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HomeMy WebLinkAbout02-2876DONNA J. HARRISON, Plaintiff LY~.R K. HARRISON, Defendant :IN THE COURT OF COMMON : CUMBERi.&ND COUNTY, PENNSYLVANIA : : CIVIL ACTION- CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff, Donna J. Harrison, by and through her attorney, Nora F. Blair, Esquire, files this Complaint for Custody and in support thereof, avers as follows: 1. Plaintiff, Donna J. Harrison, is an adult individual residing at 518 West Simpson Street, Mechanicsburg, Pennsylvania. 2. Defendant, Lyle K. Harrison, is an adult individual residing at 1667 Westgate Drive #203, York, Pennsylvania. 3. Plaintiff seeks primary physical and legal custody of the following minor child: Kyler R. Harrison PRESENT ADDRESS 518 West Simpson Street Mechanicsburg, PA 1667 Westgate Drive #203 York, PA The child was born in wedlock. The child is presently in the custody of both parents. July 10, 1996 DONNA J. HARRISON, Plaintiff Vo HARRISON, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - CUSTODY : AFFIDAVIT OF SERVICE I, Nora F. Blair, Esquire, hereby certify that a true and correct copy of the Complnint for Custody was served on the Defendant by certified mail, restricted delivery, return receipt requested, on June 15, 2002, addressed as follows: Lyle IC Harrison 1667 Westgate Drive York, Pennsylvania The return receipt card is attached hereto marked Exhibit "A" and incorporated herein by reference. DATED: Nora ~. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 · Cof'nl~® I~ 1, 2, and 3. Al~o comp~ itmn 4 If P~ DMIve~ ~ deMr~. · P~m yo~ ~ ~ ~ ~e ~ ~~m~to~. I A~ch this ~ to the ~ ~ the ~1~, PS Form 3811, August 2001 Domestic Retum Rec~pt 102595-01-M-2s09 During the last five years, the minor child has resided with the following persons and at the following addresses: Mother Father Wendy Waiter Molly Wendys daughter Father Wendy Waiter Wendy's daughter Father 2 friends of Father Mother Father (until April 2001) 518 West Simpson Street Mechanicsburg, PA 1667 Westgate Drive #203 York, PA 502 Barry Court Mechanicsburg, PA Dallastown, PA 622 Fourth Street New Cumberland, PA September 2001 to Present February 2002 to Present June 2001 to February 2002 April to June 2001 Birth to September 2001 Kyler R. Harrison The Mother of the minor child is Donna J. Harrison, residing at 518 West Simpson Street, Mechanicsburg, Pennsylvania. Donna J. Harrison is married. The Father of the minor child is Lyle IC Harrison, currently residing at 1667 Westgate Drive #203, York, Pennsylvania. Lyle IC Harrison is married. The relationship of Plaintiff to the minor child is that of Mother. The Plaintiff currently resides with the following persons: Son Wendy Waiter ? Molly Kyler R. Harrison 11. The relationship of Defendant to the minor child is that of Father. 12. The Defendant currently resides with the following persons: Paramour Paramour's son Paramour's daughter Daughter (with paramour) Son 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child in this or another court. 14. Plaiutiffhas no information ora custody proceeding concerning this minor child pending in a court of this Commonweaith or in another state or commonweaith. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation rights with respect to the minor child. 16. The best interest and permanent welfare of the minor child will be served by granting the relief requested because Plaintiff has been the primary caregiver for the minor child and will provide a more stable and nurturing environment for the minor child. 17. Each parent whose parental rights to the minor child have not been terminated and the person who has physicai custody of the minor child have been named as parties to this action. WHI~.Eq~ORE, Plaintiff requests that Your Honorable Court grant primary physical and legal custody of the minor child to Plaintiff with visitation to Defendant as the parties may agree. Respectfully submitted, Supreme Court ID #4§§11t §440 ,lonestown Road Post Office Box $215 Harrisburg, PA 1711~.-0~.16 (717) §41-1428 VER]~CATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DONNA $. HARRISON : PLAINTIFF : : V. IN THE COURT OF COMI~ CUMBERLAND COUNTY, 02-2876 CIVIL ACTiON LYLE K. HARRISON DEFENDANT : IN CUSTODY ON PLEAS OF ?ENNSYLVANIA LAW ORDER OF COURT ~ / AND NOW, Monday, June 17, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn Si Sunday,/Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, Jul for a Pre-Hearing Custody Conference. At such conference, an effort will be made t{ if this cannot be accomplished, to define and narrow the issues to be heard by the cot order. All children age five or older may also be present at the conference. Failure provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Prote~ Special Relief orders, and Custody orders to the conciliator 48 hours prior to scl FOR THE COURT, 24,2002 at 1:00 PM , resolve the issues in dispute; or rt, and to enter into a temporary appear at the conference may tion from Abuse orders, eduled hearing. By: /s/ Dawn S. Sunday. Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law with Disabilites Act of 1990. For information about accessible facilities and rea,, available to disabled individuals having business before the court, please contact must be made at least 72 hours prior to any hearing or business before the court. scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT O~ HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHOI 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 to comply with the Americans onable accommodations our office. All arrangements You must attend the ICE. IF YOU DO NOT 4E THE OFFICE SET DONNA J. HARRISON, VS. LYLE K. HARRISON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /~'""ff~' day of ~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Donna J. Harrison, and the Father, Lyle K. Harrison, shall have shared legal custody of Kyler R. Harrison, bom July 10, 1996. 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: A. SCHOOL YEAR: During the school year, the Mother shall have custody of the Child during the week with the Father having custody on weekends from Friday, when the Father shall pick up the Child at school through Monday morning when the Father shall transport the Child to school, with the exception of every 4th weekend, when the Mother shall retain custody of the Child. The Mother's first weekend period of custody under the school schedule shall begin on Friday, August 30, 2002. During the weeks following the Mother's weekend periods of custody, the Father shall have an extended period of custody from Thursday after school through Tuesday morning before school. When the Mother is working, the Father shall pick up the Child every day after school and transport the Child to the Mother's residence at 5:30 p.m., with the exception of Fridays, when the Father shall retain custody after school when the Father has custody over the weekend and every 4th Thursday when the Father has custody during the extended period from Thursday through Tuesday. B. SUMMER SCHOOL BREAK: The parties shall alternate having custody of the Child during the summer school break each year on a weekly basis, with the exchange to take place every Thursday at a time to be arranged by agreement. The summer schedule for the remainder of 2002, shall begin with the Father having custody on Thursday, August I, 2002. 3. The parties shall enroll the Child in 1st grade in the Mechanicsbnrg School District beginning with the 2002-2003 school year, unless otherwise agreed between the parties. 4. The parties shall share having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall nm fi.om Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall nm from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child fi.om 9:00 a.m. until 9:00 p.m. on Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. The alternating holiday schedule shall begin with the Mother having custody of the Child on Labor Day in 2002. C. ~MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day fi'om 9:00 a.m. through 9:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Neither party shall do or say anything which may estrange the Child fi.om the other parent, injure the opinion of the Child as to the other parent, or hamper the fi.ee and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc:~qora F. Blair, Esquire - Counsel for Mother /Dennis A. Alessi, Esquire - Counsel for Father DONNA J. HARRISON, VS. LYLE K. HARRISON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA 02-2876 CIVIL ACTION LAW IN CUSTODY CUSTODy CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY PROCEDURE 1915.3-8, the undersigned Custod,, C^-A:,' ~ . . _ RULE OF CIVIL ~ un~mator sunmits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY Kyler R. Harrison July 10, 1996 Mother/Father 2. A Conciliation Conference was held on August 1, 2002, with the following individuals in attendance: The Mother, Donna J. Harrison, with her counsel, Nora F. Blair, Esquire, and the Father, Lyle K. Harrison, with his counsel, Dennis A. Alessi, Esquire. 3. The parties agreed to entry of an Order in the form as attached. awn S. Sunday, Esquire (/ Custody Conciliator DONNA J. HARRISON, Plaintiff/Petitioner Ve LY~,P. tC HARRISON, Defendant/BesImndent · IN TI-rE. COURT OF COMMON PI,F. AS, · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-2876 Civil. Term · CIVIl. ACTION- CXISTODY PETITION FOR CONTEMPT AND TO MODIFY CUSTODY ORDER AND NOW comes Donna J. Harrison, by and through her attorney, Nora F. Blair, Esquire, fries this Petition for Contempt and to Modify Custody Order and in support thereof avers as follows: 1. The parties hereto are the parents of one minor child, Kyler R. Harrison, born July 10, 1996. 2. Following a custody conciliation conference, an Order of Court was entered on August 15, 2002. A copy of said Order is attached hereto, marked Exhibit "A" and incorporated herein by reference. 3. The Order provides in paragraph 2_&. that Respondent is to have the minor child from after school until 5:30 p.m. when Respondent is to return the minor child to Petitioner's residence· 4. On numerous occasions, Respondent has failed to return the minor child. These times include but are not lirnited to December 10, 2002; December 17, 2002; February 26, 2003; March 25, 2003; April 17, 2003; and May 7, 2003. 5. Respondent rarely brings the minor child to Petitioner's residence by 5:30 p.m. In fact the minor child is returned as late as 7:00 p.m. e Respondent often returns the minor child later than 5:30 p.m. without providing a meal for the minor child. Respondent has moved further away from Petitioner since the schedule set forth in the Order was established. Petitioner believes and therefore avers that there is far too much travel for the minor child now that Respondent has moved further from Petitioner's residence. There have been numerous incidents of angry outbursts by Respondent including but not limited to: a. On November 25, 2002, Respondent lost his temper and began acting like a crazy person in front of the parties' son. Respondent then tried to take the minor child from Petitioner, pushed past Petitioner and called the police. b. On December 28, 2002, Respondent left Petitioner a verbally abusive voice mail that was overheard by the partiies' minor son. In the voice mail, Respondent called Petitioner names and stated that her brain tumor must be growing back. c. In a letter to Mrs. Bitner, Respondent attacked the minor child's teacher's handling of a situation involving the parties' minor son indicating that the problem was with the teacher and not with the parties' son. The teacher had told the minor child that he could not get a drink from the water fountain because it was time to line up for dismissal. Respondent told the minor child he could get a drink. 10. 11. Petitioner believes and therefore avers that the angry outbursts by Respondent are having a negative impact on the parties' minor son. This negative impact is evidenced by the following: a. On April 3, 2003, the minor child had a tantrum in class. b. On April 4, 2003, the minor child had an even bigger tantrum in class. c. On April 8, 2003, the minor child was behaving so badly in class that he was sent to the principal's office. d. The minor child refuses to participate in class. e. The minor child does not listen at all to the lessons in the classroom. f. The minor child does not complete classroom assignments. g. The minor child does not read aloud when asked to do such. h. The minor child tries to strong arm the teacher into making choices that he wants for the lessons and the books to read. i. When the minor child does not get his ovm way in the classroom, he glares and growls and arches his hands in the air as though he is a clawed monster. j. The minor child's teacher has indicated 'that the minor child seems to have the attitude that he does not have ~o do anything that he does not want to do. Petitioner believes and therefore avers that the minor child is behaving like the example set by Respondent in that the minor child does not have to follow the rules established for everyone else. 12. 13. 14. 15. Petitioner believes and therefore avers that the minor child is behaving like the example set by Respondent in that the minor child will get his way by strong arming others as Respondent does with Petitioner. The tantrums in early April occurred during one of the long weekends with Respondent and just after Respondent had raoved to a house where the minor child sleeps in the basement while everyone else has a bedroom upstairs. The minor child reports that there are spiders in the basement and he is scared to sleep down there. Petitioner believes and therefore avers that the "'monster-type" behavior by the minor child is a result of the violent computer games that Respondent allows the minor child to play. Respondent has not acted appropriately with evidenced by the following: a. bo de shared legal custody as Respondent kept all of the minor child's school photos except for a wallet sized photo that he sent to Petitioner. Respondent gets all of the items from the minor child's book bag and does not share the information with Petitioner. Respondent kept the minor child's report cards and did not show such to Petitioner. Respondent keeps the minor child's graded worksheets and does not share the information with Petitioner. Respondent has kept photos that the minor child's teacher sent home to Petitioner. 16. 17. 18. 19. 20. f. Respondent has kept the school yearbook which Petitioner ordered and paid for. Easter from 9:00 a.m. to 9:00 p.m. was Petitioner's holiday pursuant to paragraph 4.B. of the Order. Respondent refused to return the minor child to Petitioner for her holiday. Respondent has stopped doing homework ~rith the parties' minor son. When the minor child is dropped off at Petitioner's home he is often too tired to do the homework. Respondent allows the minor child to skip dinner if the minor child does not like what is prepared or wants to continue playing on the computer. Petitioner has expended funds for payment of attorney fees and costs for this contempt matter. The total for this matter is expected to exceed $750.00. Petitioner believes and therefore avers that respondent should pay the attorney fees and costs for this matter. WI~.REFORE, Donna J. Harrison respectfully requests that Your Honorable Court: A. Find Respondent in contempt of Court for failing to follow the Order of Court entered and August 15, 2002; B. Modify the current custody Order to provide for Respondent to have alternating weekends and one evening l:er week for the purpose of having dinner with the parties' minor son; and DATED: Order Respondent to pay Petitioner's attorney fees and costs for this matter. Respectfully submitted, Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 DONNA I. HARRISON, VS. LYLE K. HARRISON, Plaintiff - Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND C~OUNTY, PENNSYLVANIA 02-2876 ' CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /ff-,/4,X day of , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Donna J. Harrison, and the Father, Lyl~ K. Harrison, shall have shared legal custody of Kyler R. Harrison, born July 10, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affe~iing the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragaph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: A. SCHOOL YEAR: During the school year, the Mother shall have custody of the Child during the week with the Father having Custody on weekends from Friday, when the Father shall pick up the Child at school through Monday morning when the Father shall transport the Child to school, with the exception of every 4th weekend, when the Mother shall retain custody of the Child. The Mother's first weekend period of custody under the school schedule shall begin on Friday, August 30, 2002. During the weeks following the Mother's weekend period5 of custody, the Father shall have an extended period of custody from Thursday after sc~i~)'through Tuesday morning before school. When the Mother is working, the Father shall pick up the Child every day after school and transport the Child to the Mother's residence at 5:30 p.m., with the exception of Fridays, when the Father shall retain custody after school when the Father has custody over the weekend and every 4th Thursday when the Father has custody during the extended period from Thursday through Tuesday. B. SUMMER SCHOOL BREAK: The parties shall alternate having custody of the Child during the summer school break each year ,on a weekly basis, with the exchange EXHIBIT "A" : '- ' ':i. i;~'' ' to take place every Thursday at a time to be arranged by agreement. The summer schedule for the remainder of 2002, shall begin with the Father having custody on Thursday, August 1, 2002. 3. The parties shall enroll the Child in 1st grade in the Mechanicsburg School District beginning with the 2002-2003 school year, unless otherwise agreed betwe~'n the parties. 4. The parties shall share having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon throu~ Christmas Day at 12:00 noon, and Segment B, wlzich shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and tke Mother shall have custody during Segrnent B. .- B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child from 9:00 a,m. until 9:00 p.m. on Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. The alternating holiday schedule slh~ll begin with the Mother having custody of the Child on Labor Day in 2002. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. through 9:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. 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. Both parties shall 'ensure that third parties having contact with the Child comply with this provision. Conference. The parties may modify the provisions of this Order by mutual consent. mutual consent, the terms of this Order shall control. This Order is entered pursuant to an ageement of the parties at a Custody Conciliation In the absence of cc: Nora F. Blair, Esquire - Counsel for Mother Dennis A. Alessi, Esquire - Counsel for Father TR'Ut~ COPY FROM RECORD In Testimony whereof, I here unto-set my hsnd V~RIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DONNA J. HARRISON, Plainfi iff Petitioner Vm LY~.E I~ HARRISON, Defendant/Respondent · IN THE COURT OF COMMON PLEAS, · CUMBERLAND COUN'i~, PENNSYLVANIA · NO. 02-2876 Civ/1 Term · CIVIL AC-q~ON - CXISTODY CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Petition for Contempt and to Modify Custody Order on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Dennis A. Alessi, Esquire 120 East King Street York, PA 17403 Date: May 28, 2003 Respectfu~l~submitted, N~ra F~ Blair DONNA J. HARRISON : PLAINTIFF : V. : iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CIVIL ACTION LAW LYLE K. HARRISON : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 06, 2003 , upon consideration of thc attached ComplainL it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbur§, PA 17055 on Thursday, July 03, 2003 at 12:30 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 hearinl~. - FOR THE COURT, By: /s/ 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 reasunable accommodations available to disabled individuals having business before the court, please contact our ofrice. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DONNA J. HARRISON, Plaintiff VS. LYLE K. HARRISON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this :2 t~' day of ~ , 2003, upon consideration of the attached Custody Conciliation Report,{t is ~rdered and directed as follows: 1. The prior Order of this Court dated August 15, 2002 shall continue in effect as modified by this Order. 2. The parties shall submit themselves, their minor Child and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the Child. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible to pay 68% of the cost of the evaluation and the Mother shall be responsible to pay 32%. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, rather than returning the Child to the Mother's residence at 5:30 pm on school days when the Mother is working, the Father shall transport the Child to the Mother's place of employment at 5:15 pm. During these exchanges of custody, the Father shall remain in his motor vehicle at all times. 4. Counsel for either party or a party pro se may contact the conciliator within 60 days of receipt of the evaluator's custody recommendations to schedule an additional custody conciliation conference if the parties are not able to resolve all custody issues by agreement. BY THE COURT, cc:-~yra F. Blair, Esquire - Counsel for Mother ~'yle K. Harrison, Father DONNA J. HARRISON, Plaintiff VS. LYLE K. HARRISON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 CUSTODY OF Kyler R. Harrison July 10, 1996 Mother / Father 2. A Conciliation Conference was held on July 16, 2003, with the following individuals in attendance: The Mother, Donna J. Harrison, with her counsel, Nora F. Blair, Esquire, and the Father, Lyle K. Harrison, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator DONNA J. HARRISON, Plaintifl~etitioner LYLE IC HARRISON, Defendant/Respondent :IN THE COURT OF COMlVION PI.EAS, : CUMB~ COUNTY, PENNSYLVANIA : NO. C~ - ~7C, ~, : : CIVIL ACTION - C~JSTODY : PETITION FOR CONTE, MPT AND TO MODIFY CUSTODY ORDER AND NOW comes Donna J. Harrison, by and through her attorney, Nora F. Blair, Esquire, files this Petition for Contempt and to Modify Custody Order and in support thereof avers as follows: 1. The parties are the parents of one minor child, Ig~yler R. Harrison, born July 10, 1996. 2. The parties agreed to a custody schedule which was set forth in the August 15, 2002, Order. A copy of said order is attached hereto, marked Exhibit "A" and incorporated herein by reference. 3. The August 15, 2002, Order was modified by the July 21, 2003, Order. A copy of the July 21, 2003, Order is attached hereto, marked Exhibit "B" and incorporated herein by reference. 4. The August 15, 2002, and the July 21, 2003, Orders have not been modified and no request for modification has been filed. 5. Respondent refuses to follow the schedule set forth in the Orders. 6. Respondent dictates to Petitioner the schedule, that he wants to follow. 7. Respondent mandates the time that Petitioner may have time with her son. 8. All of this is contrary to the Orders entered by Your Honorable Court. 9. Respondent refuses to provide Petitioner with his work schedule. 10. Petitioner is concerned about the parties' son's behavior after he has been with his father for an extended period of time. 11. Petitioner is concerned that Respondent allows the parties' minor son to watch inappropriate videos and to use or watch inappropriate computer games. 12. Petitioner believes and therefore avers that it is in the parties' son's best interest for him to spend less time with Respondent. 13. Petitioner has incurred attorney fees and costs in bring this action which she believes should be paid by Respondent. WHEREFORE, Donna J. Harrison respect:fully requests that Your Honorable Court hold Respondent in contempt of Court for failure to follow the schedule set forth in Your Honorable Court's Orders, order Respondent to pay Petitioner's attorney fees in bringing and prosecuting this action and to modify the custody order to provide less time for the parties' son with Respondent. DATED: Respectfully submitted, /lqorfl F. B]tair ~ Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-].428 DONNA J. HARriSON, VS. LYLE K. HARP~SON, Pla/ntiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND C~0UNTY, PENNSYLVANIA 02-2876 'CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /or''21,~' day of /~-- , 2002, upon consideration of the attached ~ustody Conciliation ~eport, it is ordered and directed as f~Iows: I. The Mother, Donna J. Harrison, and the Father, Lykx K. Harrison, shall have shared legal custody of Kyler R. Harrison, born July 10, 1996. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affe~iing the Child's general well-being including, but not limited to, ali decisions regarding h/s health, education and religion. Pursuant to the terms of this para~aph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. ' 2. The panics shall share having physical custody of the Child in accordance with the following schedule: A. ~CHOOL YEAR: During the school year, the Mother shall have custody of the Child during the week with the Father having 6ustody on weekends from Ffiday, when the Father shall pick up the Child at school through Monday morning when the Father shall transport the Child to school, with the exception of every 4th weekend, when the Mother shall retain custody of the Child. The Mother's first weekend period ofcusto under the school schedule shall begin on Friday, August 30, 2002. During the weeks following ,dy the Mother's weekend periods of custody, the Father shall have an extended period of custody from Thursday after } hoS'i't o( gh Tuesday morning before school. When the Mother is working, the Father shall pick up the Child every day after schooI and transport the Child to the Mother's residence at 5:30 p.m., with the exception of Fridays, when the Father shall retain custody after school when the Father has custody Over the weekend and every 4th Thursday when the Father has custody during tl~e extended period from Thursday through Tuesday. B. S.~UMMER SCHOOL BREAK- The parties shall alternate having custody of the Child during the summer school bleak each year on a weekly basis, with the exchange EXHIBIT "A" to take place every Thursday at a time to be an-anged by agreement. The ~ummcr schedule for the remainder of 2002, shall begin with the Father having custo.dy on Thursday, August I, 2002. 3. The parties shall enroll the Child in 1st grade in the Mechanicsburg School District beginning with the 2002-2003 school year, unless otherwise agreed between the parties. 4. The parties shall share having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from CtMstmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, wh/ch shall run from Christmas Day at 12:00 noon t'.~rough December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Se~ent A and the Mother shall have custody during Segment B. . - B. ALTERNATING HOLIDAYS: The parties shill alternate having custody of the Child from 9:00 a:m. until 9:00 p.m. on Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. The alternating holiday schedule sh~ll begin with the Mother having custody of the Child on Labor Day in 2002. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. through 9:00 p~m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. 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. Both parties shall'ensure that third parties having contact with the Child comply with this provision. 6. This Order is entered pursuant to an ageement of the parties at a Custody Cor~ciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Nora F. Blair, Esquire - Counsel for Mother Dermis A. Alessi, Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony whereof, I here unto. set rny hand ~n!~t~e seal of saidJ Court at farlJsle, Pa. DONNA J. HARRISON, Plaintiff VS. LYLE K. HARRISON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT con "A~.D N~O.W, this O~ I''q~' day of DIJ~I f smerat~on olthe attached Custody Conciliation Report, i~ordered and directed , 2003, upon as follows: 1. The prior Order of this Court dated August 15, 2002 shall continue in effect as modified by this Order. 2. The parties shall submit themselves, their minor Child and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the Child. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Father shall be responsible to pay 68% of the cost of the evaluation and the Mother shall be responsible to pay 32%. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, rather than returning the Child to the Mother's residence at 5:30 pm on school days when the Mother is working, the Father shall transport the Child to the Mother's place of employment at 5:15 pm. During these exchanges of custody, the Father shall remain in his motor vehicle at all times. 4. Counsel for either party or a party pro se may contact the conciliator within 60 days of receipt of the evaluator's custody recommendations to schedule an additional custody conciliation conference if the parties are not able to resolve all custody issues by agreement. cc: 'Nora F. Blair, Esquire - Counsel for Mother Lyle K. Hanison, Father BY THE~TURr' ~/ TRUE COPY FROM RECORD In Testimony wh¢.r~of, I here unto set my hand at,the seal of sai~l CourLa2. Ca~ilisle, Pa. DONNA J. HARRISON, Plaintiff VS. LYLE K. HARRISON Defendant 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 Kyler R. Harrison DATE OF BIRTH July 10, 1996 CURRENTLY IN CUSTODY OF Mother / Father 2. A Conciliation Conference was held on July 16, 2003, with the following individuals in attendance: The Mother, Donna J. Harrison, with her counsel, Nora F. Blair, Esquire, and the Father, Lyle K. Harrison, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date DawnS Sun y, q ' Custody Conciliator VERIFICATION I verify that the statement made in the forege4ng document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: DONNA J. HARRISON, Plaintiff/Petitioner LYI,P, IC HARRISON, Defendant/Respondent :IN THE COURT OF COMMON PI,EAS, : CUMBERLAND COUN'I~, PENNSYLVANIA : :NO. : : CIVIL ACTION - CUSTODY . CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Petition for Contempt and to Modify Custody Order on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Lyle IC Harrison 3000 Lark Drive York, Pennsylvania 17404 Respectflally submitted, Connie L. Lim~c/ ~ / DONNA J. HARRISON : PLAINTIFF : LYLE K. HARRISON : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CIVIL AUTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, June 17, 2004 , 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, Mechanicsbur§, PA 17055 on Thursday, July 15, 2004 at 12:00 PM for a Pre-Hearing Custody Conference. A1 such conference, an effurt 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 a!opear 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 prlor to scheduled hearing. FOR THE COURT, By: /si Dawn S. Sunday. Esq. Custody Conciliator mhc 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DONNA J. HARRISON : Plaintiff : : VS. LYLE K. HARRISON : Defendant : JUL 2 2 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA 02-2876 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this mt," day of C~ ~ ., 2004, upon consideration of the attached Custody Conciliation Report~it i~ ordered and directed as t611ows: 1. The prior Orders of this Court dated August 15, 2002 and July 21, 2003 are vacated and replaced with this Order. 2. The Mother, Donna J. Harrison, and the Father, Lyle K. Harrison, shall have shared legal custody of Kyler R. Harrison, bom July 10, 1996. Each parent shall have an equal fight, 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody oftha Child as tbllows: A. SCHOOL YEAR: During the school year, the parties shall alternate having custody of the Child on weekends from Friday after school through Monday before school. The Father shall have custody of the Child every week from Monday after school through Wednesday morning before school and the Mother shall have custody of the Clfild for the remainder of the week. Due to fluctuation in the Father's work schedule, however, the parties agree to cooperate in adjusting the two overnight weekday periods of custody (Monday through Wednesday) to coincide with the Father's days off from work as reflected on the Father's work schedule from his employer. The Father shall provide his employer's work schedule (with third parties' names deleted) to the Mother promptly upon receipt on an ongoing basis. ' custody of the Child B. SUMMER SCHOOL BREAK: The part~es shall alternate having during the summer school break each year on a weekly basis, with the exchange to take place each week on Thursday at 7:00 p.m. The alternating weekly schedule shall begin with the Mother having custody of the Child on Thursday, July 15, 2004. C. The summer custody schedule shall begin each year on the first Thursday after the last day of school with the parent having custody who would otherwise have custody under the regular alternating weekend schedule. The summer custody schedule shall end on the last Thursday before the first day of school each year and the school year custody schedule shall resume without interrupting the alternation of weekends. 4. The parties shall share having custody of the Child on holidays as follows: A. CHRIS_TMAS.: The Christmas holiday shall be divided into Segment A, which shall run fi:om--Christmas Eve at 12:00 noon through Christmas Day m 12:00 noon, and Segment B, which shall mn from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. ALTERNATING HOLIDAYS: The parties shall altema~ce having custody of the Child fi:om 9:0~ a.m. until 9:00 p.m. on Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. The alternating holiday schedule shall continue as followed by the parties since the schedule began with the Mother having custody of the Child on Labor Day in 2002. C. _MOTHER'S DAY/FATHER'S DAY_: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day fi:om 9:00 a.m. until 9:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. With the exception of the exchanges which take place at the Child's school, the party receiving custody shall be responsible to provide transportation ~>r the exchange. 6. The parties agree that the Child shall continue to attend school in the Mechanicsburg School District. 7. Both parties shall attend or have completed a seminar for separating parents. 8. 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. Both patties shall ensure that third parties having contact with the Child comply with this provision. 9. Each party shall ensure that the other party receives the original or a copy of all notices and information fi:om the Child's school. 10. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, ]December 15, 2004 at 10:30 a.m. for the purpose of reviewing the custody arrangements with respect to the Child's adjustment during the first half of the school year. 11. This Ordc'r is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: v~fgra F. Blair, Esquire - Counsel for Mother /l~yle K. Harrison, Father BY THE COURT, -. Hess · DONNA J. HARRISON : Plaimiff : VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CIVIL ACTION LAW LYLE K. HARRISON Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMA!I_,Y REPORT. E w xu CmBE D COUN_ Y .ULZ CXVlL IN ACCORDAI~.C ..... o~,,,eiliat submits the tOllow~ng report. PROCEDURE 1915.3-8, the unaers~gnea custoay ~ ......... or 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: Kyler R. Harrison DATE OF BIRTH July 10, 1996 CURRENTLY IN CUSTODY OF_ Mother/Father 2. A conciliation conference was held on July 15, 2004, with the following individuals in attendance: The Mother, Donna J. Harrison, with her counsel, Nora F. Blair, Esquire, and the Father, Lyle K. Harrison, who is not represented by counsel in this matter. 3. The patties agreed to entry of an Order in the form as attached. Custody Conciliator DONNA J. HARRISON · Plaintiff · VS. ' LYLE K. HARRISON · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2876 CWIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2/' day of 2)e~.~,.tn.r , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 26, 2004 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of therapeutic fa:mily counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assist the parties in developing sufficient cooperation and communication to enable them to effectively co-parent their Child. The parties agree that the Mother shall identify a qualified counselor who participates in the Father's insurance plan by January 15, 2005. On or before February 1, 2005, the parties shall contact the counselor to schedule the first therapy session· The Father shall be responsible to pay 60% and the Mother shall be responsible to pay 40% of any costs of counseling which are not covered by insurance. 3. The parties shall take all necessary steps to reinstitute co~mseling for the Child with Dr. Walsh. 4. The school year custody schedule set forth in paragraph 3A of the prior Order of this Court dated July 26, 2004 shall be extended throughout the entire calendar year. Accordingly, paragraphs 3B and 3C of the prior Court Order are vacated. 5. Unless otherwise agreed between the parties, the Child shall continue to attend the current latchkey program in which he is enrolled. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, A. Hess Jo / cc: -'CJ~ristopher Keller, Esquire - Counsel for Mother ,,,Eyle K. Harrison, Father DONNA J. HARRISON Plaintiff VS. LYLE K. HARRISON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL,~,ID COUNTY, PENNSYLVANIA 02-2876 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 CUSTODY OF Kyler R. Harrison July 10, 1996 Mother/Father 2. A conciliation conference was held on December 15, 2004, with the following individuals in attendance: The Mother, Donna J. Harrison, with her counsel, Christopher Keller, Esquire, and the Father, Lyle K. Harrison, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator