4. Admitted. ~ ~:~ `=~ ~ ~- 5. Denied. The Temporary Custody Order, dated March 5, 2010, is defective in that it is incomplete and vague. The starting time for Defendant /Petitioner's (Father) period of physical custody is vague in that the order states in paragraph 4 that "Defendant shall have custody every weekend from Friday at 1?:00 p.m. until Sunday at 3:00 p.m. Exchanges shall take place at the Sheetz in Mt. Holly Springs, PA. The starting time is not written by the Judge, is handwritten and scribbled over to the extent that it is not clear exactly what is meant. Father stated at the custody conciliation that he was under the impression that the custody exchange was to take place at 10:00 a.m. Mother can therefore not be in contempt for an exchange that is only to happen later in the day, best indication would be in the afternoon or evening (p.m.), according to the order. The order fails to address who has custody at other times and who has primary physical custody of the minor child (Payton). The confusion was rectified by the Order of the Honorable Guido, J, dated May 24, 2010 after it was brought to the attention of the conciliator by undersigned counsel. 6. Denied. Mother was willing at all times to honor the custody order, as long as the safety of Payton was not an issue. Father has disqualified himself on several Fridays by not appearing at all and on some other Fridays by sending another person in his stead who is not authorized by court order or mutual agreement to have custody of 16 month old Payton. Father is a drug user and is presently under investigation far several drug-related charges and has also been charged. Further federal charges are also pending. To the best of Mother's knowledge, Father was in police/prison custody on May 28, 2010 and no custody exchange could take place on this date in any case. 7. Admitted and denied. Any non custody weekends for Father was due to his own neglect and disqualification. Mother avers that she has acted at all times with due regard for the safety of 16 month old Payton. 8. Father neglected to mention in his petition that Mother has filed a Petition for Custody on Apri121, 2010 following the temporary custody order of the Honorable Oler, J, dated March 5, 2010. In the said petition, it is submitted that Father not have any physical custody and that Mother have full physical custody. This was again repeated at the conciliation. 9. A custody hearing has been scheduled for August 23, 2010 at 1:30 p.m. in front of the Honorable Guido, J. 10. At the conciliation that was held on May 20, 2010, Father was requested to submit to a drug/alcohol test in the light of his history of drug and alcohol abuse and pending criminal charges. Mother offered to be tested at the same time. Father refused to submit to a drug/aloohol test, thereby confirming his abuse and dependency to Mother. Under the Protection from Abuse-Order, 16 month old Payton is a protected person from Father. 11. Father's counsel, Mr. Vincent M. Monfredo, Esquire has not had any contact with undersigned counsel to ascertain whether Mother is opposed to the petition or to establish how Payton can be handed over. No Praecipe to enter an Appearance was served upon undersigned counsel. 12. Father's behavior is extremely erratic. On May 21, 2010, Father instructed undersigned counsel via email to draw up the appropriate paperwork because he wanted to relinquish custody to Mother and he wanted to end his parental rights over Payton. 13. Upon submitting the documents to Father via email he replied that he is not going to sign, he "just figure I would waste your time ...". 14. Father has violated the Protection from Abuse Order at a custody exchange by abusing Mother and has appeared on Indirect Criminal Complaint charges for which he pleaded guilty. He received a sentence of 6 months suspended probation and the Protection from Abuse Order was extended for one year till September 3, 2012. 15. Father was again arrested on May 27, 2010 on a felony charge of stalking, two charges of harassment and a charge of identity theft, all relating to Mother. 16. Father has created a fake MySpace account in the name of Mother and falsely posted entries on the account on behalf of Mother to create the impression that Mother is an unfit mother to Payton and does not care for the wellbeing of Payton. Father is in the process of being prosecuted for this offense. 17. Mother has instructed undersigned counsel to write a letter to Father's counsel, Mr. Vincent M. Monfredo, Esquire, to bring to his attention that Mother is willing to hand over Payton to Father, if Father is willing to submit to random drug/alcohol testing. A copy of the letter is attached as Respondent's Exhibit "1 ". At the time of filing this Answer, no reply has been received. WHEREFORE, Plaintiff /Respondent prays this Court consolidate the Petition for Contempt with the Petition for Custody and not to find Plaintiff /Respondent in contempt of the Temporary Custody Order. It is further respectfully requested that Defendant /Petitioner not be allowed any visitation until his drug/alcohol dependency has been resolved and all criminal matters have been resolved. Date: 6 G 2G i v Respectfully submitted, Abr Pr ky, Esquire Attorne r Plaintiff PAI 209787 674 over Court Hummelstown, PA 17036 Tel: (717) 982-1532 ~draliam Prozes~i~ ~r~. Tei: (717) 982-1532 Fax: 866 593-7752 E-mail: y~tmail.com Mr. Vmc®t M. Monfredo 155 South Haaovez Street Carlisle, PA 17013 June 10, 2010 Re: Custody: Kuhn v McCorkle Dear Mr_ Monfredo, 674 Stover Court Hummels~wn, PA 17036 Kindly take note that Sarah is willing t4 hand over Payton to Dustin as ordered by the Hona~able Guido, J. Sarah is however, still of the opinion that Justin is not a fit and proper parent and should not have any physical custody at this time. You might not be aware of this, but Justin has refused to submit to a dnig/alcohol test at the time of the conciliation.. If he has changed his mind in the meantime and is willing to submit and if the result is .negative, Sarah will hand over Payton to Justin on any Friday at 10:00 a.m. Sarah is also willing m submit if Dustin requires that. Sarah will hand over Payton to Dustin or any other person mutually agreed upon. You might also not be aware that Dustier was arrested on May 27, 2010 for a second time for abuse against Sarah and was in custody on May 2$, 2010 when he is alleging that Sarah infused to hand over Payton. It is unthinkable that you would allow Dustin to make an allegation of contempt if it was due to Dasfin's own criminal activities that he could not appear at the exchange point. Dustin also refused to undergo adrug/alcohol test when he was arrested on a DUI charge_ It is not Sarah that is keeping Dustin form seeing Payton, but Dustin's own criminal activities. Sincerely, cc: Ms. Sarah A. Kuhn Abraham Esquire ~E s Marv pElvt''s F-~ ~+s/3rT "' z VERIFICATION I verify that the statements made in this Respondent's Answer to Petition for Contempt aze true and correct. I understand that false statements made herein aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~ '2 v b ~~Y~.~ ~~~A ,~- Sazah Ann Kuhn SARAH ANN KUHN IN THE COURT OF COMMON PLEAS, Plaintiff/ Respondent ; POTTER COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DUSTIN CASEY McCORKLE N0.2010 - 2671 Defendant /Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Abraham Prozesky, the undersigned, hereby state that I served a copy of 1. Answer to Petitioner's Fetition for Contempt and VeriScation in the above-captioned matter upon Respondent: A. by mailing : U.S. first class mail, postage prepaid to the Petitioner's Counsel at his last known address: Mr. Vincent M. Monfredo, Esquire, 155 South Hanover Street, Carlisle, Pennsylvania, 17013; B. by faxing :717-241-6878 C. by emailing: info@romingerlaw com Date: 6 ~ 2 b p Respectfully submitted, rky Esquire PA IDi#209787 674 Mover Court Hummelstown, PA 17036 Tel: (717) 982-1532 SARAH ANN KUHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. :2010-2671 CIVIL ACTION LAW IN CUSTODY DUSTIN CASEY McCORKLE :The Honorable Edwazd E. Guido MOTION TO CONTINUE CUSTODY HEARING AND NOW, comes Dustin Casey McCorkle by and through his counsel, Vincent M. Monfredo, Esquire and in support of his Motion to Continue Custody Hearing avers as follows: 1. A custody hearing is scheduled for August 23, 2010 in the above captioned case. 2. Undersigned counsel is scheduled for a jury trial in the Court of Common Pleas in Perry County where the chazges aze homicide and possession with intent. 3. The aforementioned trial has been on undersigned counsel's calendaz for several months and has been rescheduled several times. 4. Attorney Abraham Prozesky has been contacted and he concurs with the continuance and has made undersigned counsel's office awaze that he is will be on vacation from the beginning of September until September 13, 2010. WHEREFORE, your Petitioner respectfully requests that the custody hearing scheduled for August 23, 2010, be rescheduled to a new date and time. Date: ~`~ ~~~~ fur„ Oh ~ add G- ~'~~~'~ ~!OZ Respectfiilly submitted, ROMINGER & ASSOCIATES ~~ Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 206671 Attorney for Defendant ~J' i~ J J ~ 1 1 SARAH ANN KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~. :2010-2671 CIVIL ACTION LAW IN CUSTODY DUSTIN CASEY McCORKLE :The Honorable Edwazd E. Guido CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Motion upon the following by depositing same in the United States mail, postage prepaid, at Cazlisle, Pennsylvania, addressed as follows: Abraham Prozesky, Esquire 674 Stover Court Hummelstown, PA 17036 Dated: 0 `~ ~~ Respectfully submitted, RONIINGER & ASSOCIATES d.~_ Vincent M. Monfredo, Esquire 155 South Hanover Street Cazlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant 3 ~.. AUG 0 9 `Lulu SARAH ANN KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW N0.2010-2671 DUSTIN CASEY MCCORKLE, . Defendant IN CUSTODY COURT ORDER NOW, this ~ a day of August, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the Father's petition to hold Mother in contempt shall be addressed at the custody hearing that is already scheduled in this case on August 23, 2010, at 1:30 p.m. in Courtroom No. 3. BY TH , Edward E. Guido, Judge cc: Vincent M. Mondredo, Esquire ~~" ~ ``~' -. _ ~/ Abraham Prozesky, Esquire - ~ ~ _ " g` -- P ~=:' _~~ ~, d SARAH ANN KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW : N0.2010-2671 DUSTIN CASEY MCCORKLE, Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido 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: Payton N. McCorkle, born January 17, 2009 2. A Conciliation Conference was held on August 6, 2010, with the following individuals in attendance: the father, Dustin Casey McCorkle, with his counsel, Vincent M. Monfredo, Esquire, and the mother, Sarah Ann Kuhn, with her counsel, Abraham Prozesky, Esquire 3. There was a PFA entered on March 5, 2010, giving Father periods of temporary custody on every weekend. Since that time, Father has been charged with felony possession with intent to deliver, stalking relating to the Mother, and identity theft of a felony nature again relating to the Mother. Mother has filed a petition to modify the existing custody Order and a hearing is scheduled before Judge Guido on that issue. Father now has filed a petition to hold Mother in contempt suggesting she is not abiding by the custody Order from the PFA. T 4. The Conciliator is skeptical the Court will hold the Mother in contempt for violating a custody Order in light of the numerous alleged criminal violations by the Father since the entry of the PFA. However, the Conciliator recommends that that issue be addressed at the hearing that is scheduled already in this case and the Conciliator recommends an Order in the form as attached. Date: August ~, 2010 Hubert X. Gilroy, E; Custody Conciliator 3 AUG 10 2010 SARAH ANN KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :2010-2671 CIVIL ACTION LAW : IN CUSTODY DUSTIN CASEY McCORKLE : The Honorable Edward E. Guido ORDER OF COURT his M ay of 2010, upon consideration of _4 AND NOW, t the within Motion to Continue Custody Hearing the Motion is GRANTED and the parties are directed to appear on the &day of 0041^_, 2010, in Courtroom # , at • o'clock P m. at the Cumberland County Co_ Carlisle, Pennsylvania. By the Court: J. Distribution: incent M. Monfredo, Esquire Abraham Prozesky, Esquire 4 ?S ,??.? LAC. g 2??ro Q L SARAH ANN KUHN, Plaintiff v. DUSTIN CASEY McCORKLE 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-2671 CIVIL ACTION LAW IN CUSTODY The Honorable Edward E. Guido MOTION TO CONTINUE CUSTODY HEARING GENERALLY AND NOW, comes Dustin Casey McCorkle by and through his counsel, Vincent M. Monfredo, Esquire and in support of his Motion to Continue Custody Hearing Generally avers as follows: 1. A custody hearing is scheduled for October 14, 2010, in the above captioned case. 2. Defendant currently has criminal charges pending against him. 3. The outcome of the aforementioned charges could effect the custody situation. 4. The Custody hearing should be continued generally to be re-listed at the call of either party until the criminal charges against the Defendant are resolved. 5. Attorney Abraham Prozesky has been contacted and he does not concur with the Custody hearing being continued generally. WHEREFORE, your Petitioner respectfully requests that the custody hearing scheduled for October 14, 2010, be continued generally. Date: ~/ ~i ~ ,, r ; ~, , , ..''~ ~ L} ~a1'~~.3 _... J.i.~i'(i,U, ~t~' ~"i.L "s~_J Respectfully submitted, ROMINGER & ASSOCIATES ~L ~~. Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant SARAH ANN KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :2010-2671 CIVIL ACTION LAW IN CUSTODY DUSTIN CASEY McCORKLE :The Honorable Edward E. Guido CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Abraham Prozesky, Esquire 674 Stover Court Hummelstown, PA 17036 Dated: ~~'/~ ~~ Respectfully submitted, ROMINGER & ASSOCIATES ,~~ ~%~/4 incent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant 3 ?T p 82010 SARAH ANN KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :2010-2671 CIVIL ACTION LAW : IN CUSTODY DUSTIN CASEY McCORKLE : The Honorable Edward E. Guido ORDER OF COURT T" AND NOW, this 13 day of 0 , 2010, upon consideration of "1> Lcpj D the within Motion to Continue Custody Hearing, the Motion is C*P+o•A?i- D L' {.llr ? V bll Distribution: ? Vincent M. Monfredo, Esquire -, Abraham Prozesky, Esquire C4:?'T I;Lc ma tl£ L ID/t3?tp J. SARAH ANN KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-2671 CIVIL TERM DUSTIN CASEY McCORKLE, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 14th day of October, 2010, after hearing, we find that the Plaintiff's actions were motivated by genuine concern for the safety of her child. The Petition for Contempt is DISMISSED. By the Court, Edward E. Guido, J. raham Prozesky, Esquire Attorney for Plaintiff Vincent O. Monfredo, Esquire Attorney for Defendant Sheriff _ ~~~°C.~t1 ~ j u.Rn.¢..~ srs ~ ~~s ~~~~ ~U/mar/rv ~~ m~ ~ --+ m ~~ `i ~ o -~CZ ~ _~ <o =,,, ~ ~, ~ ~ ~ ~ '~ SARAH ANN KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-2671 CIVIL TERM DUSTIN CASEY McCORKLE, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 14th day of October, 2010, after hearing, all prior custody Orders are vacated and replaced with the following: 1. The Mother, Sarah Ann Kuhn, and the Father, Dustin Casey McCorkle, shall have shared legal custody of Payton Ann McCorkle, born January 17, 2009. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth ~ i certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody every weekend from Friday at 10:00 a.m. to Sunday at 3:00 p.m. Provided, however, until Father's pending criminal charges have been resolved, Father shall exercise partial custody every other Saturday and Sunday from noon until 4:00 p.m. The partial custody shall be supervised by Christina Payne or some other person mutually agreeable to the parties. Christina Payne shall accompany Father on the pickup and delivery of the child. Mother need not deliver the child unless Father is present. Further, Mother need not deliver the child if Father is visibly under the influence of drugs or intoxicated. 4. Custody exchanges shall take place at the Sheetz in Plainfield. 5. Neither party may partake in illegal drugs or use alcohol to the point of intoxication immediately prior to or during their periods of physical custody. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By Court, Edward E. Guido, J. Esquire ~rahri Yp farePlaint~ff Attor fxedor Esquire /~inCent O . Mope fendan t UL~ / Attor~'e~ f °x ^~ ~ ~ SYierlf f srs tV ~s ~`"~~ ~~ lv js~c~ `~~ .. °~ ~~. ~~ ~ ~~' '~4 ~~ ~ °~' ~~ ,