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Home My WebLink About05-2046 BASILIO ARENA, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 0[; - ;;J64r.. Cu L TEt2-nt APRIL R. BROWN, Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Basilio Arena, by and through his attorney, Diane Baker, Esquire, and files this Complaint, based upon the following: I. Plaintiff, Basilio Arena, is an adult individual residing at 127 Bosler Aven e, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, April R. Brown, is an adult individual residing at 173F West V ne Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary custody of Angelia Maria Arena, born November 5, 2004. Plaintiff is the natural father of the child and Defendant is the natural mother of e child. The child was born out of wedlock. The child is currently in the custody of Defend 4. Since birth, the child has resided with the following persons and at the following addresses: Plaintiff, Defendant and Donella Duhart 173F West Vine Street Shiremanstown, P A 17011 Birth to March 13, 2 05 Defendant, Donella Duhart 173F West Vine Street Shiremanstown, PA 17011 March 13,2005 to Present 5. Plaintiff has not participated as a party or a witness, or in another capacity, i 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. Plaintiff does not know of a person not party to the proceedings who has physi I custody of the child or claims to have custody or visitation rights with respect to the child. 6. Each parent whose parental rights to the child that has not been terminated d the person who has physical custody of the child has been named as parties to this action. 7. The best interest and permanent welfare of the child will be served by granti g the relief because Plaintiff can provide a safe home and a stable and loving environment or the child. WHEREFORE, Plaintiff requests Your Honorable Court to grant him shared Ie al and primary physical custody of the minor child, Angelia Maria Arena. Respectfully submitteq, /' ." //' / DATE: ane S. Baker, Esquire Supreme Court II> #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 ~\\i\0\ 2 VF.RIFICA nON I verify that the statements made in this Complaint are true and correct. I understand that false statemenls herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 3 p n ~ () ....., ~ C~.~ It ...... c;:::,;, ;-- 1.:.-'"" :;:~ " "- d r- r',) w t: F C) ,~ - ~ ~ C> .--"( C,) J - -l~; .,.' ~~1 -.. CO .< ---, BASILIO ARENA PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2046 CIVIL ACTION LAW APRIL R. BROWN DEFENDANT IN CUSTODY ORDER OF COURT NO NOW, Thursday, April 28, 2005 , upon consideration of the attached Complaint, it is her by directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at J Manlove's, 1901 State St., earn Hill, PA 170tl on Friday, May 20, 2005 , the conciliator, at 9:00 AM for a Pr -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this c nnot be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. II 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 penn anent order. he 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: Isl Melissa P, Greevv, Esq. Custody Conciliator _J-'_ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans wit Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations ava lable to disabled individuals having business before the court, please contact our office. All arrangements I11U t be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled con erence or hearing. YOU SHOULD TAKE TH]S PAPER TO YOUR A HORNEY AT ONCE. IF YOU DO NOT HA E AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FO TH 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 4~j??7,::p ~/ ~5W3el1 .~ .:7 ~w ~7-->i1 Ii,/; ~$-V 7 ~-;;r7:>>f/ ~? ).f*l5t_78~/? Al.f\;(/.;",\ i't.: :,j'::~:~'/'Jn8 SO :21 Hd BZ lJd'1 ~GOZ i >.!\-'l"\ii'iC: i (.'ie' 'd :11 J I ::10 {\'U~ ,..11 'v.,....../ J ...I-u. :]8!:;!O-{J311~ BASILIO ARENA, Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05-2046 APRIL R. BROWN, Defendant : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE I, Diane S. Baker, Esquire, hereby certifY that a true and correct copy of the Complaint for Custody was served on the Defendant by certified mail, restricted delivery, return receipt requested, on May 4, 2005, at the Defendant's last known address of: 173F West Vine Street Shiremanstown, P A 170 II The return receipt card is attached hereto as Exhibit" A" . /]:2.... .-... ':--:> (/L- ....:: .....~ Diane S. Baker, Esquire J.D. No. 53200 Attorney for Plaintiff 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 SENOER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 jf Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A p,--, / 7? 7.3 r D i.-U'/ 173F D.d2Sf Vtlk:" tSf~ ,Sh/r C'I)/C-;);) :sn'Jurn PeL I 7 D// D. Is delivery address different from item 1 If YES, enter delivery address below: Ves D No 3. Se~Type tr'"C6rtified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.DD. 4. Restricted Delivery? (Extra Fee) ~ PS Form 3811, August 2001 2. Article Numbe, 7000 /530 000/ D. '1!:J7:;> 703{;;- (Transfer from service Jabel) ./ '/ 0 C' ....J Domestic Return Receipt 1D2595-01-M-0381 EXHIBIT "A" () ~ C.:l ;. I ':~ C:' "- ::.2 , . Plaintiff RECEIVED MAY 2 7 2DD5~rt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2046 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BASILIO ARENA, v. APRIL R. BROWN, Defendant ORDER OF COURT AND NOW, this > l day of ~ ' 2005, upon consideration of the attached Custody Conciliation Summary Report, it is'hereby ordered and directed as follows: 1. Leoal Custody. The parties, Basilio Arena and April R. Brown, shall have shared legal custody of the minor child, Angelia Maria Arena, born November 15, 2004. 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. 95309, 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 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. 2. Phvsical CustodY. Mother shall have majority physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective May 22,2005 and continuing until July 16, 2005, Father shall have custody on alternating Sundays from 10:00 a.m. to 6:00 p.m. B. Effective May 28, 2005 and continuing until July 8, 2005, Father shall have custody on alternating Saturdays from 9:00 a.m. to 6:00 p.m. C. Effective May 24, 2005, Father shall have custody each Tuesday from 4:30 p.m. to 7:30 p.m. D. Effective July 8, 2005, on alternating Fridays at 6:00 p.m. until Saturday at 6:00 p.m. E. Effective July 16, 2005, on alternating Saturdays at 6:00 p.m. until Sunday at 6:00 p.m. ,. NO. 05-2046 CIVIL TERM F. Until September 9, 2005, if Mother would like to have custody during one of Father's custodial weekend times, she will contact Father one (1) week in advance to make the arrangements and to negotiate the compensatory time in the schedule. G. Effective September 9,2005, Father's custodial periods provided in Paragraph 2.0 and 2.E shall be discontinued and replaced with alternating weekends of partial custody from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Father's custodial time provided in Paragraph 2.C shall continue and be supplemented by one (1) additional evening period of custody designated as a flex day to occur during the week after Mother's custodial weekend. The parties will consult with each other to select the day on which this will occur. 3. TransDortation. Mother shall provide transportation incident to custodial exchanges on the weekends. However, for the weekday custodial periods which occur from 4:30 p.m. to 7:30 p.m., the parties shall meet at a designated place at the beginning of the custodial exchange and Father shall then return the child to Mother at the end of his custodial period. 4. Holidavs. The following holiday schedule shall supersede the regular schedule: A. Christmas. Christmas shall be divided into two segments, Segment A and SeJlment B. Segment A shall be from December 24th at Noon until December 25 at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 6:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. B. Alternatino Holidavs. The parties shall altemate custody for the following holidays commencing with Mother having custody for Memorial Day 2005: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. The custodial period for these holidays shall be from 8:00 a.m. to 6:00 p.m. 5. Vacation. Effective 2006, each party shall be entitled to seven (7) uninterrupted days of custody for purposes of vacation. Effective 2007, each party shall be entitled to two (2) periods of seven (7) continuous and uninterrupted days of custody for . NO. 05-2046 CIVIL TERM purposes of Summer vacation which weeks shall not run consecutively. The parties shall provide each other with at least a thirty (30) day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation period. Additionally, the vacationing parent shall provide to the other parent a telephone number and location where they can be reached during the ~ // THE COU Dis!: ~9AllS. Baker, Esquire, PO Box 6443, Harrisburg, PA 17112 ,.d6hn F. King, Esquire, PO Box 984, Harrisburg, PA 17108 ~ \'~ 0.5':? J. ...nnr: I; .,~. .,,~ r'1 OJ0:; 'Ul i .J [" j f'- ). 20 '-'1' "....,u ,,'i\~'T'{ 'i. , - Plaintiff RECEIVED MAY 27 2016 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2046 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BASILIO ARENA, v. APRIL R. BROWN, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Angelia Maria Arena . November 15, 2004 Mother 2. Father filed a Complaint for Custody on April 20, 2005. A Custody Conciliation Conference was held on May 20, 2005. Present for the conference were: the Father, Basilio Arena, and his counsel, Diane S. Baker, Esquire; the Mother, April R. Brown, and her counsel, John F. King, Esquire. 3. The parties reached an agreement in the form of an Order as attached with the exception of Paragraph 4. The parties agreed to the idea of an NB Christmas and alternating holidays and asked the Conciliator to recommend an Order with the additional holiday details. The remainder of the Order was agreed upon with counsel and parties. The parties left the Conference with annotated calendars, pending receipt of the Order. f.63LIlS ~~ Custody Conciliator :251315