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HomeMy WebLinkAbout05-4903 JUDY HUSLER and MICHAEL HUSLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. NO. 0<;- l./q03 CGJ IZ..... CASSANDRA COLSON and RYAN COLSON, CIVIL ACTION - LAW IN CUSTODY Defendants COMPLAINT FOR CUSTODY 1. The Plaintiffs are Judy and Michael Hus1er, who currently reside at 530 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, Cassandra Colson, is an adult individual who is believed to currently be homeless. 3. The Defendant, Ryan Colson, is an adult individual who currently resides at 923 Burnthouse Road, Carlisle, Cumberland County, Pennsylvania. 4. The Plaintiffs seek custody of the following child: Name: Orion Colson Date of Birth: June 5, 2001 Address: 530 Conodoguinet Avenue, Carlisle, P A 5. The child was born during wedlock. 6. The child is presently in the custody of Judy and Michael Husler, who reside at 530 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania. 7. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Judy and Michael Hus1er, maternal grandparents 530 Conodoguinet Ave. Carlisle, P A 17013 04/05 to present Cassandra and Ryan Colson Various (including address) Addresses 06/01 to 04/05 the above Judy and Michael Husler 8. The maternal grandparents of the child are Judy and Michael Husler, who reside at 530 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania. 9. The mother of the child is Cassandra Colson, who resides at an unknown location. 10. Mother of the child, Cassandra Colson, is not married. 11. The father of the child is Ryan Colson, who currendy resides at 923 Burnthouse Road, Carlisle, Cumberland County, Pennsylvania. 12. Father of the child, Ryan Colson, is not married. 13. The relationship of Plaintiffs to the child is that of maternal grandparents. 14. The relationship of Defendants to the child is that of father and mother. 15. The Defendants currendy reside with the following persons: Father resides with his girlfriend, Georgeanna Rupp; it is unknown with whom Mother is currendy residing. 16. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 17. Plaintiffs have information of a custody proceeding concerning the child that was previously litigated in a court of this Commonwealth. The prior custody order dated October 16, 2004, docketed at 03-5820 Civil Term, is attached hereto as 'Exhibit A'. 18. Plaintiffs do not know of a person not a party to the proceedings who have physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Maternal Grandparents have been caregivers of the minor child pursuant to a grant of Guardianship by Mother on April 29, 2005. (A copy of the grant of Guardianship is attached hereto as 'Exhibit B'). While in their custody, they have: ,. Planned and prepared meals; 11. Bathed, groomed and dressed the child; 111. Purchased, cleaned and cared for the child's clothing; IV. Arranged medical care, including trips to physicians, as needed; v. Arranged alternative daycare, as needed; VI. Put the child to bed nighrly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Maternal Grandparents. c. Maternal Grandparents are able to provide a stable environment for the child. d. Maternal Grandparents have pnmary physical custody of another granddaughter, Patience Fetter. e. It is believed and therefore averred that it is in the child's best interests to be raised in the same household as her sister. f. There have been extended periods of time in which Father did not contact Maternal Grandparents to see the minor child. g. It is believed and therefore averred that it is in the child's best interests to attend school with her sister in the Carlisle School District. 20. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, Plaintiffs request that This Honorable Court grant pnmary physical custody of the child to Plaintiffs/Maternal Grandparents. Respectfully submitted, ADOM & KUTULAK!S, L.L.P. DATE~ Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiffs CASSANDRA L. COLSON, PLAINTIFF V. RYAN W. COLSON, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-5820 CIVIL TERM ORDER OF COURT l6 AND NOW, this day of October, 2004, following a hearing on the merits, IT IS ORDERED: (1) All prior custOdy orders are vacated and replaced with this order. (2) Ryan W. Colson and Cassandra L. Colson shall have shared legal custody of Orion Moon Colson, born June 6, 2001. (3) Each parents shall have physical custody of Orion as follows: (a) The father shall have her from Sunday at 11 :00 a.m. until Wednesday at 5:00 p.m. (b) The mother shall have her from Wednesday at 5:00 p.m. until Sunday at 11 :00 a.m. (c) The father shall have her on Thanksgiving from 9:00 a.m. until 5:00 p.m. (d) At Christmas, Block A shall be December 24th at noon until Christmas Day at noon. Block B shall be Christmas Day at noon until December 26th at noon. The father shall have her for Block A in odd numbered years and Block B in even numbered years. The mother shall have her for Block A in even numbered years and Block B in odd numbered years. (e) The mother shall always have Orion on Mother's Day and the father shall always have her on Father's Day. (f) Each parent is entitled to ten uninterrupted days with Orion during each summer upon thirty days written notice. (g) Transportation shall be by the delivering parent. (h) The mother shall not allow any unsupervised contact of Orion with Donald Greth. \ Edgar B. Bayley, J. ~eoffrey Biringer, Esquire For Cassandra L. Colson :sal v"Jathan C. Wolf, Esquire V For Ryan W. Colson J (J-/9 -(J I . \l';I//~!,!. ~~\r:-,_'~d !t.LN;jr<~. ;" ,.:' ;~':-/'-J;;) U :2 lid 61 lJD ~caz ,~.b\i.:C'i '.'C:-".L;~:;J:i :I'il J'J ;;:~,) :L-:o"'n::ni~ GRANT OF GUARDIANSHIP KNOW ALL MEN BY THESE PRESENTS, that I, Cassandra Colson, do hereby make, constitute and appoint my mother and father, Judy Husler and Michael Husler, who may act individually with respect hereto, my true and lawful Guardians for my child, Orion Colson, born June 5, 2001, social security number /7 ~r '&) -3ql~ ' and to exercise custody of Orion Colson during times granted to me under the existing Court Order, to: Do all such acts and to complete, execute and acknowledge any and all documents, writings, assurances and instruments necessary to obtain or authorize all matters pertaining to the schooling, medical treatment and complete care of my child. This Guardianship shall be utilized by any school or school district; by any hospital, clinic, doctor or practitioner of medicine; by any agency of the federal, state or local government; or by any other agency, firm, organization, corporation or association. This Guardianship shall be effective for use including, but not limited to, the following: authorization for any act or activity associated with the education of my child; authorization for any emergency treatment, diagnostic examination or surgery or any other medical procedure or admission to any medical facility; authorization for participation in any and all sports, recreational and club activities; and for all other matters affecting the health, education, safety and welfare of my said child. My said attorney is authorized to act as a Guardian of my minor child with power of attorney under me for all purposes and to do all lawful acts requisite fqr effecting the aforesaid, and I hereby ratify and confirm all that my said attorney shall do by virtue of this Guardianship. The above-named child is not in the custody of the county child or youth services; and, further, to the best of my knowledge, information and belief, there is no court order barring my authority to grant Guardianship for the above-named child. This Guardianship shall be effective on April 29, 2005. Qc~c''NLu\. rl G-t:)o"v Date: l\~rv.J. ;j.,C) J 2005' Cassandra Colson VERIFICATION I, Judy Husler and Michael Husler, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. 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 9 -.J..o - 05 C]fAroJ d /!uJ~/l/ Ju y Huslet . Date )"f JO) (")5 ~~~0- . chael Husler CERTIFICATE OF SERVICE AND NOW, this W+kaay of ~ 2005, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendants by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Cassandra Colson 530 Conodoguinet A venue Carlisle, PA 17013 Ryan Colson 923 Burnthouse Road Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for P laintiffi ~f '- ....... " <:> "" ~ ." <' "<} v, j? ~ l>.: (") t-> ~ = c: <".:> -;::-:' c..n -~..:,.., </l sl.-n 9i;", r'(1 1'11- -0 ~ >"" N -0 -- (/~ - :uy -," . C) - s:: r:.:. ~'::!~4. --:(",-~ :P" :C.-q ~. '.' \ .1 :;!l: (~H.~ '~~(~ CP. 6rn ... L_ -"I ~ <- ~j."'" ::;! .r;:- ~ Q:) '" v C) JUDY HUSLER and MICHAEL HUSLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. NO. 05-4903 CASSANDRA COLSON and RYAN COLSON, CIVIL ACTION - LAW IN CUSTODY Defendants AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and cottect copy of the Complaint under Section 3301(c) of the Divorce Code, upon the Defendants, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on June 15, 2005, at Carlisle, Pennsylvania, addressed as follows: Ryan Colson 923 Bumthouse Road Carlisle, PA 17013 Cassandra Colson 530 Conodoguinet Avenue Carlisle, PA 17013 Return cards acknowledging receipt on September 22, 2005 are attached as Exhibit "A". Date:~ Kara W. Haggerty, Esq. 36 South Hanover Sttee Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff LD. No: 86914 i , '- . . SENDER (OMPtl T{,: Tf-l!" "I 71t. I\i . Complete items 1, 2, and 3. Also complete item 4 if 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 jf space permits. t. Article Addressed to: e~fu\ C.dSD(\ q2-~ Burntholj~0 f.d, COv;'/~l~k) fA- J7DI~ 2. Article Number (Transfer from service label) PS Form 3811, February 2004 o Agent D Addressee c.~ O.lsdeliverya i'ess from 11 Dyes If YES, enter delivery address below: 0 No 3. Service Type acertified Mall 0 Express Mall o Registered ~etum Receipt fer r 1;"-hAndl~ o Insured Mail 0 C.O.D. 4. Restrlcted Delivery? (Extra Fee) 0 Ves Domestic Return Receipt SENDER COMPI t rf r/-w; '>f ( T,( ~, . COmplete nems 1, 2, and 3. Also complete Item 4 if 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: C<us~t7>-- c!.ds\JYI . 63b Conod.(;jvti()~-I- ~r1isle..., P"A t70\3> 2. Article Number (Transfer from service label) PS Form 3811 , February 2004 1 0259S-02-M-1540 ~~ 8. Received by. o Agent o Add....... C. Date of Delivery <1. ''d-':).. < os- p, Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No 3. ~ice Type I'{gertlfled Mall D Express Mall o RegIstered ~ReceipHorl"-"""lall o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Domestic Return Receipt 102595-Q2--M-1540 EXHIBIT ''A'' (") ~~ -0i:i' S;' r~' ~,,7 r tr! - ...---::- '~;~ '-~ g~(~ ..."r- ~ ..... -~ <:: <:: Co V [ "" C C) -n ---1 ,c:'E ," C,~I~ . ) .-; ~}j ,< JUDY HUSLER AND MICHAEL HUSLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v, 05-4903 CIVIL ACTION LAW CASSANDRA COLSON AND RYAN COLSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, Septemher 29, 2005 .' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Huhert X. Gilroy, Esq. at 4th Floor, Cumberlaud County Courthouse, Carlisle on Thursday, October 27, 2005 , the conciliator, at 8:30 p.rn. for a Pre-Hearing Custody Conference. At such conference, an eff011 will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older mav also be present at the conference. Failure to appear at the conference mav 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By:. /s/ Hubert X Gilrov, Esq. Custody Conciliator f''0 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 ottice. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - pfi ~JI' -. ~~ >"kf ' *:z "1r- ~~ Jb.""" k r$ ~ ~ P9 .,rOo6t?" .."r.<.,'\ Al.NC;{,i.. ' .. "'~'.'.tr,1"\ ;....iliJ - I:S SDDZ C I :11 1.1j 62 cd ~,'" :JHl-10 ' t'-;, ','-"".!..~; i 'cO..J .... l U\.j t \)( ":"-,' 'I '~~'J . -"l" ALlY_I, -"'"" 1('It-(1:1 lj jvL:::::_~... <_ --- JUDY HUSLER and MICHAEL HUSLER, B IN THE COURT OF C CUMBERLAND COUNTY, PENNSYLVANIA 'RECEIVEb NOV 0 1 Z005 '!1f . ,~ , J- Plaintiffs NO. 05-4903 CIVIL ACTION - LAW v. CASSANDRA COLSON and RYAN COLSON, IN CUSTODY Defendants CASSANDRA L. COLSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5820 CIVIL ACTION - LAW RYAN W. COLSON, Defendant IN CUSTODY ORDER OF COURT 1t7() L. ) r AND NOW, this vr day of I I d7/06~ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Co room No. 2 of the Cumberland County Courthouse on the ~-t;/l day of L ~' , 200~, at / 30 ~.m. At this hearing, the Mate Grandpa nts shall be the moving parties and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and the opposing party or counsel, a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of October 16, 2004 shall remain in place subject, however, to the understanding that the Maternal Grandparents, Judy Husler and Michael Husler, shall be enjoying physical custody with the minor child pursuant to the October 16, 2004 Order during the times that the Mother, Cassandra L. Colson, was specified to have physical custody. The Father, Ryan W. Colson, shall continue to enjoy custody with the minor child as set forth in the October 16, 2004 Order. 3. In the event Father retains legal counsel prior to the hearing and Father's attorney believes this matter could possibly be resolved with a Conciliation Conference, counsel for Father may contact the Conciliator directly who may schedule a second Custody Conciliation prior to the above scheduled hearing. Also pending said hearing, Father retains the right to assert all appropriate claims relative to standing and other issues that Father may advance in favor of his position. 4. Pending further Order of this Court, the exchange of custody on Wednesdays pursuant to the October 16, 2004 Order shall be changed to 2:00 p.m. BY THE COURT: .// Edgar B. Bayley, Judge Cc: ~a W. Haggerty, Esquire ~. Cassandra L. COl:~~ )\'fr. Ryan W. Colson ~~ ~ \\,D >-. r- ?: g{ .:;T ".-;'~ \-- c;, ~.o:~~:~, C) ,,1-'0' ::1C '2(:) :} ;~-" \.}~ ::1.: a.. -:.. -. ."'", (7(-:) N ~ ~',-:' In QC)::: I '~ w'-'- jt\,t,! ?"" ti 0 F: :;e: " ~ cr> ,,5 = <= (.) <-J JUDY HUSLER and MICHAEL HUSLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-4903 CIVIL ACTION - LAW v. CASSANDRA COLSON and RYAN COLSON, Defendants IN CUSTODY CASSANDRA L. COLSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5820 CIVIL ACTION - LAW RYAN W. COLSON, Defendant IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TIlE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Orion Moon Colson, born June 6, 2001 2. A Conciliation Conference was held on October 27, 2005, with the following individuals in attendance: The Mother, Cassandra L. Colson, who appeared without counsel The Father, Ryan W. Colson, who appeared without counsel The Maternal Grandparents, Judy Hus1er and Michael Hus1er, who appeared with their attorney, Kara W. Haggerty, Esquire . . , 3. The history of this case is that the Mother and Father held a hearing in October of last year, after which Judge Bayley issued an Order dated October 16, 2004 which gave the natural parents shared legal custody with the Father having physical custody Sunday at 11:00 a.m. until Wednesday at 5:00 p.m., and Mother having physical custody Wednesday at 5:00 p.m. until Sunday at 11:00 a.m. Since that time, circumstances have developed that Mother has become homeless on occasion and in April of this year, Mother executed a document granting her parents "Guardianship" of the minor child. Father did not join in that document. There is a suggestion that Father was not around for awhile and was not enforcing his rights under the existing custody Order. However, Father has been enforcing his rights at least since this past July and the circumstances since July have been such that Father has had physical custody of the child from Sunday at 11:00 a.m. until Wednesday at 5:00 p.m. and the Maternal Grandparents have had custody from Wednesday at 5:00 p.m. until Sunday at 11:00 a.m. 4. The Maternal Grandparents are now seeking primary custody suggesting that the minor child should be with them on a full time basis in order to start school. Additionally, they are suggesting that they would provide a better situation for the minor child for raising the child. The Mother joins with the Maternal Grandparents' position. The Father is of the position that he should have primary custody. 5. The Father is currently seeking an attorney and hopes to have an attorney retained prior to any hearing in this case. 6. The Conciliator views the Guardianship prOVISion to be rather unusual and not binding upon the Court's prior Order of October 16, 2004. However, the facts are that the status quo is such that the Maternal Grandparents have stepped in place of the Mother in connection with the October 16, 2004 Order, and the Conciliator recommends the continuation of the existing status quo on custody pending a hearing. 7. The Conciliator recommends an Order in the fonn as attached. Hubert X. Gilroy, Custody Concilia r Date: I () -;). g. - OJ /}LgJ _. d- [.'C' c; iLlUJ JUDY HUSLER and MICHAEL HUSLER, f:rA~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " Plaintiffs NO. 05-4903 CIVIL ACTION - LAW v. CASSANDRA COLSON and RYAN COLSON, IN CUSTODY Defendants CASSANDRA L. COLSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5820 CIVIL ACTION - LAW RYAN W. COLSON, Defendant IN CUSTODY ORDER OF COURT AND NOW, this t,...- day of December, 2005, upon consideration of the attached Custody Conciliat~rt, it is ordered and directed as follows: 1. The hearing scheduled in this case on January 4, 2006 is cancelled. 2. The Maternal Grandparents, Judy Hus1er and Michael Husler, the Mother, Cassandra L. Colson, and the Father, Ryan W. Colson, shall enjoyed shared legal custody of Orion Moon Colson, born June 6, 2001. 3. The Maternal Grandparent~ shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends, the times for exchange of visitation to be agreed upon by the parties. B. At such times as the parties may agree. 5. The Mother shall enjoy periods of temporary physical custody of the minor child at such times as the parties may agree. .. 6. In the event any of the parties become dissatisfied with the terms of this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. Cc: ~ra W. Haggerty, Esquire \. -h Cassandra L. Colson ~r. Ryan W. Colson I Ed?% B, ..,~~ (\r9 50 \~ " -. , () " -. r,'~ 0 I' _1'-- Le - '-:) --' I \L (.~.1 , ~-: ~J U~ ~.~.:i ,~ . C.> () ~:'-..-) ,--- ~ JUDY HUSLER and MICHAEL HUSLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs NO. 05-4903 CIVIL ACTION - LAW v. CASSANDRA COLSON and RYAN COLSON, Defendants IN CUSTODY CASSANDRA L. COLSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5820 CIVIL ACTION - LAW RYAN W. COLSON, Defendant IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley 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 infonnation pertaining to the child who is the subject of this litigation is as follows: Orion Moon Colson, born June 6, 2001 2. A Conciliation Conference was held on November 30, 2005, with the following individuals in attendance: The Mother, Cassandra L. Colson, who appeared without counsel The Father, Ryan W. Colson, who appeared without counsel The Maternal Grandparents, Judy Husler and Michael Husler, who appeared with their attorney, Kara W. Haggerty, Esquire 3. The parties agreed to an Order in the fonn as attached. Date: 1:)- S~ (;J~ ~tJ.m~ Custody Conciliiitor