Loading...
HomeMy WebLinkAbout05-6363 JODI J. HARRIS, Plaintiff :[N THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA v. :CIVIL ACTION - LA W :IN CUSTODY TIMOTHY J. HARRIS. Defendant :NO. 0 S" - ~3W CI u ~L '-r&<..~ COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff: Jodi .I. Harris, who. by and through her attorneys. Thomas A. Beckley, Esquire. Elizabeth S. Beckley, Esquire, and Beckley & Madden. of Counsel, files this Complaint for Custody, in which she avers that: 1. Plaintiff: Jodi J. Harris, is an adult individual residing at 1123 Sandpiper Court, Mechanicsburg, Cumberland County. Pennsylvania 17050. 2. Defendant, Timothy .I. Harris, is an adult individual residing at 506 Granl Avenue, Camp Hill. Cumberland County. Pennsylvania 17011. 3. Plaintiff seeks primary physical and joint legal custody of the following children: Name Date of Birth Residcnce Abigail M. Harris 12/26/1992 Mother The Child was not born out of wedlock. The Child is presently in the custody of her mother, Jodi .I. Harris, the Plaintiff herein, who resides at 1123 Sandpiper Court, Mechanicsburg. Pennsylvania 17050. 4. During the past five years, the child has resided at the following addresses with the individuals indicated: Pcrsons living with child Plaintiff Address 1123 Sandpipcr Court Mcchanicsburg, PA 17050 patcs Sept 2004 to present Plaintiff and Defendant 470 D Street Carlisle. PA 17013 August 1993 to Sept 2004 5. Plaintifl' is the Mother of the child and she currently rcsidcs with the child at 1123 Sandpiper Court, Mcchanicsburg, Pennsylvania 17050. She is marricd. 6. Defendant is the Father of the child and currently resides with Cher D. Conley at 506 Grant Avenue. Camp Hill. Pennsylvania 17011. His is married. 7. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship Abigail M. Harris Daughter 8. The relationship of Defcndant to the child IS that of Father. The Defendant currently resides with the following persons: Name Relationship Cher D. Conley Girlfriend 9. Plaintitl' has not participated as a party or witness. or in another capacity, in other litigation conccrning thc custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any othcr statc. Plaintifl'does not know of a person not a party to th" procecdings who has 2 physical custody of the child or claims to have custody or visitation rights with respect to the child. ] O. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintitf has been the child's primary care taker since her birth and defendant has had very little visitation with the child because of his unwillingness to commit to a regular visitation schedule. ] 1. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as panics to this action. WHEREFORE, Plaintiff requests that the Court grant her primary physical custody and joint legal custody of the parties' minor child. DA TED: /)--;~ Respectfully submiltcd, of Counsel r:~ / - , ,'homa,. Beck ley ',~'/ 1 -' BECKLEY & MADDEN 2] 2 North Third Street P.O. Box 1] 998 Harrisburg, PA 17108 (7] 7) 233-7691 3 ""- (") "'::: ~'-~ \' "-> \> - - ~ ~ t::> r ~ ~ ~ . _<I - c) . c " (.) .-- r'-... JODI J. HARRIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 05-6363 CIV[L ACTIION LAW TIMOTHY J. HARRIS DFFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 27, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Mellissa P. Greevy, Esq. at MDJ ~...u}()~~~1901 State SI., Camp Hill, P A 17011 on __..._ Fri.d_ay, F~bruary 03, 2006 , the conciliator, at 9:30 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 aceomp[ished, to dellne and narrow the issues to be heard by the court. and to enter into a temporary order. All children age five or older may also be present at the conference. Fai[ure to appear at the conference may provide grounds for entry of a temporary or penn anent 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 10 scheduled hearing. FOR THE COURT. By: fsf Melissa P. Gree~~J.l'!i-. Custody Conciliator f The Court ofCommol1 Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990. For infonnation 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. fF YOU DO NOT HA VE 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 13edt()rd Street Carlisle, Pennsylvania [70 I 3 Te[ephone (717) 249.3 [66 I-~rr~ ft-ttf 7-r-j-"3r:!..."f- lry7'~t.V AdoZ) 7- 7~r~w AeloJ /J~~~~~;i7 "Jo/.5 /' ~';\:',18 l \ .r,] 1!" . t ",,; ',\'j (" t \'-' f' ~-~'l'7 ~':l- f~'t\ ;,ij;& . ~ JODI J. HARRIS. Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA v. :CIVIL ACTION - LAW : CUSTODY TIMOTHY J. HARRIS. Dcfendant :NO.05-6363 AFFIDAVIT OF SERVICE I. Elizabeth S. Bccklcy. being duly sworn according to law, do dcposc and say: 1. I am an adult individual over eightccn years of age. 2. I scrved thc Custody Complaint and Ordcr of Court schcduling a Conciliation Conference of Jodi J. Harris upon Timothy .I. Harris. at 506 Grant Avenuc. Camp Hill. Cumbcrland County, Pennsylvania 17011. on or about January 18.2006. by certificd mail. parcel numbcr 700 I 2510 0002 2637 2 I 90. rcturn reccipt rcquested. Attached hereto is thc return reccipt (grccn card) signed by the Defendant. ,_.---.., /,L- i//-.7" ~b'-'-- - .- ~ izal- 1 S. Bce / Sworn and subscrihcd to bcforc mc this /fHv day of rW-L-<C' 2006. " t.L: 0. J J . ";;;;y Pu~~ic~~~~<C~-i:~EAi:) NOTARIAL SEAl GERALDINE J SCRBACIC. Notary Public City of Harrrsburg. Dauphin Courrty i My Commission Expires Nov. 20, 2006 ~ . SENDER COMPLETE THIS SECTION . 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 mail piece, or on the front if space permits. 1. Article Addressed to: 1'1R TTI1OTh'Y J lfA'1.'l.IS 506 GRANT AVENlJI: CArlE' HILL PA 17011 7001 2510 0002 2637 2190 (( '''! rE !HI' ,f, nON ON [)f I !VUh' A. Sirture X/~ ~. " _g,\l~ ,/ DA ~eceived ( printf{d Name) \"~-b\-r' D. ::~~'lFq;;h::'~ ~~ 'tlllll'~"tb of Delivery '" C, ~- 3. Service Type ~ Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.Q.D, 4. Restricted Delivery? (Extra Fee) A1 Yes File: 46650 102595-Q1-M-250S PS Form 3811. August 2001 Domestic Return Receipt r'v,,:' L_ (' ;; ) i..-,.) \', 'I'T I J E. 0 ri:.~; .,.. I , 'I ifJf{ I J- . ... JODI J. HARRIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6363 CIVIL TERM v. CIVIL ACTION - LAW TIMOTHY J. HARRIS, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this l'''''' day of February, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Jodi J. Harris and Timothy J. Harris shall have shared legal custody of the minor child, Abigail M. Harris born December 26, 1992. 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. Physical Custody. Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. Commencing February 3, 2006 and alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. Commencing February 7, 2006 each Tuesday evening from 4:30 p.m. to 8:30 p.m. C. Commencing February 9, 2006, on alternating Thursdays, from 4:30 p.m. to 8:30 p.m. D. And at such other times as the parties may agree. In the event the Father has a Tuesday night class, the parties shall switch Father's Tuesday night time to occur on Wednesday. '. NO. 05-6363 CIVIL TERM After Abigail is out of school for the summer school recess, in the event that Father is off from work on Friday, at his option and upon reasonable notice to Mother, Father's weekend can commence Thursday evenings at 6:00 p.m. 3. Transportation. With regard to weekend periods of custody, and in the absence of an agreement to the contrary, the parent relinquishing custody shall provide transportation for the custodial exchanges. With regard to weekday periods of custody, the parent receiving custody shall provide transportation. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. In the event the non-custodial parent is not able to speak with the child, the non-custodial parent's call shall be returned within twenty-four (24) hours. 5. Summer. The parties shall cooperate to continue the child's summer traditions to include time with paternal grandparents, the maternal family vacation in the latter part of June, skating camp and 4-H activities (including districts and round-up). The parties shall work cooperatively that each of them may have a one week period of vacation in either July or August, which vacation would include their ordinary custodial weekend. 6. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. Parents shall be permitted to have reasonable and respectful telephone contact with regard to issues related to the health and well-being of their daughter. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 8. schedule: Holidays. The following holiday schedule shall supercede the regular A. Christmas. Each year Father shall have custody for the Christmas holiday break from December 23rd at 9:00 a.m. until December 24th at 10:00 p.m. Each year Mother shall have custody for Christmas from December 24th at 10:00 p.m. until . .. . NO. 05-6363 CIVIL TERM December 2ih at noon. The parents shall share the remaining days of the Christmas holiday recess by their mutual agreement. B. Thanksaivina. Father shall custody each year for Thanksgiving from Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving day at 4:00 p.m. Mother shall have custody for the Thanksgiving school break each year commencing at 4:00 on Thanksgiving day. C. New Year's Eve/New Year's Day. Mother shall have custody on New Year's Eve. Father shall custody on New Year's Day. D. Labor Day and Memorial Day. The parent who has custody of the child preceding Labor Day and Memorial Day shall have their weekend custodial time extended to include these holidays. The custodial period for the Labor Day and Memorial Day weekend shall end at 6:00 p.m. on that holiday. 9. If a parent finds that they are not available for their custodial time provided under this Order, they shall first offer the additional time to the other parent. However, in the event that the parent is not available, then the parent who would ordinarily have the child under the terms of the Order shall be responsible to make alternate care arrangements for the child. 10. agreement. control. The parties may vary from the terms of this Order by their mutual However, in the absence of an agreement, the terms of this Order shall / ---, BY THE C~T: Dis!: Elizabeth S. Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17101 ) Jeanne B. Costopouios. Esquire. 3803 Old Gettysburg Road. Camp Hill, PA 17011 )-/'J -rx..,. ~ .~ :JW ,-- \:.~- ". ,,:-' <" ......... \{) -- .' /------ . --- 1 ' - - '-. - --'--',,' . >., ,+- '-, '" M i/II;;" ' ..... > ' - ~ , ~'i JODI J. HARRIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6363 CIVIL TERM v. CIVIL ACTION - LAW TIMOTHY J. HARRIS, IN CUSTODY 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 Abigail M. Harris December 26, 1992 Mother 2. Mother filed a Complaint for Custody on December 13, 2005. The parties were scheduled for a Custody Conciliation Conference which was held on February 3, 2006. Attending the Conciliation Conference were: the Mother, Jodi J. Harris, and her counsel, Elizabeth S. Beckley, Esquire; the Father, Timothy J. Harris, and his counsel, Jeanne B. Costopoulos, Esquire. 3. The parties reached an agreement in the form of an Order as attached. :J19/Dfo Date ( ( ; YL/&v- Melissa Peel Greevy, Esquir Custody Conciliator mls:268593 JODI J. HARRIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-6363 CNIL TERM TIMOTHY J. HARRIS, Defendant CNIL ACTION - LAW CUSTODY PETITION TO MODIFY CUSTODY AND NOW, the Petitioner, Timothy J. Harris, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Petitioner, Defendant above, Timothy J. Harris, is an adult individual who currently resides at 506 Grant Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Respondent, Jodi J. Harris, Plaintiff above, is an adult individual who currently resides at 1123 Sandpiper Court, Mechanicsburg, Cumberland County, Pennsylvania, 17011. 3. The Petitioner seeks modification of Order of Court dated February 15,2006 regarding the following child: Name Present Residence Age Abigail M. Harris 1123 Sandpiper Court Mechanicsburg, P A 17011 12 years DOB 3/18/93 4. The relationship of the Petitioner to the child is that of natural father. The relationship of the Respondent to the child is that of natural mother. 5. The parties are subject to an Order of Court regarding these parties and child filed at the above term and docket number dated February 15, 2006. Said Order is attached hereto as Exhibit A. 6. The best interests and permanent welfare of the child will be served by modifying the Order dated February 15,2006 as follows: a. The last sentence of paragraph 2 should be state "40 hours notice" instead of "reasonable notice"; b. The following language should be added to paragraph 3: "Neither party shall interact with the other party or otherwise make contact, either in person or by phone, with the other party while in the presence of the child, except via e-mail contact. Further, the party picking up the child shall remain the car during exchanges and the other party shall remain inside his or her residence such as to avoid contact with one another during the exchange." c. Paragraph 4 should be deleted and instead the following language should be added: "Neither party shall call the other party for any reason except in the event of an emergency regarding the child. The child shall be free to call or otherwise contact either party any time for any reason". d. Paragraph 6 should be deleted and replaced with the following: "Neither Father nor Mother shall make any remarks in the presence of the child or otherwise do anything which may estrange the child from or injure the opinion of the child as to the other party or those closely associated with that party or which may hamper the free and natural development of the child's love or affection for the other party or those closely associated with that party. Under no circumstances shall adult issues involving the parties be discussed in the presence of the child. Neither party shall argue with the other in the presence -- of the child. Neither party shall permit the child to remain in the company of any third parties who do not follow the provisions of this paragraph." e. Paragraph 8 should include provisions for Easter break and 4th of July. f. Some of the times Father picks up from Mother's house need to made later due to Mother moving further away from Father's residence and place of employment. 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. WHEREFORE, Petitioner respectfully requests the February 15,2006 order be modified as set forth above. Dated: f ( <{1'Ldab Respectfully submitted, By:a ~ eanne 8.' Costopoulos, Esq~ ATTORNEY FOR DEFENDANT/PETITIONER 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 P A Supreme Ct. ill No. 68735 . - JODI J. HARRIS, Plaintiff . IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 05-6363 CIVIL TERM TIMOTHY J. HARRIS, Defendant : CIVIL ACTION - LAW : CUSTODY VERIFICATION I, Timothy J. Harris, hereby verify that the statements made in the foregoing document 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: s: V- c() S. ~_ Ignature: _' ~ "---' Tio . 's -- - JODI J. HARRIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-6363 CIVIL TERM TIMOTHY J. HARRIS, Defendant : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Elizabeth Beckley, Esquire 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 BY: ~~ ~eanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT/PETITIONER 3803 Gettysburg Road Camp Hill, P A 17011 Telephone: (717) 920-2500 P A Supreme Ct. ill No. 68735 Dated: 1ft/2<kX EXHIBIT A ( " .. rO ('T I ',I E.D ;n, " '''j Nl, ~ \: t, ~:; I. . Ll.... . " j-J. ?- JODI J. HARRIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6363 CIVIL TERM CIVil ACTION - LAW IN CUSTODY v. TIMOTHY J. HARRIS, Defendant TEMPORARY ORDER OF COURT AND NOW, this l'''''' ,day of February, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. leaal Custody. The parties, Jodi J, Harris and Timothy J. Harris shall have shared legal custody of the minor child, Abigail M. Harris born December 26, 1992. 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. ~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 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 primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. Commencing February 3. 2006 and alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. Commencing February 7, 2006 each Tuesday evening from 4:30 p.m. to 8:30 p.m. C. Commencing February 9, 2006, on alternating Thursdays, from 4:30 p.m. to 8:30 p.m. D. And at such other times as the parties may agree. In the event the Father has a Tuesday night class, the parties shall switch Father's Tuesday night time to occur on Wednesday. NO. 05-6363 CIVIL TERM After Abigail is out of school for the summer school recess, in the event that Father is off from work on Friday, at his option and upon reasonable notice to Mother, Father's weekend can commence Thursday evenings at 6:00 p.m. 3. Transportation. With regard to weekend periods of custody, and in the absence of an agreement to the contrary, the parent relinquishing custody shall provide transportation for the custodial exchanges. With regard to weekday periods of custody, the parent receiving custody shall provide transportation. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. In the event the non~custodial parent is not able to speak with the child, the non-custodial parent's call shall be returned within twenty-four (24) hours. 5. Summer. The parties shall cooperate to continue the child's summer traditions to include time with paternal grandparents, the maternal family vacation in the latter part of June, skating camp and 4-H activities (including districts and round-up). The parties shall work cooperatively that each of them may have a one week period of vacation in either July or August, which vacation would include their ordinary custodial weekend. 6. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. Parents shall be permitted to have reasonable and respectful telephone contact with regard to issues related to the health and well-being of their daughter. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 8. Holidays. The following holiday schedule shall supercede the regular schedule: A. Christmas. Each year Father shall have custody for the Christmas holiday break from December 23rd at 9:00 a.m. until December 24th at 10:00 p.m. Each year Mother shall have custody for Christmas from December 24th at 10:00 p.m. until . , " . . NO. 05-6363 CIVil TERM December 27th at noon. The parents shall share the remaining days of the Christmas holiday recess by their mutual agreement. B. Thanksaivina. Father shall custody each year for Thanksgiving from Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving day at 4:00 p.m. Mother shall have custody for the Thanksgiving school break each year commencing at 4:00 on Thanksgiving day. C. New Year's Eve/New Year's Day. Mother shall have custody on New Year's Eve. Father shari custody on New Year's Day. D. Labor Dav and Memorial Da~. The parent who has custody of the child preceding labor Day and Memorial Day shall have their weekend custodial time extended to include these holidays. The custodial period for the Labor Day and Memorial Day weekend shall end at 6:00 p.m. on that holiday. 9. If a parent finds that they are not available for their custodial time provided under this Order, they shall first offer the additional time to the other parent. However, in the event that the parent is not available, then the parent who would ordinarily have the child under the terms of the Order shall be responsible to make alternate care arrangements for the child. 10. The parties may vary from the terms of this Order by their mutual agreement. However, in the absence of an agreement, the terms of this Order shall control. ". ---., Dist Elizabeth S. Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17101 ) Jeanne B. Costopo...". esqu;", , 3803 Old G_bu'lJ Road. Camp Hm, PA 17011 .) -/J -ex:.. ~ .~. ~ . Plaintiff -~:~..=;::~1',' .~'t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05~6363 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY JODI J. HARRIS, v. TIMOTHY J. HARRIS, 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 Abigail M. Harris December 26, 1992 Mother 2. Mother filed a Complaint for Custody on December 13, 2005. The parties were scheduled for a Custody Conciliation Conference which was held on February 3, 2006. Attending the Conciliation Conference were: the Mother, Jodi J. Harris, and her counsel, Elizabeth S. Beckley, Esquire; the Father, Timothy J. Harris, and his counsel. Jeanne B. Costopoulos, Esquire. 3. The parties reached an agreement in the form of an Order as attached. ~!9/0fo Date { (. \ ~/ Melissa Peel Greevy, Esquir Custody Conciliator mls:268593 (:) ~ :::tJ ~ (') ~ ~ <::::> ~ c: = \h c;r-. ..-, ~:o ""(1 i"i'; 3: rnr""fo.J ::b- .....:;;;.. '""'J -< -ohl () ..:;... .-J.. Zrn I ........ ~ (I)J., co :fJ~ () ~ 0 ~ ~ r~ :r~ <~ -0 )> .., ~ ~ ~:8 :x Q 0 ~ ~ ~ 2: ~ ~ :;! 0 CO -< 0- E f- ---....... JODI J. HARRIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6363 CIVIL ACTION LAW TIMOTHY J. HARRIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 18,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 170lt on Friday, June 30, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs tbe 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 hearine:. FOR THE COURT. By: Isl Melissa P. Greevv. Esq. Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 ~ p + ~ ~ j'Cl-;:S'f':f' ~ ~.;2. ~tfr~~ ~ 9f7-~/-5 ~p-;z~~ ~ ,?c;1.~/-.P V:~I'J.lill.Si\iN3d ,uNriC'( '(l'F1qV~(1Q S I :11 I~d 91 AVW9DOZ AtN10i'DH10lJd 3H.L :10 3'::JI:HO-0311:l . . . ' Plaintiff IN THE COURT OF CUMBERLAND COU NO. 05-6363 CIVIL TERM AYG II B ;WOliy ON PLEAS OF JODI J. HARRIS, v. CIVIL ACTION - LAW TIMOTHY J. HARRIS, IN CUSTODY Defendant Oler, J.-- TEMPORARY ORDER OF COURT AND NOW, this ~ day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of February 15, 2006, is VACATED and replaced with the following: 2. Leaal Custodv. The parties, Jodi J. Harris and Timothy J. Harris shall have shared legal custody of the minor child, Abigail M. Harris born December 26, 1992. 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. ~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 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. Phvsical Custodv. Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. Commencing August 4, 2006 and alternating weekends from Friday at 7:00 p.m. until Sunday at 8:00 p.m. B. Until September 5th 2006, each Tuesday evening from 4:30 p.m. to 8:30 p.m. Effective September 12, 2006, Father's alternating Tuesday evening custodial period shall be from 5:30 p.m. overnight to Wednesday morning, when he takes the child to school. C. Until August 24, 2006, on alternating Thursdays, from 4:30 p.m. to 8:30 p.m. Effective September 7, 2006, Father's alternating Thursday evening custodial period shall be from 5:30 p.m. to 9:15 p.m. ! (0 ?;. N 8 "': ::::;, ~'~ o~ :c ")2 ~i 000: -0'( ::.)~ ;'&; ''"P JZ ~iE (.!:> .r.:Z :::> Uw - D'3a... :;;;; 15 "" :::> <=> = U .... , , NO. 05-6363 CIVIL TERM D. And at such other times as the parties may agree. After Abigail is out of school for the summer school recess, in the event that Father is off from work on Friday, at his option and upon 48 hours notice to Mother, Father's weekend may commence Thursday evenings at 6:00 p.m. 3. Transportation. With regard to weekend periods of custody, and in the absence of an agreement to the contrary, the parent relinquishing custody shall provide transportation for the custodial exchanges. With regard to weekday periods of custody, the parent receiving custody shall provide transportation. At the time of custodial exchanges, the party picking up the child shall remain in the car during the exchange and the other party shall remain in his or her residence so as to avoid parental conflict and contact during the exchange. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custodylvisitation. Reasonable telephone contact with the non-custodial parent shall be limited to one telephone call per day. The child may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. In the event the non-custodial parent is not able to speak with the child, the non- custodial parent's call shall be returned within twenty-four (24) hours. 5. Summer. The parties shall cooperate to continue the child's summer traditions to include time with paternal grandparents, the maternal family vacation in the latter part of June, skating camp and 4-H activities (including districts and round-up). The parties shall work cooperatively that each of them may have a one week period of vacation in either July or August, which vacation would include their ordinary custodial weekend. 6. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent, or those closely associated with that party, in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. Parents shall be permitted to have reasonable and respectful telephone contact with regard to issues related to the health and well-being of their daughter. However, telephone calls during work hours shall be limited to urgent needs such as weather-related changes to the current day's custodial schedule or emergencies associated with the child. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. NO. 05-6363 CIVIL TERM Under no circumstances shall adult issues involving the parties be discussed in the present of the child. The parties are specifically prohibited from discussing child support, changes or additions to the child's extra-curricular activities, and the custodial schedule in the presence of the child. 8. Holidavs. The following holiday schedule shall supercede the regular schedule: A. Christmas. Each year Father shall have custody for the Christmas holiday break from December 23rd at 9:00 a.m. until December 24th at 10:00 p.m. Each year Mother shall have custody for Christmas from December 24th at 10:00 p.m. until December 27'h at noon. The parents shall share the remaining days of the Christmas holiday recess by their mutual agreement. B. Thanksaivina. Father shall custody each year for Thanksgiving from Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving day at 4:00 p.m. Mother shall have custody for the Thanksgiving school break each year commencing at 4:00 on Thanksgiving day. C. New Year's Eve/New Year's Day. Mother shall have custody on New Year's Eve. Father shall custody on New Year's Day. D. Labor Day and Memorial Day. The parent who has custody of the child preceding Labor Day and Memorial Day shall have their weekend custodial time extended to include these holidays. The custodial period for the Labor Day and Memorial Day weekend shall end at 6:00 p.m. on that holiday. E. Easter. In the event the child is out of school for Good Friday and/or Easter Monday, the parent who would ordinarily have custody for the weekend that includes Easter would have their weekend expanded to begin on Good Friday and continue until 6:00 p.m. on Easter Monday. In the event that the parent having custody for Easter elects to waive their Easter weekend period of custody in favor of the child spending time with the paternal grandparents, that parent will make arrangements for the child's round-trip transportation to see the grandparents. F. Indeoendence Day. Mother shall have custody for Independence Day in even numbered years. Father shall have custody for Independence Day in odd numbered years. The custodial period NO. 05-6363 CIVIL TERM for Independence Day is from 9:00 a.m. on July 4th through 9:00 a.m. on July 5th. 9. The parties shall participate in therapeutic family counseling to address the on-going conflict between them and its impact on their daughter. The duration of the counseling shall be at the discretion of the therapist. BY THE COURT: J. Dis!: Elizabeth S. Beckley, Esquire, 212 N. Third Street, Harrisburg, PA 17101 ~ Jeanne B. Costopoulos, Esquire, 3803 Old Gettysburg Road, Camp Hill, PA 17011 I~ ~ './/-0 ~ '": .... Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6363 CIVIL TERM CIVIL ACTION - LAW JODI J. HARRIS, v. TIMOTHY J. HARRIS, IN CUSTODY 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 Abigail M. Harris December 26, 1992 Mother 2. Father filed a Petition to modify the Custody Order on March 8, 2006. The Custody Conciliation Conference had been scheduled for June 30, 2006. However, by mutual agreement of Counsel, the Conciliation was continued to July 28, 2006. Attending the Conciliation Conference were: the Mother, Jodi J. Harris, and her counsel, Elizabeth S. Beckley, Esquire; the Father, Timothy J. Harris, and his counsel, Jeanne B. Costopoulos, Esquire. 3. This is the parties' second Conciliation Conference. The prior Conference was February 3, 2006. That Conference resulted in the entry of an Order by mutual agreement of the parties. Unfortunately, it seems that since the last Conference that the circumstances between the parties have been characterized by a great deal of conflict. 4. Father's Dosition on custodv is as follows: Father seeks to modify the Order in a variety of ways, which could limit opportunities for the parties to have contact or interaction with each other while in the presence of the child and, in the absence of an emergency, even via telephone. Father asks for a more specific definition of the notice provision of Paragraph 2. He asks that adult issues not be discussed in the presence of the child, and that the Order require the parties refrain from making disparaging remarks regarding each other, or those closely related to the parties, in the presence of the child. Father asks for more specific provisions regarding Easter break and the Fourth of July, and adjustment to pick up and drop off times made necessary by Mother's relocation to Gardners, PA. .- '. ..,. NO. 05-6363 CIVIL TERM Father is distressed by the conflict which continues between the parties but seems pessimistic that things can improve and that the parties can reach an agreement. Father reports that he has received as many as 50 calls in one day from Mother at his place of employment. 5. Mother's position on custody is as follows: Mother no longer resides in Mechanicsburg. She reports that she now lives in Gardners, but acknowledges that this may not be a permanent residence. However, she does not have specific plans to relocate from Gardners in the foreseeable future. Mother also recognizes the parties have significant conflict and while she agrees with the value of insulating the child from their conflicts, she does not see why it would be necessary to put in black and white the restrictions on the parties which were requested in Father's petition. Mother reports that the child has repeatedly asked to come home from visit from Father earlier than the designated time. She further reports that the child has resisted visits to Father. Accordingly, she was not agreeable to Father's request for additional overnight periods of custody. Nonetheless, she recognizes that as a result of her move to Gardners, the drive time involved between Father's place of employment and her new location that mid-week periods of custody that do not involve overnight stays leave very little time for anything other than a meal and homework. 6. The parties reached an agreement to modify certain portions of the Custodial schedule and to eliminate their contact at the point of custodial exchanges. Although there was some initial resistance from Father, probably borne out of his pessimism that therapeutic intervention would help, the parties did agree to try therapeutic family counseling in order to seek their professional assistance in lowering the conflict between them as they parent their young adolescent daughter. The parties have been given the names of three therapists who work with families and children and who may be sufficiently credentialed that they will be covered by health insurances. Additional participating therapists with Father's health insurance were identified by Mother as well. g/1!~~ Date . e sa Peel Greevy, Esquire Custody Conciliator :280609