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HomeMy WebLinkAbout02-2704 TRACEY L. DONS ON, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0,,2 - ~ 10'-( Ci.u:J~.- ALEXANDER D. DONS ON, Defendant : CNIL ACTION - LAW : CUSTODY EMERGENCY CUSTODY COMPLAINT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Plaintiff is Tracey L. Donson, who currently resides at 4822- B East Toodle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Alexander D. Donson, who currently resides at 312 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks primary physical custody and shared legal custody ofthe parties' minor child, Hailey A. Donson, born December 9, 1997. 4. The child was not born out of wedlock. 5. The child is currently in the custody ofthe Plaintiff, Tracey L. Donson, who resides at 4822-B East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. During the past five years the child has resided with the following persons and at the following addresses: Persons Address Dates Tracey L. Donson 4822-B E. Trindle Road October 2001 Devan Williams Mechanicsburg, P A to present Tracey L. Donson 719 Florence Circle August 2001 - Dominic Portanova Mechanicsburg, P A October 2001 Sherry Portanova Dominic J. Portanova Stephanie Portanova Devan Williams Tracey L. Donson 312 Sample Bridge Road May 2000 to Alexander D. Donson Mechanicsburg, P A August 2001 Tracey L. Donson 217 North Locust Point Road Birth to Alexander D. Donson Mechanicsburg, P A May 2000 Devan Williams 7. The mother of the child is currently married to the father of the child. 8. The father of the child is Alexander D. Donson, who currently resides at 312 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 9. The father of the child is currently married to the mother of the child. 10. The relationship of Plaintiff, Tracey L. Donson to the child is that of mother. The Plaintiff currently resides with: Name Hailey Donson Devan Williams Relationship Daughter Daughter 11. The relationship of Defendant to the child is that of father. The Defendant currently resides alone. 12. Plaintiffhas not participated as a party, witness, or otherwise in litigation concerning the custody of the said child. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interests and permanent welfare ofthe child will be served by granting the relief requested because the Plaintiff has been the primary physical custodian of the child and confirming said custody is in the best interest of the child. 16. The parties have been following an informal custody schedule until the evening of June 2, 2002, when Defendant refused to return the subject child to Plaintiff, who has had primary physical custody ofthe child since August 2001. 17. Each parent whose parental rights to the child has not been terminated and the person who has physical custody ofthe child has been named as parties to this action. WHEREFORE, Plaintiff respectfully prays that Your Honorable Court award primary physical custody and shared legal custody of the child to the Plaintiff; and schedule a Conciliation Conference immediately to determine Defendant's partial custody rights. Respectfully submitted, ~W Lo . K. erratelli, Esquire S RRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: l Q ~ D?'> - Dd.. ~~~OV\ TRACEY L. N ON CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certity that on this ("3~y of ~ , 2002, I served a copy of the foregoing document by United States Mail, First C~ postage pre- paid, to the following person(s): Max J. Smith, Jr., Esquire JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, P A 17033 Lo'. atelli, Esquire S TELL!, SCHIFFMAN, OWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, P A 1711 0 (717) 540-9170 Attorney for Plaintiff 0 C) p C 1'0 n ~ ::~. c._ Y~T~ ~D ~~~r: ".,'" I ~ j C:i ,,'. .(::. ~ ~R ;~) :J.( (,.j ~>(,~ ,..., ~) , '. -. -=j N L::; ..,~ '" 'l- =< ~0 :.u v, W r-,) -< OQ <:)I ~ -0 (j ~ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACEY L. DONSON v. 02-2704 CIVIL ACTION LAW ALEXANDER D. DONSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliati>r, at 39 West Main Street, Mechanicsburg, P A 17055 on Monday, June 24, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; on 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 the parties to furnish any and aU 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 Dawn S. Sunday. 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Permsylvania 17013 Telephone (717) 249-3166 ~-r~ ~~ ~p~ ~~ '~r~~~'W t VlNV/ilASNN3d Al.Nnoo ON'rf?83EWvnO ez :Z Ud l- Nor zo J..WIOfJ.:y!-:LOdd 31-11 :10 3vd:i0-031IJ -c: o'L. ? -e Cl- t...- "I co(/- L- ? .. TRACEY L. DONSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-2704 CNIL ACTION - LAW ALEXANDER D. DONSON, Defendant CUSTODY STIPULATION FOR CUSTODY AND NOW, come the above-named parties and their attorneys and hereby stipulate and agree to the following provisions for custody of their minor child, pending further proceedings in this matter and any subsequent Order of Court: 1. The parties will share legal custody of their minor child, Hailey A. Donson, born December 9, 1997. 2. The Plaintiff7Mother shall have primary physical custody of the child and the DefendantJFather shall have the following periods oftemporary or partial custody: A. Week One: Commencing the week after execution of this Stipulation, from Thursday after work until Friday morning at 8:30 a.m.; and B. Week Two: Tuesday after work until Wednesday morning at 8:30 a.m., Thursday after work until Friday morning at 8:30 a.m., and Friday after work until Monday morning at 8:30 a.m. 3. With respect to holidays: A. Mother shall be entitled to have the child Mother's Day; Father shall be entitled to have the child Father's Day at times mutually agreed upon by the parties. B. The Christmas Holiday shall be divided in segments and alternated yearly with Mother having Segment A (December 24 at Noon to December 25 at noon) for 2002 and all even years thereafter, and Father having Segment B (December 25 at noon to December 26 at noon) for 2002 and all even years thereafter. C. All custodial time for the parties' holidays and vacations shall be agreed upon by the parties. 4. The parties shall, at all times, foster a positive, meaningful and loving relationship between the child and the other parent, and neither parent shall say or do anything which would cast the other parent in an unfavorable or negative light to the child, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about the other parent to the child or in the presence of the child that would in any way denigrate the other parent. 5. Both parents will attempt, by all possible means, to foster the child's relationship with the other parent. Both parents realize and appreciate that it is critical for the child's health and development that the child feels good about and loving towards both parents and that both parents playa major role in helping to achieve this goal. 6. Plaintiff and Defendant agree that they shall communicate directly concerning the child or the visitation schedule and will not communicate through third parties unless there is an emergency necessitating such communication. 7. Both parties shall keep the other informed of their current telephone number and address. 8. Any major modifications to this Stipulation shall be in writing. Minor modifications or adjustments may be done orally by the parties. .... -.... 9. The parties agree to the entry of a Court Order in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. IN WITNESS WHEREOF, the parties and their counsel have set their hands and seals this day of J\J'N)~;;) J-j ,2002. WITNESSES: ~~OL Lo~ errat " Esquire Attorney for Plaintiff ~~ ~.~~~ Tracey L. DonsOa Plaintiff -~ Attorney for Defendant 1a~L uD)~ Alexander D. Donson Defendant (") C ?" -~ <::> Ci.J (Tin"; -:'-.=!. zt- cJ5 J:: -<.c: ~=~: Zc_" -.- < . );> <= ~ o N (- c:: :e N 0'1 o ""n -q ~7 -- j :j (--:) "T-r, '."''','j ~jC) ;.:".:~ nl ,~ --I ...,..~ :n -< ~ v -... S~ N CO J~ ,00, TRACEY L. DONSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-2704 CIVIL ACTION LAW ALEXANDER D. DONSON, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 24TH day of June, 2002, the Conciliator, having been advised by Plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for August 6, 2002 is canceled. FOR THE COURT, D~1Pa Custody Conciliator o ~;,; '"1:J C~l~~ n-'l' . ZT' /~,r. (j) -< GC ~,-~, c"', ;-~. )>c ~ C;:J t"..J S= ~ ,..- ~-, i..~ .J () I c: ~':J '-t~~-}i ,-'~ ::J ~~~ f~ =i 55 -< :Po ::r-: 9? -':':) '0 JU~ 2002 TRACEY L. DONSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-2704 CIVIL ACTION - LAW ALEXANDER D. DONSON, Defendant CUSTODY ORDER AND NOW, upon consideration of the foregoing Stipulation for Custody, it is hereby ORDERED and DECREED as follows: 1. The parties will share legal custody of their minor child, Hailey A. Donson, born December 9,1997. 2. The Plaintiffi'Mother shall have primary physical custody of the child and the Defendant/Father shall have the following periods of temporary or partial custody: A. Week One: Commencing the week after execution of this Stipulation, from Thursday after work until Friday morning at 8:30 a.m.; and B. Week Two: Tuesday after work until Wednesday morning at 8:30 a.m., Thursday after work until Friday morning at 8:30 a.m., and Friday after work until Monday morning at 8:30 a.m. 3. With respect to holidays: A. Mother shall be entitled to have the child Mother's Day; Father shall be entitled to have the child Father's Day at times mutually agreed upon by the parties. B. The Christmas Holiday shall be divided in segments and alternated yearly with Mother having Segment A (December 24 at Noon to December 25 at noon) for -{ f ~ ~~ f~ , -<p. .~ P' ~ I:) ~ ~ y . .J 2002 and all even years thereafter, and Father having Segment B (December 25 at noon to December 26 at noon) for 2002 and all even years thereafter. C. All custodial time for the parties' holidays and vacations shall be agreed upon by the parties. 4. The parties shall, at all times, foster a positive, meaningful and loving relationship between the child and the other parent, and neither parent shall say or do anything which would cast the other parent in an unfavorable or negative light to the child, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about the other parent to the child or in the presence of the child that would in any way denigrate the other parent. 5. Both parents will attempt, by all possible means, to foster the child's relationship with the other parent. Both parents realize and appreciate that it is critical for the child's health and development that the child feels good about and loving towards both parents and that both parents playa major role in helping to achieve this goal. 6. Plaintiff and Defendant shall communicate directly concerning the child or the visitation schedule and will not communicate through third parties unless there is an emergency necessitating such communication. 7. Both parties shall keep the other informed of their current telephone number and address. 8. Any major modifications to this Stipulation shall be m writing. Minor modifications or adjustments may be done orally by the parties. 'J~ 1, ~1.-- J. V!N\-j;\lASNN":3d 'lNn, "',-' ". '.nl '~" C',lAln" 1\ ~ \).) C!\']'I..' ICT:I,'::V.~1 Iv ., I '01 Lt,\-! o . i,~ s- In! 20 ",UV.l U<'- ' ., '::l~)!j,)~)" O=~-~H 11"-" :J'...) TRACEY L. DONSON, PlaintiffJPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA vs. : NO. 02-2704 : CIVIL ACTION - LAW ALEXANDER D. DONSON, DefendantJRespondent : CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Plaintifii'Petitioner, Tracey L. Donson, by and through her attomey, Lori K. Serratelli, Esquire, and files this Petition to Modify Custody, and avers as follows: I. PlaintiffJPetitioner is Tracey L. Donson, an adult individual who resides at 4822B East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. DefendantJRespondent is Alexander D. Donson, an adult individual whose last known address is 312 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The subject minor child is Hailey A. Donson, born December 9, 1997. 4. The parties executed a Stipulation for Custody June 24, 2002, and the Honorable Edgar B. Bayley issued an Order July 3, 2002 pursuant to the parties Stipulation. Said Stipulation awarded PlaintifflPetitioner primary physical custody of the subject minor child, with DefendantJRespondent receiving periods of temporary or partial custody. 5. DefendantJRespondent has, on several occasions, picked up the child to begin his periods of partial custody and has not had the child's car seat in the vehicle, thus placing the child in danger. 6. DefendantJRespondent has transported the child in his vehicle and allowed the child to sit on the console ofthe vehicle. The child was not restrained and fell into the dash and received a bruise on her forehead. 7. The child has been telling her sister that Daddy is sleeping with at least three to four different women, whose names the child verbalized. The subject minor child seems keenly aware of her father's behavior with women. WHEREFORE, PlaintiffJPetitioner prays this Honorable Court order that DefendantJRespondent's periods of temporary or partial custody be supervised in light of DefendantJRespondent's promiscuity in front ofthe child and his failure to use a car seat to safely transport the child. Respectfully submitted, Lo , . Serratelli, Esquire orney ill No. 27426 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 Attorney for PlaintifflPetitioner CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this r9 '-I day of rd. , 2002, I served a copy of the foregoing document by United States Mail, First Class, pJstage pre- paid, to the following person(s): Max J. Smith, Jr., Esquire JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, P A 17033 ~- Lo' S TELLI, SCHIFFMAN, BROWN & CALHOON, P.c. 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 Attorney for PlaintifflPetitioner VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: <=\ - ~L\ - D~ ~~~C1~ Tracey L. Don~n NR~ f1- I~ ~ ..... eN g ~ ~ -0 o --....c: P- 7B ~ -I.- I' --- (") c s: "U u- n",. Z:C' ~~: r::c.. ~, zc. -=() ::Po (''::: 2: :< a 1'-..' U') 'TJ '"0 W (~ o 'Tl TJ ,-.'" =-.:;~8 '\ 1 ::-::i~J .- '~,: -;-1 ~!~ u ,.-; $ -< :t:m ...l:>.. 9 .".) -I="' TRACEY L. DaNSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-2704 CIVIL ACTION LAW ALEXANDER D. DaNSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, Oetober 30, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 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 Dawn S. Sunday. Esq. (f1/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~? ~ /fr..P1V ~ ~~~~~.DW~~ ~r'P ~~/'9 '1~\t1\1~SNN3d ALJ\JnuJ O\~118:'j8VlJn:) 6E::1/IiV L-1JO?n ~.... '0 Al:J'ti.tci'.', . jn., 'i,...., _ I ' :J\..I'__ ". 1- 1 c:'CJ-t.-O! -eO~<...-()f 7::'O-l- Of '. vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~- ~7D4 ~l',",.~l c..,-Efi-~ : CNIL ACTION - LAW TRACEY L. DONSON, Plaintiff ALEXANDER D. DONSON, Defendant : CUSTODY AMENDED STIPULATION FOR CUSTODY AND NOW, come the above-named parties and their attorneys and hereby stipulate and agree to the following provisions for custody of their minor child, pending further proceedings in this matter and any subsequent Order of Court: 1. The parties will share legal custody of their minor child, Hailey A. Donson, born December 9,1997. 2. The PlaintifflMother shall have primary physical custody of the child and the DefendantJFather shall have the following periods of temporary or partial custody: A. Week One: Commencing the week after execution of this Stipulation, from Thursday after work until Friday morning at 8:30 a.m.; and B. Week Two: Tuesday after work until Wednesday morning at 8;30 a.m., Thursday after work until Friday morning at 8:30 a.m., and Friday after work until Monday morning at 8:30 a.m. 3. With respect to holidays: A. Mother shall be entitled to have the child Mother's Day; Father shall be entitled to have the child Father's Day at times mutually agreed upon by the parties. '. B. The Christmas Holiday shall be divided in segments and altemated yearly with Mother having Segment A (December 24 at Noon to December 25 at noon) for 2002 and all even years thereafter, and Father having Segment B (December 25 at noon to December 26 at noon) for 2002 and all even years thereafter. C. All custodial time for the parties' holidays and vacations shall be agreed upon by the parties. 4. The parties mutually agree that neither shall expose or subject the child to any type of sexual behavior during the full period of custodial time with said child and neither parent will allow said child to sleep in their bed unless the parent is alone other than with the child. 5. The parties agree they shall, at all times, use an approved car seat when transporting the child in a motor vehicle. 6. The parties agree they shall, at all times, foster a positive, meaningful and loving relationship between the child and the other parent, and neither parent shall say or do anything which would cast the other parent in an unfavorable or negative light to the child, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about the other parent to the child or in the presence of the child that would in any way denigrate the other parent. 7. Both parents will attempt, by all possible means, to foster the child's relationship with the other parent. Both parents realize and appreciate that it is critical for the child's health and development that the child feels good about and loving towards both parents and that both parents playa major role in helping to achieve this goal. 8. Plaintiff and Defendant agree that they shall communicate directly concerning the child or the visitation schedule and will not communicate through third parties unless there is an emergency necessitating such communication. 9. Both parties shall keep the other informed of their current telephone number and address. '. '. 10. Any major modifications to this Stipulation shall be in writing. Minor modifications or adjustments may be done orally by the parties. 11. The parties agree to the entry of a Court Order in accordance with the terms and provisions of this Stipulation by a court of competent jurisdiction. IN WITNESS WHEREOF, the parties and their counsel have set their hands and seals this J(;().^J..- dayof ~iu~,2002. WITNESSES: ~~. . K'/S I' . Lon . erratell, EsqUire Attorney for Plaintiff ~A Ol'v..\ ~, ~~ Tracey L. DOhson ' Plaintiff ~~~~ Attorney for Defendant Jt.1- O~ Alexander D. Donson Defendant ..~~.,_o..~........._.~.._.~..~.~W'~" ._..,......._~~-- (") a 0 c: t'J 'T1 s:: <:) -, vOl n mr -i Z:rJ N Zc- 0~~" .c=- ~E< "'T.l -.,.,; :.L <70 :--;. $:8 LV .",=::-n"'l ~ Z );.; =< :0 (n -< OCT~ TRACEY L. DONSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2704 CIVIL ACTION LAW vs. ALEXANDER D. DONSON, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 22ND day of October, 2002, the Conciliator, being advised by Plaintiffs counsel that all custody issues are being resolved by agreement between the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for today, October 30, 2002, is canceled. FOR THE COURT, .:~.1c Dawn S. Sunday, ESquirJ- Custody Conciliator o r.;: ~p~' 27; f _r c::> :, .--1 c.) c:> vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 0:2- .2'7DI..{ C I '(.) ~ l'-r€t<-,\ CIVIL ACTION - LAW TRACEY L. DONSON, Plaintiff ALEXANDER D. DONSON, Defendant CUSTODY ORDER AND NOW, upon consideration of the foregoing Stipulation for Custody, it is hereby ORDERED and DECREED as follows: 1. The parties will share legal custody of their minor child, Hailey A. Donson, born December 9, 1997. 2. The PlaintiffIMother shall have primary physical custody of the child and the DefendantlFather shall have the following periods of temporary or partial custody: A. Week One: Commencing the week after execution of this Stipulation, from Thursday after work until Friday morning at 8:30 a.m.; and B. Week Two: Tuesday after work until Wednesday morning at 8:30 a.m., Thursday after work until Friday morning at 8:30 a.m., and Friday after work until Monday morning at 8:30 a.m. 3. With respect to holidays: A. Mother shall be entitled to have the child Mother's Day; Father shall be entitled to have the child Father's Day at times mutually agreed upon by the parties. B. The Christmas Holiday shall be divided in segments and alternated yearly with Mother having Segment A (December 24 at Noon to December 25 at noon) for 2002 and all even years thereafter, and Father having Segment B (December 25 at noon to December 26 at noon) for 2002 and all even years thereafter. C. All custodial time for the parties' holidays and vacations shall be agreed upon by the parties. 4. The parties mutually agree that neither shall expose or subject the child to any type of sexual behavior during the full period of custodial time with said child and neither parent will allow said child to sleep in their bed unless the parent is alone other than with the child. 5. The parties agree they shall, at all times, use an approved car seat when transporting the child in a motor vehicle. 6. The parties agree they shall, at all times, foster a positive, meaningful and loving relationship between the child and the other parent, and neither parent shall say or do anything which would cast the other parent in an unfavorable or negative light to the child, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about the other parent to the child or in the presence of the child that would in any way denigrate the other parent. 7. Both parents will attempt, by all possible means, to foster the child's relationship with the other parent. Both parents realize and appreciate that it is critical for the child's health and development that the child feels good about and loving towards both parents and that both parents playa major role in helping to achieve this goal. 8. Plaintiff and Defendant agree that they shall communicate directly concerning the child or the visitation schedule and will not communicate through third parties unless there is an emergency necessitating such communication. . , " 9. Both parties shall keep the other informed of their current telephone number and address. 10. Any major modifications to this Stipulation shall be in writing. Minor modifications or adjustments may be done orally by the parties. J. / ~ ~~: frLo.y. q.S~,~,~. ~ k. ~.~:'.o~ , . \,'j ~,~'~//\l'\S;\; N3d If' ~~ r' ..".'-'..In'" I\JJ\11 !1.)~~.J ,! i~~!' ':1 IV -\' 0'-' :2 ! i ~~ '; - f~~.H1 20 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TRACEY L. DONSON, Plaintiff (Respondent) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION LAW ALEXANDERD. DONSON, Defendant (petitioner) : NO. 02-2704 : IN CUSTODY PETITION FOR CONTEMPT 1. Petitioner is Defendant, Alexander D. Danson, an individual residing at 101 Millfording Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 2. Respondent is Plaintiff, Tracey L. Portanova (formerly known as Tracey L. Danson), an individual residing at 1711 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties were divorced from each other on November 19, 2002. 4. Petitioner and Respondent are the natural parents of one (1) minor child, Hailey Alexander Donson, born December 9, 1997. 5. A Custody Order was entered on November 4,2002 pursuant to an agreement between the parties. A true and correct copy of this Custody Order is attached hereto as Exhibit A and is incorporated herein by reference. 1 6. Pursuant to the Order of November 4,2002, the parties share legal and physical custody. Father (Petitioner) has periods of temporary physical custody on an alternating week schedule as follows: Week one: consisted of Father (Petitioner) having custody from Thursday after work until Friday morning at 8:30 a.m.; and Week two: consisted of Father (petitioner) having custody from Tuesday after work until Wednesday morning at 8:30 a.m., Thursday after work until Friday morning at 8:30 a.m. and Friday after work until Monday morning at 8:30 a.m. The Order also provided that the parties are to agree upon holidays and vacations. Mother has remaining times. 7. Respondent has willfully failed to comply with the current Court Ordered custody schedule by not returning the parties' child to Petitioner during his court ordered custodial period on May 18, 2006. Instead, Respondent traveled to Scranton, Pennsylvania with the child despite the express prohibition of Petitioner. 8. This event culminates a course of action wherein Respondent acts unilaterally in handling the custody of Hailey, without respect to Petitioner or the Order. By way of illustration, Petitioner asserts the following: A. Mother's Day and Father's Day are to be as agreed by the parties. Respondent has failed to act in accordance with paragraph 3.A. of the Order by contacting Petitioner by text message on his cell phone shortly before she was to pick up the child on May 14, 2006, Mother's Day, advising that she could not pick her up because she was going to be in the hospital. Petitioner later confirmed that Respondent was never at the hospital. B. By way of example, the parties agreed that Respondent was to pick up the child at 10:00 a.m. on Memorial Day in accordance 2 with paragraph 3.C. This paragraph also requires holiday times divided as the parties' agree. Respondent failed to abide by the agreement and did not contact Petitioner unti112:00 p.m. by text message on his cell phone asking where she was. Respondent then advised that she would not be picking the child up that day. Such actions prohibit an orderly transition for the child. 9. Paragraph 6 and 7 of the Custody Order provide: 6. The parties agree they shall, at all times, foster a positive, meaningful and loving relationship between the child and the other parent, and neither parent shall say or do anything which would cast the other parent in an unfavorable or negative light to the child, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about the other parent to the child or in the presence of the child that would in any way denigrate the other parent. 7. Both parents will attempt, by all possible means, to foster the child's relationship with the other parent. Both parents realize and appreciate that it is critical for the child's health and development that the child feels good about and loving towards both parents and that both parents playa major role in helping to achieve this goal. 10. Respondent willfully failed to act in accordance with paragraph 6 and 7 of the Custody Order by making negative remarks about Petitioner to the child on numerous occasions as follows: a. On or about May 10, 2005, the child relayed to Petitioner that Respondent was cursing while talking about Petitioner to the child and when the child asked why she was doing it, Respondent answered that she would do this the rest of her life. b. On or about August 22,2005, the child stated "Oh, my mom and pop pop don't own anything, they only help people to rent things and my mom was mad when I told her dad owns things." When she was told that those things do not matter, the 3 child responded, "Well, my mom is really mad because we don't have any money now and she says its because of dad." c. On or about November 24,2005, the child was at Respondent's family's home for Thanksgiving. When Petitioner picked the child up there, the child was crying because Respondent and her family were saying "mean things" about Petitioner to her. d. On or about December 1, 2005, the child relayed to Petitioner that Respondent was complaining about not having any money and that the child should ask Petitioner to take care of her extra school expenses. e. On or about March 23,2006, the child relayed to Petitioner that "Mom told me she was taking you back to court and that she is really going to get you this time and would stop at nothing to ruin your life no matter what has to be done." The child was confused by this comment, but said she was supposed to remember to tell Father that. f On or about April 13, 2006, the child told Father she was to say "Mom is really going to ruin you." 11. In addition to Respondent's direct contempt of the Custody Order, Petitioner disregards the Order at will by not assuming custody of the child per the Order. The Respondent continues to alter the custodial schedule frequently at her whim without notice. 12. While Petitioner does enjoy the extra periods of physical custody with the child, the lack of notice causes frustration for Petitioner and upset for the child. 4 13. Petitioner has tried to speak directly with Respondent in an attempt to remedy the situation, however, Respondent refuses to deal directly with Petitioner and proceeds to use vulgar language in front of the child during their conversations. 14. Petitioner requests a hearing be scheduled: a. To mandate Respondent's compliance with the Order; b. To enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition which fees shall be at least Six Hundred Dollars and 00/100 ($600.00); and c. To hold Respondent in contempt and to fine and/or otherwise incarcerate Respondent for said contempt. WHEREFORE, Petitioner requests that Respondent be held in contempt of Court and requests an Order be entered granting the relief requested as set forth in the proposed Order. Respectfully submitted, DATE: June 21,2006 ../ ,/ // / // ~ ara Sumple-Sullivan, Esqu' e I :49 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Petitioner 5 ... Exhibit A 06/".li2~06 TglT O.,~.:,28 FAX 7173021657 ".. ~008 -.....;-::" , 't'JiI>8-" ~ I.. TRACEY t.. DONSON. Plaintiff vs. : IN THE COURT OF COMMONPLBAS : CUMBERLAND COUNTYt PBNNSYLV ANIA ~ NO., O:J- .2'70&-{ QI'(.)~l7~ : CIVIL ACTION - LAW ALEXANDER. D_ DONSON, iU?l" .. "~? , " ~~~t ~g>tit/:': ;:':,:"'. ::. ", , ' : : j; ,: , : c;usroDY . . . ".; ", ,'. , ',~" , ;: ''',' ,~'~t"':::,!/:~~:';~ :;,??:~":~~~r .. ORDER AND NOW, upon CODSideration of the foregoing StipuIa1ion ,far Custody, it is hereby ORDERED 8Dd DECREED as:fOJlows: 1. The parties wm share legal cu.stody of their minor child, Hailey A Donson. bom December 9, 1997. 2. The PlaintifflMotbcr sba11 have prlmmy physical custDdy of the c1nld aod the W~lFatber shall bavc the fo1low:iDg periods oftemp01.a.t.,f 01' partial custody: , A. Week One:: Cnm~ the we=k after execution of this Stipul,tinl\ ftom Thursday after work until Friday morning at 8:30 am.; and . ._,' - - .... ,- -'- B.. Week lW9: Tue.sday--der .work -until. W~ay momiDg at .8;30 -LID.. :,~,,'~:",{:~,'~,C"""~"':":':::":"'::';""'" ,~'.',"",'"."..',' :,'~ .,.. ',;" ...,:,:. '.',. ::'..=:. ~,'.' . . ~_~ ____ --..a.. ........, FriAA. . 8 "'l0 ~ "..;..te...,..-A.-:- ;--.1':' .......... "I'~ '. .'. .'. ." i . "u_~y "':'w"": ..;.., -7 ~ng at :., ~~~;._,...:.. ~"';">"'j>',' '.. :' " mommgat 8:30a.m. ' , :, ,", 3. With respect to holidays: A. Mother sball be emitlecl to have 1he child Motber's Day; Father shall be entitled to 'have 'the child Fathers Day at times mutually agreed upon by the parties. ;p' . 06/(;1/2006 THU 08:28 FAX i173021657 .. , \ . i' ,I4l009 , ... :.~ ~~:.",!4'""',..., . . B. The Cbristmas Holiday shaD be divided in segmeots and :Il1t~Ated yearly with . , , Mother having' ~ A (December 24 at Noo.n to December 25 atDOOll) JDr 2002 and. all ' tMIl ye&lS 1:I1eRatb:r. anclPBther having Segment B (December 25 at noon to Docember 26 at noon) for 2002 and all even ycms thereafter. ~;fj€~~',..,.......;- .:.~~~1imI>_&portlos~_~l;I,iioIIlie~~~!"'~ ..: . '., . :: 4. The parties mutu8lJ.y agree that ~ shaD. ezpose or subject the child to any t)pe of semaI behavior during the fbl1 period of custodial time with said child and nci1her pmIlt will aDow said child to sleep in their bed unless the parent is alone other 1ban with the child s. The parties agree they shall, at all times, use an approwcl car seat when 1ransport:ing 1be child in a motor vehicle. 6. The parties agree they shall, at all times, fbstcr a positive. mermi~ and loving re1atinn.mp bet:wee.n 1he child and the other parc:ut. and neither- parent shaD say or do anything . , which would cast the other parent in an lIIIfavombh: 'or negative light to the child, it being specifically agreed that neither parent shall make any detrimental or disparaging comments about ~_:<.; ';.." , .' " tbe:~~.to~.~orin.1he~of~chi1d.~'Wotdd'in'.aily.way~,~:b.tIrcr"~.,~,:;, ::' ":"'.." i;~n':-,;;'-"" "'~~"" .' . . .' - . ..-.' '.' t{"" .;' .""'?""; 'to,::. ,,' ,:, .: 7. Bo1h pareDts will att~ by all possible melDS, 'to foster the cbiJd's relationship wi1h the other parent. Bo1b. parents realize and apprecIate that it is critical for the child's health and development that the child feels good about and loviDg 10wlIrds both parents and that both pBi'eDts playa major role in helping to achieve this goal.' 8. Plaintiff and Defi.!nruiut agree that they shall communicate direet1y conc:eming the chl1d or the visitationscheciule and will not communicate through third parties unless there is an cmergaDCy necessitating sucb cormrq~l'-ation. .- ..-- -..- ............ -. . ';. 06/01l20~6 THU 08:28 FAX 7173021657 141 010 .A.....~.:': ~ ,"' ~ . ". . r ~ . . 9. address. 10. Any major modifications to this Stipu1ati~ shall be in writing. Minor modifi~ :8&111 parties Bhall keep the o1hcr iBfOEmed of 1heir "'!AU. telephone nUlllber BOd or a4i~ may be done orally bytbe parties. ~f~t(~;::';:~(;7::': '.' . ............;..M-:.... , ., . ," ..::'7~~~~~- ~"'t:~.I.~~.~.~.;~~~.:~~ 1. / ~~.;"/. '.. ....- :'::<':' : ~ ': ::.:' . . . .. ',' . . .....,:--~7-=-:t..::::.,~.~...:. . ,:.:.....: ~ .., . .. C-y<<: A&M'~~--(~'- ma.y.. q. ~. ~, ty. /-.; JC. )...~. ~:....... Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TRACEY L. DONSON, Plaintiff (Respondent) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW ALEXANDER D. DONSON, Defendant (Petitioner) : NO. 02-2704 : IN CUSTODY VERIFICATION I, Alexander D. Donson, hereby certify that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: J VY\J.. \ Lt l DU 4~, , :AI. DER D. DONSON Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TRACEY L. DONSON, Plaintiff (Respondent) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW ALEXANDER D. DONSON, Defendant (petitioner) : NO. 02-2704 : IN CUSTODY CERTIFICA TE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individua1(s), by United States first-class mail, postage prepaid, addressed as follows: Lori K. Serratelli, Esquire 2080 Linglestown Road, Suite 201 Harrisburg, P A 17110 Ms. Tracey L. Portanova 1711 Bridge Street New Cumberland, PAl Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court ID. 32317 Attorney for Petitioner DATE: June 21, 2006 ^' ~ ~ t 1. ~ '- () j ~ (> ~~~ ~ If __ f',,) r~ L~' C) -n f',) W -1:1 -',..~ TRACEY L. DaNSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 02-2704 CIVIL ACTION LAW ALEXANDER D, DaNSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 30, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 3!!.~est Main Street, Mechanicsbnrg, PA 17055 on Tuesday, An~nst 01, 2006 , the conciliator, at 12:00 P 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 the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. 1JIl<l 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 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, 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 e/,""",,~ p .$ ~ ~ ~-~'J "f/r/--/o.~ P' $ "tJ.~~ ~ -x'-a:-? ~~~r~~~'n ~'cX,~ I~;"-;~) 2 ~:~ ::~; tJd n ,,~,; ,f" :)'-'07 U'J l d ,J..''"o t', 11'.~ To: #Name? From: Sandy Plaintiff Tracey L. Danson Conciliator Code Date Assigned: S 6/27/2006 Conciliation Date Time (717) 766,9622 (717) 240,6200 Defendant Alexander D. Donon Clocked In 6/23/2006 am/pm Notes: Docket Number Attorney 02-2704 Barbara Sumple-Sullivan last day of 45 day statutory limit is: 8/7/2006 Cara A. Boyanowski, Esqnire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (telephone) (717) 540-5481 (facsimile) cbovanowski(iiJssbc-law.com TRACEY L. DONSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2704 ALEXANDER D. DONSON, Defendant : CIVIL ACTION - LAW : IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CONTEMPT AND NOW, comes Plaintiff/Respondent, Tracey 1. Donson, by and through her counsel, Cara A. Boyanowski, Esquire of the law ftrm of Serratelli Schiffman Brown & Calhoon, and respectfully answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7, The averment set forth in Paragraph Seven of the Petition for Contempt is a conclusion of law to which no answer is deemed necessary. If an answer is deemed necessary, then said averment is denied and strict proof of same is demanded at time of trial, since Defendant Alexander D. Donson was advised of the trip to Scranton, Pennsylvania and never disagreed with it. In fact, the first time Plaintiff Tracey 1. Donson knew that Defendant Alexander D. Donson was unhappy with the Scranton, Pennsylvania trip, was upon her receipt of the Petition for Contempt and her review of averment number seven. 8. A. It is specifically denied that Plaintiff Tracey 1. Donson acts unilaterally in handling the custody of Hailey without respect to Defendant Alexander D. Donson or the Order. By way of further explanation, on Mother's Day of this year, Plaintiff Tracey L. Donson ended up in Holy Spirit Hospital for what she thought was pneumonia. She was admitted to the Emergency Room in the afternoon and was not released until late evening, around 9:00 p.m. Plaintiff forwarded this information to Defendant by way of cellular telephone text messaging, advising that she would not be able to exercise her period of physical custody. Plaintiff has no knowledge or information as to how Defendant confirmed whether or not she was at the hospital since this information is privileged information, protected through HIPP A. B. It is specifically denied that Plaintiff Tracey L. Donson acts unilaterally in handling the custody of Hailey without respect to Defendant Alexander D. Donson or the Order. By way of further explanation, on Memorial Day of this year, Plaintiff did not pick up Hailey from Defendant, since it was always the parties' practice if a holiday falls on a Monday, that whichever parent was exercising physical custody on the preceding weekend; just keep Hailey on the holiday, too. Plaintiff thought the parties were continuing this practice and never made plans to pick up Hailey from Defendant on Memorial Day. 9. Admitted. 10. The averment set forth in Paragraph Ten of the Petition for Contempt is a conclusion of law to which no answer is deemed necessary. If an answer is deemed necessary, then said averment is denied and strict proof of same is demanded at time of trial. A. Plaintiff is without direct information or knowledge as to what the parties' daughter relayed to Defendant on or about May 10, 2005. Plaintiff does, however, specifically deny that she cursed in front of the parties' daughter while talking about Defendant. B, Plaintiff is without direct information or knowledge as to what the parties' daughter relayed to Defendant on or about August 22, 2005. Plaintiff does, however, find it hard to believe that the parties' daughter knows the difference between "owning" and "renting" property, as she was only seven years old at the time of the statement. C. Plaintiff is without direct information or knowledge as to what the parties' daughter relayed to Defendant on or about November 24,2005. Plaintiff does, however, specifically deny that she and her family were saying "mean things" about Defendant. D. Plaintiff is without direct information or knowledge as to what the parties' daughter relayed to Defendant on December I, 2005. Plaintiff does recall mentioning to the parties' daughter that she does not have money to buy every item the child desires; she specifically denies, however, that she instructs the child to ask Defendant to take care of her extra school expenses. E. Plaintiff is without direct information or knowledge as to what the parties' daughter relayed to Defendant on March 23, 2006. Plaintiff does, however, specifically deny that she made the statement she is going to "ruin Defendant's life no matter what has to be done." F. Plaintiff is without direct information or knowledge as to what the parties' daughter relayed to Defendant on April 13, 2006. Plaintiff does, however, specifically deny that she made the comment she "is really going to ruin Defendant." II. The averment set forth in Paragraph Eleven is a conclusion of law to which no answer is deemed necessary. If an answer is deemed necessary, then said averment is denied and strict proof of same is demanded at time of trial. 12. Plaintiff is without knowledge, information or belief as to which of her actions cause frustration for Defendant. As for providing Defendant with "extra periods of physical custody," Plaintiff specifically denies that she has done so. By way of further explanation, the only period of custody that Plaintiff has not exercised this year was Mother's Day due to her hospitalization. 13. Denied. It is specifically denied that Defendant in any way, shape or form attempted to speak with Plaintiff about the above matters. In fact, the parties rarely speak with each other directly, and instead, use text messaging or letters. 14. The averment set forth in Paragraph Fourteen is Defendant's prayer for relief to which no answer is deemed necessary. WHEREFORE, Plaintiff Tracey 1. Donson respectfully requests this Honorable Court deny Defendant's Petition for Contempt. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Supreme Court J.D. No. 68763 2080 Linglestown Road Suite 201 Harrisburg,PA 17110 (717) 540-9170 Attorney for Plaintiff VERIFICATION Upon my personal knowledge, information and belief, I, Tracey L. Donson, now known as Tracey L. Portanova, do hereby verifY that the facts averred and statements made in the foregoing Petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: CC - \ - D LP BY~V.lr ~~ ~~lcCVn'" Q - racey L. Port!l{lo CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that on the date indicated below I served a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Petition for Contempt, on all interested parties, by depositing same from Harrisburg, Pennsylvania, first class mail, postage prepaid, addressed as follows: Barbara Sumple-SuIlivan, Esquire ATIORNEY AT LAW 549 Bridge Street New Cumberland, P A 17070 Dawn S. Sunday, Esquire, Custody Conciliator SUNDAY & SUNDAY 39 Main Street Mechanisburg, PA 17055 SERRATELLI SCHIFFMAN BROWN & CALHOON Date: B-'<:8-0~ By: ~ CLIOO4(1ffiiB~' Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Harrisburg, P A 1711 0 (717) 540-9170 Attorney for Plaintiff c ", r"'.:! = 0 , '-'~::.;, < ~:,..... TI -. :~ ::r!-n C-:::.: r;"') nlp 0., IT] 0 C? ( " -r:~ .- . -:;?( :~] , ) C_ '" j en :;:' ~-I -' 0"1 }>' ,-< ~D tJ .< NOV 20 2006" Y TRACEY L. DONSON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-2704 CNIL ACTION LAW ALEXANDERD.DONSON Defendant IN CUSTODY 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: CURRENTLY IN CUSTODY OF NAME DATE OF BIRTH Hailey Alexander Danson December 9, 1997 MotherlFather 2. A Custody Conciliation Conference was held on September 22, 2006, with the following individuals in attendance: The Mother, Tracey Portanova, formerly Donson, with her counsel, Cara A. Boyanowski and the Father, Alexander D. Donson, with his counsel, Barbara Sumple-Sullivan. 3. The Father filed this Petition for Contempt which was addressed at the conference along with other parenting issues of concern. The parties discussed the possibility of working toward resolution of their differences through the counseling process and requested that the conciliator hold this matter open to give them that opportunity. After obtaining further input from counsel, it does not appear that entry of an additional Order is necessary at this time and it was agreed that the Father does not intend to pursue the Contempt Petition at this time without prejudice to his right to raise those issues at a later time upon the filing of an additional Petition, if necessary. Do ~Iu/f Date /), d-OOV . O~d Dawn S. Sunday, Custod;lonciliator Cc: Cara Boyanowski, Esquire - Counsel for Mother . Barbara Sumple-Sullivan, Esquire - Counsel for Father ~ HUE Cth ~ I :"1'-.':".1, d~\.iVfiO j' ~ _. H , i u/ II~ ;M iJt. ~nndestthe seal WhereofC' I I set my hano -- r o'V~ Q-. fhiA ______ of ourt at CarNs., Pa. Prothonotar; (J ,.~~ ;~y~ r--.,;) ~~g c:r.. ......;.;:-- N o --t~ ~, -..." N o